Signed in as:
Signed in as:
CATERING SERVICES AGREEMENT
1. Scope of Services.
a. Services and Event Details. The Company shall provide and serve food, beverages, and related services (collectively, the “Services”) for the event described in Exhibit A (the “Event”).
b. Menu to Be Served. The Company shall provide the food and beverages designated in Exhibit B.
c. No Alcohol. The Company will not serve alcoholic beverages.
d. Additional Services. The Customer shall pay for any and all additional services requested by the Customer not included as Services in this Agreement. Any additional services the Customer requests shall be made in accordance with the notice provisions in Section 11.
2. Quality of Services. The Company shall perform the Services in a professional and workmanlike manner with reasonable skill and care. The Company shall comply with all applicable statutes, ordinances, regulations, and laws in performing the Services under this Agreement.
a. Per Person Cost. The Customer shall pay the Company per person attending the Event (the "Per Person Cost").
b. Deposit. The Customer shall pay the Company on the Effective Date to reserve the Services of the Company. (the “Deposit”). The Deposit will only be refundable according to the terms of Section 6 of this Agreement.
c. Final Guest Count. The Customer shall notify the Company 10 days prior to the Event as to how many individuals will be attending the Event (the “Final Guest Count”).We cannot accommodate changes to final guest count within 7 days of the event.
d. Remaining Balance. The Customer shall pay the Company the Per Person Cost multiplied by the number of guests actually attending the Event or the Minimum Charge, whichever is greater, minus the Deposit, no later than at the end of the Event.
e. Additional Guests. If the number of guests is increased beyond the Final Guest Count provided to the Company under Section 3.c. above, the Customer shall pay the Company the additional amount for each additional individual not accounted for in the Final Guest Count at the time of the Event.
f. Additional Equipment. If the Customer requests that the Company provide food truck or smoker service at an event, the Company will require the Customer to pay a minimum for this additional service.
g. Methods of Payment. Acceptable methods of payment include, cash, checks and credit cards. Payments with credit cards will have a 3% service fee
h. Insufficient Funds. If a payment fails to be processed due to insufficient funds, there will be a $35.00 fee imposed on the customer.
4. Term. This Agreement will begin on the Effective Date and end when clean-up is completed after the Event and all sums have been paid, unless terminated sooner in accordance with the terms of this Agreement.
5. Customer Responsibilities.
a. Time is of the Essence. The Customer agrees to perform all of the Customer’s duties and responsibilities under this Agreement without reasonable delay. Any material defaults by the Customer of the Customer’s responsibilities shall constitute a material breach of this Agreement.
b. Venue Arrangements. The Customer shall make all necessary arrangements, at the Customer’s expense, to secure the facility or venue identified in Exhibit A (the “Venue”) and shall notify the Company at the earliest reasonable date and no later than 10 days before the Event that the Venue has been secured for the Event. The Customer shall make all necessary arrangements, at the Customer’s expense, to provide the Company access to the Venue no later than agreed upon number of hours in advance to the start of the Event and agreed upon number of hours after the Event ends for clean-up.
c. Venue Costs. The Customer shall be responsible for all costs that pertain to the use of the Venue for the Event. The Customer shall be responsible for payment of any additional charges imposed by the Venue. The Customer shall be responsible for all in-house labor or equipment required by the Venue.
d. Replacement of Venue Property. The Customer is responsible for the cost of replacement of any Venue property or Venue items lost, stolen, damaged, or destroyed by the Customer, its employees, guests, invitees, or agents.
e. Repair of Company Property. If the Customer, or Customer’s employee, guest, invitee, or agent is responsible for damage to the Company’s property, the Customer will pay for all repair costs of equipment damaged.
f. Event Activities. The Customer is responsible for the activities that take place at the Event and for the conduct of its employees, guests, invitees, or agents at the Event.
g. Vendor Events. If the Company enters into an agreement with an organization to provide vendor services at a fee to the Company, the Company is entitled to reimbursement for preparation costs, and service costs incurred by the Company, if the claims by the organization were fraudulent.
a. By Either Party More than 30 Days Before the Event. If either party terminates this Agreement or cancels the Event for any or no reason at least 30 days prior to the Event, the Company shall return the Deposit to the Customer in full (less $250.00) within 30 days.
b. By the Customer Between 30 and 10 Days Before the Event. If the Customer terminates this Agreement or cancels the Event for any or no reason less than 30 days but more than 10 days before the Event, the Customer shall forfeit the Deposit paid to the Company.
c. By the Customer at or Within 10 Days of the Event. If the Customer terminates this Agreement or cancels the Event at or within 10 days of the Event, the Customer shall pay the Company the Per Person Cost multiplied by the estimated number of guests provided in Exhibit A or Final Guest Count, if received, whichever is higher, minus the Deposit. If the cancellation is due to testing positive for COVID-19 and/or possible exposure, the Company shall make a reasonable effort to reschedule the event and will transfer any monies paid to Company to the invoice for the new date. If a new date cannot be accommodated by both parties, the deposit will be retained by the Company.
d. By the Customer at or Within 7 Days of the Event. If the customer terminates this Agreement or cancels the Event at or within 7 days of the Event, due to a COVID illness or exposure, the Customer shall pay the Company any hard costs incurred in food, labor and supplies, in preparation for the event. The Company shall make a reasonable effort to reschedule the event and will transfer any monies paid to Company to the invoice for the new date. If a new date cannot be accommodated by both parties, the deposit will be retained by the Company and in good faith, all other monies will be returned to the Customer.
d. By the Company Due to Default of the Customer. The Company is entitled to immediately terminate this Agreement and keep any compensation paid by the Customer to the Company if the Customer defaults on any of the Customer’s responsibilities under this Agreement.
e. By the Company Due to Unreasonable Danger. The Company is entitled to terminate all services during the Event and keep any compensation paid by the Customer to the Company if the Company’s employees, contractors, or agents reasonably believe they are threatened or if any activities that may arise during the Event would place them in risk of any unreasonable danger or harm.
f. Mechanical Failure.
i. If the Company is unable to perform services due to mechanical issues with Company’s equipment or property, the Company can terminate the event. If in the event that payment has already been rendered the Company will provide a full refund of the amount paid.
ii. If the Company is unable to perform services due to mechanical issues with Customer’s equipment or property, the Company may terminate. If payment has already been rendered the Company retains the full deposit.
7. Indemnification. The Customer shall indemnify, defend, and hold harmless the Company and its members, officers, employees and contractors against all damages, liabilities, claims, and expenses including without limitation attorneys’ fees, judgments, penalties, fines, expenses, court costs, and amounts paid in settlement, arising out of or in any way related to this Agreement or the performance of services under this Agreement. All indemnifiable expenses of the Company and the individuals entitled to indemnification under this section will be paid by the Customer as expenses are incurred and within 30 days of submission of the expense to the Customer.
8. Force Majeure. The Company shall not be liable for delay or failure in the performance of its obligations under this Agreement, except for the payment of money, if such delay or failure is caused by conditions beyond its reasonable control, including but not limited to, fire, flood, inclement weather, accident, earthquakes, telecommunications line failures, electrical outages, network failures, acts of God, terrorism, civil commotion, labor disputes or a pandemic. The Company shall use reasonable efforts to notify the Customer of the occurrence of such an event within three business days of its occurrence.
9. Independent Contractor. The Company shall perform the work specified in this Agreement as an independent contractor. The Company maintains its own independent business and uses its own tools and equipment.
10. Limitation of Liability. THE LIABILITY OF THE COMPANY TO THE CUSTOMER FOR ANY TYPE OF DAMAGES IS LIMITED TO THE AMOUNT OF THE COMPANY’S TOTAL COMPENSATION UNDER THIS AGREEMENT.
a. Form of Notice. All notices under this Agreement are to be given in writing.
b. Method of Notice. All notices are to be given: (i) personally; (ii) by an overnight courier; (iii) by facsimile; or (iv) electronic mail (with confirmation of delivery).
c. Receipt of Notice. All notices are deemed effective upon (i) receipt by the party to which notice is given, or (ii) on the second day following mailing, whichever occurs first.
12. Assignment and Delegation. This Agreement cannot be assigned or delegated by the Customer or its representatives. Any purported assignment or delegation of this Agreement is void.
13. Amendment. This Agreement may be amended only by an agreement in writing.
14. Waiver. The waiver by either party of a breach of any of the provisions of this Agreement will not operate or be construed as a waiver of any other provision of this Agreement or a waiver of any subsequent breach of the same provision.
15. Merger. This Agreement states the full agreement between the Company and the Customer with respect to its subject matter and supersedes all prior negotiations and agreements.
16. Counterparts. This Agreement may be executed in one or more counterparts, each of which is an original, and all of which constitute only one agreement between the parties.
17. Severability. If any portion of this Agreement is illegal or unenforceable, that provision is severed from this Agreement and the other provisions remain in force.
18. Governing Law and Venue. This Agreement is to be governed by the laws of Ohio, without regard to its conflict of law principles. Any claim or dispute between the parties will be resolved by a court located in Hamilton County, Ohio.
19. Shortages/Market Prices. While food costs and inventory continue to fluctuate, our business has the right to substitute a menu item for a similar item if menu item(s) are no longer in stock. Furthermore, menu item prices are subject to change until invoice has been paid in full.
Sweets & Meats BBQ
2249 Beechmont Avenue, Cincinnati, Ohio 45230, United States
Copyright © 2023 Sweets & Meats BBQ - All Rights Reserved.
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