Below is our standard Catering Agreement for events. Please review and acknowledge understanding and acceptance of our terms. A specific Catering Agreement is required for each event, with the full details of the event.
In consideration of the services to be performed by Palette Dome Cuisine of JDHM Inc. (“Caterer”) for the benefit of __________ YOUR NAME/COMPANY NAME (“Client”) at the event scheduled for __________ DATE OF EVENT (“Event”) as set forth on the attached invoice (“Invoice”), Client agrees to the following terms and conditions:
- In order to reserve the date of the Event, Client must deliver a signed copy of this Catering Agreement to Caterer along with an Initial Payment (“Initial Payment”) or payment as follows:
- If the Agreement is delivered to Caterer more than seven (7) days prior to the Event, Client shall deliver to Caterer, along with the Agreement, an Initial Payment equal to 50% of the invoice amount. The balance is due and payable no later than the 7th day prior to the Event.
- If the signed Agreement is delivered to Caterer seven (7) or fewer days prior to the Event, Client shall pay the entire invoice amount when the signed Agreement is returned, plus a surcharge equal to 20% of the Invoice amount (the Invoice amount plus such surcharge being hereinafter referred to as the “Adjusted Invoice Amount”).
- At least seven (7) days prior to the Event, Client agrees to inform Caterer of the final number of persons expected to attend the Event and to pay for the amount confirmed or the actual number in attendance, whichever is greater. If the actual number in attendance is greater than the amount confirmed, Caterer cannot guarantee that adequate food will be available for all persons in attendance. If the actual number in attendance is more than 20% less than the number confirmed, Caterer reserves the right to increase the price per person.
- If Client fails to pay any payments when due prior to the date of the Event, this Agreement may be canceled or rejected by Caterer. Client agrees that Caterer shall not thereafter be obligated to provide any services hereunder. In such case, or if Client shall, for any reason whatsoever, cancel this Agreement, Client acknowledges that it would be impossible to fix the actual damages (contract labor, lost income, lost business opportunities, lost perishables, specialty items, rentals etc.) resulting from such cancellation, and Client therefore agrees that Caterer may retain
- 10% of the Initial Payment if event was canceled ninety (90) days or more prior to event or
- 50% of the Initial Payment [if event was cancelled less than ninety (90) days and more than thirty (30) days prior to the Event] or
- 50% of the Final \ Adjusted Event Invoice Amount [If event was cancelled less than thirty (30) days and more than seven (7) days prior to the Event], or
- The full Adjusted Invoice Amount (100%) of the event [If event was cancelled seven (7) days or less before the event.
- In each case as liquidated damages and not as a penalty, which represents a reasonable estimation of fair compensation to Caterer for damages incurred by Caterer resulting from such failure to pay, or cancellation, by Client.
- Note: If Client reschedules event, Caterer may still retain and charge costs related to perishable items and incurred additional expenses such as labor, parts, loss of use, rentals etc.
- Client agrees to indemnify and hold harmless Caterer for any damage, theft, or loss of Caterer’s property (Including, without limitation, equipment, plates, utensils, and motor vehicles) occurring at the Event that is caused by persons attending the Event.
- Caterer shall not be responsible for inability to provide food or other services due to inclement weather or acts of God (Including, without limitation, fire or earthquake).
- In the event attorneys’ fees or other costs are incurred to secure performance of any of the obligations herein provided for, to obtain damages for breach thereof, or to obtain any other appropriate relief, whether by way of prosecution or defense, the prevailing party shall be entitled to recover from the losing party reasonable attorneys’ fees and costs incurred herein. This Agreement contains all the terms and conditions agreed upon by the parties hereto with reference to this Event, and no other agreements not specifically referred to herein, oral or otherwise, shall be deemed to exist or to bind either of the parties hereto.
- If service is part of the engagement, event must be at least four (4) hours in duration. That includes minimum 90 minutes of setup and cleanup time.
AGREED AND ACCEPTED:
By:
Client John Doe +++++++++ Caterer Palette Dome Cuisine of JDHM Inc.
Signature
_______________________________________________________________________
Print Your Name
_______________________________________________________________________
Date
_______________________________________________________________________
