BACKGROUND
- The Client requires catering for a single event (the "Event") and is of the opinion that the Bread & Butler has the necessary qualifications, experience and abilities to provide catering services to the Client.
- Bread & Butler is agreeable to providing such catering services to the Client on the terms and conditions set out in this Agreement.
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IN CONSIDERATION OF the matters described above and of the mutual benefits and obligations set forth in this Agreement, the receipt and sufficiency of which consideration is hereby acknowledged, the Client and Bread & Butler (individually the "Party" and collectively the "Parties" to this Agreement) agree as follows:
Services Provided
- The Client hereby agrees to engage Bread & Butler to provide the Client with the catering services (the "Services"):
- The venue for the Event , time and delivery of the Services is:
· Is set by the Client
3. The Services will also include any other catering tasks which the Parties may agree on.
Bread & Butler hereby agrees to provide such Services to the Client.
Term of Agreement
- This Agreement is of full force and effect from the date of this Agreement until the Event is over, subject to cancellation as provided in this Agreement.
- In the event that either Party wishes to cancel this Agreement, that Party must provide written notice to the other Party at least 10 days before the Event starts.
Performance
- The Parties agree to do everything necessary to ensure that the terms of this Agreement take effect.
Currency
- Except as otherwise provided in this Agreement, all monetary amounts referred to in this Agreement are in GBP.
Payment
- Bread & Butler will charge the Client a flat fee of UPON AGREED for the Services (the "Payment").
- A deposit of 50% (the "Deposit") is payable by the Client upon execution of this Agreement.
- For the remaining amount, the Client will be invoiced when the Services are complete.
- Invoices submitted by Bread & Butler to the Client are due upon receipt.
- In the event that this Agreement is terminated by the Client prior to completion of the Services but where the Services have been partially performed, Bread & Butler will be entitled to pro rata payment of the Payment to the date of termination provided that there has been no breach of contract on the part of Bread & Butler .
- The Payment as stated in this Agreement does not include Value Added Tax. Any Value Added Tax required will be charged to the Client in addition to the Payment.
- Bread & Butler will be responsible for all income tax liabilities and National Insurance or similar contributions relating to the Payment and Bread & Butler will indemnify the Client in respect of any such payments required to be made by the Client.
Interest on Late Payments
- Interest payable on any overdue amounts under this Agreement is charged at a rate of 10.00% per annum or at the maximum rate enforceable under applicable legislation, whichever is lower.
Confidentiality
- Confidential information (the "Confidential Information") refers to any data or information relating to either Party, whether business or personal, which would reasonably be considered to be private or proprietary to the owning Party and that is not generally known and where the release of that Confidential Information could reasonably be expected to cause harm to the owning Party.
- The Parties each agree that they will not disclose, divulge, reveal, report or use, for any purpose, any Confidential Information belonging to the other Party which they have obtained through the operation of the Agreement, except as authorised by that Party or as required by law. The obligations of confidentiality will apply during the term of this Agreement and will survive indefinitely upon termination of this Agreement.
Ownership of Intellectual Property
- All intellectual property including recipes, formulas or similar related material (the "Intellectual Property") that is developed or produced under this Agreement, will be the property of Bread & Butler.
- Title, copyright, intellectual property rights and distribution rights of the Intellectual Property remain exclusively with Bread & Butler.
Return of Property
- Upon the expiry or termination of this Agreement, Bread & Butler will return to the Client any property, documentation, records, or Confidential Information which is the property of the Client.
Capacity/Independent Contractor
- In providing the Services under this Agreement it is expressly agreed that Bread & Butler is acting as an independent contractor and not as an employee. Bread & Butler and the Client acknowledge that this Agreement does not create a partnership or joint venture between them, and is exclusively a contract for service.
Autonomy
- Except as otherwise provided in this Agreement, Bread & Butler will have full control over working time, methods, and decision making in relation to provision of the Services in accordance with the Agreement. Bread & Butler will work autonomously and not at the direction of the Client. However, Bread & Butler will be responsive to the reasonable needs and concerns of the Client.
Equipment
- Except as otherwise provided in this Agreement, Bread & Butler will provide at the Caterer’s own expense, any and all foods and menu items, utensils, cutlery, tableware, napkins, workwear, and any other supplies necessary to deliver the Services in accordance with the Agreement.
No Exclusivity
- The Parties acknowledge that this Agreement is non-exclusive and that either Party will be free, before or after the Event, to engage or contract with third parties for the provision of services similar to the Services.
Notice
- All notices, requests, demands or other communications required or permitted by the terms of this Agreement will be given in writing and delivered to the Parties at the following addresses:
- info@breadandbutler.co.uk
Bread & Butler
London
or to such other address as either Party may from time to time notify the other.
Indemnification
- Except to the extent paid in settlement from any applicable insurance policies, and to the extent permitted by applicable law, each Party agrees to indemnify and hold harmless the other Party, and its respective affiliates, officers, agents, employees, and permitted successors and assigns against any and all claims, losses, damages, liabilities, penalties, punitive damages, expenses, reasonable legal fees and costs of any kind or amount whatsoever, which result from or arise out of any act or omission of the indemnifying party, its respective affiliates, officers, agents, employees, and permitted successors and assigns that occurs in connection with this Agreement. This indemnification will survive the termination of this Agreement.
Modification of Agreement
- Any amendment or modification of this Agreement or additional obligation assumed by either Party in connection with this Agreement will only be binding if evidenced in writing signed by each Party or an authorised representative of each Party.
Time of the Essence
- Time is of the essence in this Agreement. No extension or variation of this Agreement will operate as a waiver of this provision.
Assignment
- Bread & Butler will not voluntarily, or by operation of law, assign or otherwise transfer its obligations under this Agreement without the prior written consent of the Client.
Entire Agreement
- It is agreed that there is no representation, warranty, collateral agreement or condition affecting this Agreement except as expressly provided in this Agreement.
Enurement
- This Agreement will enure to the benefit of and be binding on the Parties and their respective heirs, executors, administrators and permitted successors and assigns.
Titles/Headings
- Headings are inserted for the convenience of the Parties only and are not to be considered when interpreting this Agreement.
Gender
- Words in the singular mean and include the plural and vice versa. Words in the masculine mean and include the feminine and vice versa.
Governing Law
- This Agreement will be governed by and construed in accordance with the laws of England.
Severability
- In the event that any of the provisions of this Agreement are held to be invalid or unenforceable in whole or in part, all other provisions will nevertheless continue to be valid and enforceable with the invalid or unenforceable parts severed from the remainder of this Agreement.
Waiver
- The waiver by either Party of a breach, default, delay or omission of any of the provisions of this Agreement by the other Party will not be construed as a waiver of any subsequent breach of the same or other provisions.
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