Cafe Contract Agreement

This Cafe Contract Agreement ("Agreement") is made and entered into as of [Month Day, Year] ("Effective Date"), by and between:

[Your Company Name]

[Your Company Address]

[Your Company Email]

[Your Company Number]

AND

[Your Partner Company Name / Second Party]

[Your Partner Company Name / Second Party Email]

[Your Partner Company Name / Second Party Address]

[Your Partner Company Name / Second Party Number]

WHEREAS, [Your Company Name] ("Cafe") is a duly established business engaged in the operation of a cafe; and

WHEREAS, [Your Partner Company Name / Second Party] ("Customer/Client") desires to engage the Cafe for the provision of certain services, subject to the terms and conditions set forth in this Agreement;

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

1. Definitions

1.1 "Agreement" means this Cafe Contract Agreement, including any amendments or schedules attached hereto.

1.2 "Services" refers to the cafe services and related activities as described in Section 2 of this Agreement.

1.3 "Premises" means the physical location where the Cafe operates, situated at [Your Company Address].

1.4 "Term" means the duration of this Agreement as specified in Section 3.

1.5 "Confidential Information" means any information that is proprietary or confidential which is disclosed by one party to the other in connection with this Agreement.

2. Services

2.1 Provision of Services

The Cafe agrees to provide the following services to the Customer:

Preparation and serving of food and beverages.
Hosting of private events and gatherings.
Catering services for off-site events.
Provision of take-out and delivery services.

2.2 Quality Standards

The Cafe will provide services in a professional manner, ensuring that all food and beverages meet high-quality standards, complying with all applicable health and safety regulations.

2.3 Menu and Pricing

The menu offerings and pricing are subject to change at the sole discretion of the Cafe. The Customer will be informed of any significant changes in advance.

2.4 Special Requests

The Cafe will make reasonable efforts to accommodate special requests or dietary requirements provided by the Customer, subject to availability and feasibility.

3. Term and Termination

3.1 Term

This Agreement shall commence on the Effective Date and continue for a period of [one year] ("Initial Term"), unless earlier terminated in accordance with this Agreement. The Agreement may be renewed for additional periods upon mutual written agreement of the parties.

3.2 Termination for Convenience

Either party may terminate this Agreement for any reason by providing [thirty (30)] days' written notice to the other party.

3.3 Termination for Cause

Either party may terminate this Agreement immediately upon written notice if the other party:

Breaches any material term of this Agreement and fails to cure such breach within [fifteen (15)] days after receipt of written notice of the breach.
Becomes insolvent or unable to pay its debts as they mature, or files for bankruptcy.

3.4 Effect of Termination

Upon termination of this Agreement:

The Customer shall pay for all services rendered up to the effective date of termination.
Any provisions of this Agreement which by their nature should survive termination shall so survive.

4. Payment Terms

4.1 Fees

The Customer agrees to pay the Cafe for the services provided in accordance with the pricing schedule attached hereto as Exhibit A.

4.2 Invoicing and Payment

The Cafe will invoice the Customer on a [monthly] basis. Payments are due [thirty (30)] days from the date of the invoice. Late payments will incur interest at the rate of [1.5]% per month.

4.3 Taxes

All prices and fees are exclusive of any applicable taxes, which the Customer shall pay in addition to the amounts due.

4.4 Disputed Charges

If the Customer disputes any portion of an invoice, the Customer must notify the Cafe in writing within [fifteen (15)] days of receipt of the invoice. The parties will work together in good faith to resolve the dispute promptly.

5. Confidentiality

5.1 Confidential Information

Both parties agree to maintain the confidentiality of all Confidential Information disclosed under this Agreement. Confidential Information shall not be used for any purpose other than as necessary to perform obligations under this Agreement.

5.2 Exclusions

Confidential Information does not include information that:

Is or becomes publicly known through no breach of this Agreement.
Is received from a third party without breach of any obligation of confidentiality.
Is independently developed without use of the Confidential Information.

5.3 Return of Confidential Information

Upon termination of this Agreement, each party shall return or destroy all Confidential Information of the other party.

6. Representations and Warranties

6.1 Mutual Representations

Each party represents and warrants that:

It has the full power and authority to enter into and perform its obligations under this Agreement.
The execution and performance of this Agreement does not violate any other agreement to which it is a party.

6.2 Cafe Representations

The Cafe represents and warrants that:

It will perform the services in a professional manner and in accordance with applicable laws and regulations.
It has obtained all necessary licenses, permits, and approvals required to operate the Cafe and provide the services.

6.3 Customer Representations

The Customer represents and warrants that:

It will comply with all applicable laws and regulations in connection with the use of the Cafe's services.
It will provide accurate and complete information as necessary for the Cafe to perform the services.

7. Limitation of Liability

7.1 Exclusion of Consequential Damages

To the maximum extent permitted by law, neither party shall be liable to the other for any indirect, incidental, consequential, special, or punitive damages arising out of or relating to this Agreement, even if advised of the possibility of such damages.

7.2 Cap on Liability

Except for liability arising from gross negligence or willful misconduct, the total liability of either party under this Agreement shall not exceed the total amount paid by the Customer to the Cafe under this Agreement.

8. Indemnification

8.1 Indemnification by Cafe

The Cafe agrees to indemnify, defend, and hold harmless the Customer from and against any claims, liabilities, damages, and expenses arising out of the Cafe's gross negligence, willful misconduct, or breach of this Agreement.

8.2 Indemnification by Customer

The Customer agrees to indemnify, defend, and hold harmless the Cafe from and against any claims, liabilities, damages, and expenses arising out of the Customer's use of the services, except to the extent caused by the Cafe's gross negligence or willful misconduct.

9. Force Majeure

Neither party shall be liable for any failure or delay in performing its obligations under this Agreement if such failure or delay is due to causes beyond its reasonable control, including but not limited to acts of God, war, strikes, or governmental regulations.

10. Dispute Resolution

10.1 Good Faith Negotiations

In the event of any dispute arising out of or relating to this Agreement, the parties shall first attempt to resolve the dispute through good faith negotiations.

10.2 Mediation

If the dispute cannot be resolved through negotiations, the parties agree to submit the dispute to mediation before pursuing any other legal remedies.

10.3 Governing Law and Venue

This Agreement shall be governed by and construed in accordance with the laws of the state of [State], without regard to its conflict of laws principles. Any legal action or proceeding arising out of or relating to this Agreement shall be brought exclusively in the courts of [County], [Your State].

11. Miscellaneous

11.1 Entire Agreement

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

11.2 Amendments

This Agreement may be amended only by a written instrument signed by both parties.

11.3 Waiver

No waiver of any term or condition of this Agreement shall be deemed to be a waiver of any subsequent breach or default of the same or similar nature.

11.4 Severability

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

11.5 Assignment

Neither party may assign its rights or delegate its obligations under this Agreement without the prior written consent of the other party.

11.6 Notices

All notices required or permitted under this Agreement shall be in writing and shall be deemed to have been duly given if delivered personally, sent by registered or certified mail, return receipt requested, or by a nationally recognized courier service, to the addresses set forth above or to such other address as either party may designate by written notice.

11.7 Independent Contractors

The parties are independent contractors, and nothing in this Agreement shall be construed to create a partnership, joint venture, or agency relationship between the parties.

11.8 Counterparts

This Agreement may be executed in counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument.

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