Define expectations for food services: Food Service Contract
What we’ll cover
What is a Food Service Contract?
A Food Service Contract is a legal document between the provider of a food service, like restaurants and caterers, and a client. Food Service Contracts enable these providers to set forth the terms and conditions associated with their relationship with the client.
Signed by both the food service provider and the client, a Food Service Contract (also called a Food Service Agreement) helps to set reasonable expectations, covering details about the type of food served, cleanup, storage, and equipment required. This document is essential to avoid any potential conflicts that might arise in the professional relationship.
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.
How do I get my Food Service Contract reviewed?
If you already have a Food Service Contract and want to have it reviewed, or if you have questions about creating or using one, there are a few ways to get help.
Use Rocket Copilot to ask questions or review your document; this helps you better understand what it says and identify anything that may need a closer look.
If you are looking for help from a Legal Pro, you can also ask a question and receive a response within one business day, or request a more in-depth document review.
Sample Food Service Contract
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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:
| a. | The failure to make a required payment when due. |
| b. | The insolvency or bankruptcy of either party. |
| c. | 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. |
| d. | 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 .
Client:
| By: | Date: |
Service Provider:
| By: | Date: |
Food Service Contract FAQs
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Should food service providers always create 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 will most likely be helpful for your business due to the following benefits:
- Neither party is surprised by how long the engagement lasts.
- All parties know when invoicing will happen.
- Roles and responsibilities are understood by all parties.
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.
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What should my Food Service Contract 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.
- The duration of the engagement.
- The tasks you will be responsible for.
Food Service Contracts built with Rocket Lawyer also include the typical legal language about the non-employment relationship between the parties, liability, and, finally, the method(s) of dispute resolution. While making your agreement, you will also have the ability to select the state under which it will be governed. Additional modifications are permitted, if needed.
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How much might I traditionally have to pay to get a Food Service Contract template created by an attorney?
Attorney fees for drafting or reviewing a Food Service Contract can vary widely. Many lawyers charge hourly rates that may range from around $100 for less experienced attorneys to $350 or more per hour for highly experienced attorneys in major metropolitan areas. For more routine documents, some attorneys may offer flat-fee pricing.
The total cost will depend on several factors, including your location, the attorney’s experience, and the complexity of your agreement. More documents or situations involving negotiation will typically require more time and increase the overall cost.
With Rocket Lawyer, you can create a personalized Food Service Contract tailored to your specific needs—without the high cost typically associated with hiring a lawyer. If you have questions or want additional peace of mind, you can also get your document reviewed or ask a Legal Pro for guidance.
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What needs to happen after I have created a Food Service Contract?
After drafting your Food Service Contract, review it carefully. You may also want to review it with the other party to ensure all parties fully understand and agree to the terms of the agreement. Once all parties agree to the terms, the next step is to have all parties sign it, and each party should keep a copy for their records. It’s also a good idea to store it in a safe, accessible place in case you need to reference it later.
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Will Rocket Lawyer be able to review my Food Service Contract?
It’s smart to have an important agreement reviewed before you sign, so you fully understand the terms and avoid potential risks.
While some attorneys may review documents they didn’t draft, others may decline or require a retainer, hourly billing, or a flat fee. This can make getting a legal document review of your Food Service Contract less predictable and more time-consuming.
Rocket Lawyer makes the process simpler. With a Rocket Lawyer membership, you can request a review from a Legal Pro or ask questions about your Food Service Contract. You can also use Rocket Copilot to quickly review your agreement, spot potentially risky terms, and make sure everything looks accurate before signing.
Once you’re ready, you can sign your document online with RocketSign—all in one place.
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