General Agreement

 

This Catering Agreement (Agreement) is entered into this _____day of _ _, by and between “FSA INC” at 3701 Stinson Boulevard. St Anthony, MN; hereinafter referred to as the “Caterer” and __ ___; hereinafter referred to as the “Client.” Whereas the Client will have an event/function described in the Proposal

 

Background

A. The Client is of the opinion that the Caterer has the necessary, qualifications, experience and abilities to provide services to the Client.

B. The Caterer is agreeable to providing such services to the Client on the terms and conditions set forth in this Agreement.

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In Consideration of the matters described above and of the mutual benefits and obligations set forth in this Agreement, the receipt and sufficiency of which consideration is hereby acknowledged, the Client and Caterer (individually the “Party” and collectively the “Parties” to this Agreement) agree as follows:

1. Services

As detailed in the Service Proposal and Agreement and the final Catering Invoice attached to this agreement.

2. Payment & Deposit

For the above services, Client agrees to pay Caterer the total amount due in the final Catering Invoice. Unless waived by Caterer, Fifty percent (50%) of the total final Catering Invoice amount is due and demandable at the time of booking or signing of this agreement. Such deposit will confirm and guarantee the event date and will be deducted from the total final payment, unless other prior arrangements have been made.

3. Final Payment

Unless other arrangements have been made or Caterer has agreed to payment terms proposed by client, final payment will be due and demandable 5 days prior to the event date but no later than upon delivery of the contracted goods and/or services. Final Balances not received upon delivery are subject to a late fee of $75.00 per day in addition to the final balance.

4. Menu

The Client will provide own menu or choose from Caterer’s Catering Menu. Menu must be confirmed seven (7) days prior to the event date or Client may be subject to additional charges, including, but not limited to; supplies which have already been purchased

5. Payment Method

All payments may be made in the forms of cash, credit card or corporate check. All prices quoted are based upon cash payments. If the method of payment is made by credit card, Caterer passes along transaction fees to the Client and reserves the right to increase the price of the total contracted charges by 3%. All checks may be made payable to “FSA INC”. Payments made within seven (7) days prior to the event may only be done via credit card or certified check.

6. Guest Count

Final Guest Counts are due Seven (7) business days prior to the event. Guest Counts cannot be changed within 72 hours of the event. This final number will be used to purchase fresh ingredients for our kitchen production, order equipment and appropriately staff for the event. For this reason, we are not able to offer refunds or discounts if the actual guest count is less than anticipated. However, if the actual guest count exceeds the contract amount, the overage will be billed to the Client at the contract rate. And must be settled by the end of the event to avoid additional charges.

7. Children

Children under the age of 5 are free of charge. Children 6 to 10 years of age will be charged ½ price of the agreed upon price per person but not lower than $10.00 per child.

8. Food Quantity

Final product quantities are determined using USDA standard adult serving size multiplied by the contract Guest Count. For this reason, we are not able to offer refunds or discounts if the actual guest count is less than anticipated. However, if the actual guest count exceeds the contract amount, the overage will be added to the invoice at the contract rate.

9. Leftovers

In order to avoid the potential for serious illness associated with mishandling leftovers, it is our policy that all unused food must be discarded or returned with our staff after the event.  

10. Time

If Caterer is requested to stay for duration of event for cleanup and equipment removal, Client agrees to the cut off time specified in the Proposal. If Caterer is asked to stay beyond contracted time or required to return to the Venue, Client agrees to additional charges for any expenses acquired due to any time overages agreed upon herein. Time Overage fees of an additional $100.00 per half hour will be due prior to Caterer leaving event. If Caterer must return at the request of the Client or Venue, travel will be billed at $25 each way within 20 miles. And $2 each additional mile.

11. Change of Event Time, Date or Venue

The Caterer will apply the entire balance of your deposits and prepayments (less $100.00) towards another event/venue/time, subject to our availability. All costs are subject to change.

12. Rentals

Caterer may provide all or part of the rental items for the event. The Caterer will/may give you an estimated cost/list of rentals for your event. You may change/cancel those items at anytime, however, certain items may incur restocking and cancellation fees. If the Caterer is coordinating rentals on behalf of the Client through a rental company, the Client may be required to pay the rental company directly. This information will be specified in the Catering Invoice. Certain rentals may be provided by the Caterer. Any loss of damage to ANY rentals will be charged to the Client.

13. Cancellation by Client/Venue/Acts of God 

90 days or more from the event date All prepayments and deposits will be returned in full if event is cancelled by the Client, the venue or by act of God (less $200.00). Within 90 days of the event date, all prepayments and deposits will be returned less 50% of the deposit amount up to but not exceeding $1,000. Within 60 days of the event, all deposits and prepayments are forfeited. Up to 8 days prior to the event date. All prepayments and deposits will be returned (less 50% of the Catering Invoice amount). Within 7 days by the Client, Venue or by act of God.  Client responsible for 100% of the Invoice Total including any additional costs incurred by Caterer in the preparation of the event.

14. Cancellation by Caterer

The Caterer reserves the right to terminate this contract for any reason. If the Caterer terminates this contract any time up to 30 days prior to the event date, all deposits and prepayments will be returned in full within 10 days. If the Caterer terminates this contract within 30 days prior to the event date, all deposits and prepayments will be returned in full within 10 days as well as an additional $500 as penalty.

15. Damage

The Caterer assumes no responsibility for any damage or loss of any merchandise, equipment, furniture, clothing or other valuables prior to, during or after the event. Damage or loss of any equipment and/or tableware, not at the fault of the Caterer, will be charged to the Client, based on current item pricing. Client understands that all property brought to the event location (excluding “Drop and Drop Set Catering Services”), including, but not limited to, all serving equipment, floral arrangements, skirting and linens, non-floral centerpieces, and all other property belonging to Caterer, shall be removed by the Caterer before caterer leaves event location unless arrangement have been.

16. Caterer Liability

Client absolves Caterer from any third party claims, except for actions caused by Caterer and/or the negligent conduce of it’s employees.

17. Third Party Liability

Caterer assumes no responsibility for the conduct of guests, members and/or third parties hired to provide services.

18. Assignability

The Caterer will not voluntarily or by operation of law assign or otherwise transfer its obligations under this Agreement without the prior written consent of the Client.

19. Insurance

Caterer maintains general liability and automobile insurance at appropriate limits.

20. Unlawful Activities

The Client will comply with all the laws of the United States of America and the State of Minnesota, all municipal ordinances and all lawful orders of police and fire departments, and will not do anything on the premises in violation of any laws ordinances, rules or orders. If unlawful activities are occurring on the premises and the event is cancelled, there will be no refund of any kind from Caterer to Client.

21. Modification of Agreement

Any amendment or modification of this Agreement or any additional obligation assumed by either Party in connection with this Agreement will only be binding if evidenced in writing and signed by each Party or an authorized representative of each Party.

22. Capacity/Independent Contractor

It is expressly agreed that the Caterer is acting as an independent contractor and not as an employee in providing the Services under this Agreement. The Caterer and the Client acknowledge that this Agreement does not create a partnership or joint venture between them, and is exclusively a contract for service.

23. Indemnification

The Caterer will indemnify and hold the Customer harmless from any claims against the Customer by any other party, arising directly or indirectly out of the provision of the Services by the Caterer.

24. Governing Law

It is the intention of the parties to this Agreement that this Agreement and the performance under this Agreement, and all suits and special proceedings under this Agreement, be construed in accordance with and governed, to the exclusion of the law of any other forum, by the laws of the State of Minnesota, without regard to the jurisdiction in which any action or special proceeding may be instituted.

25. Severability

In the event that any of the provisions of this Agreement are held to be invalid or unenforceable in whole or in part, all other provisions will nevertheless continue to be valid and enforceable with the invalid or unenforceable parts severed from the remainder of this Agreement.

26. Waiver

The waiver by either party of a breach, default, delay or omission of any of the provisions of this Agreement by the other party will not be construed as a waiver of any subsequent breach of the same or other provisions.

27. Arbitration

Should either party failure to provide or breach this Agreement in any way, the offending party will be liable for any damages. Both parties agree to seek a third-party mediator or arbitrator for any disputes that arise as a result of this Agreement. Event food prices (except when otherwise specified) are based on a ‘Per Person’ - Plate, Entree and/or Appetizer price is established by the Caterer’s Catering Menu which is provided to the Client when selecting the food service(s) for the event. Per Person pricing can be defined as including costs for Caterer’s time working with Client in all aspects of preparation before event unless otherwise specified in writing for additional consulting services. This pricing also includes Caterers food costs, employee payroll for food preparations, restaurant utility services for food preparation, insurance coverage for onsite catering services and any other costs incurred with the preparation and food production for a contracted event. All costs based on terms outlined in the Agreement.

 

Signed: ________________________________________Date: ______________________________ 

For FSA INC d/b/a Dive Bar Catering

 

Client’s Acceptance Signature: __________________________________Date:__________________ 

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