A licensed Catering Establishment (having a New York on-premises retail license to serve alcoholic beverages) that wishes to have another food preparer provide the food must have the service agreement in writing. Below is a sample agreement that could be used.
Sample Catering Agreement
Whereas Establishment offers catered events for its customers, and wishes to cooperate and support the licensed food establishments in the area, NY by purchasing and offering food from these establishments (“Caterer”) for catered events at Establishment, Establishment and Caterer agree as follows:
1. Duties of the Caterer:
a. Caterer agrees to provide pre-ordered food to Establishment for events. The food will be delivered in ready to serve disposable containers prior to commencement of the event. Disposable tableware shall also be provided by the Caterer. It is understood that this requirement is to satisfy the Health Department requirements for Establishment to serve food with a food preparation area and not a full kitchen facility.
b. Service shall include preparation and service of the food items such as those in Attachment “A” or groups of 50 patrons, if needed.
c. All bills for service of the food shall be presented to and paid directly by Establishment. It is understood that the New York Liquor Authority requires that Establishment must collect all money for food served at the event from the customers and that the customers cannot directly order or pay for food from the Caterer.
d. Caterer represents to Establishment that its food establishment is licensed with the State of New York and is in compliance with applicable County Health Department rules and regulations.
e. Caterer maintains a general liability insurance policy that covers catered food consumed off premises.
2. Duties of the Establishment:
a. Establishment agrees to provide a suitable facility (licensed by the Health Department and New York State Liquor Authority) for Caterer to perform duties required for the number of guests expected. Establishment agrees to arrange for, or personally provide access to said facility to accommodate the reasonable set-up and preparation prior to the event.
b. Establishment acknowledges responsibility for any and all liability arising from rental and use of its facility by its patrons and guests, provided that it is not a direct result of the Caterer’s activities.
c. Establishment acknowledges liability for any damage to any of the Caterer’s rental equipment used during the course of the event.
d. Establishment agrees to full responsibility of all financial arrangements for paying Caterer for food, supplies and services provided. Establishment agrees to pay the Caterer all monies due and payable no later than 5 days following the scheduled event, unless otherwise agreed upon by Establishment and the Caterer in writing.
e. In sufficient time for Caterer to fulfill a catering order in advance of a catered event at Establishment, Establishment will place an order and provide Caterer with the following event details: date of event, Establishment estimated guests count and Guests with special dietary needs
3. Miscellaneous: Failure of either Establishment or Caterer to comply with the agreements set forth in this Catering Agreement shall make the party liable for damages to the affected party. Any claim by either party for such damages shall be presented in writing to the other party within 15 days past the event date. Both parties agree to obtain an arbitrator or mediator should a dispute arise. Establishment and the Caterer hereby consent to and agree that the venue is proper in the County of Onondaga in the State of New York. The terms of this Catering Agreement shall be binding upon the heirs and assigns of both parties and may only be changed in writing signed by both parties and cannot be charged orally, rather, only by a written amendment signed by both parties.
Executed in duplicate on this ________ day of February, 2013.