Catering Agreement:
This CATERING AGREEMENT is entered into this ___ day of ____ (Month) 2016 by and between _____
(Client Name), hereinafter referred to as the “CLIENT” and Incendiary, Inc. DBA Divine Catering,
hereinafter referred to as the “CATERER”.
Particulars
WHEREAS the CLIENT will have an event/function described as follows:
Event/Function Name:
Location:
Date:
Guest Count:
WHEREAS the CATERER is a duly and registered licensed catering company.
WHEREAS the CATERER agrees to provide catering service for CLIENT’S above stated event/function.
NOW THEREFORE both parties bind themselves and agree as follows:
1. DEPOSIT:
Fifty percent (50%) of the estimated contract cost of ____ is due and demandable at the time of
booking, to be deducted from the Total Final Payment, unless other prior arrangements have
been made. All deposits are non-refundable. (initial _____)
2. FINAL PAYMENT:
Final Payment will be due and demandable on or before the Friday, at least seven (7) days,
prior to the event date, by 12:00 noon. If not otherwise arranged, balance will be processed at
this time using payment method on file. Payment terms are available upon request. (initial
_____)
3. MENU:
Menu Selections are due and demandable on or before the Friday, at least thirty (30) days prior
to the event date, by 12:00 noon. Late menu submissions are subject to product availability
and/or upcharge. Changes to a menu made less than thirty (30) days prior to the event date, are
subject to a fee based on the discretion of CATERER. (initial _____)
4. COST:
Due to the fluctuating cost of food items, menu prices are subject to change within thirty (30)
days of the event. When a drastic change in the menu ingredient cost occurs, CLIENT will be
informed by the same thirty (30) days and has two options:
4.1. CLIENT will pay the additional cost based on the current adjusted price, or
4.2. Substitute other menu items to maintain the agreed upon cost per person/item.
(initial _____)
5. PAYMENT METHOD:
Divine Catering Agreement – created 11/2015

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We accept cash, check, and all major debit/credit cards. Regardless of payment method, a valid
debit/credit card is required to be on file from time of booking.
5.1 Check payments are due on or before the Friday, at least seven (7) days, prior to the event
date. If CATERER does not receive the check by the specified time, the debit/credit card on file
will be charged the remaining balance due.
5.2 Cash payment discount available upon request and by discretion of CATERER. (initial _____)
SERVICE CHARGE:
There will be an eighteen percent (18%) Service Charge for all events/functions, unless
otherwise specified. This service charge is an operating cost to cover insurance, advertising,
admin staff, trucks maintenance, fuel to get to events, and other general operating costs. This
service charge is NOT gratuity for event/function staff. (initial _____)
EVENT STAFF GRATUITY:
Event staff gratuity is NOT included in CLIENT’S event/function invoice. At the CLIENT's
discretion, gratuity for Divine Catering staff working event/function is appreciated and can be
given directly to event service staff at the close of event/function. You may also contact
CATERER before or after event to arrange payment of gratuity in another form. (initial _____)
GUEST COUNT:
Final Guest Count, not subject to reduction, is due the Friday at least seven (7) days, prior to
the event date, by 12:00 noon. Any additional Guest after the stated period is subject to extra
charges as may be imposed by the CATERER.
8.1 Guest count, from time of booking to guest count due date (see section 8), is only subject to
a twenty-five percent (25%) reduction rate. Regardless of headcount reduction beyond this
point, CLIENT is responsible for the difference. (initial _____)
GUEST COUNT OVERAGE:
CLIENT will only be charged for the guaranteed number of guests served. If there are a
significant amount of attendees over the guaranteed guest count, the CATERER will charge the
CLIENT accordingly and by the discretion of the CATERER. CATERER is not responsible for an
insufficient food quantity if there are attendees over the guaranteed guest count. (initial _____)
CHILDREN:
Children under the age of five (5) are free of charge, unless CLIENT wishes to provide
service/seating for them. Children six and up (6 and up) are charged regular price. Please advise
CATERER of significant number of children under the age of five (5) in attendance. (initial
_____)
FOOD QUANTITY:
Entrée portions are based off of two (2) entrees within specified menu. Lunch portions are 3oz
per entrée with a total of 6oz per person. Dinner portions are 4oz per entrée with a total of 8oz
per person. Portions may vary for menus that include three (3) or more entrée selections.
11.1 WEDDINGS:
CATERER will prepare between five to ten percent (5-10%) of overage based on the final number
of guest count registered by CLIENT. Part of this overage is to include food for the staff and/or
service providers. CLIENT will not be charged for this.
11.2 LEFTOVERS:

Divine Catering Agreement – created 11/2015

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In accordance with appropriate Health Codes, CATERER reserves the right to discard any leftover
food items, after the agreed upon event timetable, where there is a reasonable risk for food
borne illness to occur. (initial _____)
BEVERAGES:
CLIENT assumes the right and responsibility to provide all or part of the bar/beverage supplies
and/or service as per venue guidelines and previous agreements with CATERER. CATERER is
never liable for any bar/alcohol related incidents when service is being provided by any party
other than a Divine Catering OLCC Licensed CATERER exclusively. CATERER may also provide
beverage service or Bar Support as previously agreed upon in writing. When CATERER is
responsible for hosting the bar, no outside alcoholic beverages are permitted to be opened or
served by any party other than an OLCC licensed CATERER. CATERER has the exclusive right to
cease alcohol service and shut down the bar if CATERER finds that any attendees have illegally
brought in/opened/served alcohol outside of a hosted bar with an OLCC Licensed CATERER.
Fines may be imposed if this guideline is not met. (initial _____)
TIME:
CLIENT will be billed for additional staff hours for any time extension beyond the prior agreed
upon time.
13.1 HIRED STAFF HOURS – CLIENT will be charged $50 per hour for any additional service
that exceeds agreed upon timeframe.
13.2 WEDDINGS – From the time CATERERS arrive onsite to the time of departure, staff hours
must not exceed eight (8) hours. Any additional service will be charged at $100 per hour.
(initial _____)
CHANGE OF EVENT DATE or VENUE:
CATERER will apply the entire balance of CLIENT’s deposits and prepayments towards another
event, subject to CATERER’s availability. All costs are subject to change. (initial _____)
RENTALS:
CATERER may provide all or part of the rental items for the event. However, certain items may
incur restocking and/or cancellation fees. If CATERER arranges rentals, for the CLIENT, through a
rental company, CLIENT’s charges will be included on their invoice. Any loss or damage to any
rentals will be billed to CLIENT after the event. (initial _____)
STORAGE:
Prior approval from CATERER is required for any storage service at Divine Catering property
before or after the event/function. Fees may apply. (initial _____)
ASSIGNABILITY:
This contract is not assignable without the prior written consent from the CATERER. (initial
_____)
CANCELLATION BY: CLIENT / VENUE / ACTS OF GOD:
18.1. If the event is canceled, more than seven (7) days in advance from the event date, all
prepayments and deposits are eligible to be used as a credit towards an event in the CLIENT’s
future.
18.2. If the event is canceled, within seven (7) days of the event date, all deposits and payments
are forfeited in full unless otherwise agreed upon under extreme circumstances. (initial _____)
CANCELLATION BY CATERER:
CATERER reserves the right to terminate this contract for any valid reason.

Divine Catering Agreement – created 11/2015

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19.1. IF CATERER terminates this contract before thirty (30) day period prior to the event date,
all deposits and prepayments will be returned in full within ten (10) days.
19.2. IF CATERER terminates this contract within the thirty (30) day period prior to the event
date, all deposits and prepayments will be returned in full within ten (10) days as. (initial _____)
DAMAGE:
20.1. CATERER assumes no responsibility for ANY damage or loss of merchandise, alcohol,
equipment, furniture, clothing or other valuables prior to, during or after the event. CATERER
will do everything possible to ensure that all of CLIENT’s supplies, rentals and equipment are
cared for and maintained in good working order and without damage.
20.2. When providing the location for the event/function, the CLIENT, understands that
accidents/breakage and/or damage may sometimes occur. CATERER will not be liable for any
damage or loss, unless specifically caused by the willful negligent actions or conduct of CATERER
or its staff. (initial _____)
CATERER LIABILITY:
CLIENT absolves CATERER from any third party claims, except for actions caused by CATERER
and/or negligence of its staff. For such claims refer to CATERER’s insurance policy.
21.1 CATERER reserves the right to make executive decisions in order to follow prior agreed
upon arrangements and ensure best practices and procedures for catering success. (initial
_____)
INSURANCE:
CATERER is a fully licensed and insured company in all aspects. CATERER’S policy includes
Alcohol/ Liquor Liability Insurance. Specifics available upon request. (initial _____)
UNLAWFUL ACTIVITIES:
The CLIENT will comply with all the laws of the United States of America and the State of
Oregon, all municipal ordinances and all lawful orders of police and fire departments, and will
not do anything on the event/function premises in violation of any laws, ordinances, rules or
orders. If unlawful activities should occur on the premises, and the event is cancelled, there will
be no refund of any kind from CATERER to CLIENT. (initial _____)
AMENDMENT AND SUPPLEMENT:
Any amendment and supplement to this Agreement shall come into force only after a written
agreement is signed by both parties the Friday, at least seven (7) days, prior to the
event/function date. The amendment and supplement duly executed by both parties shall be
part of this Agreement and shall have the same legal effect as this Agreement. (initial _____)
GOVERNING LAW:
This Agreement shall be governed by and construed in accordance with the laws of the USA.
IN WITNESS THEREOF the parties hereto have caused this Agreement to be duly executed on
their behalf by a duly authorized representative as of the date first set forth above. (initial
_____)
____________________________________
Printed Name of CLIENT

_______________________
Signature of CLIENT

__________
Date Signed

Witnessed/Approved By: _____________________________ Date Approved: ______________
Divine Catering Coordinator

Divine Catering Agreement – created 11/2015