Catering Contract / Agreement 

CLIENT INFORMATION

BACKGROUND:
A. The client requires catering for a single event (THE EVENT) and is of the opinion that the Caterer has the necessary skills, qualifications, abilities, and experience to provide the requested catering services to the Client.
B. The Caterer is agreeable to providing such catering services to the Client on the terms and conditions outlined in this Agreement.

IN CONSIDERATION OF the matter(s) described above and of the mutual benefits and obligations set forth in this Agreement, the receipt and sufficiency of which consideration is hereby acknowledged, The Client and the Caterer (individually the Party and collectively the “Parties” to this Agreement) agree as follows:

Services Provided

TERM OF AGREEMENT
6. This Agreement is in full force and effect from the date of this Agreement until the Event is complete.

CURRENCY
7. Except as otherwise provided in this Agreement, all monetary amounts referred to in this Agreement are in USD (US Dollars).

COMPENSATION
8. The Caterer will charge (invoice) the Client a non-refundable fee of 50%, which serves as a deposit.
9. An invoice will be submitted to the Client for the balance of fees due, which is to be paid in full (5 days) prior to the scheduled event.
10. If this Agreement is terminated by the Client prior to its full obligation of Services, but to whereas said services has been partially performed. The Caterer shall be entitled to “pro rata “payment of the Compensation to the date of termination if there has been no breach of contract on the behalf of the Caterer.
11. The Compensation, as stated in this Agreement, does not include sales tax or other applicable duties, as it may required by law. Any sales tax and duties required by law will be charged to the Client in addition to said Compensation.

CONFIDENTIALITY
12. Confidential information applies to any data or information relating to either of the parties, whether business or personal, which would reasonably be private or proprietary to the owning party and that is not generally known and where the release of that Confidential Information could reasonably be expected to cause harm to the owning party.
13. The Parties each agree that they both will not disclose, divulge, reveal, report, or use for any purpose any Confidential Information belonging to the other Party which they have obtained through the operation of said Agreement, except as authorized by the Party or as required by law. The obligations of confidentiality will apply during the term of said Agreement and will survive indefinitely upon termination and/or completion of this Agreement.

OWNERSHIP OF INTELLECTUAL PROPERTY
14. All intellectual property, including recipes, formulas, or similar related material, including trade secrets, moral rights, goodwill, relevant registrations or applications for registration, rights in any patent, copyright, trademark, trade dress, industrial design, and trade name (trade name here) that is developed or produced under this Agreement, is a “work made for hire” and will be the sole property of the Client. The use of the Intellectual Property by the Client will not be restricted in any manner.

15. The Caterer may not use the Intellectual Property for any purpose other than that contracted for in the Agreement except with the written consent of the Client. The Caterer will be responsible for all damage resulting from the unauthorized use of the Intellectual Property.

RETURN OF PROPERTY
16. Upon the expiration or termination of this Agreement, the Caterer will return to the Client any property, documentation records or Confidential Information which is the sole property of the Client.

CAPACITY/ INDEPENDENT CONTRACTOR
17. In providing the services under this Agreement it is expressly agreed that the Caterer is acting in the capacity of an independent contractor and not that of an employee. The Caterer and the Client acknowledge that this Agreement does not create a partnership or joint venture between them and is exclusively a contract for service(s). The Client is not required to pay or make any contributions to any social security, local, state, or federal tax, unemployment compensation, workers’ compensation, insurance premium, profit-sharing, pension or any other employee benefit for the Caterer during the term of the Agreement. The Caterer is responsible for paying and complying with reporting requirements for all local, state, and federal taxes related to payments made to the Caterer under this Agreement.

AUTONOMY
18. Except as otherwise provided in this Agreement, the Caterer will have full control over working schedule(s), methods and decision making in relation to provision of the Services in accordance with this Agreement. The Caterer will work autonomously and not at the direction of the Client. However, the Caterer will remain responsive to the reasonable needs, requests, and concerns of the Client.

EQUIPMENT
19. Except as otherwise provided in this Agreement, the Caterer will provide at the Caterer’s own expense, all foods, menu items, utensils, cutlery, tableware, napkins, workwear, and any other supplies necessary to deliver the professional Services in accordance with the Agreement.

NO EXCLUSIVITY
20. The Parties acknowledge that this Agreement is non-exclusive and that either Party will be free before or after the Event to engage or contract with third parties for the provision of services similar to the Services outlined in this Agreement.

or to such other address as either Party may from time to time notify the other will be deemed to be the properly delivered (a.) immediately upon being served, (b.) two days after being deposited with the postal service if served by registered mail or (c.) the following day after being deposited with an overnight courier.

INDEMNIFICATION
22. Except to the extent paid in settlement from any applicable insurance policies and to the extent permitted by applicable law, each Party agrees to indemnify and hold harmless the other Party and its respective affiliates, officers, agents, employees and permitted successors assigns against any and all
claims, losses, damages, liabilities, penalties, punitive damages, expenses, reasonable legal fees and costs of any kind or amount whatsoever, which may result from or arise of any act or omission of the indemnifying party, its respective affiliates, officers, agents, employees and permitted successors and assigns that occurs in connection with this Agreement. This indemnification will survive the termination of this Agreement.

MODIFICATION OF AGREEMENT
23. Any amendment or modification of this Agreement or additional obligation assumed by either Party in connection with this Agreement will only be binding if evidenced in writing signed by each Party or an authorized representative of each Party.

TIME OF THE ESSENCE
24. Time is of the essence in this Agreement. No extension or variation of this Agreement will operate as a waiver of this provision.

ASSIGNMENT
25. The Caterer will not, voluntarily, or by operation of law, assign or otherwise transfer obligations under this Agreement without prior written consent of the Client.

ENTIRE AGREEMENT
26. It is agreed that there is no representation, warranty, collateral agreement, or condition affecting this Agreement except as expressly provided in this Agreement.

ENDUREMENT
27. This Agreement will ensure the benefit of and be binding on the Parties and their respective heirs, executors, administrators, and permitted successors and assigns.

TITLES/ HEADINGS
28. Headings are inserted for the convenience of the Parties only and are not to be considered when interpreting the Agreement.

GENDER
29. Words in the singular mean and include the plural and vice versa. Vocabulary in the masculine mean and include the feminine and vice versa.

GOVERNING LAW
30. This Agreement will be governed by and construed in accordance with the laws of the State of New Jersey.

SEVERABILITY
31. If any provisions of this Agreement are held to be invalid or unenforceable in whole or in part, all other provisions will nevertheless continue to be valid and enforceable with the invalid or unenforceable parts severed from the remainder of this Agreement.

WAIVER
32. The waiver by either Party of a breach, default, delay, or omission of any of the provisions of this Agreement by the other Party will not be construed as a waiver of any subsequent breach of the same or other provisions of this Agreement.

IN WITNESS WHEREOF, the parties have duly affixed their signatures underhand and seal on this.

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