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This Catering Services Agreement (“Agreement”) is made and entered into on
by and between Earthworks Catering, LLC (“EWC”) and
(“Client”). The parties hereto agree as follows:
EWC shall perform for Client certain catering services as further defined in Schedule 1, attached hereto (“Catering Services”).
Unless the parties agree otherwise in writing, EWC shall provide the Catering Services at
(the “Event Venue”), on
(the “Event Date”), beginning at
and for a period of
(the “Event Time”), and for an estimated
guests, to be finalized according to section 4 (collectively being referred to as the “Event”).
Subject to the terms of this paragraph, Client may change the Event Time, Event Date, or Event Venue (“Changes”) by giving EWC prompt written notice of the changes at least three (3) business days prior to the Event Date. If Client makes any Changes, EWC may adjust the Fees to account for the Changes. If Client fails to notify EWC of any Changes at least three (3) business days prior to the Event Date, EWC will be released from its obligations under this Agreement and EWC shall have the right to retain any deposits made under this Agreement.
The initial estimated attendance of the Event is
. Client shall give EWC written notice of the final estimated attendance of the Event no less than five (5) business days before the Event (the “Final Estimated Attendance”). If Client fails to notify EWC of the Final Estimated Attendance, EWC may consider the initial estimated attendance as the Final Estimated Attendance when preparing to provide the Catering Services. If Client increases the Final Estimated Attendance within five (5) business days of the Event Date, or requests EWC provide additional Catering Services to account for an attendance above the Final Estimated Attendance (“Additional Catering Services”), EWC will have sole discretion in providing Client with its requested Additional Catering Services. If EWC provides the Additional Catering Services, Client shall compensate EWC for the Additional Catering Services according to Schedule 2.
No matter the actual attendance at the Event, the Fees shall not be less than if the actual attendance was equal to the Final Estimated Attendance pursuant to Schedule 2.
Client shall pay EWC according to the fees set forth on Schedule 2 (“Fees”).
Upon the Effective Date, Client shall pay EWC a deposit of
(“Deposit”). The Deposit is non-refundable under any circumstances. Upon completion of the Catering Services, EWC shall deliver an invoice for the Fees, less the Deposit to Client and Client shall, within five (5) business days, make full payment of the Fees to EWC.
EWC shall provide the appropriate amount of personnel necessary and desirable to provide the Catering Services to the Final Estimated Attendance. EWC shall use reasonable efforts to ensure its personnel are dressed in a manner which is reasonably appropriate for the Event. EWC may increase the number of personnel if the actual attendance at the Event is higher than the Final Estimated Attendance. If EWC increases the number of personnel to account for the actual attendance at the Event being higher than the Final Estimated Attendance, Client shall pay for that increased personnel according to Schedule 2.
Client will only use food provided by EWC for the Event, except for
. Client shall use reasonable efforts to ensure Event guests do not bring outside food to the Event. In the provision of the Catering Services, EWC shall comply with all federal, state, and local laws.
EWC shall provide Client with a list of menu items, appropriate for the per person menu price set forth in Schedule 2. On the Effective Date, Client shall submit its final menu selection in writing to EWC. Client may not make changes to its final menu selection after the Effective Date unless EWC consents in writing. If EWC consents, then the Fees shall be updated based on current market prices and availability as determined by EWC.
Subject to state and local law, Client or guests of the Event may package up any leftovers to take after the Event.
EWC shall be responsible for serving alcohol at the Event but EWC shall not be responsible for maintaining any approvals, licenses, filings, registrations, and permits required by law in connection with serving alcohol.
EWC shall provide all serving platters and serving utensils required for the Event but shall not be responsible for dishes, utensils, or flatware.
This Agreement shall be expressly subject to the terms and conditions set forth on page two of this Agreement.
