Printable Bakery Catering Agreement
Printable Bakery Catering Agreement
I. The Parties
This Bakery Catering Agreement ("Agreement") is made and entered into on [Month Day, Year] by and between [Your Company Name] hereinafter referred to as the ("Caterer") with a primary place of business at [Your Company Address] and [Client's Name] hereinafter referred to as the ("Client") residing at [Client's Address]. The Caterer and Client may collectively be referred to as the ("Parties") or individually as a ("Party").
WHEREAS, the Client desires to obtain catering services from the Caterer for a specific event;
WHEREAS, the Caterer is engaged in the business of providing catering services and agrees to provide such services to the Client under the terms and conditions set forth in this Agreement;
WHEREAS, the Parties wish to establish the terms under which the Caterer will supply catering services to the Client;
NOW THEREFORE, in consideration of the mutual promises contained herein, the Parties agree as follows:
II. Scope of Services
A. Description of Services
-
Bakery Products and Beverages: The Caterer agrees to provide a selection of bakery products, including bread, pastries, cakes, and other baked goods, along with beverage options as per the Client's request. These products will be freshly prepared to meet the specific tastes and preferences of the Client.
-
Customization and Personalization: The Caterer will customize and personalize bakery items as needed, ensuring that the offerings align with the event's theme and Client's specifications. This includes designing cakes or pastries with specific themes, colors, or inscriptions as directed by the Client.
-
Additional Services: The Caterer will provide additional services, such as table setup, serving staff, and post-event cleanup, as agreed upon in the service order. These services will be executed in a manner that enhances the event experience and meets the Client's standards.
-
Compliance with Health Standards: All food handling and preparation will adhere to local and national health and safety regulations. The Caterer will ensure that all staff are trained in safe food handling practices to guarantee the well-being of the event's attendees.
-
Professional Quality Assurance: The Caterer is committed to delivering all services with the utmost professionalism, ensuring high quality and a workmanlike manner throughout the event.
B. Equipment and Supplies
-
Provision of Equipment: The Caterer will provide all necessary equipment and supplies, including tables, chairs, serving utensils, and decorative items required for the event. This ensures a seamless setup that matches the event's requirements.
-
Client-Provided Equipment: If the Client chooses to provide their own equipment, it must be approved by the Caterer in advance to ensure compatibility and safety during the event. The Caterer will coordinate with the Client to assess the suitability of such equipment.
-
Setup and Breakdown: The Caterer is responsible for the setup and breakdown of all equipment they provide, ensuring timely and efficient service. This includes the arrangement and disassembly of tables, displays, and other items used during the event.
-
Equipment Condition: The Caterer guarantees that all equipment provided is in good working condition and regularly maintained to avoid any operational issues during the event.
C. Menu Selection
-
Consultation and Planning: The Caterer will consult with the Client to develop a customized menu that reflects their preferences and dietary requirements. This process involves selecting from a diverse range of bakery and beverage options.
-
Dietary Restrictions: The Caterer will accommodate dietary restrictions and special requests, including gluten-free, vegan, and nut-free options. The Client must communicate these requirements at least seven days prior to the event.
-
Final Menu Approval: The final menu selection will be submitted to the Client for approval no later than [10] days before the event date. Any last-minute changes are subject to availability and may incur additional costs.
III. Payment Terms
A. Fees and Charges
-
Comprehensive Cost: The total cost for the catering services, including all food, beverages, equipment, and labor, is [$3,000]. This fee covers all agreed-upon services and items listed in the final menu and equipment list.
-
Deposit Requirement: A [50]% deposit, amounting to [$1,500], is required upon signing this Agreement to secure the event date and initiate preparations. This deposit is non-refundable and ensures the allocation of resources for the event.
-
Final Payment: The remaining balance of [$1,500] is due no later than [7] days prior to the event date. Timely payment ensures the continuation of service preparations and guarantees the availability of selected items.
-
Additional Charges: Any changes to the order requested by the Client after confirmation may incur additional charges. The Caterer will provide a revised estimate for approval before implementing any changes.
-
Late Payment Fees: Late payments may incur a fee of [5]% of the outstanding balance per day. This fee covers any additional administrative costs and potential disruptions caused by the delay.
B. Payment Method
-
Accepted Payment Methods: Payments can be made via credit card, bank transfer, or check. The Caterer will provide the necessary details for each payment method upon request.
-
Payment Confirmation: The Caterer will confirm receipt of all payments within [3] business days. Clients are encouraged to retain payment receipts for their records and as proof of transaction.
-
Dispute of Charges: Any disputes regarding charges must be raised in writing within [5] days of receipt of the invoice. The Caterer will review and address disputes promptly, ensuring transparency and resolution.
IV. Delivery Arrangements
A. Delivery Time and Location
-
Timely Delivery: The Caterer will deliver the ordered items to the event location, [Event Location], at least [2] hours before the event start time. This allows ample time for setup and addressing any unforeseen issues.
-
Accurate Delivery Details: The Client must provide accurate delivery instructions, including venue address, access points, and any specific directions to reach the event location. This ensures efficient and timely delivery without unnecessary delays.
-
Access to Venue: The Client is responsible for ensuring that the event location is accessible to the Caterer at the agreed delivery time. Any restrictions or requirements for access should be communicated in advance to prevent disruptions.
B. Setup and Cleanup
-
Comprehensive Setup: The Caterer will manage the setup of all bakery and catering items at the event location, including arranging tables, setting up displays, and organizing serving areas. This setup will be completed according to the Client's preferences and event layout.
-
Inclusive Cleanup: Cleanup services are included in the total cost, and the Caterer will remove all equipment, decorations, and trash after the event concludes. This ensures the venue is left in a clean and orderly condition, complying with any venue-specific requirements.
-
Timeliness of Services: The Caterer will complete all setup and cleanup tasks within the agreed-upon timeframe, minimizing disruptions to the event schedule and ensuring a smooth transition from setup to service.
V. Changes and Cancellations
A. Change Policy
-
Advance Notice for Changes: Any changes to the order must be communicated to the Caterer no later than [7] days before the event date. This allows adequate time for adjustments and ensures the availability of requested items.
-
Charges for Last-Minute Changes: Changes requested within [7] days of the event may incur additional charges, as these may require expedited sourcing or adjustments to the existing preparations.
-
Price Adjustments: The Caterer reserves the right to adjust the price based on the nature of the changes requested. Any modifications that significantly alter the scope of the event may lead to a revised agreement.
B. Cancellation Policy
-
Full Refund Eligibility: Cancellations made more than [14] days before the event date are eligible for a full refund of the deposit, excluding any non-refundable expenses already incurred by the Caterer.
-
Partial Refund Conditions: Cancellations made between [7] and [14] days before the event date will result in a [50]% refund of the deposit. This policy accounts for preparations already underway and potential losses incurred by the Caterer.
-
No Refund for Last-Minute Cancellations: No refunds will be issued for cancellations made within [7] days of the event date. The Caterer will have already allocated resources and incurred costs that cannot be recouped on short notice.
VI. Responsibilities of Client
A. Venue Provisions
-
Venue Compliance: The Client is responsible for ensuring the venue meets all necessary requirements for the catering services, including access to utilities, adequate space, and necessary permits.
-
Access for Caterer: The Client must provide adequate access for delivery, setup, and cleanup at the venue. This includes coordinating with venue staff to ensure smooth operations on the event day.
-
Venue Fees and Permits: The Client is responsible for any fees associated with the venue, including permits and site-specific requirements. This includes obtaining any necessary permissions for the Caterer's operations.
-
Notification of Restrictions: The Client must notify the Caterer of any restrictions or guidelines provided by the venue, such as noise limits, decor restrictions, or parking regulations.
B. Event Coordination
-
Designated Contact Person: The Client must designate a point of contact for the event who will be on-site during setup and the event itself. This person will serve as the primary liaison between the Caterer and the Client.
-
Provision of Event Schedule: The Client is responsible for providing the Caterer with a detailed event schedule and any special instructions, including timelines for setup, service, and cleanup.
-
Guest and Vendor Management: The Client will ensure that guests and other vendors respect the Caterer's setup and service areas. This includes coordinating with other service providers to prevent overlaps or disruptions.
VII. Liability and Insurance
A. Caterer's Liability
-
Insurance Coverage: The Caterer shall maintain appropriate liability insurance coverage for their services, ensuring protection against potential claims and liabilities arising from the event.
-
Responsibility for Damages: The Caterer is responsible for any damages directly caused by their staff or equipment during the event. This includes promptly addressing any issues and making necessary repairs or replacements.
-
Communication of Dietary Needs: Any food allergies or special dietary needs must be communicated to the Caterer seven days prior to the event. The Caterer will make reasonable efforts to accommodate these needs while ensuring the safety and satisfaction of all attendees.
B. Client's Liability
-
Venue Damage Responsibility: The Client assumes full responsibility for any damage to the venue caused by their guests or other vendors during the event. This includes reimbursing the venue or Caterer for any necessary repairs or cleaning.
-
Caterer Equipment Loss or Damage: The Client is responsible for any loss or damage to the Caterer's equipment due to negligence or improper use by their guests. The Client agrees to cover any costs associated with replacing or repairing damaged items.
VIII. Indemnification
A. By Caterer
-
Indemnification of Client: The Caterer agrees to indemnify and hold harmless the Client from any claims, damages, or liabilities arising from the Caterer's services. This includes covering any legal fees or expenses related to such claims.
-
Coverage for Property Damage: This indemnification includes claims related to property damage and personal injury caused by the Caterer's staff or services. The Caterer will take immediate action to address any incidents and mitigate further risks.
-
Risk Mitigation Measures: The Caterer will implement appropriate measures to mitigate any risks associated with their services, ensuring the safety and satisfaction of all attendees.
B. By Client
-
Indemnification of Caterer: The Client agrees to indemnify and hold harmless the Caterer from any claims, damages, or liabilities arising from the event venue or actions of the guests. This includes covering any legal fees or expenses related to such claims.
-
Coverage for Guest-Related Incidents: This indemnification includes claims related to property damage and personal injury caused by the Client's guests or other vendors. The Client will cooperate with the Caterer to resolve any issues that arise.
IX. Dispute Resolution
A. Mediation
-
Initial Mediation Requirement: In the event of a dispute, the Parties agree to first attempt to resolve it through mediation. This process involves a neutral third party who will facilitate negotiations and help the Parties reach a mutually agreeable solution.
-
Mediator Selection and Costs: The mediator will be selected jointly by the Parties, and the costs will be shared equally. This ensures an impartial mediation process and encourages cooperative problem-solving.
-
Non-Binding Mediation: Mediation is non-binding, meaning the Parties are not obligated to accept the mediator's recommendations. However, they are encouraged to use mediation as a means to avoid costly and time-consuming litigation.
B. Arbitration
-
Binding Arbitration Clause: If mediation is unsuccessful, the dispute will be resolved through binding arbitration. The arbitrator's decision will be final and binding on all Parties involved, providing a definitive resolution to the dispute.
-
Arbitration Location: The arbitration will take place in the state where the Caterer's primary place of business is located. This ensures consistency with local laws and regulations governing the arbitration process.
-
Arbitrator Selection and Costs: The arbitrator will be selected by mutual agreement of the Parties, and the costs will be shared equally. The Parties will have the opportunity to present their case and evidence during the arbitration process.
X. Miscellaneous
A. Governing Law
-
Jurisdiction and Venue: This Agreement shall be governed by and construed in accordance with the laws of the state where the Caterer's primary place of business is located. Any legal actions arising from this Agreement must be filed in the appropriate jurisdiction within that state.
-
Compliance with Local Laws: Both Parties agree to comply with all applicable local, state, and federal laws and regulations in the performance of their obligations under this Agreement.
B. Entire Agreement
-
Supersession of Prior Agreements: This Agreement constitutes the entire agreement between the Parties and supersedes all prior agreements and understandings, whether written or oral. Any previous agreements or negotiations are considered null and void.
-
Amendment Process: No modifications or amendments to this Agreement will be effective unless in writing and signed by both Parties. Any changes must be documented and mutually agreed upon to ensure clarity and enforceability.
C. Severability
-
Partial Invalidity: If any provision of this Agreement is found to be invalid or unenforceable by a court of competent jurisdiction, the remaining provisions shall remain in full force and effect. The invalidity of one part does not affect the validity of the entire Agreement.
-
Replacement of Invalid Provisions: The Parties shall negotiate in good faith to replace the invalid or unenforceable provision with a valid one that closely approximates the original intent of the Parties. This ensures the continued effectiveness and integrity of the Agreement.
D. Notices
-
Written Notice Requirement: All notices required or permitted under this Agreement shall be in writing and deemed duly given if delivered personally, sent by registered or certified mail, or sent via recognized courier service to the addresses specified herein.
-
Notification of Address Changes: Both Parties shall promptly notify each other of any change in their contact information, including addresses, phone numbers, and email addresses, to ensure effective communication throughout the Agreement.
XI. Signatures
IN WITNESS WHEREOF, the Parties hereto have executed this Agreement as of the day and year first above written.
Caterer
[Authorized Representative Name]
[Your Company Name]
Date: [Month Day, Year]
Client
[Client's Name]
Date: [Month Day, Year]