What is a Food Service Contract?
When to use a Food Service Contract:
- You're hiring a food service provider for a business or event.
- You're a food service provider being hired to cater an event or provide ongoing food service.
Food Service Contract
This Contract for Food Services is made effective as of , by and between of , , , and of , , .
Service Provider desires to provide Food Services to Client and Client desires to obtain such services from Service Provider.
THEREFORE, in consideration of the mutual promises set forth below, the parties agree as follows:
DESCRIPTION OF SERVICES. Beginning on , will provide to the Food services described in the attached Exhibit (collectively, the "Services").
The requested services will be completed at , , , .
SERVICE RECIPIENT's Fee. In consideration of the services to be performed by the Service Provider, the Client agrees to compensate the Service Provider for the services rendered as follows:
Service Provider 's fees for the Services specified in above, and for any additional services, will be charged at Service Provider 's standard
Any additional services not specified in above, will be charged to Client on an hourly rate basis at Service Provider 's standard hourly rate of per hour.
TERM. This Contract
FACILITIES AND EQUIPMENTS. a. The Client shall at its expense provide the Service Provider with suitable food service space (including adequate sanitary toilet facilities with such heat, refrigeration and utilities service as may be reasonably required for the efficient performance of this Contract.)
b. The Client shall furnish building maintenance services for the premises and shall make all equipment repairs and replacement, and shall be responsible for compliance with all Federal, Provincial and local regulations.
MENUS. Service Provider shall provide quality, affordable food to the members, employees, tenants and visitors in the service location at a reasonable cost at such hours as the Client may from time to time determine. The Service Provider shall prepare food menus in consensus with the Client.
CLEANLINESS. Service Provider shall keep the areas of operation clean, clear of waste, paper, garbage, combustible materials and obstructions, and to not cause or permit any noises or odors which would constitute a nuisance to emanate from the areas of operation.
RETURN OF EQUIPMENT. Service Provider shall return to the Client at the expiration of this Contract the food service space and all equipment furnished by the Client in the condition in which received, except for ordinary wear and tear.
INSURANCE. Service Provider shall procure and maintain in full force and effect during the term of this Contract a general liability insurance policy in compliance with the minimum requirements of state law.
LICENSE FEES AND TAXES. Service Provider shall secure and pay for, all licenses and permits required for operation of the food service provided for hereunder, as well as pay all sales, excise or other business taxes attributable to the food service facilities herein. The costs of all such items shall be a direct cost of food service operation.
WORKERS COMPENSATION COMPLIANCE. Prior to execution of this Contract, Service Provider shall submit a certificate of good standing from the Workers Compensation Board to the Society and to provide additional certificates as often as is deemed necessary by the Client during the term of this Contract.
HEALTH DEPARTMENT COMPLIANCE. a. Service Provider shall work in compliance with county health department rules and regulations with regard to hygienic preparation and service of food.
b. Service Provider shall cause all of its employees assigned to duty on the service location to submit to periodic health examinations at least as frequent and as stringent as required by law, and to submit satisfactory evidence of compliance with all health regulations to the Clients medical department upon request. The cost of such examinations shall be a direct cost of food service operation.
DEFAULT. The occurrence of any of the following shall constitute a material default under this Contract:
|The failure to make a required payment when due.
|The insolvency or bankruptcy of either party.
|The subjection of any of either party's property to any levy, seizure, general assignment for the benefit of creditors, application or sale for or by any creditor or government agency.
|The failure to make available or deliver the Services in the time and manner provided for in this Contract.
REMEDIES. In addition to any and all other rights a party may have available according to law, if a party defaults by failing to substantially perform any provision, term or condition of this Contract (including without limitation the failure to make a monetary payment when due), the other party may terminate the Contract by providing written notice to the defaulting party. This notice shall describe with sufficient detail the nature of the default. The party receiving such notice shall have days from the effective date of such notice to cure the default(s). Unless waived by a party providing notice, the failure to cure the default(s) within such time period shall result in the automatic termination of this Contract.
ENTIRE AGREEMENT. This Contract contains the entire agreement of the parties, and there are no other promises or conditions in any other agreement whether oral or written concerning the subject matter of this Contract. This Contract supersedes any prior written or oral agreements between the parties.
SEVERABILITY. If any provision of this Contract will be held to be invalid or unenforceable for any reason, the remaining provisions will continue to be valid and enforceable. If a court finds that any provision of this Contract is invalid or unenforceable, but that by limiting such provision it would become valid and enforceable, then such provision will be deemed to be written, construed, and enforced as so limited.
AMENDMENT. This Contract may be modified or amended in writing, if the writing is signed by the party obligated under the amendment.
GOVERNING LAW. This Contract shall be construed in accordance with the laws of the State of .
NOTICE. Any notice or communication required or permitted under this Contract shall be sufficiently given if delivered in person or by certified mail, return receipt requested, to the address set forth in the opening paragraph or to such other address as one party may have furnished to the other in writing.
WAIVER OF CONTRACTUAL RIGHT. The failure of either party to enforce any provision of this Contract shall not be construed as a waiver or limitation of that party's right to subsequently enforce and compel strict compliance with every provision of this Contract.
SIGNATURES. This Contract shall be signed by on behalf of and by on behalf of .
Food Service Contract FAQs
Should food service providers always write a contract for food service?
Even if you are doing the work as a favor, it is always a good idea to create a Food Service Contract. Using this document most likely will be helpful for your business due to the benefits listed here:
- Neither party is surprised by how long the engagement lasts
- Everyone knows when invoicing will happen
- Roles and responsibilities are understood by everyone
Ultimately, if you or the client decide against signing this document, neither party will experience any of the benefits and protections that come along with having one in place.
What should my Food Service Agreement cover?
Before getting started, you may want to organize the following critical details:
- The client's full name and address
- How much you will charge
- What the duration of the engagement is
- What tasks you will be responsible for
As you probably expect, Food Service Contracts built with Rocket Lawyer also include the typical language about the non-employment relationship between the parties, liability, and finally, the method(s) of dispute resolution. While making your agreement, you also will have the ability to select the state under which it will be governed. Additional modifications are permitted, if needed.
How much might I traditionally have to pay to get a food service contract template created by an attorney?
Luckily, you do not need to pay hundreds of dollars in fees to put your contract in writing. When using the document tools on Rocket Lawyer, any food service provider can create a Food Service Contract for free today. Your agreement is constructed section by section, so you can feel confident that it contains all of the appropriate details that you'll need. Simply tap or click on "Make document" to begin.
What needs to happen after I have made a Food Service Contract?
In order to make a Food Service Contract legally binding, both parties need to sign it. You can use RocketSign® to do this remotely. As a best practice, be sure to give a copy of the signed agreement to your client. As a Rocket Lawyer member, you also will be able to print it out, download it in PDF format or as a Word document, or make copies of it as necessary.
Will Rocket Lawyer be able to check my Food Service Agreement?
If you attempt it on your own, hiring an attorney to comment on your document might be time-consuming and relatively expensive. Sometimes an attorney may not even agree to review a document if they didn't write it. In the event that an attorney does decide to provide feedback about your document, they are still going to make you pay their standard fees to do it. An easier option would be to go through attorney services at Rocket Lawyer. When you sign up for a Premium membership, you can have your contracts examined by an attorney with experience in business. Whether you decide to create additional copies of your Food Service Agreement or other legal documents for food service providers, we are here to support you.