Catering Agreement

CATERING AGREEMENT

This Catering Agreement is made ________ (the "Effective Date"), between ________, an individual of the following address:

________

hereinafter referred to as (the "Client" which expression shall where the context so admits include its successors-in-title and assigns) of the one part;

AND

________, an individual of the following address:

________

hereinafter referred to as (the "Caterer" which expression shall where the context so admits include its successors-in-title and assigns) of the other part.

BACKGROUND

A. The Caterer is a professional catering service provider who specializes in providing high-quality culinary experiences for a variety of events. The Client is hosting the Event described in this Agreement and requires the Caterer's Catering Services to ensure that the Client's Guests have a comfortable experience.

B. The Caterer has wide catering experience and is dedicated to providing outstanding service, culinary excellence, and attention to detail. For that reason, the Client has agreed to hire the Caterer to provide their professional expertise and ensure the Event is successful.

IN CONSIDERATION of the mutual benefits, promises and obligations outlined in this Agreement, the receipt of which is hereby acknowledged, the Parties hereby agree as follows:

1. EVENT

The Caterer shall provide the Catering Services in relation to the ________ event (the "Event"):

Date of Event: ________

Time: ________ to ________

Location of Event: ________

Number of Guests: maximum of ________ guests

2. CATERING SERVICES

2.1. The Caterer shall provide the following services (the "Catering Services"):

________

2.2. The Caterer shall be hired to provide the Catering Services based on the Caterer's skills and expertise. Therefore, notwithstanding any other provision to the contrary, the Caterer shall not contract, transfer the obligation, or otherwise outsource the provision of the Catering Services without the consent of the Client.

2.3. Notwithstanding 2.1. above, the Caterer has the following obligations:

2.3.1. Menu Planning: The Caterer shall work with the Client to develop a personalized Menu that suits the Client's needs and preferences for the Event.

2.3.2. Food Preparation: As described in the agreed-upon menu, the Caterer shall produce and deliver high-quality and fresh food items.

2.3.3. Service Staff: To ensure efficient service during the Event, the Caterer will supply a professional and well-trained service staff.

2.3.4. Setup and cleanup: The Caterer is responsible for the setup and cleanup of the catering space, which includes tables, linens, dishes, and other essential equipment.

3. MENU

3.1. The menu the Caterer shall serve for the Event shall be as follows (the "Menu"):

________

3.2. If it is not reasonably possible for the Caterer to prepare the specified Menu, the Caterer will propose suitable modifications to the Menu, subject to the Client's approval.

4. OBLIGATIONS OF THE CLIENT

Under this Agreement, the Client shall have the following obligations:

(I). The Client shall provide accurate and timely information about the expected number of Guests, dietary requirements, and any other relevant details required for Menu planning and food preparation.

(II). The Client shall ensure that an appropriate and well-equipped venue is available for the Event and that the Caterer has adequate access to the Venue.

(III). The Client shall make timely payments to the Caterer on the agreed-upon payment terms outlined in the Contract.

(IV). The Client shall provide timely feedback and communicate any changes or concerns regarding the Menu, Venue, or service to the Caterer, allowing for appropriate adjustments.

5. OBLIGATIONS OF THE CATERER

Under this Agreement, the Caterer shall have the following obligations:

(I). The Caterer shall prepare and deliver the Menu, including food and beverages, as specified under this Contract.

(II). The Caterer shall be responsible for providing all essential equipment, including linens and serving utensils, and managing the setup and organization of the dining area.

(III). The Caterer shall deliver the specified Menu to the agreed-upon location within the designated timeframe, ensuring that all preparations are completed in time for the scheduled Event.

(IV). The Caterer shall be responsible for providing servers to aid in food service and ensure the seamless execution of the Event.

6. FEES AND PAYMENT SCHEDULE

6.1. As compensation for all the Catering Services rendered under this Agreement, the Client shall pay a fixed fee in the sum of ₦________ (________).

6.2. Such compensation will be made in cash.

6.3. The Caterer shall charge for expenses incurred in providing the Catering Services, including costs of transportation. All expenses shall be reimbursed upon the agreement of both the Client and the Caterer.

6.4. The Caterer shall be entitled to be reimbursed for all incidental and out-of-pocket expenses reasonably incurred on behalf of the Client, provided that same have been authorized by the Client before being incurred and with the provisions of appropriate receipts.

7. COSTS ADJUSTMENTS

The Client acknowledges that the cost of preparing the meals on the Menu and the prices of ingredients may fluctuate. If the costs fluctuate more than usual, the Parties agree that the Client shall cover the additional costs or the Client changes the Menu.

8. CANCELLATIONS

8.1. In the event of cancellation by the Client, any deposits paid are non-refundable. Cancellations should be made within a reasonable period before the Caterer starts incurring expenses for the Menu preparations. After this period, the Client shall pay ________% of the Caterer's Fees as a cancellation fee.

8.2. The Caterer shall not be held liable for any damages, losses, or injuries incurred during the Event, except in cases of negligence or willful misconduct.

9. EVENT CHANGES

The Client shall notify the Caterer of changes to the number of Guests, Menu, Venue, or other fundamental changes no later than the following period: ________. Any changes made or communicated after that period shall incur an additional charge.

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12. TERMINATION

If the Client fails to pay the Fee, the Caterer shall have the right to rescind the Agreement. If the Caterer fails to provide the Catering Services described in Clause 1 of this Agreement or fails to fulfill the obligations under Clause 5 of this Agreement, the Client shall have the right to terminate the Agreement. Upon termination based on circumstances described in this Clause:

(I). the Caterer shall immediately cease the performance of Catering Services;

(II). the Client shall pay any outstanding Fees and any other outstanding payments;

(III). the Client shall return all materials, and documents, belonging to the Caterer;

(IV). if the Caterer violates any part of this Agreement, the Client shall have the right to rescind the Agreement and be entitled to damages and any injunctive or equitable reliefs.

13. CONFIDENTIALITY OBLIGATIONS

13.1. The Parties acknowledge that under this Agreement, the Caterer may have access to non-public confidential information and may also possess certain information regarding the business operation of the Client. Consequently, the Caterer agrees to maintain the secret nature of such information. The Parties also acknowledge that depending on the circumstance, they may become the disclosing party or receiving party.

13.2. Confidential information includes all information or materials of whatever nature relating to the purpose disclosed by the Parties by sharing of any written material or by any oral or written statement whatsoever which includes but is not limited to documents, techniques, practices, tools, specifications, inventions, patents, trademark, soft wares, drawings, programmes but shall not include the following information or data:

(I) which can be established by written records to be already known to the Caterer or the public at the time of the disclosure;

(II) which enters the public domain through no fault of the Caterer;

(III) is given by the Client to third parties without any restrictions;

(IV) is given to the Caterer by any third party who is in possession of such information and has the legal right to disclose it; or

(V) that is required by law to be disclosed.

14. FORCE MAJEURE

14.1. Neither party shall, before the Expiration or Termination Date, be liable for any failure to fulfill any term of this Agreement if the fulfillment has been delayed, hindered, interfered with, or prevented by force majeure, which in this Agreement, shall mean any circumstances:

(I) which is beyond a Party's control;

(II) which such Party could not have reasonably avoided or overcome; and

(III) which is not attributable to the other Party.

14.2. Without prejudice to the generality of the foregoing, force majeure shall include the following events and circumstances:

(I) war, hostilities, or invasion;

(II) rebellion, terrorism, revolution, insurrection, military or usurped power;

(III) riot, civil disorder, or other acts that may reasonably affect the ability of the Party to fulfill its obligations under this Agreement.

15. INDEMNITY

The Caterer agrees to indemnify and hold the Client harmless against any lawsuit, action, damages, liabilities, the expense of any kind whatsoever, judgment, settlements and any kind of loss that may be incurred as a result of the Caterer's conduct and breach of any term contained in this Agreement, which may include any harm or injury suffered by the Client or any third party due to the Caterer's negligence, misconduct, or mistake.

16. MODIFICATION AND VARIATION

The Parties can modify any part of this Agreement with the express consent of the other Party. If the Parties agree to vary the entire Agreement and a new Agreement is created to regulate the relationship of the Parties, this Agreement shall be terminated. If any part of the modified version of this Agreement becomes invalid or unenforceable, the remaining parts shall be valid.

17. DISPUTE RESOLUTION

The Parties agree to use their best endeavours to negotiate and settle any dispute or difference of opinion between them, arising from or connected with this Agreement amicably through negotiation. If the Parties cannot resolve their disputes within 30 days, the matter shall be referred to mediation. If the Parties cannot resolve their dispute or reach a mutual settlement through mediation, the matter shall be referred to arbitration.

18. MISCELLANEOUS

18.1. Variation: This Agreement may be amended or varied by either of the Parties, and such variation must be agreed to and signed by the Parties to this Agreement. No delay or omission to exercise any right under this Agreement shall be construed as a waiver.

18.2. Notices: All notices under this Agreement may be given orally or in writing. The notices shall either be delivered personally or mailed by certified mail to the other Party's address or that other Party's attorney.

18.3. Headings: Headings in this Agreement are used for convenience only and shall not be construed to limit or affect the terms of this Agreement.

18.4. Counterparts: This Agreement may be executed in counterparts, all of which constitute one Agreement.

18.5. Entire Agreement: This Agreement and any other agreement described as an addendum to this Agreement constitutes the entire agreement between the Parties and supersedes any prior contrary written or oral agreement made between them.

18.6. Assignment: No Party shall assign any of its obligations or duties under this Agreement, without the prior written consent of the other Party.

18.7. Enurement: This Agreement will ensure the benefit of and be binding on the Parties and their respective heirs, executors, administrators and permitted successors and assigns.

18.8. Cumulative Rights: The rights of the Parties in this Agreement are cumulative and shall not be construed as exclusive except as otherwise stated by the law.

18.9. Waivers: Any term or provision of this Agreement may be waived in writing at any time by the Party entitled to such benefit. No delay, or omission to exercise any right shall not be construed as waiver.

18.10. Severability: If any part of this Agreement is held unenforceable, the remainder of this Agreement shall continue to be in force and have effect.

18.11. Further Assurance: The Parties shall execute and deliver all such documents and take all such actions and all steps to procure the performance of all such acts as may be necessary or incidental to give effect to the provisions of this Agreement.

IN WITNESS WHEREOF the Parties have duly executed this Agreement this day and year first written above.

SIGNED, SEALED, AND DELIVERED by the within named ________

________________________

in the presence of:

Name................................................................................................................

Address.............................................................................................................

Occupation........................................................................................................

Signature..........................................................................................................

SIGNED, SEALED, AND DELIVERED by the within named ________

________________________

in the presence of:

Name................................................................................................................

Address.............................................................................................................

Occupation........................................................................................................

Signature..........................................................................................................