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:
Client and Caterer agree that this Contract between the parties is for catering services that shall commence on TBA, at TBA and catering services shall continue until TBA, at TBA. Said contract may be extended and/or renewed by contract of all parties in writing thereafter.
2. Services Provided
a. Mr. Murry's Kitchen agrees to provide caterering services listed below as per Client’s stated requests;
- Cooking and delivering the agreed menu items to event location
- Cooking and serving the agreed menu items for the event
b. Mr. Murry's Kitchen agrees to use high quality products to meet Client’s needs.
**The Catererer is bound to guidelines and policies of venue officials or management. Client agrees to accept the technical results of their imposition on the Caterer. Negotiation with the officials for modification of guidelines and/or policies is the Client’s responsibility. Any additional permits or fees required by the venue or local jurisdiction shall be the responsibility of the Client.
3. Guest Count
Seven (7) business days prior to the event, the Caterer will need to have the final number of guests to be served. This final number will be used to purchase fresh ingredients for our kitchen production, order equipment and appropriately staff for the event. After this date, the final guest count can only
increase but not decrease. Any and all increases in guest count will be subject to additional costs. The Client will only be charged for guaranteed number of guests served. If there are more guests attending event than guaranteed guest count, the Caterer reserves the right to charge Client accordingly.
4. Food Quantity
a. The prices quoted in this Contract and the amount of food prepared and any other necessary preparations are made based on an estimate of people in attendance at the event. It is the anticipation of both parties that all food items prepared shall be adequate to satisfy the agreed upon estimate of people.
b. The Caterer will prepare between 5% and 10% overage based upon the final guest count provided by the Client. Part of this overage is to include for the staff/or service providers. The Client will not be charged for this.
The Caterer, at the request of the Client or the Client may package up all leftovers that are not able to be reused by the Caterer. The Client may take any leftovers provided in disposable aluminum pans. Unless agreed to and provided for in the Catering Invoice, the Client is responsible for providing appropriate containers to package leftovers for guests. In accordance with appropriate state health codes, the Caterer reserves the right to discard any food items
where there is a reasonable risk for food borne illness to occur.
The Client will be charged for additional staff hours for any time extension beyond the agreed upon time.
7. Menu to be Served
The Client will provide own menu or choose from Caterer’s Catering Menu. Menu must be confirmed 30 days prior to the event date or Client may be subject to additional charges, especially of supplies have already been purchased.
**Caterer reserves the right to make small changes to the menu only if key ingredients are unable to be sourced due to reasons beyond the control of both parties.
8. Consideration and Payment Terms
a. Client agrees to pay Caterer 40% Non-refundable retainer due upon signing this agreement and the remaining balance due 30 days prior to the event. The Client shall not withhold any amount towards tax from the payment due to the Caterer.
b. Mr. Murry's Kitchen reserves the right to cancel an event if balance has not been paid by the day prior to the requested date and time.
c. For Travel that is more than 20 miles there will be a $.52/mile travel fee added to the total event fee.
9. Additional Services
Client agrees to pay for any and all additional services requested by the client not included in this Contract.
Any additional services requested shall be made by the client in writing.
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.
11. Change Of Date and/or Venue
I agree to notify Mr. Murry's Kitchen by phone and email at my earliest convenience should a change of date and/or venue occur. In situations where the new venue requires substantial travel, I agree to pay for reasonable logistical expenses. I understand that Mr. Murry's Kitchen may be unavailable on an alternate date. In such circumstances I agree to liaise with Mr. Murry's Kitchen to a mutually agreeable solution. I accept that I may forfeit some/all of monies paid.
12. Cancellation by Client/Venue/Acts of God
For Weddings: 40% Retainer is non refundable. All prepayments will be returned in full if event is cancelled by the Client, the venue or by act of God, 90 days or more from the event date. If the event is cancelled within 60 days of the event, non-refundable retainer and prepayments are forfeited.
All Other Events: 40% Retainer is non refundable. All prepayments will be returned in full if event is cancelled by the Client, Venue or act of God up to 30 days prior to the event date.
Any additional costs incurred by Caterer in the preparation of the event will also be charged to the Client.
13. Cancellation by Caterer
For Weddings: 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 retainers and prepayments will be returned in full within 10 days.
All Other Events: The Caterer reserves the right to terminate this contract for any reason. If The Caterer terminates this contract any time up to 7 days prior to the event date, all retainers and prepayments will be returned in full within 2 days.
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 Client, based on current item pricing. Client understands that all property brought to the event location 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 made for next day pickup, whichever is previously agreed upon by both parties.
15. 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.
16. Third Party Liability
Caterer assumes no responsibility for the conduct of guests, members and/or third parties hired to provide services.
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.
Caterer maintains general liability and automobile insurance at appropriate limits.
19. Unlawful Activities
The Client will comply with all the laws of the United States of America and the State of Colorado 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.
20. 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.
21. 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.
The Caterer will indemnify and hold the Client harmless from any claims against the Client by any other party, arising directly or indirectly out of the provision of the services by the Caterer.
23. 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 Colorado, without regard to the jurisdiction in which any action or special proceeding may be instituted.
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.
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.
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.