CATERING SERVICES AGREEMENT
Effective Date: ________
This Catering Services Agreement (hereinafter referred to as the "Agreement"), is entered into by and between the following parties:
________,
a Corporation incorporated under the laws of Canada
AND
________
a Corporation incorporated under the laws of Canada
Customer and Caterer may be referred to individually as a "Party" and collectively as the "Parties".
This Agreement is made in the following Canadian province or territory: Alberta.
PREAMBLE
WHEREAS the Customer wishes to retain the services of a caterer to provide certain catering services (as defined below);
AND WHEREAS the Caterer has the skills, qualifications, and expertise required to provide the catering services to the Customer;
AND WHEREAS the Caterer wishes to provide such catering services to the Customer;
NOW THEREFORE, in consideration of the promises and covenants contained herein, as well as other valuable consideration (the receipt and sufficiency of which is hereby acknowledged), the parties agree as follows:
Article I - DEFINITIONS
As used in this Agreement
A) The term "Event" is used to refer to the next specific event at which the Caterer will provide catering services.
B) The term "Catering Services" is used to refer to the following specific services that the Caterer will provide to the Customer under the terms and conditions set forth herein:
________
C) The term "Event Details" is used to refer to the following specific details regarding the Event:
Type of event: ________
Date of the event: ________
Time of the event: ________
Event address: ________
Number of persons: ________
D) The term "fee" is used to refer to the payment that Customer will make for the provision of the Catering Services. Specifically, the fees are as follows: ________ ($________) per person.
Article II - AGREEMENT
Subject to the terms and conditions of this Agreement, Caterer agrees to provide catering services to Customer, during the event described in this document, using all details of the event as instructed and Customer agrees to pay Caterer the required fee for the catering services.
Article III - MENU
The menu served by the Caterer is as follows ("Menu"):
The Caterer is allowed to make small changes to the menu if the ingredients cannot be found after reasonable efforts.
Article IV - STAFF OR EMPLOYEES
The Caterer will only use the following staff or employees to assist in the provision of catering services, to the extent that such persons are approved and accepted by the Customer:
________
Article V - RATES
The Customer agrees to pay the Caterer the required fees, as defined in this contract, for the catering services, subject to the following conditions:
A) Deposit. The amount of the deposit due for catering services is:
________ ($________)
B) Payment due. Payment is due as follows:
________
C) Method of payment. The Caterer accepts the following methods of payment:
________
D) Expenses. The Caterer is entitled to charge all reasonable and necessary fees and expenses incurred in connection with the Catering Services, including, but not limited to, travel and photocopying expenses, cost of ingredients, and other reasonably incurred disbursements.
E) Taxes. All charges payable under this Agreement are exclusive of any taxes, surcharges or other amounts imposed by provincial or federal governments. Taxes imposed or to be paid by Customer or Caterer are the sole and exclusive responsibility of each party. Sales taxes may apply in addition to any fees charged hereunder.
Article VI - FLUCTUATION OF COSTS
The Customer understands and acknowledges that the cost of menu items and ingredients may fluctuate. If costs fluctuate to the point that it is no longer profitable for the Caterer to undertake this work, the Customer agrees that the Caterer may:
A) Cover any additional costs; or
B) Replace the other menu items.
Article VII - CHANGES
Changes to the number of guest-requested dishes, dates or locations must be made no later than the following deadline prior to the event: ________. Any changes made after this deadline will be subject to a penalty as follows:
________
Article VIII - CANCELLATION
If the Customer decides to cancel after the execution of this contract through no fault of the Caterer, the Caterer is entitled to the following:
1. If the Customer cancels within 30 days prior to the event, the Customer will pay a fee of 25% of the total cost.
2. If the Customer cancels within 14 days prior to the event, the Customer will pay a fee of 50% of the total cost.
3. If the Customer cancels within 7 days of the event, the Customer will pay the full cost as provided in this agreement.
Article IX - COMPLIANCE
The Caterer must comply with all provincial and federal laws regarding food preparation and service, including health and safety laws, food preparation, food protection, hygiene, sanitation, health inspection, hazards, and more.
Article X - WARRANTIES
The Caterer represents and warrants that it will perform the catering services with the care and skill that is reasonable for a caterer in its field.
The Caterer warrants that it will comply with all laws and regulations governing the safety, handling, and preparation of food, including possessing the appropirate licenses and permits by Provincial/ Territorial and local authorities.
The Caterer warrants that it will use fresh, high quality ingredients.
The Caterer shall ensure to plate all food items in a professional and appealing manner.
The Caterer will ensure to wear proper attire and shall further ensure to maintain an appropriate and professional demeanour.
The Catere warrants that they will accomodate any dietary restrictions communicated by the Customer.
Article XI - LIMITATION OF LIABILITY
Except in the event of death or bodily injury caused by the negligence of one of the parties, the contractual, tortious, or other liability of either party, arising from this contract or the performance of the obligations hereunder, is limited to the fees paid by the Customer to the Caterer.
To the extent permitted by law, neither party shall be liable to the other party, whether in contract, tort, negligence, breach of statutory duty, or otherwise, for any loss, damage, cost or expense of any nature whatsoever incurred or suffered by such other parties, whether indirect or consequential, including, without limitation, economic loss, loss of data, loss of goodwill or other loss of revenue, profit or business.
Article XII - 588528558 888 585588885
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552 8522525 85588 2522 252 2222558 885888822 828555282 225 252 222852 55552822 22 252 528528228582 8228222 252 2552828.
Article XIII - TERMINATION
5588 825222222 8888 225282522 5222 252 8228858822 22 252 28222.
5588 825222222 252 5882 82 2252825225 82 282525 25522, 5222 8582222 222882, 82 252 22525 25522 88 525882 22 2252252 828 28882528228 525252525, 828855822 5 2522222 2888252822 25 5 22522525282 2888252822.
5588 825222222 252 82 2252825225 82 252 8522525 82 252 85822225 25888 22 252 252 52858525 2228. 552 8522525 252 225282522 252 825222222 82225852282, 8825252 222882 82 8582822.
52 2588 825222222 88 2252825225 822252 252 2528552822 22 828 2525558 2252, 252 85822225 525228 22 252 588 85225822 82588828 52252525 52 22 252 22528252822 5522, 58 8288 58 588 25222828 552 52225 252 22528252822 5522 225 82228222228 5258225882 2552 525 82855525 82 252 8522525 82 8222282822 8825 252 252888822 22 85225822 82588828 25825 22 252 22528252822 5522.
822 22528252822 525252525 85588 222 522282 522 582528 25 88588882828 5885525 82 282525 25522 52525 2588 825222222 25 52 858 525 85588 222 252255882 522 582528 25 52225828 22 85885 282525 25522 252 82 22282825. 822 252888822 25 8582552 22 2588 825222222 2552 88 82222525 22 82228252 52225 22528252822 25 22 8222 8222 22582 52 25 52225 252 2822 22 22528252822 85588 222 82 52228225 82 2588 8582552.
Article XIV - RELATIONSHIP OF THE PARTIES
The parties hereby acknowledge and agree that nothing in this Agreement shall be deemed to constitute a partnership, joint venture, agency or other relationship between the parties and that the sole and exclusive purpose of this Agreement is the provision of specific catering services by the Caterer to the Customer under the terms hereof. The Caterer is an independent contractor.
Article XV - GENERAL PROVISIONS
A) APPLICABLE LAW: This Agreement shall be governed in all respects by the laws of Alberta and any applicable federal law. Both parties consent to the jurisdiction of the courts of the province or territory and the Canadian federal courts. The parties agree that this choice of law, place, and jurisdiction provision is not optional, but rather mandatory.
B) LANGUAGE: All communications made or notices given under this Agreement shall be in English.
C) ASSIGNMENT: This Agreement, or any rights hereunder, may not be assigned, sold, leased or otherwise transferred, in whole or in part, by either party.
D) AMENDMENTS: This Agreement may only be amended by writing signed by both parties.
E) NO WAIVER: None of the terms and conditions of this Agreement shall be deemed waived by any act or acquiescence of either party. Only an additional written Agreement may constitute a waiver of any of the terms of this Agreement between the parties. No waiver of any term or provision of this Agreement shall constitute a waiver of any other term or provision or the same provision at any later date. The failure of either party to enforce any provision of this Agreement shall not constitute a waiver of such provision or any other provision.
F) SEVERABILITY: If any provision or term of this Agreement is held to be unenforceable, this Agreement shall be deemed to be amended to the extent necessary to render the provision otherwise unenforceable, and the remainder of the Agreement shall be valid and enforceable. If a court refuses to modify this Agreement in accordance with its terms, the invalidity or unenforceability of any provision of this Agreement shall not affect the validity or enforceability of the remaining terms and provisions, which shall be applied as if the offending term or provision had not been included in this Agreement.
G) ENTIRE AGREEMENT: This Agreement constitutes the entire Agreement between the parties and supersedes all prior or contemporaneous agreements whether written or oral.
H) HEADINGS: The headings in this Agreement are for convenience of reference only and shall not be construed to limit or affect the terms of this Agreement.
I) COUNTERPARTS: This Agreement may be executed in counterparts, all of which shall constitute one and the same Agreement.
J) FORCE MAJEURE: The Caterer shall not be liable for any failure to perform due to causes beyond its reasonable control, including, but not limited to, acts of force majeure, acts of civil authorities, acts of military authorities, riots, embargoes, acts of nature and natural disasters, and other acts that may be due to unforeseen circumstances.
K) NOTICE OF PERMITTED ELECTRONIC COMMUNICATIONS: Any notice to be given under this Agreement shall be in writing and shall be sent by first-class mail, airmail or electronic mail to the address of the applicable Party set forth at the head of this Agreement, or to the applicable electronic mail address set forth below, or to such other electronic mail address as that Party may notify the other Party from time to time in accordance with this clause. The contact details of the Parties are as follows:
Caterer: ________
Customer: ________
Notices sent as set forth above shall be deemed to have been received 3 business days after the date of mailing (in the case of domestic first-class mail), or 7 business days after the date of mailing (in the case of airmail), or the next business day after mailing (in the case of e-mail).
To prove that a notice was sent, it is sufficient to prove that the notice was left, or that the envelope containing the notice was properly addressed and mailed, or that the applicable means of telecommunication was addressed and sent and that the mailing was confirmed and/or acknowledged, as the case may be.
EXECUTION
Caterer: ________
Representative's name: ________________________
Title: _____________________________________
Signature: _________________________________
Date: _____________________________________
Customer: ________
Representative's name: ________________________
Title: _____________________________________
Signature: _________________________________
Date: _____________________________________
CATERING SERVICES AGREEMENT
Effective Date: ________
This Catering Services Agreement (hereinafter referred to as the "Agreement"), is entered into by and between the following parties:
________,
a Corporation incorporated under the laws of Canada
AND
________
a Corporation incorporated under the laws of Canada
Customer and Caterer may be referred to individually as a "Party" and collectively as the "Parties".
This Agreement is made in the following Canadian province or territory: Alberta.
PREAMBLE
WHEREAS the Customer wishes to retain the services of a caterer to provide certain catering services (as defined below);
AND WHEREAS the Caterer has the skills, qualifications, and expertise required to provide the catering services to the Customer;
AND WHEREAS the Caterer wishes to provide such catering services to the Customer;
NOW THEREFORE, in consideration of the promises and covenants contained herein, as well as other valuable consideration (the receipt and sufficiency of which is hereby acknowledged), the parties agree as follows:
Article I - DEFINITIONS
As used in this Agreement
A) The term "Event" is used to refer to the next specific event at which the Caterer will provide catering services.
B) The term "Catering Services" is used to refer to the following specific services that the Caterer will provide to the Customer under the terms and conditions set forth herein:
________
C) The term "Event Details" is used to refer to the following specific details regarding the Event:
Type of event: ________
Date of the event: ________
Time of the event: ________
Event address: ________
Number of persons: ________
D) The term "fee" is used to refer to the payment that Customer will make for the provision of the Catering Services. Specifically, the fees are as follows: ________ ($________) per person.
Article II - AGREEMENT
Subject to the terms and conditions of this Agreement, Caterer agrees to provide catering services to Customer, during the event described in this document, using all details of the event as instructed and Customer agrees to pay Caterer the required fee for the catering services.
Article III - MENU
The menu served by the Caterer is as follows ("Menu"):
The Caterer is allowed to make small changes to the menu if the ingredients cannot be found after reasonable efforts.
Article IV - STAFF OR EMPLOYEES
The Caterer will only use the following staff or employees to assist in the provision of catering services, to the extent that such persons are approved and accepted by the Customer:
________
Article V - RATES
The Customer agrees to pay the Caterer the required fees, as defined in this contract, for the catering services, subject to the following conditions:
A) Deposit. The amount of the deposit due for catering services is:
________ ($________)
B) Payment due. Payment is due as follows:
________
C) Method of payment. The Caterer accepts the following methods of payment:
________
D) Expenses. The Caterer is entitled to charge all reasonable and necessary fees and expenses incurred in connection with the Catering Services, including, but not limited to, travel and photocopying expenses, cost of ingredients, and other reasonably incurred disbursements.
E) Taxes. All charges payable under this Agreement are exclusive of any taxes, surcharges or other amounts imposed by provincial or federal governments. Taxes imposed or to be paid by Customer or Caterer are the sole and exclusive responsibility of each party. Sales taxes may apply in addition to any fees charged hereunder.
Article VI - FLUCTUATION OF COSTS
The Customer understands and acknowledges that the cost of menu items and ingredients may fluctuate. If costs fluctuate to the point that it is no longer profitable for the Caterer to undertake this work, the Customer agrees that the Caterer may:
A) Cover any additional costs; or
B) Replace the other menu items.
Article VII - CHANGES
Changes to the number of guest-requested dishes, dates or locations must be made no later than the following deadline prior to the event: ________. Any changes made after this deadline will be subject to a penalty as follows:
________
Article VIII - CANCELLATION
If the Customer decides to cancel after the execution of this contract through no fault of the Caterer, the Caterer is entitled to the following:
1. If the Customer cancels within 30 days prior to the event, the Customer will pay a fee of 25% of the total cost.
2. If the Customer cancels within 14 days prior to the event, the Customer will pay a fee of 50% of the total cost.
3. If the Customer cancels within 7 days of the event, the Customer will pay the full cost as provided in this agreement.
Article IX - COMPLIANCE
The Caterer must comply with all provincial and federal laws regarding food preparation and service, including health and safety laws, food preparation, food protection, hygiene, sanitation, health inspection, hazards, and more.
Article X - WARRANTIES
The Caterer represents and warrants that it will perform the catering services with the care and skill that is reasonable for a caterer in its field.
The Caterer warrants that it will comply with all laws and regulations governing the safety, handling, and preparation of food, including possessing the appropirate licenses and permits by Provincial/ Territorial and local authorities.
The Caterer warrants that it will use fresh, high quality ingredients.
The Caterer shall ensure to plate all food items in a professional and appealing manner.
The Caterer will ensure to wear proper attire and shall further ensure to maintain an appropriate and professional demeanour.
The Catere warrants that they will accomodate any dietary restrictions communicated by the Customer.
Article XI - LIMITATION OF LIABILITY
Except in the event of death or bodily injury caused by the negligence of one of the parties, the contractual, tortious, or other liability of either party, arising from this contract or the performance of the obligations hereunder, is limited to the fees paid by the Customer to the Caterer.
To the extent permitted by law, neither party shall be liable to the other party, whether in contract, tort, negligence, breach of statutory duty, or otherwise, for any loss, damage, cost or expense of any nature whatsoever incurred or suffered by such other parties, whether indirect or consequential, including, without limitation, economic loss, loss of data, loss of goodwill or other loss of revenue, profit or business.
Article XII - 588528558 888 585588885
552 85822225 525228 22 825222822 252 8522525, 525 588 22 828 522228, 222822228, 525 522528222528828, 225 522 552522, 885888822, 525 8288, 58 8288 58 82258 2228 525 25222828 82855525, 528582822 2522 252 85225822 82588828, 2588 82225582, 25 522 25528582822 25 252225 5285225 22 252 85225822 82588828 25 252 528528228582 8228222 252 8522525 525 252 85822225. 5588 885582 85588 222 82 822825525 58 252885822 822222852822 22 5 25522 82 252 28222 2552 5 82552 22 822222222 255885882822, 522525822 5 28258 25522222, 28258 2552 252 25522'8 855 25825, 25288 2228822282, 25 8888258 2888225582 855825 252 552522, 885888822, 25 8288.
552 8522525 85588 2522 252 2222558 885888822 828555282 225 252 222852 55552822 22 252 528528228582 8228222 252 2552828.
Article XIII - TERMINATION
5588 825222222 8888 225282522 5222 252 8228858822 22 252 28222.
5588 825222222 252 5882 82 2252825225 82 282525 25522, 5222 8582222 222882, 82 252 22525 25522 88 525882 22 2252252 828 28882528228 525252525, 828855822 5 2522222 2888252822 25 5 22522525282 2888252822.
5588 825222222 252 82 2252825225 82 252 8522525 82 252 85822225 25888 22 252 252 52858525 2228. 552 8522525 252 225282522 252 825222222 82225852282, 8825252 222882 82 8582822.
52 2588 825222222 88 2252825225 822252 252 2528552822 22 828 2525558 2252, 252 85822225 525228 22 252 588 85225822 82588828 52252525 52 22 252 22528252822 5522, 58 8288 58 588 25222828 552 52225 252 22528252822 5522 225 82228222228 5258225882 2552 525 82855525 82 252 8522525 82 8222282822 8825 252 252888822 22 85225822 82588828 25825 22 252 22528252822 5522.
822 22528252822 525252525 85588 222 522282 522 582528 25 88588882828 5885525 82 282525 25522 52525 2588 825222222 25 52 858 525 85588 222 252255882 522 582528 25 52225828 22 85885 282525 25522 252 82 22282825. 822 252888822 25 8582552 22 2588 825222222 2552 88 82222525 22 82228252 52225 22528252822 25 22 8222 8222 22582 52 25 52225 252 2822 22 22528252822 85588 222 82 52228225 82 2588 8582552.
Article XIV - RELATIONSHIP OF THE PARTIES
The parties hereby acknowledge and agree that nothing in this Agreement shall be deemed to constitute a partnership, joint venture, agency or other relationship between the parties and that the sole and exclusive purpose of this Agreement is the provision of specific catering services by the Caterer to the Customer under the terms hereof. The Caterer is an independent contractor.
Article XV - GENERAL PROVISIONS
A) APPLICABLE LAW: This Agreement shall be governed in all respects by the laws of Alberta and any applicable federal law. Both parties consent to the jurisdiction of the courts of the province or territory and the Canadian federal courts. The parties agree that this choice of law, place, and jurisdiction provision is not optional, but rather mandatory.
B) LANGUAGE: All communications made or notices given under this Agreement shall be in English.
C) ASSIGNMENT: This Agreement, or any rights hereunder, may not be assigned, sold, leased or otherwise transferred, in whole or in part, by either party.
D) AMENDMENTS: This Agreement may only be amended by writing signed by both parties.
E) NO WAIVER: None of the terms and conditions of this Agreement shall be deemed waived by any act or acquiescence of either party. Only an additional written Agreement may constitute a waiver of any of the terms of this Agreement between the parties. No waiver of any term or provision of this Agreement shall constitute a waiver of any other term or provision or the same provision at any later date. The failure of either party to enforce any provision of this Agreement shall not constitute a waiver of such provision or any other provision.
F) SEVERABILITY: If any provision or term of this Agreement is held to be unenforceable, this Agreement shall be deemed to be amended to the extent necessary to render the provision otherwise unenforceable, and the remainder of the Agreement shall be valid and enforceable. If a court refuses to modify this Agreement in accordance with its terms, the invalidity or unenforceability of any provision of this Agreement shall not affect the validity or enforceability of the remaining terms and provisions, which shall be applied as if the offending term or provision had not been included in this Agreement.
G) ENTIRE AGREEMENT: This Agreement constitutes the entire Agreement between the parties and supersedes all prior or contemporaneous agreements whether written or oral.
H) HEADINGS: The headings in this Agreement are for convenience of reference only and shall not be construed to limit or affect the terms of this Agreement.
I) COUNTERPARTS: This Agreement may be executed in counterparts, all of which shall constitute one and the same Agreement.
J) FORCE MAJEURE: The Caterer shall not be liable for any failure to perform due to causes beyond its reasonable control, including, but not limited to, acts of force majeure, acts of civil authorities, acts of military authorities, riots, embargoes, acts of nature and natural disasters, and other acts that may be due to unforeseen circumstances.
K) NOTICE OF PERMITTED ELECTRONIC COMMUNICATIONS: Any notice to be given under this Agreement shall be in writing and shall be sent by first-class mail, airmail or electronic mail to the address of the applicable Party set forth at the head of this Agreement, or to the applicable electronic mail address set forth below, or to such other electronic mail address as that Party may notify the other Party from time to time in accordance with this clause. The contact details of the Parties are as follows:
Caterer: ________
Customer: ________
Notices sent as set forth above shall be deemed to have been received 3 business days after the date of mailing (in the case of domestic first-class mail), or 7 business days after the date of mailing (in the case of airmail), or the next business day after mailing (in the case of e-mail).
To prove that a notice was sent, it is sufficient to prove that the notice was left, or that the envelope containing the notice was properly addressed and mailed, or that the applicable means of telecommunication was addressed and sent and that the mailing was confirmed and/or acknowledged, as the case may be.
EXECUTION
Caterer: ________
Representative's name: ________________________
Title: _____________________________________
Signature: _________________________________
Date: _____________________________________
Customer: ________
Representative's name: ________________________
Title: _____________________________________
Signature: _________________________________
Date: _____________________________________
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