Catering Contract Template

This Catering Contract (the "Agreement") is entered into as of  (the “Effective Date”) by and between  (the "Client"); and

 with a place of business at  (the "Caterer") (each referred to individually as a "Party" and together as the "Parties").

1. Scope of Work

The Caterer shall provide catering services for the Event described below in accordance with this Agreement (the "Services").

(i) Event and Location Details. The Caterer agrees to provide catering services for the following event , scheduled to take place on , between  to  and is located at  (the "Event").

(ii) Services Provided. The Services include, without limitation, menu planning, ingredient procurement, food and beverage preparation, delivery, setup, buffet or plated service, staff management, breakdown, and cleanup, as further detailed below.

- Type of Service: 

- Menu Description: 

- Beverage Service:  Non-Alcoholic  Beer & Wine  Full Bar  Client Provided

- Staff Required and Attire: 

- Rentals or Equipment Provided by Caterer: 

- Décor or Floral Services (if any): 

- Other Deliverables or Special Instructions: 

(iv) Guest Count. The estimated number of guests is . The Client shall provide the final count  days before the Event in writing. The total fee shall be adjusted proportionally for changes to the guest count; however, the Caterer shall be paid for no fewer than  guests. Changes requested fewer than 7 days before the Event are subject to the Caterer’s approval and may incur additional charges.

(v) Schedule. The Caterer shall perform the Services according to the following Schedule.

- Setup and Load-In Window:  on 

- Service Times: Starts at  and ends at 

- Breakdown and Removal:  on 

(vi) Venue Facilities. The Client shall ensure that the Event venue provides safe and sufficient access, parking, utilities, refrigeration, lighting, and facilities necessary for the Caterer’s performance. The Caterer shall not be responsible for any delays, failures, or damages arising from inadequate venue facilities not caused by the Caterer.

(vii) Changes. Any modification to the Services, menu, or guest count shall be valid only if agreed in writing (including by email confirmation).

(viii) Referenced Exhibits. If ,  or any equivalent Exhibit is attached, it is incorporated by reference into this Agreement and subject to the terms of the Exhibits Section.

2. Fees and Payment Terms

The Client shall pay the following fees for the Services:

Security Deposit: $, non-refundable, due at signing to secure the Event date. The deposit will be credited toward the total fee.

Remaining Balance: $, due  days before the Event.

Total Fee: $ for the Services. The total fee does not include any applicable sales tax, service gratuities, delivery fees, overtime or extended service hours, increased guest counts, or any duties required by law. If incurred, these will be added to the final invoice and must be paid under the same payment terms.

Any balance not paid by the due date shall be subject to a late fee of % per  or the maximum allowed by law, whichever is lower. The Caterer shall have no obligation to perform any Services until all required payments have been made. The Caterer may suspend or terminate Services for nonpayment without prejudice to other remedies.

3. Client Responsibilities and Site Access

The Client shall obtain all required permits, approvals, and permissions required. The Client shall ensure the Event location has safe. lawful, and reasonably sufficient access, parking, utilities, and facilities for the Caterer to perform the Services. The Caterer shall be given access at least  hours before and  hours after the Event. Delays caused by the Client, guests, or third parties beyond the Caterer’s control shall incur additional charges of $ per hour, representing agreed compensation for extended staff and equipment time. The Client and all guests shall comply with all applicable laws, venue regulations, and safety requirements, including restrictions on alcohol service and food safety.

4. Caterer Responsibilities, Safety and Subcontractors

(i) General Obligations. The Caterer shall use commercially reasonable efforts to provide all necessary personnel, equipment, and materials, unless otherwise agreed. The Caterer shall maintain all required permits and shall comply with all applicable food safety, health, and sanitation regulations.

(ii) Food Safety and Allergies. The Client shall provide a written list of guest allergies and dietary restrictions at least  days before the Event. The Caterer shall use reasonable efforts to accommodate such restrictions and to minimize cross-contact; however, an allergen-free environment cannot be guaranteed, and the Client accepts this inherent risk. The Caterer shall not be liable for any allergic reaction, illness, or injury except those caused by its gross negligence or willful misconduct.

(iii) Subcontractor Approval. The Caterer shall not engage subcontractors to perform material portions of the Services without the Client’s prior written consent, which shall not be unreasonably withheld. The Caterer remains fully responsible for any approved subcontractors and shall ensure they maintain all required licenses and insurance coverage.

5. Alcohol Service and Equipment

(i) Alcohol. If the Caterer provides alcohol, it shall comply with all liquor laws, including prohibiting service to minors and visibly intoxicated individuals. The Caterer reserves the right to refuse alcohol service to any guest for safety or compliance reasons. If the Client provides alcohol directly or arranges self-service, the Client assumes all responsibility for its lawful procurement, transport, and service, and shall indemnify and hold harmless the Caterer from any resulting claims or damages. The Caterer shall not staff or supervise any self-service or unattended alcohol station.

(ii) Equipment. The Client shall be responsible for any loss or damage to the Caterer’s equipment, materials, or rentals caused by the Client, guests, or third parties engaged by the Client, while the Caterer remains responsible only for normal wear and tear or damage by its staff. Damages shall be invoiced at repair or replacement cost and paid within  days.

6. Additional Services, Delays, and Inspection

Any Services requested beyond the agreed Scope of Work must be confirmed in writing by both Parties and billed at the rates specified in an approved written estimate. Time beyond the agreed Schedule shall be considered additional Services and billed at $ per . The Client shall inspect the Services upon completion and notify the Caterer in writing within  days after the Event of any claimed deficiency, including supporting photographs or documentation; failure to do so constitutes acceptance.

7. Cancellation and Force Majeure

(i) Cancellation by Client. If the Client cancels more than  days before the Event, the Caterer shall retain the deposit. If the Client cancels between  and  days before, the Client shall owe % of the total estimated fee. If the Client cancels within  days, the Client shall owe 100%. These sums are a reasonable pre-estimate of loss and not a penalty.

(ii) Termination. Either Party may terminate this Agreement for material breach after 5 days’ written notice and failure to cure. The Caterer may terminate immediately for nonpayment, unsafe conditions, or illegal conduct at the Event. Upon termination, the Caterer shall be paid for all Services performed and non-cancellable costs incurred prior to termination.

(iii) Force Majeure. Neither Party shall be liable for failure or delay (other than payment obligations) caused by events beyond reasonable control, including acts of God, pandemics, strikes, supply shortages, or government orders. If such an event occurs, the affected Party shall promptly notify the other. If such conditions persist for more than 30 days, either Party may terminate without penalty. Upon termination under this Section, each Party shall refund or pay amounts proportionate to Services performed or costs incurred up to the termination date.

8. Insurance

The Caterer shall maintain, at its own expense, insurance sufficient to cover its obligations, including at minimum: General Liability Insurance covering bodily injury, property damage, and personal injury, with limits of not less than $1,000,000 per occurrence and $2,000,000 in the aggregate, naming the Client as an additional insured. Liquor Liability Insurance for serving, selling, or providing alcohol.

The Caterer shall also maintain the following insurance, if required or selected:

 Workers’ Compensation Insurance, as required by applicable law.

 Commercial Auto Insurance, for vehicles used to transport food, equipment, or staff.

 Other Insurance, as specified: .

All insurance shall be primary and non-contributory with any coverage maintained by the Client, except where the Client’s own insurer or venue requires otherwise.

The Caterer shall provide the Client with valid certificates of insurance no later than 10 days before the Event, confirming all required coverage and naming the Client as an additional insured. Updated proof of renewal shall be provided upon expiration or renewal of any policy during the term of this Agreement.

9. Indemnity and Limitation of Liability

Each Party shall indemnify and hold harmless the other Party, its officers, employees, and agents from any claims, losses, or liabilities arising from its own negligent or unlawful acts or omissions, or those of persons it engages or controls in connection with the Event. This includes, without limitation, third-party claims relating to alcohol service or guest conduct to the extent caused by that Party’s acts or omissions. The Caterer’s indemnity applies only to claims caused by its gross negligence, willful misconduct, or violation of law. Neither Party shall be liable to the other for any indirect, incidental, special, or consequential damages, including lost profits. The Caterer’s total liability for all claims under this Agreement shall not exceed the total fees actually paid by the Client, except for liabilities arising from gross negligence, willful misconduct, bodily injury, property damage, or indemnification obligations.

10. Independent Contractor Status and Taxes

(i) Independent Contractor. The Caterer is an independent contractor, not an employee, partner, or agent of the Client. The Caterer shall be responsible for hiring, compensating, and supervising its personnel and for paying all taxes, withholdings, and insurance required by law. The Client shall have no responsibility for employment-related claims.

(ii) Taxes. The Caterer shall collect and remit all applicable sales, use, excise, or similar taxes on the Services, except where the Client provides a valid exemption certificate. The Client shall be responsible for any taxes, duties, or fees imposed specifically on it or its event activities. Each Party shall indemnify and hold the other harmless from any liability, interest, or penalty resulting from that Party’s failure to satisfy its respective tax obligations.

11. Intellectual Property and Confidentiality

(i) Intellectual Property. All menus, recipes, photographs, designs, and other creative materials created, developed, or provided by the Caterer in connection with the Event remain the Caterer’s exclusive property. The Client receives a limited, non-exclusive, non-transferable license to use such materials solely for the Event and not for any commercial, promotional, or advertising purpose without the Caterer’s prior written consent. The Client may use photographs or menus solely for personal, non-commercial display, provided such use does not imply endorsement or sponsorship by the Caterer. The Caterer may use photographs or descriptions of the Event for portfolio or promotional purposes, subject to removal upon the Client’s written request if privacy concerns are shown.

(ii) Confidentiality. Each Party shall keep all non-public information received from the other, including any personal data such as guest or payment details, confidential and use it only to perform this Agreement. Each Party shall protect such information in a lawful and secure manner and promptly notify the other of any unauthorized access or disclosure.

12. Dispute Resolution and Governing Law

This Agreement shall be governed by the laws of the State of , without regard to its conflict-of-law principles. The Parties shall first attempt in good faith to resolve any dispute, claim, or controversy arising from or relating to this Agreement, the Services, or the Event (each a "Dispute") through direct written communication. Each Party shall have 30 days from the date of such written notice to resolve the Dispute informally.

If the Dispute is not resolved within that period, either Party may bring an action in any small-claims court or other court of competent jurisdiction located in , . Each Party consents to the exclusive jurisdiction and venue of those courts for any proceeding arising out of or relating to this Agreement.

Nothing in this Section limits either Party’s right to seek temporary or preliminary injunctive relief from a court of competent jurisdiction to prevent immediate harm or preserve rights pending final resolution. The prevailing Party in any action under this Section may recover its reasonable attorneys’ fees, expert fees, and costs, unless prohibited by law.

13. Exhibits

All exhibits, schedules, or other documents attached to or listed below are deemed incorporated into and form part of this Agreement (“Exhibits”). An Exhibit is binding only if signed or initialed by both Parties, unless they agree in writing that signatures or initials are not required for that Exhibit. If there is any conflict between this Agreement and an Exhibit, this Agreement controls unless the Exhibit (a) expressly states the Section it overrides, (b) supplements or clarifies a specific Section on the same subject matter without contradicting it, or (c) is expressly referenced in that Section as controlling. The inclusion or listing of an Exhibit does not make it binding unless executed in accordance with this Section.







14. Definitions

All capitalized terms used throughout this Agreement refer to the meanings given in this Section or in any Exhibit that defines, clarifies, or replaces those terms. Terms relating to the Event, Services, or Schedule shall be interpreted consistently with the details specified in the Scope of Work Section (1) or any Exhibit that expressly replaces or supplements that Section, subject to the terms of the Exhibits Section. Any other undefined, altered, or inconsistent term shall be interpreted in accordance with the interpretive and continuity provisions of the Miscellaneous Section.

15. Miscellaneous

(i) Interpretation. Headings are for reference only and do not affect interpretation. Words in the singular include the plural where the context allows. References to persons include entities and vice versa. As used in this Agreement, the term “including” means “including, but not limited to,” and shall not limit the generality of the preceding language. This Agreement shall be interpreted according to its plain meaning and shall not be construed against either Party as the drafter.

(ii) Fallback Definition. If any defined term in this Agreement, such as “Client,” “Caterer,” “Event,” “Services,” “Schedule”, or “Exhibit” is changed, replaced, or omitted in any draft or executed version of this Agreement or its Exhibits, those terms shall be interpreted by their plain meaning and context to refer to the same respective roles, occasions, obligations, and timeframes intended under this Agreement. This provision preserves enforceability and interpretive consistency without expanding, narrowing, or transferring either Party’s rights or obligations under this Agreement or any Exhibit.

(iii) Entire Agreement and Amendments. This Agreement, including all Exhibits, is the complete and exclusive statement of the Parties’ agreement and supersedes all prior or contemporaneous agreements, oral or written. It may be amended only by a written instrument signed by the Parties.

(iv) Execution. This Agreement may be executed in counterparts, each deemed an original, together forming one binding instrument. Electronic or scanned signatures are valid and enforceable.

(v) Assignment. No Party may assign this Agreement without the other’s written consent, except to a successor by merger, reorganization, or sale of substantially all assets, provided the successor assumes all obligations in writing.

(vi) Waiver and Severability. This Agreement binds only the Parties and creates no third-party rights. Invalid provisions do not affect the remainder, and any failure to enforce a term once does not waive future enforcement.

(vii) Notices. All notices must be in writing and delivered by hand, courier with proof of delivery, certified or registered mail with return receipt, or by email to the addresses most recently designated in writing. Notice is effective upon confirmed delivery or successful email transmission without bounce-back.

(vii) Survival. Obligations concerning indemnification, confidentiality, limitation of liability, intellectual property, and dispute resolution survive termination.

(viii) Time of the Essence. Time is of the essence for all performance under this Agreement.