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What we'll cover
What is a Catering Contract?
A Catering Contract is a formal agreement between a caterer and either a consumer (ie a private individual) or a business client. Catering Contracts set out the agreed-upon terms for the provision of hospitality and food services, to ensure that both parties know their obligations and are legally protected.
When should I use a Catering Contract?
Use this Catering Contract:
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if you run a catering business in England, Wales or Scotland
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to formalise your agreement to provide catering services to private individuals (ie consumers) or to businesses
Sample Catering Contract
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CATERING CONTRACT
This Agreement is made on the date of last signature below between:
AGREEMENT
Meanings
- In this Agreement, the following words are defined:
Agreement
this agreement for the provision of the Services (as defined below) including any schedules;
Confidential Information
in relation to either party, any information (whether or not stated to be confidential or marked as such) which that party discloses to the other, or which the other party obtains from any information disclosed to it by that party, either orally or in writing or by any other means, under or in connection with this Agreement;
Engagement
the engagement of the Caterer by the Client on the terms of this Agreement;
Effective Date
;
Premises
; and
Services
the services to be provided by the Caterer for the Client as described in the section entitled 'Provision of Services'.
- In this Agreement, unless the context requires a different interpretation:
- the singular includes the plural and vice versa;
- references to sub-clauses, clauses, schedules or appendices are to sub-clauses, clauses, schedules or appendices of this Agreement;
- a reference to a person includes firms, companies, government entities, trusts and partnerships;
- "including" is understood to mean "including without limitation";
- reference to any statutory provision includes any modification or amendment of it;
- the headings and subheadings do not form part of this Agreement; and
- "writing" or "written" will include fax and e-mail unless otherwise stated.
Provision of Services
- The Caterer shall provide the following catering Services to the Client:
- The Services will be provided on . The Services will be provided at times to be agreed in advance between the parties.
- The Caterer will provide the Services at the Premises.
- The Caterer shall perform the Services with reasonable care and skill, in accordance with:
generally recognised commercial practices and standards in the applicable industry; and
all laws and regulations applicable to the Services, including all laws and regulations related to (i) anti-bribery and corruption, and (ii) data protection.
- The Caterer shall use all reasonable endeavours to observe all health and safety rules and regulations and any other reasonable security requirements that apply at the Premises and that have been communicated to the Caterer.
Term
- The Agreement begins on the Effective Date and will continue until the completion of the Services, or until notice is given in accordance with the procedure set out in the section entitled 'Ending the agreement'.
Fees
- The Client is responsible for the payment of fees. The Caterer will charge the Client for the Services at a rate of £ per (the Fee).
- The Client will receive an invoice for the provision of Services. Any invoices submitted by the Caterer must be paid within 30 days of the date of invoice. The Caterer will only provide the Services once payment is received.
- Without prejudice to any other right or remedy that it may have, if the Client fails to make any payment due to the Caterer under this Agreement by the date payment is due, then the Client shall pay interest on the overdue amount at the rate of 2% per annum above the Bank of England base rate from time to time. Such interest shall accrue on a daily basis from the due date until actual payment of the overdue amount, whether before or after judgment. The Client shall pay the interest together with the overdue amount.
- Amounts payable to the Caterer under this Agreement shall be paid into the following bank account by electronic funds transfer unless otherwise notified by the Caterer to the Client in writing in accordance with this Agreement:
- Bank:
- Account holder name:
- Account number:
- Sort code:
- All sums payable to the Caterer under this Agreement shall become due immediately on its termination, despite any other provision.
Expenses
Guests
- The Client shall confirm the number of guests by .
Equipment
- It is the Caterer’s responsibility to ensure that they have sufficient and appropriate equipment and materials for the provision of the Services. Any equipment and materials supplied by the Caterer shall remain the property of the Caterer. In the event of loss or damage to the Caterer’s equipment used when providing the Services, the Client is not responsible for the provision, maintenance, replacement or repair of such equipment unless the loss or damage was caused by the Client or guests of the Client.
Waste
- The Caterer shall be responsible for disposing of any waste related to the provision of Services.
Return of Property
- Upon the end of this Agreement, all equipment, materials and property (including documentation, keys and any alarm or building codes) given to the Caterer by the Client, must be returned to the Client in the state that it was given in.
Circumstances Beyond the Control of Either Party
- Neither party shall be liable for any failure or delay in performing their obligations where such failure or delay results from any cause that is beyond the reasonable control of that party.
- Such causes include, but are not limited to: power failure, internet service provider failure, acts of God, epidemic, pandemic, civil unrest, fire, flood, droughts, storms, earthquakes, collapse of buildings, explosion or accident, acts of terrorism, acts of war, governmental action, any law or any action taken by a government or public authority, including without limitation imposing an export or import restriction, quota or prohibition, or any other event that is beyond the control of the party in question.
- The party affected by a circumstance beyond its control shall use all reasonable endeavours to mitigate the effect of the force majeure upon the performance of its obligations.
- The corresponding obligations of the other party will be suspended to the same extent as those of the party affected by a force majeure event.
- If the delay continues for a period of 90 days, either party may terminate or cancel the Services to be carried out under this Agreement.
Liability and Insurance
- Nothing in this Agreement limits or excludes either party’s liability for:
- death or personal injury caused by its negligence; or
- fraud or fraudulent misrepresentation or wilful default; or
- liability under the indemnities contained in the section entitled 'Indemnity'; or
- any other liability which cannot be limited or excluded by applicable law.
- Subject to the above clause, the Caterer shall not be liable, whether in contract, tort (including negligence), for breach of statutory duty, or otherwise, arising under or in connection with this Agreement for:
- loss of profits;
- loss of sales or business;
- loss of agreements or contracts;
- loss of anticipated savings;
- loss of or damage to goodwill;
- loss of use or corruption of software, data or information;
- any indirect or consequential loss.
- Subject to the two preceding clauses, the total liability of the Caterer for any other loss of the Client in respect of any one event or series of connected events shall not exceed £.
- During this Agreement, the Caterer shall maintain in force with a reputable insurance company, insurance sufficient to indemnify risks for which they may be responsible, including for their respective sub-contractors, agents and employees, in connection with the Services and shall, on either parties’ request, produce both the insurance certificate giving details of cover and the receipt for the current year's premium.
Confidential Information
- The Caterer acknowledges that in the course of the Engagement, it may have access to Confidential Information. The Caterer agrees to accept the restrictions in this clause.
- The Caterer shall not (except in the proper course of its duties) either during the Engagement or at any time after the expiry or termination of this agreement (for whatever reason), use or disclose to any third party (and shall use best endeavours to prevent the publication or disclosure of) any Confidential Information. This restriction does not apply to:
- any use or disclosure authorised by the Client or required by law; or
- any information which is already in, or comes into the public domain otherwise than through the Caterer’s unauthorised disclosure.
Ending the Agreement
- Either party may terminate this Agreement by giving the other party written notice.
- A party may terminate the Agreement immediately by giving written notice to the other party if that other party:
- does not pay any sum due to it under the Agreement within 30 days of the due date for payment;
- commits a material breach of the Agreement which, if capable of remedy, it fails to remedy within 14 days after being given written notice specifying full particulars of the breach and requiring it to be remedied);
- persistently breaches any term of the Agreement;
- is dissolved, ceases to conduct substantially all of its business or becomes unable to pay its debts as they fall due;
- is a company over any of whose assets or property a receiver is appointed;
- makes any voluntary arrangement with its creditors or (if a company) becomes subject to an administration order (within the meaning of the Insolvency Act 1986);
- (if an individual or firm) has a bankruptcy order made against it or (if a company) goes into liquidation;
- undergoes a change of control (within the meaning of section 1124 of the Corporation Tax Act 2010); or
- (if an individual) dies or as a result of illness or incapacity becomes incapable of managing their own affairs.
Consequences of Ending the Agreement
- On termination or expiry of this Agreement, the Client shall immediately pay to the Caterer all of the Caterer’s outstanding unpaid invoices and interest.
- Termination or expiry of the Agreement shall not affect any rights, remedies, obligations or liabilities of the parties that have accrued up to the date of termination or expiry, including the right to claim damages in respect of any breach of the Agreement which existed at or before the date of termination or expiry.
- Other than as set out in this Agreement, neither party shall have any further obligation to the other under the Agreement after its termination.
Privacy
- The Caterer respects the Client’s privacy and complies with the GDPR with regard to the Client’s personal information.
- This Agreement should be read alongside and is in addition to the Caterer's Privacy Policy.
- For the purposes of this Agreement:
- 'Data Protection Laws' means any applicable law relating to the processing of Personal Data, including, but not limited to the GDPR.
- 'GDPR' means the UK General Data Protection Regulation.
- 'Personal Data' and 'Processing' shall have the same meaning as in the GDPR.
- Where the Client supplies Personal Data to the Caterer for the provision of the Services and the Caterer Processes that Personal Data in the course of providing the Services to the Client, the Caterer will comply with the obligations imposed by the Data Protection Laws:
- before or at the time of collecting Personal Data, the Caterer will identify the purposes for which information is being collected;
- the Caterer will only Process Personal Data for the purposes identified;
- the Caterer will respect the Client’s rights in relation to Personal Data;
- the Caterer will implement technical and organisational measures to ensure the Client’s Personal Data is secure; and
- the Caterer will assist the Client in ensuring compliance with the obligations relating to the security of Processing of Personal Data, the notification of Personal Data breaches to the relevant supervisory authority (as defined in the GDPR), the communication of Personal Data breaches to the data subject and data protection impact assessments (as defined in the GDPR).
- For any enquiries or complaints regarding data privacy, the Client can email the Caterer at .
General
- This Agreement contains the whole agreement between the parties relating to its subject matter and supersedes all prior discussions, arrangements or agreements that might have taken place in relation to the Agreement. Nothing in this clause limits or excludes any liability for fraud or fraudulent misrepresentation.
- No party may assign, transfer or sub-contract to any third party the benefit and/or burden of the Agreement without the prior written consent (not to be unreasonably withheld) of the other party.
- No variation of the Agreement will be valid or binding unless it is recorded in writing and signed by or on behalf of both parties.
- The Contracts (Rights of Third Parties) Act 1999 does not apply to the Agreement and no third party has any right to enforce or rely on any provision of the Agreement.
- Unless otherwise agreed, no delay, act or omission by a party in exercising any right or remedy will be deemed a waiver of that, or any other, right or remedy.
- A provision which by its intent or terms is meant to survive the termination of the Agreement will do so.
- If any court or competent authority finds that any provision (or part) of the Agreement is invalid, illegal or unenforceable, that provision or part-provision will, to the extent required, be deemed to be deleted, and the validity and enforceability of the other provisions of the Agreement will not be affected.
- This Agreement is not an employment contract and nothing in the Agreement will establish any employment relationship between the Caterer and the Client.
- Any notice (other than in legal proceedings) to be delivered under the Agreement must be in writing and delivered by pre-paid first class post to or left by hand delivery at the Caterer's registered address or place of business, or sent by email to the Caterer's main business email address: . Notices:
- sent by post will be deemed to have been received, where posted from and to addresses in the United Kingdom, on the second Working Day (which, for the purposes of this Agreement, means any day other than a Saturday, Sunday or public holiday in England and Wales) and, where posted from or to addresses outside the United Kingdom, on the tenth Working Day following the date of posting;
- delivered by hand will be deemed to have been received at the time the notice is left at the proper address; and
- sent by email will be deemed to have been received on the next Working Day after sending.
Governing Law and Jurisdiction
- This Agreement will be governed by and interpreted according to English and Welsh law. All disputes and claims arising under the Agreement (including non-contractual disputes or claims) will be subject to the exclusive jurisdiction of the English and Welsh courts.
The parties have signed this Agreement on the date(s) below:
About Catering Contracts
Learn more about making your Catering Contract
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How to make a Catering Contract
Making your Catering Contract online is simple. Just answer a few questions and Rocket Lawyer will build your document for you. When you have all the information about the planned service provision prepared in advance, creating your document is a quick and easy process.
You’ll need the following information:
The client and the caterer
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What is the caterer’s name, address, and legal structure? If it’s a company, what is its company number?
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Who is the caterer’s signatory, if it’s a company or a partnership? This is the person who will sign the Contract on the company’s or partnership’s behalf.
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What is the caterer’s main email address?
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What is the name of the individual who will provide the catering services, if the caterer is a company or a partnership?
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What is the client’s name, address, and legal structure? If it’s a company, what is its company number?
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Who is the client’s signatory, if it’s a company or a partnership?
The catering services
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Which services will the caterer provide? For example, providing and preparing food? Providing table settings? Decorating the venue?
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Where will the catering services be provided?
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When will the catering services be provided?
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Is the client requesting any specific menu items? If so:
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What are they?
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By when do any menu changes need to be communicated to the caterer?
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By when does the amount of guests attending the catered event need to be confirmed?
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Will the client provide any of the necessary equipment and materials (including, for example, kitchen space and ovens)? If so, which?
Payment
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Does a deposit need to be paid? If so:
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Of what amount?
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Within how many days after agreeing to the catering arrangement does the deposit need to be paid?
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What is the caterer’s fee?
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If the client is a private individual:
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If the client is a business, what is the caterer’s bank account for payment?
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Will the client reimburse the caterer for all reasonable expenses, only those agreed to in advance, or none?
The Catering Contract
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What is the caterer’s maximum liability for the client’s losses (ie the maximum amount they must pay them to cover any losses caused by the caterer’s conduct relative to the service provision)?
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How much notice can either party give the other to end the Contract?
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Where can the client get a copy of the caterer’s Privacy policy?
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What is the date of this Contract? You can specify a date or state that the date of the Contract will be the date of the last signature.
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If the caterer or the client is based in Scotland, will the contract be governed by the laws of England and Wales or the laws of Scotland?
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Common terms in a Catering Contract
Catering Contracts set out the terms of the provision of catering services. To do this, this Catering Contract template includes the following terms and sections:
This Agreement is made on the date of last signature below between…
The Contract starts by clearly identifying the client and the caterer (ie the parties to the Contract).
Meanings
This definition table assigns specific meanings to key terms used throughout the Contract. When these terms (eg ‘Effective Date’, ‘Services’ or ‘Premises’) are used capitalised throughout the Contract, they carry the meaning they’re given in this table.
Provision of services
This section sets out which catering services will be provided and where, when and how these will be provided. This includes, for example, identifying that services will be provided with reasonable care and skill and in compliance with various areas of law (eg anti-bribery, data protection, and health and safety law).
Term
This identifies the date on which the agreement starts and when it will end (ie after services have been provided or following the provision of adequate notice).
Deposit
If the caterer requires the client to pay a deposit, this section will be included in your Contract. It sets out the amount required and when it must be paid by and explains that the deposit is usually non-refundable.
Fees
This section sets out the fee the client must pay in exchange for the catering services and the processes for paying it. This includes, for example, invoicing requirements, payment methods, and what happens if payment is late (eg whether a penalty fee or interest is charged). Payment provisions will differ depending on whether the client is a business or a private individual.
Expenses
This section explains whether the client will cover all reasonable expenses, just those agreed to in advance, or none (ie if the caterer is responsible for all expenses).
Menu and guests
This section sets out by when the client must confirm the total number of guests that need to be catered for. If the client is specifying particular menu items, this section will also provide a date by which any menu changes must be made and gives the caterer the right to make any small changes to the menu if they face ingredient supply issues outside of their control.
Equipment
This section explains that it is the caterer’s responsibility to ensure that the necessary equipment and materials are available to enable them to provide the catering services. If the client is providing any equipment or materials (eg ovens, pots and pans, or a kitchen), these are listed here alongside the statement that such materials remain the client’s property. Various requirements regarding the caterer’s use of the materials are also set out (eg they must take reasonable care of equipment).
Waste
The caterer is given responsibility for disposing of any waste related to the catering services.
Return of property
This section requires that, when this Contract ends, the caterer returns to the client in the same state as given any equipment and materials given to them.
Circumstances beyond the control of either party
If the client is a business (it not a private individual), this clause will be included in the Contract. It is a ‘force majeure clause’. It explains what happens (eg the parties’ liabilities) if an event beyond the control of either party occurs (eg a natural disaster or a pandemic). Essentially, the parties are not liable for any failure to perform their obligations under the Contract if such events occur and they may, in certain circumstances (eg if a delay lasts longer than 90 days), end the Contract.
Liability and insurance
The limit you decide to set on the caterer’s liability for any losses the client suffers due to the caterer’s conduct relevant to the Contract will be set out here. This section will also set out the caterer’s obligation to hold adequate insurance, instances in which the caterer will not be liable for the client’s losses, and instances in which liability cannot be limited or excluded (eg if either party causes personal injury by their negligence).
Confidential information
This section sets out the caterer’s promise not to disclose any of the client’s confidential information except in specified exceptional circumstances.
Ending the agreement
The amount of notice that either party can give to terminate (ie end) this Contract is set out in this section.
If the client is an individual, the parties are also given rights to end the Contract in various circumstances without needing to provide notice. For example, if the other party breaches their obligations under this Contract and does not (or cannot) remedy the breach within 30 days. This section will also allow for a temporary suspension of service provision if, for example, the caterer or a member of the client’s household is ill with an easily transmissible illness or if a force majeure event occurs that forces the caterer to reduce the hours for which they’re available.
If the client is a business, various circumstances are set out in which the Contract can be ended immediately by written notice (eg if the other party becomes insolvent or has a receiver appointed).
Consequences of ending the agreement
If the client is a business, this section will be included in your Contract to provide information about what must happen when the Contract is ended. For example, outstanding invoices should be paid immediately.
Privacy
This section sets out the basics of the caterer’s compliance with data protection and privacy laws. It does this in part by referencing the caterer’s Privacy policy.
General
This section deals with various other points of law that govern how this Contract operates. For example:
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restricting how the parties can deal with the Contract (eg preventing them from assigning their rights or obligations under the Contract to others without the other party’s permission)
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stating that this Contract is the entire agreement, ie the Contract contains all of the agreement between the caterer and the client (ie there are no additional terms). This helps avoid confusion if, for instance, other terms were in contemplation during negotiations
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requiring that any variations to the Contract are in writing and signed
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excluding the Contracts (Rights of Third Parties) Act 1999 or the Contract (Third Party Rights) (Scotland) Act 2017. This essentially means that third parties (ie not the caterer or the client) that would otherwise be able to enforce obligations under this Contract under the Act cannot do so
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setting out how any notices or other similar communications that are given under the Contract should be delivered
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clarifying that the Contract does not create an employment relationship between the client and the caterer
Governing law and jurisdiction
This section sets out which country’s legal system must be used to resolve any disputes (ie the Contract’s ‘jurisdiction’). This is necessary as the legal systems of England and Wales and of Scotland are different.
The parties have signed this agreement on the date(s) below…
This line precedes the spaces provided for the caterer and the client to each sign and date the Contract to make it legally binding.
Schedule 1 - Menu
If the parties have agreed that any specific items of food or drink are to be served, these will be set out in this schedule.
If you want your Catering Contract to include further or more detailed provisions, you can edit your document. However, if you do this, you may want a lawyer to review the document for you (or to make the changes for you) to make sure that your modified Catering Contract complies with all relevant laws and meets your specific needs. Use Rocket Lawyer’s Ask a lawyer service for assistance.
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Legal tips for caterers and clients
Make sure you communicate
Having a formal, written contract in place sets out the key terms of the service relationship between a caterer and their client. It’s a good idea, however, to ensure that your communication isn’t limited to formal exchanges like contractual negotiations. Where possible, discuss the client’s expectations and the caterer’s plans for meeting these in a comprehensive and individually tailored way. This could help you to, for example, establish the best ways of doing things to provide outcomes that the client is happy with.
Organise your whole event
Having certainty as to what’s expected of service provision relationships is essential for planning events with less stress. Clarity and legal protection during service provision can be created by having appropriate written contracts in place. If you’re planning a big event - perhaps a conference, a wedding, or a birthday - consider making use of our:
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Photography contract - to arrange the provision of photography services
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Cleaning contract - when hiring someone to ensure a venue is clean and ready for your event and/or afterwards
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Wedding planner agreement - if you’re hiring someone to manage the whole wedding planning process
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Services agreement - to set out the terms of another, often longer-term service provision relationship (eg if another business organises regular events for your business)
Understand when to seek advice from a lawyer
In some circumstances, it’s good practice to Ask a lawyer for advice to ensure that you’re complying with the law and that you are well protected from risks. You should consider asking for advice if:
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the Catering Contract doesn't meet your needs or doesn’t cover what you want it to
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you are based outside of England, Wales and Scotland
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Catering Contract FAQs
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What is included in a Catering Contract?
This Catering Contract template covers:
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the caterer’s and the client’s details
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a list of services to be provided (eg preparing food and beverages, decorating the venue, and preparing table settings)
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the date when the catering will be provided
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how payment should be made and procedures for late payment
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how often invoices will be issued
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what equipment (if any) will be provided by the client
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expenses incurred by the caterer
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privacy provisions
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events beyond the control of either party (ie force majeure events)
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termination of (ie ending) the Contract
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Do I need a Catering Contract?
Making a Catering Contract when one person or business has agreed to provide catering services to another ensures that the arrangement is recorded in a formal, legally binding manner.
This offers both parties clarity and certainty as to their obligations and helps to protect both parties, by setting out the terms of the agreement. Catering Contracts can be extremely useful when organising catering for corporate events, parties, weddings, and many other sorts of events.
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Can I use an employment contract instead of a Catering Contract?
An Employment contract is used to hire an employee (ie to form a formal employment relationship, which grants the hired individual various employment rights). By contrast, a Catering Contract is used to hire a caterer to provide the services in their capacity as an independent business in their respective trade or field. An employment contract is not the correct document to use when hiring a business (whether an individual or a sole trader or a larger business) - a Catering Contract should be used instead.
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What is the menu?
This Catering Contract allows the client to request that certain types of food and drink are provided as part of the catering services. Any such items requested will be set out in the schedule of the Contract headed ‘Schedule 1 - Menu’.
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Who needs to provide the equipment for the catering services?
It is up to the parties to decide who will provide the equipment for the catering services. You can agree that the caterer provides all of the equipment or that the client also provides some. The caterer will need to ensure that they have adequate equipment to provide the catering services.
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Do I need to use a deposit?
It is up to the parties to decide if a deposit will be required to arrange the catering services.
The deposit is a sum of money paid to the caterer by the client in advance, to secure the provision of services by the caterer. A deposit is non-refundable unless the caterer fails to provide the services and is at fault for such failure. Deposits give the caterer some security that the effort and investment they put into preparing to cater an event, and their giving up opportunities to take alternative bookings, will not go completely unrewarded if the client does not go ahead with the arrangement.
The client should typically pay any necessary deposit before paying any invoices for the provision of catering services.
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Do I need to issue an invoice?
An Invoice provides a record of services provided (or goods sold) and the amount payable in exchange for them. A caterer should send an invoice to request payment for their catering services. The invoice should then be paid in accordance with the parties’ Catering Contract. For more information, read Invoicing.
When using this Catering Contract, an invoice should be issued by the caterer which is payable at the time of booking the catering services. The Contract states that services will not be provided until after payment is received.
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How do I work out my fees?
Caterers often charge clients:
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a flat fee
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an hourly rate, or
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a charge per guest at the event
How you wish to price catering services is up to you. Your prices will depend on various factors, including your duties and responsibilities, experience and reputation, the food you’ll serve, any requested menu items, and more.
You will also need to set out whether Value Added Tax (VAT) is:
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included in the fees
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excluded from the fees (but will be charged), or
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not applicable (ie if you are not registered for VAT)
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Why do I need a privacy policy?
Caterers need to have a Privacy policy in place if the client supplies personal data to the caterer for the provision of the services. Personal data is information that relates to private individuals who can be personally identified from that data (eg names and addresses).
Having a clear privacy policy in place will help you to comply with your data protection obligations under the Data Protection Act 2018 and the UK General Data Protection Regulation (GDPR).
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How can the Catering Contract be ended?
This Catering Contract allows you to specify the notice period that must be given by either the caterer or the client to end the agreement.
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