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Catering Contract

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Catering Contract Page of
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CATERING CONTRACT

THIS CATERING CONTRACT (the "Agreement") is dated this ________ day of ________________, ________.

Client

____________________________________________________
(the "Client")

Caterer

____________________________________________________
(the "Caterer")
  1. BACKGROUND
  2. The Client requires catering for a single event (the "Event") and is of the opinion that the Caterer has the necessary qualifications, experience and abilities to provide catering services to the Client.
  3. The Caterer is agreeable to providing such catering services to the Client on the terms and conditions set out in this Agreement.

IN CONSIDERATION OF the matters 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:

  1. Services Provided
  2. The Client hereby agrees to engage the Caterer to provide the Client with the following catering services (the "Services"):
    1. _______________________________________________________________
      _______________________________________________________________.
  3. The venue for the Event and delivery of the Services is:
    • _______________________________________________________________
      _______________________________________________________________.
  4. The time for the Event and delivery of the Services is:
    • _______________________________________________________________
      _______________________________________________________________.
  5. The Services will also include any other catering tasks which the Parties may agree on. The Caterer hereby agrees to provide such Services to the Client.
  6. Term of Agreement
  7. This Agreement is of full force and effect from the date of this Agreement until the Event is over.
  8. Performance
  9. The Parties agree to do everything necessary to ensure that the terms of this Agreement take effect.
  10. Currency
  11. Except as otherwise provided in this Agreement, all monetary amounts referred to in this Agreement are in GBP.
  12. Payment
  13. The Caterer will charge the Client a flat fee of £0.00 for the Services (the "Payment").
  14. The Client will be invoiced when the Services are complete.
  15. Invoices submitted by the Caterer to the Client are due within 30 days of receipt.
  16. In the event that this Agreement is terminated by the Client prior to completion of the Services but where the Services have been partially performed, the Caterer will be entitled to pro rata payment of the Payment to the date of termination provided that there has been no breach of contract on the part of the Caterer.
  17. The Payment as stated in this Agreement does not include Value Added Tax. Any Value Added Tax required will be charged to the Client in addition to the Payment.
  18. The Caterer will be responsible for all income tax liabilities and National Insurance or similar contributions relating to the Payment and the Caterer will indemnify the Client in respect of any such payments required to be made by the Client.
  19. Confidentiality
  20. Confidential information (the "Confidential Information") refers to any data or information relating to either Party, whether business or personal, which would reasonably be considered to 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.
  21. The Parties each agree that they 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 the Agreement, except as authorised by that Party or as required by law. The obligations of confidentiality will apply during the term of this Agreement and will survive indefinitely upon termination of this Agreement.
  22. Ownership of Intellectual Property
  23. All intellectual property, including recipes, formulas or similar related material, including any trade secrets, moral rights, goodwill, relevant registrations or applications for registration, and rights in any patent, copyright, trade mark, trade dress, industrial design and trade name (the "Intellectual Property") that is developed or produced under this Agreement, will be the sole property of the Client. The use of the Intellectual Property by the Client will not be restricted in any manner.
  24. The Caterer may not use the Intellectual Property for any purpose other than that contracted for in this Agreement except with the written consent of the Client. The Caterer will be responsible for any and all damages resulting from the unauthorised use of the Intellectual Property.
  25. Return of Property
  26. Upon the expiry or termination of this Agreement, the Caterer will return to the Client any property, documentation, records, or Confidential Information which is the property of the Client.
  27. Capacity/Independent Contractor
  28. In providing the Services under this Agreement it is expressly agreed that the Caterer is acting as an independent contractor and not as 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.
  29. Autonomy
  30. Except as otherwise provided in this Agreement, the Caterer will have full control over working time, methods, and decision making in relation to provision of the Services in accordance with the Agreement. The Caterer will work autonomously and not at the direction of the Client. However, the Caterer will be responsive to the reasonable needs and concerns of the Client.
  31. Equipment
  32. Except as otherwise provided in this Agreement, the Caterer will provide at the Caterer’s own expense, any and all foods and menu items, utensils, cutlery, tableware, napkins, workwear, and any other supplies necessary to deliver the Services in accordance with the Agreement.
  33. No Exclusivity
  34. 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.
  35. Notice
  36. All notices, requests, demands or other communications required or permitted by the terms of this Agreement will be given in writing and delivered to the Parties at the following addresses:
    1. ______________________
      ______________________________
    2. ______________________
      ______________________________

    or to such other address as either Party may from time to time notify the other.

  37. Indemnification
  38. 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 and 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 result from or arise out 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.
  39. Modification of Agreement
  40. 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 authorised representative of each Party.
  41. Time of the Essence
  42. Time is of the essence in this Agreement. No extension or variation of this Agreement will operate as a waiver of this provision.
  43. Assignment
  44. The Caterer will not voluntarily, or by operation of law, assign or otherwise transfer its obligations under this Agreement without the prior written consent of the Client.
  45. Entire Agreement
  46. It is agreed that there is no representation, warranty, collateral agreement or condition affecting this Agreement except as expressly provided in this Agreement.
  47. Enurement
  48. This Agreement will enure to the benefit of and be binding on the Parties and their respective heirs, executors, administrators and permitted successors and assigns.
  49. Titles/Headings
  50. Headings are inserted for the convenience of the Parties only and are not to be considered when interpreting this Agreement.
  51. Gender
  52. Words in the singular mean and include the plural and vice versa. Words in the masculine mean and include the feminine and vice versa.
  53. Governing Law
  54. This Agreement will be governed by and construed in accordance with the laws of England.
  55. Severability
  56. In the event that any of the 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.
  57. Waiver
  58. 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.

IN WITNESS WHEREOF the Parties have duly affixed their signatures under hand and seal on this ________ day of ________________, ________.

_______________________________
______________________ (Client)
_______________________________
______________________ (Caterer)
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Catering Contract Document Preview
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Last Updated February 16, 2024

Catering Contract Information

A Catering Contract is also known as a:

  • Foodservice contract
  • Catering service agreement
  • Hospitality and food service agreement

What is a Catering Contract?

A Catering Contract is a written agreement between a food service provider and a client. Our Catering Contract template suits a variety of hospitality and food services, such as:

  • Social event catering
  • Corporate contract catering
  • Wedding catering
  • Food truck services

Whether you own a catering business or work independently, having a written contract ensures the caterer and client are clear on the terms and conditions of the arrangement. This mutual understanding not only helps prevent disputes but also outlines the process for dealing with disputes if they occur.

What should I include in my Catering Contract?

Our questionnaire will guide you through the basic terms of your catering agreement. Discuss the event(s) with your caterer or client in advance to fill in the form with details such as:

  • The catering services to be provided
  • Event address and time
  • Menu and guest information
  • Caterer and client information
  • Billing (including optional deposits and late fees)

We also include an option to address intellectual property rights. For instance, if a caterer creates new and specific recipes for a client, you should clarify who retains ownership of that intellectual property. You can also add a term for confidentiality to prevent anyone in the agreement from sharing the recipes.

Confidentiality may also apply when corporate clients hire catering services for business lunches on a regular basis. Throughout your interactions, catering staff may learn information about the client’s business or employees that should be kept confidential. Including a confidentiality term in your contract helps prevent anyone from disclosing sensitive information for either the length of the agreement or indefinitely.

How should I price catering services?

Caterers often charge clients either a flat rate or an hourly fee (or a combination of the two) for catering services. What you choose depends on several factors, including your duties and responsibilities for the event, the menu items you’ll serve, and the guest count.

Consider these factors when calculating billing details:

  • Food and drink costs
  • Supplies (dishes, linens, glassware, etc.)
  • Service fees (may include overhead expenses)
  • Bar services
  • Labour

Our Catering Contract template also allows you to include or exclude VAT from your charges. If you’re a VAT-registered business, you must charge VAT on your services. The standard rate in the UK is currently 20%.

How do I write a cancellation policy?

LawDepot’s Catering Contract template helps you account for potential contract cancellations by including an optional term for cancellation notice periods. You can also write a specific cancellation policy in our “Additional Clauses” section at the end of the questionnaire.

A notice period is the time frame in which a party can send a cancellation letter to end the contract early. Notice periods typically range between one and four weeks, depending on the length of the contract. By requiring notice for cancellations, you can ensure you're not wasting time or resources planning for an event that won’t happen. Plus, this gives caterers an opportunity to find another client to fill their new availability.

You can also address a cancellation fee in the “Additional Clauses” section of the questionnaire. For instance, if the caterer spent time ordering special ingredients or creating a new recipe, they may ask for a partial payment to compensate for their effort and time. Alternatively, caterers could charge a deposit fee and retain it as payment if the client cancels the contract early. However, if a dispute occurs, keep in mind that courts are unlikely to enforce an overly large cancellation charge.

The cost of the cancellation fee may also depend on how much notice the client or caterer provides. For example, if you require at least 10 days’ written notice and the client cancels within 7 days of the scheduled event, you may be entitled to full event costs. If necessary, research formulas for cancellation fees in the catering industry (often based on notice periods and lost profits) before settling on an amount.

What are the IR35 rules and how might they apply to me?

The IR35 rules are taxation regulations that apply to off-payroll workers. These rules likely apply to you if you operate your catering business as an individual, partner, or intermediary (i.e., sub-contractor).

It’s critical to understand how these tax rules affect you and how to prepare for them. Visit the UK’s government services website for more information.

Related Documents:

  • Contract Addendum: Unexpected events may cause dates, guest numbers, or menu items to change. Rather than break the contract, you can add, delete, or change the terms of your agreement with a Contract Addendum.
  • Indemnity Agreement: Although our Catering Contract includes an indemnification clause, you may wish to draft a comprehensive Indemnity Agreement if the catering event involves high risks (such as off-premise catering events, where there may be challenges maintaining food safety).
  • Demand Letter: Use this letter to demand payments in the event your client fails to compensate you appropriately for your services.
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