Restaurant Payment Agreement

Restaurant Payment Agreement

This Restaurant Payment Agreement ("Agreement") is made and entered into as of [Effective Date], by and between [Your Company Name], a [type of entity] organized and existing under the laws of [State/Country], with its principal place of business located at [Your Company Address] (hereinafter referred to as "Company"), and [Customer Name], an individual/entity with a principal place of business located at [Customer Address] (hereinafter referred to as "Customer").

Recitals

WHEREAS, the Company operates a restaurant and offers various goods and services to its customers;

WHEREAS, the Customer desires to purchase certain goods and services from the Company, and the Company agrees to provide such goods and services under the terms and conditions set forth in this Agreement;

NOW, THEREFORE, in consideration of the mutual covenants and agreements contained herein, the parties hereto agree as follows:

Article I: Purchase of Goods and Services

1.1 Description of Goods and Services

The Customer agrees to purchase and the Company agrees to provide the following goods and services (collectively, the "Services"):

  • Catering services for events.

  • Food and beverage packages.

  • Rental of restaurant facilities for private events.

  • Additional services as mutually agreed upon in writing.

1.2 Scope of Services

The scope of the Services shall be detailed in a written proposal provided by the Company to the Customer. The proposal shall include descriptions of the goods and services, quantities, prices, and any additional terms and conditions specific to the Services.

Article II: Payment Terms

2.1 Total Payment Amount

The total payment amount for the Services (the "Total Payment Amount") shall be [Total Amount], as detailed in the proposal provided by the Company.

2.2 Down Payment

Upon signing this Agreement, the Customer shall pay a down payment equal to 30% of the Total Payment Amount (the "Down Payment"). The Down Payment shall be [Down Payment Amount], payable within five (5) business days from the Effective Date of this Agreement.

2.3 Payment Schedule

The remaining balance of the Total Payment Amount shall be paid according to the following schedule:

  • Second Payment: 30% of the Total Payment Amount, due thirty (30) days prior to the scheduled date of the event or service commencement.

  • Final Payment: 40% of the Total Payment Amount, due on the date of the event or service commencement.

2.4 Methods of Payment

Payments shall be made in the following manner:

  • Credit/Debit Card: Visa, MasterCard, American Express, Discover.

  • Bank Transfer: Details provided upon request.

  • Check: Made payable to [Your Company Name].

Article III: Late Payments and Default

3.1 Late Payments

If any payment due under this Agreement is not received by the Company within five (5) business days of the due date, the Customer shall be charged a late fee equal to 5% of the overdue amount. Additionally, the Company reserves the right to suspend the Services until payment is received.

3.2 Default

In the event the Customer fails to make any payment due under this Agreement within fifteen (15) days of the due date, the Company may terminate this Agreement by providing written notice to the Customer. Upon termination for non-payment, the Customer shall remain liable for any amounts due and payable under this Agreement.

Article IV: Refunds and Cancellations

4.1 Refund Policy

Refunds for cancellations made by the Customer shall be subject to the following conditions:

  • Cancellations made more than sixty (60) days prior to the event or service date: Full refund of any payments made, excluding the Down Payment.

  • Cancellations made between thirty (30) and sixty (60) days prior to the event or service date: 50% refund of any payments made, excluding the Down Payment.

  • Cancellations made less than thirty (30) days prior to the event or service date: No refund.

4.2 Force Majeure

If the event or service is cancelled by the Company due to unforeseen circumstances beyond the control of the parties (force majeure), such as natural disasters, government restrictions, or other emergencies, the Company shall refund any payments made by the Customer, including the Down Payment.

Article V: Obligations of the Parties

5.1 Obligations of the Company

The Company agrees to:

  • Provide the goods and services as described in the proposal.

  • Ensure that all services are performed in a professional and timely manner.

  • Communicate any changes or issues related to the Services promptly to the Customer.

5.2 Obligations of the Customer

The Customer agrees to:

  • Provide accurate and complete information necessary for the Company to perform the Services.

  • Make all payments due under this Agreement on time.

  • Communicate any changes or special requests regarding the Services promptly to the Company.

Article VI: Confidentiality

6.1 Confidential Information

Both parties agree to keep confidential any non-public information disclosed during the term of this Agreement, including but not limited to business operations, pricing, and customer data. Confidential information shall not be disclosed to any third party without the prior written consent of the disclosing party.

6.2 Exceptions

Confidential information does not include information that:

  • Is or becomes publicly available through no fault of the receiving party.

  • Is already known to the receiving party at the time of disclosure.

  • Is independently developed by the receiving party without the use of the disclosing party’s confidential information.

  • Is required to be disclosed by law or by a governmental authority.

Article VII: Term and Termination

7.1 Term

This Agreement shall commence on the Effective Date and shall continue until the completion of the Services, unless terminated earlier in accordance with the provisions of this Agreement.

7.2 Termination for Convenience

Either party may terminate this Agreement for convenience by providing thirty (30) days written notice to the other party. In the event of such termination, the Company shall refund any payments made by the Customer, excluding the Down Payment, and the Customer shall pay for any Services rendered up to the date of termination.

7.3 Termination for Cause

Either party may terminate this Agreement for cause if the other party fails to fulfill a material obligation under this Agreement, provided that the terminating party gives the other party written notice specifying the breach and a reasonable opportunity to cure it. If the breach is not cured within fifteen (15) days, the terminating party may terminate this Agreement by giving written notice to the other party.

Article VIII: Miscellaneous

8.1 Notices

All notices and other communications required or permitted under this Agreement shall be in writing and shall be deemed to have been duly given when delivered personally or sent by certified mail, return receipt requested, or by a nationally recognized overnight courier, to the other party at its address set forth above.

8.2 Amendment

No amendment or modification of this Agreement shall be valid unless made in writing and signed by both parties.

8.3 Governing Law

This Agreement shall be governed by and construed in accordance with the laws of the State of [State/Country], without regard to its conflict of laws principles.

8.4 Entire Agreement

This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior and contemporaneous agreements, whether oral or written.

8.5 Severability

If any provision of this Agreement is found to be invalid or unenforceable, the remaining provisions shall continue in full force and effect.

8.6 Assignment

Neither party may assign this Agreement without the prior written consent of the other party, except that the Company may assign this Agreement to a successor entity in the event of a sale or transfer of the Restaurant.

8.7 Waiver

The waiver by either party of any breach of this Agreement shall not operate as a waiver of any subsequent breach.

IN WITNESS WHEREOF, the parties hereto have executed this Restaurant Payment Agreement as of the Effective Date.

[Your Company Name]

[Your Company Address]

[Your Name]

[Customer Name]

[Customer Address]

[Customer Name]

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