Catering Services Contract
This Catering Services Contract (the "Contract") is made between [Caterer (business name)] ("Caterer") and [Client full name(s) or company] ("Client"), telephone [Client phone], for catering at the event described below (the "Event"). Caterer and Client are each a "Party" and together the "Parties".
1. The Event
Caterer shall provide food and beverage service for the following: [Type of event], on [Event date] (the "Event Date"), at [Venue name and address] (the "Venue"). Service times: [Guest arrival and service times]. Client shall confirm the final timeline in writing at least fourteen (14) days before the Event Date. Changes to the Venue or the Event Date are treated as a postponement under Section 10 and may affect pricing and availability.
2. Menu and Service
Caterer shall provide the following menu (the "Menu"), served [Service style]: [Menu]. Caterer shall prepare the Menu with fresh ingredients of good quality in a licensed commercial kitchen or a Venue kitchen meeting health code requirements, and shall provide standard serving equipment. Caterer may substitute an ingredient of equal or greater quality where the original is unavailable, and shall tell Client of any substantial substitution before the Event.
Client may request changes to the Menu in writing up to twenty-one (21) days before the Event Date; Caterer shall confirm any change and its effect on the price in writing. A tasting for up to two (2) people is included after the deposit is paid, at a date agreed with Caterer.
3. Guest Count
Client estimates [Estimated guest count] guests. Client shall confirm the final guest count in writing, with the dietary requirements in Section 6 and, for a plated meal, entrée selections, no later than [Final guest count due (days before the event)] days before the Event Date (the "Final Count"). The Final Count is the minimum number of guests Client shall pay for and may not be reduced after that date; if Client does not provide one by the deadline, the estimated count above is the Final Count. If more guests attend, Client shall pay for them at the per-guest price and Caterer shall use reasonable efforts to serve them, but does not guarantee the full Menu beyond the Final Count plus five percent (5%).
4. Price and Payment
Client shall pay Caterer [Price per guest] per guest for the Menu, based on the Final Count, plus the following: service staff as described in Section 5; the following other charges: [Other charges (rentals, bar, delivery) (or "None")]; a service charge of [Service charge (% of food and beverage)] percent of food and beverage charges, which covers Caterer’s administrative, planning and operational costs; and applicable sales tax on all taxable items. Staff gratuities: [Staff gratuities].
Payment schedule: (a) a deposit of [Deposit due on signing] (the "Deposit") is due on signing, reserves the Event Date, and is non-refundable except as provided in Sections 10 and 11; (b) a second payment of [Second payment] is due on or before [Second payment due]; and (c) the balance, calculated on the Final Count, is due [Final balance due (days before the event)] days before the Event Date. Charges incurred at the Event, such as additional guests, overtime and beverages on consumption, are invoiced within seven (7) days after the Event and due within fourteen (14) days. The Event Date is not reserved until the Deposit is received. Late amounts accrue interest at one and one-half percent (1.5%) per month or the highest lawful rate, whichever is less, and Caterer is not obliged to perform if the balance is unpaid when due.
5. Service Staff
Caterer shall provide [Service staff provided] service staff, including a lead server or captain, for up to [Staff hours included (per staff member)] hours each, covering setup, service and breakdown. Time beyond that, including delays in guest arrival, extended service at Client’s request, or late access to the Venue, is charged at [Staff overtime rate per person per hour] per staff member per hour or part hour. Caterer’s staff shall be appropriately attired, trained in food safety and, where serving alcohol, certified as the state requires. Caterer may adjust staffing for the Final Count, confirming any change in the staff charge to Client in writing.
6. Allergies and Dietary Requirements
Client shall collect allergies and dietary requirements from guests and provide them to Caterer with the Final Count. Known requirements at signing: [Allergies and dietary requirements (or "Provided with the final count")]. Caterer shall prepare suitable alternatives for guests identified in advance, shall label dishes with major allergens at buffets and stations, and shall follow safe food handling and allergen procedures.
Client acknowledges that Caterer’s kitchen and the Venue handle common allergens, including nuts, dairy, gluten, eggs, shellfish and soy, and that Caterer cannot guarantee that any dish is free of cross-contact with any allergen. Client shall inform guests with severe allergies of this. Caterer is not liable for reactions to allergens that were not disclosed with the Final Count, or for food or beverages not provided by Caterer.
7. Client and Venue Responsibilities
Client shall ensure that Caterer has access to the Venue at least three (3) hours before guest arrival, or longer if Caterer reasonably requests, and for one and one-half (1.5) hours after service for breakdown; that the Venue provides a suitable preparation area, potable water, adequate power, space for Caterer’s equipment and waste disposal; and that the Venue has consented to outside catering. Client shall give Caterer the Venue’s catering requirements and contact at least thirty (30) days before the Event Date, shall arrange vendor meals as Client directs, and is responsible for any Venue kitchen or cleaning fees unless Caterer has agreed to include them.
8. Alcohol
Alcohol service at the Event: [Alcohol service]. Where Caterer serves alcohol, it does so under its licence and liquor liability insurance; its staff shall check identification, may refuse service to anyone who appears intoxicated or under twenty-one (21), and may end service early for safety. Where Client or a third party provides or serves alcohol, Client is responsible for licensing compliance and guest conduct and shall indemnify Caterer against claims arising from alcohol Caterer did not provide. Caterer’s staff shall not serve alcohol Client provides unless the option above says so and state law permits it.
9. Leftovers, Equipment and Damage
Caterer shall determine, in accordance with food safety practice, whether leftover food may be packaged for Client; food held on a buffet or at unsafe temperatures will be discarded, and any food Client takes is consumed at Client’s risk. Client is responsible for loss of or damage to Caterer’s or rented equipment caused by Client or guests, at replacement cost, and Caterer is responsible for damage to the Venue caused by its staff. Caterer shall leave the kitchen and service areas clean and remove its equipment and waste, but is not responsible for general Venue cleaning or décor removal.
10. Cancellation and Postponement
Client may cancel the Event by written notice. The following cancellation charges apply, which the Parties agree are a reasonable estimate of Caterer’s loss and not a penalty: if notice is received more than ninety (90) days before the Event Date, the Deposit is forfeited; if notice is received ninety (90) days or fewer but more than thirty (30) days before, Client owes fifty percent (50%) of the estimated total charges based on the estimated guest count; if notice is received thirty (30) days or fewer before, Client owes one hundred percent (100%) of the charges based on the Final Count or, if none, the estimated guest count. Amounts already paid are credited.
If the Event cannot be held on the Event Date because of an event beyond the reasonable control of both Parties, including severe weather, natural disaster, epidemic, government order or closure of the Venue, the Parties shall reschedule to a date within twelve (12) months on which Caterer is available, with all payments carried over and pricing adjusted for any documented increase in Caterer’s costs. If no date can be agreed within sixty (60) days, either Party may terminate and Caterer shall refund amounts paid less its documented non-recoverable costs. Client may postpone once for any other reason on at least sixty (60) days’ notice to an available date within twelve (12) months, for a rescheduling fee of ten percent (10%) of the estimated charges.
11. Cancellation by Caterer; Liability
If Caterer is unable to perform, Caterer shall use reasonable efforts to arrange a substitute caterer of comparable quality at no additional cost to Client and, if none is arranged, shall refund all amounts paid, which is Client’s sole remedy. Caterer carries general liability and, where it serves alcohol, liquor liability insurance, and shall provide certificates on request. Caterer’s total liability under this Contract shall not exceed the amounts paid by Client, and neither Party is liable for indirect or consequential damages. Client shall indemnify Caterer against claims by guests or third parties arising from the conduct of Client or Client’s guests.
12. General
This Contract is governed by the laws of the State of [Governing law (state)]. It is the entire agreement between the Parties about catering for the Event and supersedes all prior proposals and menus. It may be amended only in a writing signed by both Parties, which may be by email. If any provision is held unenforceable, the rest remains in effect. Caterer is an independent contractor. Neither Party may assign this Contract without the other’s written consent. The prevailing Party in any dispute arising out of this Contract is entitled to reasonable attorney fees and costs.
This Contract may be signed electronically and in counterparts, and the electronic execution record, timestamps and document fingerprints kept by the signing platform are conclusive evidence of its execution.
Signatures
Caterer · Client