Catering Services

Agreement

Event Details. Unless the parties agree otherwise in writing, Smoking Calavera shall provide the [DELIVERABLE] at [ADDRESS OF VENUE] (the "Event Venue"), on [DATE, MONTH] (the "Event Date"), beginning at [START TIME], and for a period of [DURATION HOURS] (the "Event Time"), and 

for an estimated [INITIAL ESTIMATE OF GUESTS], to be finalized according to section [ATTENDANCE] (together, [PARTY B]'s event at the time, date, and venue listed in this section is the "Event").


ATTENDANCE

Service Obligation Limited to Final Estimate Attendance. Smoking Calavera will only be required to provide [DELIVERABLES] to account for the Final Estimated Attendance of guests at the Event.

Initial Estimated Attendance. The initial estimated attendance of the Event is [INITIAL ESTIMATED ATTENDANCE].

FINAL ESTIMATED ATTENDANCE

Notice Five Days in Advance. [PARTY B] shall give Smoking Calavera written notice of the final estimated attendance of the Event [five] Business Days before the Event (the "Final Estimated Attendance").

Failure to Notify. If [PARTY B] fails to notify Smoking Calavera of the Final Estimated Attendance, Smoking Calavera may consider the estimated attendance as the Final Estimated Attendance when preparing to provide the [DELIVERABLE].

CHANGES TO ATTENDANCE

Changes to Initial Estimated Attendance. [PARTY B] may change the initial estimated attendance of the Event by written notice any time before notifying [PARTY A] of the Final Estimated Attendance.

Changes to Final Estimated Attendance. [PARTY B] may not change the Final Estimated Attendance of the Event unless Smoking Calavera consents in writing.

ADDITIONAL SERVICES ABOVE FINAL ESTIMATED ATTENDANCE

Request Additional Services. On the day of the event, [PARTY B] may request additional [DELIVERABLES] to account for an attendance above the Final Estimated Attendance.

Discretion Over Additional Services. Smoking Calavera will have the discretion to provide [PARTY B] with its requested additional [DELIVERABLES]. 

Cost for Additional Services. If on [PARTY B]'s request, Smoking Calavera provides additional [DELIVERABLES], [PARTY B] shall compensate Smoking Calavera for those additional [DELIVERABLES] according to the fee schedule listed in [ATTACHMENT], attached to this agreement.

Guaranteed Catering Minimum. No matter what the actual attendance at the Event is, the Compensation [PARTY B] is required to pay will never be less than it would be if [GUARANTEED MINIMUM NUMBER OF GUESTS] guests had actually attended the Event, according to the fee-per-guest under the fee schedule listed in [ATTACHMENT].

Compensation. Smoking Calavera shall compensate [PARTY B] according to section [PAYMENT OF COMPENSATION] (the "Compensation").

PAYMENT OF COMPENSATION

Compensation Amounts. [PARTY B] shall pay to Smoking Calavera Compensation for the [DELIVERABLE] according to the fee schedule listed in the [ATTACHMENT], attached to this agreement.

Invoice Delivery. Smoking Calavera shall invoice [PARTY B] at the completion and acceptance of the [DELIVERABLE].

Payment. [PARTY B] shall pay the invoice to Smoking Calavera within [PAYMENT DEADLINE] Business Days' after receiving the invoice, in immediately available funds, and to the account Smoking Calavera specifies directly below:

Account Number:

Routing Number:

Invoice Procedure and Requirements. Smoking Calavera shall invoice [PARTY B] in writing, including the total amount due, and an accounting apportioning the total amount due to specific services and goods according to the fee schedule in the [ATTACHMENT], and send each invoice to the recipient [PARTY B] specifies directly below:

Name:

Title:

Mailing Address:

Email Address:

Taxes. Payment amounts under this agreement do not include Taxes, and [PARTY B] shall pay all Taxes applicable to payments between the parties under this agreement. 

PERSONNEL

Amount of Personnel. Smoking Calavera shall provide the appropriate amount of personnel necessary and desirable to provide the [DELIVERABLE] to the Final Estimated Attendance.

Dress of Personnel. Smoking Calavera shall use reasonable efforts to ensure its personnel is dressed appropriately,as agreed on by the parties in [ATTACHMENT], attached to this agreement, for the duration Event.

INCREASE IN PERSONNEL

Option to Increase Personnel. Smoking Calavera may increase or decrease the number of personnel if the actual attendance at the Event is 10% higher or lower than the Final Estimated Attendance.

Changes in Costs. Smoking Calavera shall adjust the Compensation to account for any changes to the amount of personnel, making these adjustments at [PARTY A]'s staffing rates listed in the fee schedule listed in the [ATTACHMENT].

Equipment. [Subject to [PARTY B]'s Disclosure Schedule,] [PARTY B] shall maintain sole control and ownership of all equipment, instruments, and materials it uses in connection with providing the [DELIVERABLE].

MENU SELECTION

Provide List of Menu Items. Smoking Calavera shall provide [PARTY B] with a list of menu items, including bar and beverage services, appropriate for the
[per person / per platter] menu price agreed on and listed in the fee schedule of the [ATTACHMENT].

Final Menu Selection. [PARTY B] shall submit its final menu selection in writing to Smoking Calavera, including bar and beverage services, at least [14] Business Days' before the Event Date.

Changes to Menu Selection. [PARTY B] may not make changes to its final menu selection  unless Smoking Calavera consents in writing.

CHANGES TO MENU

[PARTY A]'s Changes to Menu PricesSmoking Calavera may change the costs of any menu item up to [14] Business Days' before the Event Date.

[PARTY B]'s Changes to Ingredients. If [PARTY B] requests changes to the ingredients in a menu item, [PARTY B] shall either pay an updated cost for the menu item with the changed ingredient, based on current market prices and availability as determined by Smoking Calavera, or select substitute menu item in order to maintain the agreed-on [per person / per platter] menu price agreed on and listed in the fee schedule of the [ATTACHMENT].

LEFTOVERS

Availability of Leftovers Subject to Local Law. Subject to state and local Law, Smoking Calavera, [PARTY B], or guests of the Event may package up any leftovers [PARTY A] is not able to reuse for guests to take after the Event.

Containers for Leftovers. If allowed by state and local Law, Smoking Calavera shall provide the appropriate containers for guests to take the leftovers.

FOOD NOT CLAIMED AS LEFTOVERS

[PARTY A]'s ResponsibilitySmoking Calavera shall dispose of or take back to its kitchen, all food not taken as leftovers.

Food Returned to [PARTY A]'s Kitchen. [PARTY B] will have no right to any food Smoking Calavera returns to its under this section. 

Compliance with Health Codes. According to applicable health codes, Smoking Calavera may discard any food items where it believes there is a reasonable risk of food-borne illness.

Dishes and Utensils. Smoking Calavera shall provide the dishes and utensils required for the Event as listed in the [ATTACHMENT], attached to this agreement.

Compliance with Laws. Each party shall

comply with all applicable Laws [relating to [SUBJECT MATTER OF AGREEMENT]], and

notify the other party if it becomes aware of any non-compliance in connection with this section.

MUTUAL REPRESENTATIONS

Authority and Capacity. The parties have the authority and capacity to enter into this agreement.

Execution and Delivery. The parties have executed and delivered this agreement.

Enforceability. This agreement constitutes a legal, valid, and binding obligation, enforceable against the parties according to its terms.

No Conflicts. Neither party is under any restriction or obligation that may affect the performance of its obligations under this agreement.

INSURANCE

Insurance Requirement. Smoking Calavera shall maintain the insurance necessary to cover its obligations and responsibilities under this agreement, or any amount required by Law, but in no case less than

INSURANCE REQUIRED

Proof of Insurance. At [PARTY B]'s request, Smoking Calavera shall provide [PARTY B] with certificates or other acceptable proof of its insurance, describing the coverage of its insurance, and notice of any material change to its insurance. 

Liability for Guests. [PARTY B] shall be liable for any damages or losses caused by guests at the Event.

Limitation on Liability. Neither party will be liable for breach-of-contract damages that are remote or speculative, or that the breaching party could not reasonably have foreseen on entry into this agreement.

TERMINATION

Termination on Notice. Either party may terminate this agreement for any reason on [TERMINATION NOTICE BUSINESS DAYS] Business Days’ notice to the other party.

Termination for Material Breach. Each party may terminate this agreement with immediate effect by delivering notice of the termination to the other party, if the other party fails to perform, has made or makes any inaccuracy in, or otherwise materially breaches, any of its obligations, covenants, or representations.

Termination for Insolvency. If either party becomes insolvent, bankrupt, or enters receivership, dissolution, or liquidation, the other party may terminate this agreement with immediate effect.

TERMINATION FEES

Early Termination by [PARTY B]. If [PARTY B] cancels the Event more than [NON-CANCELLATION PERIOD] Business Days' from the Event Date, Smoking Calavera shall return the full amount of any deposits and pre-payments of Compensation [PARTY B] made according to the fee schedule in [ATTACHMENT].

Late Termination by [PARTY B]. If [PARTY B] cancels the Event less than [NON-CANCELLATION PERIOD] Business Days' from the Event Date, [PARTY B] will be deemed to forfeit the full amount of any deposits and pre-payments of Compensation it made according to the fee schedule in [ATTACHMENT].

Early Termination by [PARTY A]. If Smoking Calavera terminates this agreement for any reason (unless it is for a material breach by [PARTY B]) more than [NON-CANCELLATION PERIOD] Business Days' from the Event Date, Smoking Calavera shall return the full amount of any deposits and pre-payments of Compensation [PARTY B] made according to the fee schedule in [ATTACHMENT] within [10] Business Days' of the termination.

Late Termination by [PARTY A]. If Smoking Calavera terminates this agreement for any reason (unless it is for a material breach by [PARTY B]) less than [NON-CANCELLATION PERIOD] Business Days' from the Event Date, Smoking Calavera shall return the full amount of any deposits and pre-payments of Compensation [PARTY B] made according to the fee schedule in [ATTACHMENT], and an additional $[TERMINATION FEE] within [10] Business Days' of the termination.

Liquidated Damages. The parties hereby acknowledge that the damages [PARTY B] would suffer if Smoking Calavera terminated this agreement less than [NON-CANCELLATION PERIOD] Business Days' from the Event Date would be serious but hard to calculate, and therefore, that the fee required under paragraph [LATE TERMINATION BY Smoking Calavera] is not intended as a penalty to Smoking Calavera, but intended as a reasonable estimation of [PARTY B]'s damages that would result from [Smoking Calavera's late termination.

INDEMNIFICATION

Indemnification by [PARTY B]. [PARTY B] (as an indemnifying party) shall indemnify Smoking Calavera (as an indemnified party) against all losses and expenses arising out of any proceeding brought by either a third party or Smoking Calavera, and either arising out of [PARTY B]'s breach of its obligations, representations, warranties, or covenants under this agreement, or arising out of any act, omission, negligence, or misconduct of a guest at the Event.

Mutual Indemnification. Each party (as an indemnifying party) shall indemnify the other (as an indemnified party) against all losses arising out of any proceeding brought by either a third party or an indemnified party, and arising out of the indemnifying party's willful misconduct or gross negligence.

NOTICE AND FAILURE TO NOTIFY

Notice Requirement. Before bringing a claim for indemnification, the indemnified party shall notify the indemnifying party of the indefinable proceeding, and deliver to the indemnifying party all legal pleadings and other documents reasonably necessary to indemnify or defend the indefinable proceeding.

Failure to Notify. If the indemnified party fails to notify the indemnifying party of the indemnifiable proceeding, the indemnifying will be relieved of its indemnification obligations to the extent it was prejudiced by the indemnified party's failure.

Exclusive Remedy. The parties' right to indemnification is the exclusive remedy available in connection with the indemnifiable proceedings described in this section [INDEMNIFICATION].

DEFINITIONS

"Business Day" means a day other than a Saturday, a Sunday, or any other day on which the principal banks located in New York, New York are not open for business. "[Catering Services]" is defined in section [CATERING SERVICES]. "Compensation" is defined in section [COMPENSATION]. "Effective Date" is defined in the introduction to this agreement. "Event" is defined in section [EVENT DETAILS]. "Event Date" is defined in section [EVENT DETAILS]."Event Time" is defined in section [EVENT DETAILS]. "Event Venue" is defined in section [EVENT DETAILS]. "Final Estimated Attendance" is defined in section [ATTENDANCE]. "Law" means (a) any law (including the common law), statute, bylaw, rule, regulation, order, ordinance, treaty, decree, judgment, and (b) any official directive, protocol, code, guideline, notice, approval, order, policy, or other requirement of any Governmental Authority having the force of law. "Taxes" includes all taxes, assessments, charges, duties, fees, levies, and other charges of a Governmental Authority, including income, franchise, capital stock, real property, personal property, tangible, withholding, employment, payroll, social security, social contribution, unemployment compensation, disability, transfer, sales, use, excise, gross receipts, value-added and all other taxes of any kind for which a party may have any liability imposed by any Governmental Authority, whether disputed or not, any related charges, interest or penalties imposed by any Governmental Authority, and any liability for any other person as a transferee or successor by Law, contract or otherwise. 

GENERAL PROVISIONS

Binding Effect. This [agreement /plan] will benefit and bind the parties and their respective heirs, successors, and permitted assigns.

Assignment. Neither party may assign this agreement or any of their rights or obligations under this agreement without the other party's written consent.

Force Majeure. Neither party will be liable for performance delays nor for non-performance due to causes beyond its reasonable control, except for payment obligations.

Governing Law. This agreement shall be governed, construed, and enforced in accordance with the laws of the State of [GOVERNING LAW STATE], without regard to its conflict of laws rules.

DISPUTE RESOLUTION

Arbitration. Any dispute or controversy arising out of this agreement and [SUBJECT MATTER OF THE AGREEMENT] will be settled by arbitration in [STATE], according to the rules of the American Arbitration Association then in effect, and by [NUMBER OF ARBITRATORS] arbitrators[s].

Judgment. Judgment may be entered on the arbitrator's award in any court having jurisdiction.

Arbitrator's Authority. The arbitrator will not have the power to award any punitive [or consequential] damages.

Attorney Fees. If either party brings an Action to enforce their rights under this agreement, the prevailing party may recover its expenses (including reasonable attorneys' fees) incurred in connection with the Action and any appeal from the losing party.

Amendment. This agreement can be amended only by a writing signed by both parties.

Entire Agreement. The parties intend that this agreement, together with all attachments, schedules, exhibits, and other documents that both are referenced in this agreement and refer to this agreement, represent the final expression of the parties' intent relating to the subject matter of this agreement, contain all the terms the parties agreed to relating to the subject matter, and replace all of the parties' previous discussions, understandings, and agreements relating to the subject matter of this agreement.

This agreement has been signed by the parties.

[PARTY A NAME]

Name: [PARTY A SIGNATORY NAME]

Title: [PARTY A SIGNATORY TITLE]

[PARTY B NAME]

Name: [PARTY B SIGNATORY NAME]

Title: [PARTY B SIGNATORY TITLE]


Overview

Smoking Calavera’s Catering Service Agreement:

  • Utensils — Smoking Calavera may offer this service through a third party vendor. All items must be accounted for and security deposit made for any lost or stolen utensils, dish ware, or kitchen utensil items.

  • Security — This is not a service that Smoking Calavera provides at this time. Clients are expected to hire their own security.

  • Rentals — Smoking Calavera will be renting equipment, tables, chairs, or other items to the client.

  • Decorations — Will the client be responsible for decorating the venue, Smoking Calavera offers this service for a fee.

  • Bar Service — Will there be alcohol served at the event? Will be it an open bar? Smoking Calavera is responsible for providing licensed servers.

*Pricing is per person. Consuming raw or undercooked meats, poultry, seafood, shellfish, or eggs may increase your risk of food-borne illness.
Please list all allergies and/or preferred ingredients based on your specific dietary needs.
20% service charge is added to parties of six or more.