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The Service Agreement - Food Services is a document that outlines the terms and conditions between the servicer and the customer for the provision of food services. This agreement is important as it establishes the rights and obligations of both parties and ensures that the services are provided in a professional and diligent manner.
The entire document is divided into several sections, each addressing different aspects of the agreement. The first section, titled 'Interpretation', provides definitions for key terms used throughout the agreement. This ensures clarity and avoids any misunderstandings.
The second section, 'Servicer's Obligations', outlines the responsibilities of the servicer. It specifies that the services will be provided at a specific location and that the servicer will make best efforts to deliver the services in accordance with the agreement. It also emphasizes the importance of compliance with laws and regulations.
The third section, 'Completion of the Work', highlights the importance of timely completion of the services. It states that time is of the essence and that the services should be completed by the agreed completion date. It also addresses the consequences of non-completion, including the entitlement of the customer to liquidated damages.
The fourth section, 'Staff', specifies that the servicer will assign food service personnel to perform the services. It also allows for the substitution of employees if necessary.
The fifth section, 'Service Fees', outlines the payment terms for the services. It specifies the amount of the service fee, the invoicing process, and the due date for payment. It also addresses any additional expenses that may be incurred by the servicer.
The sixth section, 'Cancellation', establishes the procedures for canceling the agreement. It states that a minimum notice period must be given to avoid a late cancellation fee.
The seventh section, 'Laws and Permits', requires the servicer to obtain all necessary licenses and permits for providing the services. It also emphasizes compliance with health department regulations.
The eighth section, 'Background Checks', affirms that the servicer's employees have undergone comprehensive background checks and do not have any criminal history.
The ninth section, 'Licenses and Insurance', requires the servicer to obtain the necessary licenses and maintain appropriate insurance coverage.
The tenth section, 'Warranties and Indemnities', outlines the servicer's obligations to promptly notify the customer of any delays or problems and to rectify any defects in the provision of services. It also establishes the servicer's liability for personal injury or death arising from the services.
The eleventh section, 'Term and Termination', specifies the duration of the agreement and the conditions for termination by either party. It also addresses the consequences of termination, including the return of any confidential information.
The twelfth section, 'Ownership of Materials', states that materials and goods provided for the services become the property of the customer. It also addresses the ownership of intellectual property developed under the agreement.
The thirteenth section, 'Confidential Information', establishes the servicer's obligation to maintain the confidentiality of the customer's information and return it upon termination of the agreement.
The fourteenth section, 'Announcements / Publicity', requires the parties to obtain approval from each other before making any announcements or disclosures related to the agreement.
The fifteenth section, 'Amendment', states that any variations to the agreement must be in writing and signed by the parties.
The sixteenth section, 'Assignment', prohibits the servicer from assigning the agreement or subcontracting without the customer's consent.
The seventeenth section, 'Severability', addresses the invalidity or unenforceability of any provision in the agreement and the parties' obligation to negotiate a valid substitute provision.
The eighteenth section, 'Further Assurance', requires the parties to perform any further acts or execute additional documents necessary to implement the agreement.
The nineteenth section, 'Warranty of Capacity and Power', includes representations and warranties by each party regarding their authority and capacity to enter into and perform the agreement.
The twentieth section, 'Force Majeure', relieves the parties from liability for failure or delay in performing their obligations due to causes beyond their control.
The twenty-first section, 'No Rights Under Contracts for Third Parties', clarifies that only the parties to the agreement have rights under it.
The twenty-second section, 'Arbitration and Proper Law', encourages the parties to resolve disputes amicably and specifies the proper law governing the agreement.
The twenty-third section, 'Notices and Service', provides instructions for serving notices between the parties.
The twenty-fourth section, 'Counterparts', allows the agreement to be executed in multiple counterparts, with each counterpart considered an original.
This detailed description provides a comprehensive overview of the entire document, highlighting the importance and significance of each section.
1. Enter the Contractor's and Customer's information in the agreement, including their principal place of business. This ensures that both parties are clearly identified.
2. Clearly specify the agreed price and completion date of the work to be carried out by the Contractor. This will ensure that both parties are aware of the expectations and deadlines.
3. Clearly describe the type(s) of services to be provided by the Contractor. This ensures that both parties are aware of the scope of work and can avoid any misunderstandings.
4. Both parties should agree on the length of warranty and time of payment after the completion of the work. This ensures that both parties are aware of the payment terms and the length of the warranty.
5. If the work is not completed by the completion date, specify the amount of damages per week that the Customer is entitled to. This ensures that both parties are aware of the consequences of non-completion.
6. The servicer shall assign and send food service personnel to the event to perform the services. The servicer reserves the right to change any employee assignment and substitute another employee at any time for any reason whatsoever.
7. The employee(s) shall not consume or use alcohol, narcotics, or any other controlled substances while performing the services. They are entitled to breaks and lunch breaks according to the specified schedule.
8. In consideration for the services rendered, the customer shall pay the servicer a service fee according to the specified schedule. The servicer will invoice the customer prior to the payment date.
9. The servicer may incur certain expenses that are not included in the service fee. They must keep an exact record of these expenses and submit an invoice itemizing each expense with proof of purchase and receipt.
10. If any expense exceeds a certain limit, the servicer must obtain the customer's written consent before incurring the expense.
11. In case of cancellation, a minimum notice period must be given to avoid a late cancellation fee. Any cancellation made by a party less than 3 days prior to the performance of the services will result in a cancellation fee.
12. The servicer shall obtain all necessary licenses, permits, and permissions to provide the services. They must comply with all rules and regulations of state and local health departments.
13. The servicer affirms that its employees have undergone comprehensive background checks and have no criminal history. They also affirm that no employee is listed on any sex-offender registry.
14. The servicer shall obtain the necessary licenses and maintain insurance coverage for liability arising from the services.
15. The servicer shall promptly notify the customer of any delays, problems, or complaints related to the provision of services. They shall use their best endeavors to rectify any defects in the provision of services.
16. The agreement shall be effective for a specified period or until the completion of the services. Either party may terminate the agreement with prior written notice under certain circumstances.
17. All materials and goods provided for the services become the property of the customer. Any intellectual property developed under the agreement belongs to the customer.
18. The servicer must maintain the confidentiality of the customer's information and return it upon termination of the agreement.
19. Any announcements or disclosures related to the agreement require prior written approval from the other party, unless mandated by law.
20. Any variations to the agreement must be in writing and signed by the parties.
21. The servicer is not allowed to assign or subcontract the agreement without the customer's consent.
22. If any provision of the agreement is held to be illegal or unenforceable, the parties shall negotiate a valid substitute provision.
23. The parties must perform any further acts or execute additional documents necessary to implement the agreement.
24. Each party represents and warrants their capacity and power to enter into and perform the agreement.
25. The parties shall not be liable for failure or delay in performing their obligations due to causes beyond their control.
26. Only the parties to the agreement have rights under it.
27. The parties are encouraged to resolve disputes amicably, and the proper law governing the agreement is specified.
28. Follow the instructions for serving notices between the parties.
29. The agreement may be executed in multiple counterparts, with each counterpart considered an original.