SERVICE AGREEMENT
RECITALS
- The Company is the Master Caterer and Event Manager, being a panel and contract caterer on behalf of and for Venues, Facilities, Sites and Event organisers stated in this agreement and the successive agreement accepted by the Vendor from time to time.
- The Company have been engaged by venues, facilities, sites, third party company and/ or event organisers for the purposes of being the master caterer for events and ongoing catering service provision and/or event management, activations, event productions.
- The Vendor has been engaged by the Company to provide food and/ or beverage services either by commercial retail or catering services for the event and services required by the venues, facilities, sites and event organisers.
- The parties agree to enter into an exclusive service agreement.
- The parties add the following terms and schedule to the Services Agreement as they relate the licensee providing the Services during event on site.
THE PARTIES AGREE as follows:
DEFINITIONS AND INTERPRETATION
In this Agreement:
Catering Conditions means the terms and conditions for providing food and beverage catering services at the Event. The current conditions are set out in the Schedule to this Agreement.
Site means venues, facilities and event organisers.
Event means all events and activities that are held at the precinct of the site/s.
Service means the provision of high-quality food and beverage services to third parties or client/s of the Company on behalf of the Company.
Outlet means the provision of catering unit for the purpose of commercial retail or catering services including but not limited to food truck, food cart, pop-up marquee and food stall.
Exclusive means non-competition, non-circumvention and non-disclosure from the Vendor which extends to obligation of the Vendor to work under the Company in providing services to the Site for events.
In this Agreement:
- (a) a reference to party to this Agreement, and a reference to a party to a document includes the party's executors, administrators, successors and permitted assigns and substitutes;
- (b) a reference to a person includes a natural person, partnership, body corporate, association, governmental or local authority or agency or other entity;
- (c) the meaning of general words is not limited by specific examples introduced including, for example or similar expressions;
- (d) unless a contrary intention appears:
- (i) a reference to this Service Agreement or another instrument includes any variation or replacement of either of them;
- (ii) the single includes the plural and vice versa; and
- (iii) an agreement, representation or warranty on the part or in favour of two persons binds or is for the benefit of them jointly and severally
- (e) headings are inserted for convenience only and do not affect the interpretation of this Service Agreement.
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OPERATIONAL AGREEMENT
1.1. The Contractor must offer and display beverages for sale. Selling of exclusive beverage products purchased from the company is mandatory (RRP will be set). No sampling is allowed. Permissible brands of beverages may be restricted due to commercial arrangement. The Company will inform the contractor prior to start of each event.
1.2. As per our Sustainability and Environmental commitment and consistency of our practice, each vendor must use biodegradable and environmentally-friendly packaging products purchased from the company for both food and beverage service. The practice of reusable, recyclable and waste-minimisation initiatives must be exercised during event participation.
1.3. No Contractor is permitted to trade and to promote brands and/ or companies which conflict with official sponsors, events or event partners of the events.
1.4. No materials, display items, waste materials or objects owned by the Vendor are to be placed outside the confines of the vehicle/ stall.
1.5. Contractor must remain open for trading unless under exceptional circumstances, such as bad weather and following direction from the organiser, the Contractor may be allowed to close earlier. As all fees have been taken in consideration of average throughout the event hence all fees are non-refundable.
1.6. Contractor shall be responsible for any damage to but not limited to event infrastructure, buildings, footpaths, pavement etc.
1.7. Dangerous or harmful merchandise are banned. Any Vendor not complying with this condition will be removed from the Event.
1.8. Each Contractor is required to keep the site surrounding the vehicle/ stall clean at all times and must remove all waste and garbage from the surrounding event site. Automatic penalty equal to full bond fee will be charged.
1.9. Unless paid and specified on the Event Agreement and Order Form, no electricity or generator or cold refrigeration will be supplied by the Company.
1.10. All equipment including but not limited to electrical appliances, fire extinguishing appliances and gas cooking equipment used in the vehicle/ stall must have current tags showing they are valid and have been tested 30 ( thirty) days prior to the event day by qualified electricians, plumbers, gas fitters or fire services company.
1.11. The Contractor acknowledges that the Event fees or the fees for the right to trade at the event are the full payment of fees stated on the Fees agreement or on the invoice AND is the greater of the following amount: (a). The daily minimum event fee (b). 22%+GST of vendor's total gross turnover of all sales. The Vendor agrees that the daily minimum event fee is non-refundable and must use the provided Point of Sale and/ or Merchant terminal devices supplied by the company. The Vendor must return all POS equipment back to the company at the end of each trading day in working condition or otherwise $1200+GST automatic replacement cost will be charged.
1.12. Each Contractor is responsible under the Work Health and Safety Act 2011 and its regulations to ensure the health, safety and wellbeing of all who come in contact with the vehicle/ stall site.
1.13. Each Contractor must comply with all relevant laws, Australian Standards, regulations and guidelines that are applicable to the Event including Work Health & Safety legislation and food safety requirements set by Council Health Unit where the event operates.
1.14. The Contractor is responsible for the safety of staff, crew, suppliers, other agents involved; for their own personal security and property; for their own cash handling management; for any injury or damage to person or property that occurs during the event/s which arises from the Contractor’s own fault, act or omission.
1.15. If any strike, act of God, inclement weather, or any other event beyond the reasonable control of you or us, which prevents the Vendor from occupying the Site for the licence period in full or in part, then it will be at the risk of the Contractor, and the Organiser will not be obliged to refund any part of the Fee to the Contractor.
1.16. The Company accepts no responsibility for any damage or injury to any Vendor’s personnel, equipment or property before, during or after the Event. The Contractor releases the Company and any other agents involved, from any claims, actions or losses arising from the Vendor’s own fault, act or omission during participation in the event/s.
1.17. The Contractor agrees that strict penalty of $1000+GST will be applied for each offence at each time for non-compliance of the items set out in this Operational Agreement.
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OBLIGATIONS OF THE CONTRACTOR
The Contractor will at all times in relation to providing and/or proposing to provide, the Service to the event:
- ensure that it is a caterer | food business registered with the New South Wales Food Authority
- ensure the Service is of a high quality with high quality equipment and supplies and is provided safely and efficiently at all times;
- be solely responsible for operating the Service;
- ensure the operation of the Service complies with the laws of all Australian and applicable international jurisdictions including without limitation, all industrial relations legislation, food law, occupational health and safety legislation and discrimination legislation;
- ensure all waste in connection with the provision of the Service at the Event is disposed of in appropriate bins (ie cardboard/paper, glass/plastic, organic material and general waste) located at the Event and that the premises used by the Vendor to provide the Service is left empty, clean and tidy at the end of the Event;
- accept and comply with the Catering Conditions;
- supply all equipment, products and labour sufficient to serve high volume amd to deliver scope of work, ready to eat menu items, including (but not limited to) the following:
- Cold storage and display equipment
- Hot storage and display equipment
- Tables, benches
- Preparation and cooking equipment and utensils
- Point of Sale system
- Plan of Management
- Menu
- Staffing (Kitchen and Front of House)
- Hand wash stations (warm water), liquid hand-wash and food-grade sanitizer
- will be required to report on the following:
- Total retail sales
- Total units of each menu item sold
- Incidents (injuries, food safety, customer feedback including complaints)
- is required to demonstrate an ability to produce and serve a minimum servings of total menu items within the required service period or trading times and event hours as specified for each event and sites.
- must be operational ready for service at the specified and agreed time. All staff must be neatly presented and in uniform. Unless otherwise specified by the Company you are permitted to wear your own branded uniform.
- must have a Food Safety Supervisor on site for the duration of the food service
- is required to enter into a supply agreement with the Company, which requires the following:
- Business registration details
- Food Safety Supervisor Certification (including Food Safety Supervisors Certificate)
- Public and Product Liability Insurance
- Workers Compensation Insurance
- Mobile Food Vending Permit
- Temporary Food Stall Certification
- Plan of Management
- Menu
- commits and agrees to the commercial terms set out in schedule of each site and event, including but not limited to:
- Site Fee: The Vendor must pay the site fee set out by the Company to provide the services.
- Gross Sales Report: The Vendor must provide proof of sales to the Company by way of a Z-Read post event along with gross sales by default 17:00 PM EST on the following day for each trading
- Commission: The Vendor agrees and must pay all the fees, charges and commission in full by the time set out in each schedule. Unless otherwise set out for particular site or event, the default commission is 22%+GST from gross sales commission.
- acknowledges that the Vendor will be entitled to provide services at the site, and any beverage sales will need to follow the instruction under the Company and to comply with site contractual arrangement with beverage suppliers or sponsors be sold by the Vendor.
- appoint a dedicated point of contact for the Company in relation to the Service.
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WARRANTIES
3.1 Each party warrants to the other party that:
- (a) it possesses and will deploy the skills and experience necessary to perform its obligations under this Agreement;
- (b) it will comply with all laws, regulations and licence requirements that apply to the performance of its obligations under this Agreement;
- (c) it has the authority to enter into and perform its obligations under this Agreement; and
- (d) this Agreement constitutes the legal, valid and binding obligation, enforceable in accordance with its terms.
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INDEMNITY
4.1 The Vendor acknowledges and agrees that it will be the one of the Vendors whom provide the Service to the Event.
4.2. The Vendor will be liable for and will indemnify the Site, the Event and the Company against any loss, damage, cost, fine or expense relating to any environmental or site damage incurred at the Site, arising from or in connection with the Vendor performing the Services, including any damage caused by vehicles or chemical or oil contamination spills, at the Site.
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INSURANCE
5.1 The Vendor must provide evidence of:
5.1.1. public and product liability insurance with a minimum cover of $20 million
5.1.2. workers' compensation insurance in respect of all its employees and sub-Vendors as
required by law.
5.1.3. Safe work method statement
5.2 The Vendor must provide evidence of its compliance at least 30 (thirty) days before the start of the Event.
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GENERAL
6.1. CONFIDENTIALITY
Each party shall treat as confidential all information regarding the business or affairs of the other party that comes into its possession as a result of or in the performance of this Agreement. Each party agrees to take reasonable precautions to prevent any unauthorised use, disclosure, publication or dissemination of the confidential information of the other party. Neither party shall disclose confidential information of the other party to any third party without the written permission of the other party, unless required to do so by law or applicable listing rules. The operation of this clause shall survive the termination of this Agreement.
The Vendor shall not disclose to any third party any details regarding the Company’s business, commercial terms, the content of the Service Agreement, including, without limitation any information regarding any of the Company’s customer information, business plans, or price points (the “Confidential Information”), (ii) make copies of any Confidential Information or any content based on the concepts contained within the Confidential Information for personal use or for distribution unless requested to do so by the Company, or (iii) use Confidential Information other than solely for the benefit of the Company.
Immediately upon termination of the relationship between the Company and the Vendor, the Vendor shall return to the Company any documents pertaining to the Company’s business or any of its trade secrets which are in the Vendor’s possession.
6.2. EXCLUSIVITY
The Vendor acknowledges and agrees that the Company is the exclusive entity in providing its services to the sites and events. The Vendor agrees that any queries, correspondences, communications initiated by the Sites and/ or the events that the companies have its existing or prior dealing, contract or arrangements, will be directly forwarded to the Company. The Vendor agrees that provision of the Vendor’s service to such sites and events will be strictly under the services provided and arrangement by the Company.
6.3. NON-CIRCUMVENTION
The Vendor shall not directly or indirectly circumvent, avoid, by-pass or obviate the Master Caterer’s relationship with any Third Party, nor the Vendor shall directly or indirectly contact, deal with, transact with or otherwise be involved with any Third Party.
6.4. NON-COMPETITION
The Vendor shall not directly or indirectly compete, contact, create and arrange any or similar arrangement or provision of service to the site and the venues arranged by the Master Caterer.
6.5. ADDRESS
The address of each party as referred to in this Agreement shall be the address of that party for service of notices or other communications hereunder which may be effected by personal delivery or by post, and if by post the date of service shall be deemed to be the day after the day of posting. Any variation of this Agreement will be in writing and signed by each of the parties.
6.6. APPLICATION OF THE AGREEMENT
This agreement is applied for all the events that are conducted by the Company. It is duties of the Contractor to disclose and update any information and compliances including but not limited to Certificate of Currency, Certificate of Compliance and updated renewal of compliances.
