This agreement for catering services (this “Agreement”) dated this day of , 2009.
Customers Information: (the “Customer”)
-AND-
Classy Catering of P.O. Box 23501, Shawnee Mission, Kansas, 66283 (the “Caterer”)
The Customer hereby agrees to engage the Caterer to provide the Customer with services consisting of . The Caterer will be set up by (a.m.) (p.m.) and will begin clean up and tear down at (a.m.) (p.m.). Any time there after will be an additional cost. We will do other services as the Customer and the Caterer may agree upon from time to time (the “Services”).
The terms of this Agreement will begin on the date of this Agreement and will remain in full force and effect until the completion of the Services, subject to earlier termination as provided in the Agreement, with the said term being capable of extension by mutual written agreement of the parties. In the event that the Customer wishes to terminate this Agreement at a date before completion, they will be required to provide a notice period of one month (30 days).
The obligations of the Caterer under this Agreement will terminate upon the earlier of the Caterer ceasing to be engaged by the Customer or the termination of this Agreement by the Customer or the Caterer.
For the Services rendered by the Caterer as required by this Agreement, the Customer will pay to the Caterer compensation amounting to This compensation will be payable on or before the start of the event.
In addition to the above compensation, the Caterer will be entitled to the following compensation for performing the Services: If any equipment and/or setup/display items are damaged at the event, the Caterer has the right to charge the Customer for the full amount for the damaged product used to perform in this Agreement.
The Caterer agrees to provide, for the use of the Caterer in providing the Service, the following extras: .
The Caterer will be reimbursed from time to time for all reasonable and necessary expenses incurred. The Caterer will furnish statements to the Customer for all such expenses.
In the event that the Customer does not comply with the rates, amounts or dates of pay provided in the Agreement, a late payment penalty will be charged of $100.00 for each day the Customer is late paying the compensation under this Agreement.
In the event that a credit card is used, the Caterer has the right to charge a minimum 1% and up to a 3% processing fee. These charges are consumed by the credit card companies. Fees are based on the total amount charged.
The Caterer agrees to provide the following menu items: The agreed deadline to make changes to the menu is as follows: The Customer may notify the Caterer of desired changes to the menu up until two weeks before the event.
The agreed deadline to confirm the number of guest is as follows: The Customer is required to confirm the number of guest expected 2 weeks before the day of the event. This number may not decrease after this date. Numbers may increase for an additional charge.
Matters relating to the agreed amount and use of the deposit are as follows: The Customer will pay a deposit in the sum of 20% down on parties larger than 75 people and the sum of $400.00 on parties less than 75 people. The Caterer reserves the right to retain 100% of the deposit for any cancellation. Deposit is to be made TWO WEEKS before the event.
The agreed deadline for cancellation is as follows: The Customer may cancel the event with the Caterer up until ONE MONTH before the date of the event. After this time the Customer is liable for a cancellation penalty upon cancellation. Any cancellation of the event after the cancellation deadline will result in the following: If the customer cancels past the cancellation deadline, the Customer is required to pay half the expected total cost of the catering for the event or the full deposit, whichever may be higher.
It is expressly agreed that the Caterer is acting as an independent contractor and not as an employee in providing the Services under the Agreement. The Caterer and the Customer acknowledge that this Agreement does not create a partnership or joint venture between them, and is exclusively a contract for services.
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 representatives of each party.
It is understood and agreed that the Caterer will have no liability to the Customer or any other party for any loss or damage (whether direct, indirect, or consequential) which may arise from the provision of the Services.
Words in the singular mean and include the plural and vice versa. Words in the masculine mean and include the feminine and vice versa.
It is the intention of the parties to this Agreement that this Agreement and the performance under this Agreement, and all suits and special proceedings under this Agreement, be construed in accordance with and governed, to the exclusion of the law of any other form, by the laws of the State of Kansas, without regard to the jurisdiction in which any action or special proceeding may be instituted.
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.
The parties have duly executed this Catering Agreement this ________ day of _______, 2008.
Classy Catering ______________________________ (the “Caterer”) (the “Customer”)
