FROZEN TORCH CREAMERY CATERING
Catering Agreement
THIS CATERING AGREEMENT is entered into this _____________day of __________, (Year) by and between ____________________________ hereinafter referred to as the “CLIENT” and Frozen Torch Creamery hereinafter referred to as the “CATERER”
Particulars
WHEREAS The CLIENT will have an event/function described as follows:
Event/Function: ::
ProjectName::
Location: __________________________
Date: __________________________
Time: __________________________
Guest Count: __________________________
WHEREAS the CATERER agrees to provide catering service for CLIENT’S above-stated event/function. NOW THEREFORE both parties bind themselves and agree as follows:
1. DEPOSIT Fifty percent (50%) of the estimated contract cost of ___________
Project Total Cost: is due and demandable at the time of booking, to be deducted from the Total Final Payment, unless other prior arrangements have been made.

2. FINAL PAYMENT Final Payment will be due and demandable on the day of the event prior to the beginning of service. Payment terms are available upon request. If the payment is not made in full on the day of the service, an additional $75 will be due per day after.

3. COST Due to the fluctuating cost of food items, menu prices are subject to change within fourteen (14) days of the event. When a drastic change in the menu ingredient cost occurs, CLIENT has two options.
3.1. CLIENT will pay the additional cost based on the current adjusted price, or

3.2. Substitute other menu items to maintain the agreed upon per person/platter menu.
3.3 If ingredients chosen by CLIENT are not a part of CATERERS original menu, additional charges will apply.

4. PAYMENT METHOD All prices quoted are based on cash/check payments. 4.1 Check payments are due seven (7) days before the event date.

5. SERVICE CHARGE There will be an eighteen percent (18%) Service Charge for all event/function, unless otherwise specified. At the CLIENT's discretion, any extra gratuity will go directly to the service staff.

6. GUEST COUNT Final Guest Count, not subject to reduction, is due ten (10) days prior to the event date. Any additional Guest after the stated period is subject to extra charges as may be imposed by the CATERER.

7. GUEST COUNT OVERAGE CLIENT will only be charged for the guaranteed number of guests served. If there is more guest attending than the guaranteed guest count, the CATERER will charge the CLIENT accordingly.

8. FOOD QUANTITY CATERER will prepare between five- ten percent (5%-10%) overage based on the final number of guest count registered by CLIENT. Part of this overage is to include food for the staff and/or service providers. CLIENT will not be charged for this.

9. LEFTOVERS In accordance with appropriate Health Codes, CATERER reserves the right to keep any leftover food items (toppings), after the agreed upon event timetable.

11. TIME CLIENT will be billed for additional staff hours for any time extension beyond the prior agreed upon time.

12. CHANGE OF EVENT DATE or VENUE CATERER will apply the entire balance of CLIENT’s deposits and prepayments (less $_____.00), towards another event, subject to CATERER’s availability. All costs are subject to change.

13. RENTALS CATERER may provide all or part the rental items for the event. However, certain items may incur restocking & cancellation fees. If CATERER arranges rentals, for the CLIENT, through a rental company, CLIENT will have to pay the rental company directly. Any loss or damage to any rentals will be billed to CLIENT after the event.

14. ASSIGNABILITY This contract is not assignable without the prior written consent from the CATERER.

15. CANCELLATION BY: CLIENT / VENUE / ACTS OF GOD All prepayments and deposits are returned in full (less $ ___.00) if the event is canceled by CLIENT, the venue or by an act of God, 180 days or more, from the event date.
15.1. If the event is canceled, between ninety (90) days and one hundred seventy nine (179) days from the event date, 50% of prepayments and deposits are returned to CLIENT $______.00. 15.2. If the event is canceled, within eighty nine (89) days of the event date, all deposits and prepayments are forfeited in full.

15.3. If CATERER is able to re-book the date with a similar event, all prepayments and deposits are returned in full (less $ _____.00 service fee).

16. CANCELLATION BY CATERER CATERER reserves the right to terminate this contract for any valid reason.
16.1. IF CATERER terminates this contract before thirty (30) day period prior to the event date, all deposits and prepayments will be returned in full within ten (10) days.

17. DAMAGE
17.1. CATERER assumes no responsibility for ANY damage or loss of merchandise, alcohol, equipment, furniture, clothing or other valuables prior to, during or after the event. CATERER will do everything possible to ensure that all of CLIENT’s supplies, rentals and equipment are cared for and maintained in good working order and without damage.
17.2. When providing the location for the event/function, the CLIENT, understands that accidents/breakage and/or damage may sometimes occur. CATERER will not be liable for any damage or loss unless specifically caused by the willful negligent actions or conduct of CATERER or its employees.

18. CATERER LIABILITY: CLIENT absolves CATERER from any third party claims, except for actions caused by CATERER and/or negligence of its employees. Such claims to amount to a maximum amount of USD Two hundred ($ 200.00) only.

19. INSURANCE: CATERER maintains State Farm Insurance.

20. TAXES CLIENT will be charged the applicable current rate for all services rendered as determined by the concerned government body.

21. UNLAWFUL ACTIVITIES: The CLIENT will comply with all the laws of the United States of America and the State of Georgia, all municipal ordinances and all lawful orders of police and fire departments, and will not do anything on the event/function premises in violation of any laws, ordinances, rules or orders. If unlawful activities should occur on the premises, and the event is canceled, there will be no refund of any kind from CATERER to CLIENT.

22. AMENDMENT AND SUPPLEMENT Any amendment and supplement to this Agreement shall come into force only after a written agreement is signed by both parties five (5) days before the event/function date. The amendment and supplement duly executed by both parties shall be part of this Agreement and shall have the same legal effect as this Agreement.

23. GOVERNING LAW This Agreement shall be governed by and construed in accordance with the laws of the USA. IN WITNESS THEREOF the parties hereto have caused this Agreement to

be duly executed on their behalf by a duly authorized representative as of the date first set forth above

25. MACHINES
25.1 The client must provide adequate voltage to power machines. It is CLIENTS responsibility to ensure the venue provides power as the CATERER is not responsible for power outage.

SIGNATURE:___________________________________________ DATE:_______________