Catering Service Agreement (Australia)

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Caterer Service Agreement for use in Australia.

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A Catering Service Agreement is an agreement between a contractor/caterer and a client. This type of service agreement is helpful because it provides the terms and conditions of the arrangement. What type of catering services will be provided? How much will the caterer be paid, and when? Are there any restrictions placed upon the food or beverages to be served? What equipment or accommodations must the client provide? These are all questions that will be answered in the agreement. In addition, the agreement will reaffirm that an employer/employee relationship is not created.

The following Catering Service Agreement can be used for a one-time event or for on-going services. Perfect for weddings and other events!

This form is designed for use in Australia.
This is the content of the form and is provided for your convenience. It is not necessarily what the actual form looks like and does not include the information, instructions and other materials that come with the form you would purchase. An actual sample can also be viewed by clicking on the "Sample Form" near the top left of this page.
 
 
Catering Service Agreement
(Australia)

 

 
 
This Service Agreement (the “Agreement”) is dated as of ________________________, 20____, by and between __________________________________________________ (“Contractor”) and ______________________________________________ (“Client”) (collectively the “Parties”).
 
The Parties agree as follows:
 
1.  SERVICES: Contractor will perform the catering services described below (the “Services”): (check all that apply)
 
   Entrée preparation (breakfast ; brunch ; lunch ; dinner ; other        )
   Beverages (check here , if alcoholic beverages are to be provided)
   Furniture/tableware (tables ; chairs ; buffet station ; silverware/plates )
   Hors doeuvres (check here , if passed hors doeuvre service is to be included)
   Wait service (Specify number of waiters/waitresses       )
   Specify additional details/services:                                                                                                                                                       .
(attach an appendix if you require more space to detail services)
 
 
2.  TIME OF COMPLETION:  (Mark the applicable provision):
 
   The Services shall be performed on _________________, 20__, for    (specify the type or name of event, if desired)      , commencing at __:__ __.m., and concluding at __:__  __.m., at       (location)      .  Time is of the essence.  (more appropriate for one-time service)
 
   The Services are ongoing, and shall be completed _______________ (e.g. weekly, bi-weekly, daily, etc.), commencing on ________________, 20__.   The Services shall be performed on           (insert day of the week)       between the hours of _____a.m. and _____p.m. (more appropriate for on-going service).
 
   The Services are ongoing, and shall be completed as required by the Client, for the duration of the term of this Agreement.
 
 
3.  EQUIPMENT:  (mark the applicable provision)
 
   Client shall provide the following equipment for Contractors use when performing the Services: _____________________________________________.  Contractor shall provide all other equipment necessary to perform the Services.
 
   When performing the Services, Contractor will use his/her own equipment.
 
 
4.  PAYMENT:  (Mark the applicable provision):
 
   The Client shall pay the Contractor for the material and labor to be performed under the Agreement the sum of  ________________________Dollars (A$__________).  (This is more appropriate for a one-time project)
 
   The Client shall pay the Contractor _________________________ Dollars (A$__________) per ___________.  ( e.g. week, month, per session, etc.--this is more appropriate for ongoing services)
 
The payments shall be paid in the following manner: _______________________________________________________________________________________________________________________________________________________________________________________________________________
(Here you will need to describe how the payments will be made.  Will you make the payments weekly, at the completion of the project, etc.)
 
 
The Contractor acknowledges and agrees that, except as provided in this Clause 4, it shall not be entitled to, and the Client shall not be obligated to pay, any monies or other compensation for the services provided and rights granted under this Agreement. 
 
5.  OTHER EXPENSES:  The Client shall reimburse the Contractor for the following expenses only:____________________________________________________________ ________________________________________________________________________________________________________________________________________________(If none, write “none)
 
6. GOODS AND SERVICES TAX: The payments specified in Section 3 include [or exclude] the GST (Goods and Services Tax) for Services to be provided under this Agreement which are taxable supplies within the meaning of the A New Tax System (Goods and Services Tax) Act 1999 (the GST Act).
 
7. TAX INVOICE: The Contractor will issue the Client a tax invoice in accordance with the GST Act in relation to all taxable supplies made for the benefit of Client under this Agreement.
8. COMPLIANCE WITH WORKERS' COMPENSATION AND OTHER LAWS: The Contractor agrees to provide evidence of compliance by the Contractors own company and any of the Contractors subcontractors with all requirements for registration and payments due superannuation, sickness benefits and Work Cover under: (check the state where the work will be completed)
      the Workers Compensation Act of 1951 (Australian Capital Territory)
     the Workers Compensation Act  of 1987 (New South Wales)
     the Workers Compensation and Injury Management Act 1981 (Western Australia)
     the Workers Rehabilitation and Compensation Act 1986 (South Australia)
     the Workers' Compensation and Rehabilitation Act 2003 (Queensland)
     the Accident Compensation Act 1985 (Victoria)
     the Workers Rehabilitation and Compensation Act 1988 (Tasmania)
      the Workers Rehabilitation and Compensation Act, as amended (Northern Territory)
The Contractor also agrees to comply with all Commonwealth and state laws, rules, regulations, codes and orders in force during the performance of the Agreement which relate to the preservation of public health or construction safety.
 9. WARRANTIES:
 
(a) The Contractor warrants that he is suitably qualified to carry out the services contracted for in this Agreement and further warrants that all persons engaged by the Contractor to carry out the Services under this Agreement will also be suitably qualified.
 
(b) All work shall be completed in a workmanship like manner, and if applicable, in compliance with all Australian Building Codes and other applicable laws.
 
(c)  To the extent required by law all work shall be performed by individuals duly licenses and authorized by law to perform the work.
 
(d)  Contractor warrants that it is adequately insured for injury to its employees and others incurring loss or injury as a result of the acts of Contractor or its employees.
(e) The Contractor shall correct, at its own expense, any defects in the Work due to faulty materials and/or workmanship pursuant to this Contract for a period of ___ year(s) from the date of Full Completion.
(f) The Client shall give the Contractor written notice of such defects within a reasonable time, and in any event within the warranty period.
(g) Special conditions limiting/affecting this warranty (if any)__________________________________________________________________________________________________________________________________________________________________
(h) The Contractor will convey to Client any warranties by manufacturers or suppliers on individual materials, products or systems supplied by Contractor under this Contract.
(i) The Contractor does not warrant labour and/or materials supplied by the Client or the Clients subcontractors. The Contractor shall protect the work done, the Clients property and the property of third parties from damage occasioned by the performance of its obligations under the Agreement.
10. GENERAL TERMS:(a) This Agreement shall be governed and construed in accordance with the laws of the State of ____________________ [enter the state where the services are to be completed], Australia, and any action relating to this Agreement shall be taken in the appropriate Court in that State. Both parties hereby submit to the jurisdiction of said courts for purposes of any such suit or proceeding, and waive any claim that any such forum is an inconvenient forum. (b) Any notices to either party under this Agreement shall be in writing and delivered by hand or sent by nationally recognised messenger service, or by registered or certified mail, return receipt requested, to the address set forth above or to such other address as that party may hereafter designate by notice. Notice shall be effective when received, which shall be no greater than one (1) business day after being sent by a nationally recognised messenger service or three days after being sent by mail.(c) The Client may freely assign this Agreement, in whole or in part. The Contractor may not, without the written consent of the Client, assign, subcontract, or delegate its obligations under this Agreement, except that the Contractor may transfer the right only to receive any amounts which may be payable to it for performance under this Agreement, and then only after receipt by the Client of written notice of such assignment or transfer. This Agreement shall be binding upon and inure to the benefit of the parties' successors and assigns.(d) The waiver by either party of a breach or violation of any provision of this Agreement shall not constitute a waiver of any subsequent or other breach or violation.(e)  In the event Client shall fail to pay any periodic or instalment payment due hereunder, Contractor may cease work without breach pending payment or resolution of dispute.
 
(f) Following the expiration or termination of this Agreement, whether by its terms, operation of law, or otherwise, the terms and conditions set forth, as well as any term, provision, or condition required for the interpretation of this Agreement or necessary for the full observation and performance by each party hereto of all rights and obligations arising prior to the date of termination, shall survive such expiration or termination.(g) Contractor shall not be liable for any delay due to circumstance beyond its control.
 
(h) This Agreement represents the entire Agreement between the parties. The Agreement may not be amended, changed, or supplemented in any way except by written Agreement signed by both parties. Both parties have read and agree to be bound by this Agreement.CLIENT:                        CONTRACTOR:
 
_______________________________      ___________________________
Signature                        Signature
 
_______________________________      ___________________________
Name (please print)                  Name (please print)
 
_______________________________      ___________________________
Title (if applicable)                  Title (if applicable)
 
 
Number of Pages9
DimensionsDesigned for Letter Size (8.5" x 11")
EditableYes (.doc, .wpd and .rtf)
UsageUnlimited number of prints
Product number#33538
This is the content of the form and is provided for your convenience. It is not necessarily what the actual form looks like and does not include the information, instructions and other materials that come with the form you would purchase. An actual sample can also be viewed by clicking on the "Sample Form" near the top left of this page.
 
 
Catering Service Agreement
(Australia)

 

 
 
This Service Agreement (the “Agreement”) is dated as of ________________________, 20____, by and between __________________________________________________ (“Contractor”) and ______________________________________________ (“Client”) (collectively the “Parties”).
 
The Parties agree as follows:
 
1.  SERVICES: Contractor will perform the catering services described below (the “Services”): (check all that apply)
 
   Entrée preparation (breakfast ; brunch ; lunch ; dinner ; other        )
   Beverages (check here , if alcoholic beverages are to be provided)
   Furniture/tableware (tables ; chairs ; buffet station ; silverware/plates )
   Hors doeuvres (check here , if passed hors doeuvre service is to be included)
   Wait service (Specify number of waiters/waitresses       )
   Specify additional details/services:                                                                                                                                                       .
(attach an appendix if you require more space to detail services)
 
 
2.  TIME OF COMPLETION:  (Mark the applicable provision):
 
   The Services shall be performed on _________________, 20__, for    (specify the type or name of event, if desired)      , commencing at __:__ __.m., and concluding at __:__  __.m., at       (location)      .  Time is of the essence.  (more appropriate for one-time service)
 
   The Services are ongoing, and shall be completed _______________ (e.g. weekly, bi-weekly, daily, etc.), commencing on ________________, 20__.   The Services shall be performed on           (insert day of the week)       between the hours of _____a.m. and _____p.m. (more appropriate for on-going service).
 
   The Services are ongoing, and shall be completed as required by the Client, for the duration of the term of this Agreement.
 
 
3.  EQUIPMENT:  (mark the applicable provision)
 
   Client shall provide the following equipment for Contractors use when performing the Services: _____________________________________________.  Contractor shall provide all other equipment necessary to perform the Services.
 
   When performing the Services, Contractor will use his/her own equipment.
 
 
4.  PAYMENT:  (Mark the applicable provision):
 
   The Client shall pay the Contractor for the material and labor to be performed under the Agreement the sum of  ________________________Dollars (A$__________).  (This is more appropriate for a one-time project)
 
   The Client shall pay the Contractor _________________________ Dollars (A$__________) per ___________.  ( e.g. week, month, per session, etc.--this is more appropriate for ongoing services)
 
The payments shall be paid in the following manner: _______________________________________________________________________________________________________________________________________________________________________________________________________________
(Here you will need to describe how the payments will be made.  Will you make the payments weekly, at the completion of the project, etc.)
 
 
The Contractor acknowledges and agrees that, except as provided in this Clause 4, it shall not be entitled to, and the Client shall not be obligated to pay, any monies or other compensation for the services provided and rights granted under this Agreement. 
 
5.  OTHER EXPENSES:  The Client shall reimburse the Contractor for the following expenses only:____________________________________________________________ ________________________________________________________________________________________________________________________________________________(If none, write “none)
 
6. GOODS AND SERVICES TAX: The payments specified in Section 3 include [or exclude] the GST (Goods and Services Tax) for Services to be provided under this Agreement which are taxable supplies within the meaning of the A New Tax System (Goods and Services Tax) Act 1999 (the GST Act).
 
7. TAX INVOICE: The Contractor will issue the Client a tax invoice in accordance with the GST Act in relation to all taxable supplies made for the benefit of Client under this Agreement.
8. COMPLIANCE WITH WORKERS' COMPENSATION AND OTHER LAWS: The Contractor agrees to provide evidence of compliance by the Contractors own company and any of the Contractors subcontractors with all requirements for registration and payments due superannuation, sickness benefits and Work Cover under: (check the state where the work will be completed)
      the Workers Compensation Act of 1951 (Australian Capital Territory)
     the Workers Compensation Act  of 1987 (New South Wales)
     the Workers Compensation and Injury Management Act 1981 (Western Australia)
     the Workers Rehabilitation and Compensation Act 1986 (South Australia)
     the Workers' Compensation and Rehabilitation Act 2003 (Queensland)
     the Accident Compensation Act 1985 (Victoria)
     the Workers Rehabilitation and Compensation Act 1988 (Tasmania)
      the Workers Rehabilitation and Compensation Act, as amended (Northern Territory)
The Contractor also agrees to comply with all Commonwealth and state laws, rules, regulations, codes and orders in force during the performance of the Agreement which relate to the preservation of public health or construction safety.
 9. WARRANTIES:
 
(a) The Contractor warrants that he is suitably qualified to carry out the services contracted for in this Agreement and further warrants that all persons engaged by the Contractor to carry out the Services under this Agreement will also be suitably qualified.
 
(b) All work shall be completed in a workmanship like manner, and if applicable, in compliance with all Australian Building Codes and other applicable laws.
 
(c)  To the extent required by law all work shall be performed by individuals duly licenses and authorized by law to perform the work.
 
(d)  Contractor warrants that it is adequately insured for injury to its employees and others incurring loss or injury as a result of the acts of Contractor or its employees.
(e) The Contractor shall correct, at its own expense, any defects in the Work due to faulty materials and/or workmanship pursuant to this Contract for a period of ___ year(s) from the date of Full Completion.
(f) The Client shall give the Contractor written notice of such defects within a reasonable time, and in any event within the warranty period.
(g) Special conditions limiting/affecting this warranty (if any)__________________________________________________________________________________________________________________________________________________________________
(h) The Contractor will convey to Client any warranties by manufacturers or suppliers on individual materials, products or systems supplied by Contractor under this Contract.
(i) The Contractor does not warrant labour and/or materials supplied by the Client or the Clients subcontractors. The Contractor shall protect the work done, the Clients property and the property of third parties from damage occasioned by the performance of its obligations under the Agreement.
10. GENERAL TERMS:(a) This Agreement shall be governed and construed in accordance with the laws of the State of ____________________ [enter the state where the services are to be completed], Australia, and any action relating to this Agreement shall be taken in the appropriate Court in that State. Both parties hereby submit to the jurisdiction of said courts for purposes of any such suit or proceeding, and waive any claim that any such forum is an inconvenient forum. (b) Any notices to either party under this Agreement shall be in writing and delivered by hand or sent by nationally recognised messenger service, or by registered or certified mail, return receipt requested, to the address set forth above or to such other address as that party may hereafter designate by notice. Notice shall be effective when received, which shall be no greater than one (1) business day after being sent by a nationally recognised messenger service or three days after being sent by mail.(c) The Client may freely assign this Agreement, in whole or in part. The Contractor may not, without the written consent of the Client, assign, subcontract, or delegate its obligations under this Agreement, except that the Contractor may transfer the right only to receive any amounts which may be payable to it for performance under this Agreement, and then only after receipt by the Client of written notice of such assignment or transfer. This Agreement shall be binding upon and inure to the benefit of the parties' successors and assigns.(d) The waiver by either party of a breach or violation of any provision of this Agreement shall not constitute a waiver of any subsequent or other breach or violation.(e)  In the event Client shall fail to pay any periodic or instalment payment due hereunder, Contractor may cease work without breach pending payment or resolution of dispute.
 
(f) Following the expiration or termination of this Agreement, whether by its terms, operation of law, or otherwise, the terms and conditions set forth, as well as any term, provision, or condition required for the interpretation of this Agreement or necessary for the full observation and performance by each party hereto of all rights and obligations arising prior to the date of termination, shall survive such expiration or termination.(g) Contractor shall not be liable for any delay due to circumstance beyond its control.
 
(h) This Agreement represents the entire Agreement between the parties. The Agreement may not be amended, changed, or supplemented in any way except by written Agreement signed by both parties. Both parties have read and agree to be bound by this Agreement.CLIENT:                        CONTRACTOR:
 
_______________________________      ___________________________
Signature                        Signature
 
_______________________________      ___________________________
Name (please print)                  Name (please print)
 
_______________________________      ___________________________
Title (if applicable)                  Title (if applicable)
 
 
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