CATERING AGREEMENT BETWEEN: ( the Club ) AND: trading as. ( the Caterer ) RECITALS:

Transcription

1 CATERING AGREEMENT

2 CATERING AGREEMENT BETWEEN: ( the Club ) AND: trading as ( the Caterer ) RECITALS: The Club agrees to engage the services of the Caterer to cater for its patrons and guests and the Caterer agrees to provide its catering service to the Club at the clubhouse upon the terms and conditions contained in this Agreement. THIS AGREEMENT WITNESSES: 1. CATERING SERVICES 1.1 The Club hereby engages the services of the Caterer to provide catering services to the Club at its clubhouse and the Caterer hereby agrees to provide those services for the Club. 2. TERM OF ENGAGEMENT 2.1 The tenure of this agreement is for a period of four years being from 20 th September 2011 ( the commencement date ) to the 19 th September 2015 ( the expiration date ). 2.2 This term may be extended for a further period of 24 months upon the Caterer giving the Club notice in writing of his/its desire to extend the term not less than 3 months before the expiration date and upon the Club agreeing to the extension. 2.3 Should the Caterer not give the required notice and the Club not give its consent to the extension then the term shall cease and the agreement shall end on the expiration date.

3 2.4 Nothing however shall prevent this agreement being renewed or varied at any time by agreement in writing between the parties. 3. CLUB S DUTIES The Club must: allow the Caterer, its servants and agents to use the clubhouse kitchen, equipment and dining facilities at all reasonable times to provide the Caterer s services; make available to the Caterer the Club s kitchen utensils and equipment, crockery and cutlery, and tables and chairs as are presently held on the premises by the Club; maintain all kitchen equipment in good condition; provide and pay for the supply of gas, electricity, telephone (except for eftpos facilities), waste disposal and water for the catering operation; make available to the Caterer sufficient room and tables for the provision of meals as may be required by members and visitors. The amount of space and the number of tables that are available for catering services shall be at all times within the discretion of the Club; allow the Caterer to retain the monies earned by the Caterer in providing its services; not permit any other caterer to supply food and like refreshments within the clubhouse and its immediate environs during the term of the agreement excluding the operation of the pro shop. The Club reserves the right to allow its own members to self-cater during the term of the agreement and with prior notice to the Caterer. 4. CATERER S SERVICES The Caterer must: supply at reasonable prices such meals, snacks food and drink (except those drinks sold from the Club bar) as may be reasonably required by the Club, its members and its visitors; ensure that all such meals and snacks are of high quality and are fit for human consumption; ensure the adequate and proper cleanliness of the kitchen, the kitchen utensils and equipment, the crockery and cutlery and the tables and chairs used in the Caterer s services; ensure that the clubhouse kitchen, equipment and facilities are kept in such a condition as to lawfully comply with all requirements as stipulated by government statute, municipal bylaws or other statutory authority so as to continue the registration of the premises as an approved food premises; without limiting the preceding paragraph, comply with the requirements covering food safety programs in respect of the

4 services provided by the Caterer, including the use of the Clubs Victoria/AHA food safety program and the compliance with the program for the services; provide a sufficient number of workers having regard to the number of persons to be served with meals and snacks, and ensure that such workers and all other persons engaged by the Caterers to do any work for them in the clubhouse will provide professional service and hospitality and be groomed and presented in an appropriate manner; ensure all staff employed by the Caterer are employees of the Caterer and shall not at any time be deemed to be servants or agents of the Club. The Caterer will follow all reasonable directions given by the Club through its Manager and President and ensure that their staff follow such directions. All directions given by the Manager and President shall be to the Caterer; ensure that all staff employed by the Caterer are covered by WorkCover in accordance with the Victorian WorkCover Authority Regulations and shall provide evidence of compliance as may be required by the Club; ensure that staff are adequately trained at all times, know and follow relevant statutory obligations including Food Safety Regulations and are provided with appropriate club uniforms or chefs uniforms as appropriate; pay on demand any additional costs incurred by the Club for the removal of rubbish, waste or garbage generated as a result of the activities of the Caterer; pay to the Club on time each month the rental fee referred to in Section 6 REMUNERATION herein; ensure that any keys to the kitchen or the dining area provided to the Caterer are kept safely by the Caterer, are not copied by the Caterer or any other person without authority of the Club and are returned to the Club immediately upon the termination of this Agreement or upon demand by the Club; advise the Club of any item of Club property that requires maintenance, repair or replacement; observe the Club s policies and procedures in particular those relating to workplace health and safety and participate in regular workplace risk assessments and training as required at the expense of the Caterer; ensure that the open fire in the bistro is lit in the morning during the winter months and other days as required; pay a 50% contribution for repairs and maintenance directly related to kitchen fittings and equipment; ensure a regular / seasonal review of the menu advise the Club on a monthly basis the number of covers served for Lunch and Dinner. Monthly turnover also to be supplied. 5. CATERER S HOURS The Caterer must:

5 5.1.1 provide service 7 days a week between the hours of 12 midday and 8.30 pm or such other times as may be mutually agreed by the Club and the Caterer; and provide service at such other times as may be reasonably required by the Club provided adequate notice is given by the Club whether such times are during daylight hours or in the evening obtain prior approval of the Club Manger or in his absence the Club Duty Manager if the Caterer wishes to cease supplying meals, snacks, tea or coffee before all members and green fee players have completed their rounds of golf. 6. REMUNERATION 6.1 The Caterer shall pay to the Club a rental fee of $ per calendar month plus GST (total $ per month). 6.2 The fee will be paid monthly in advance on the first of each month. 6.3 The rental will be reviewed by the Club annually and increased by an amount not exceeding the CPI at the time of the review and rounded up to the nearest five dollar figure. 6.4 Should rental not be paid within 14 days of the due date as obligated herein without just cause the Club is entitled to terminate the Agreement without further notice to the Caterer and the Caterer must vacate the premises immediately it is requested to do so by the Club. 7. INSURANCES The Caterer must: maintain a public liability insurance policy to a sum not less than $10,000,000 and provide evidence of the currency of such policy to the Club on an annual basis or when asked to do so; and not do or permit to be done anything whereby the policy or policies of insurance on the clubhouse or the fixtures thereof against damage by fire or otherwise may become void or voidable, or whereby the rate of premium thereon may be increased and shall repay to the Club all sums paid by way of increased premiums and all expenses incurred by the Club in or incidental to any policy or policies which shall be occasioned by any breach of this covenant and make good any damage or loss incurred by the Club as a consequence of breaching this clause.

6 8. RELATIONSHIP OF PARTIES 8.1 Nothing contained in this agreement shall constitute the relationship between the parties as being that of partners, joint venturers or as employer/employee and anything to the contrary is herein expressly denied. 8.2 The Caterer must comply with: the Income Tax Assessment Act which requires an employer to pay income tax instalments for its employees; the superannuation guarantee legislation which requires an employer to pay superannuation contributions for its employees; the Work Cover legislation which requires an employer to pay insurance premiums for its employees; and ensure the above legislation covers persons who might not normally be regarded as employees; and ensure any person performing the services under this Agreement is and remains an employee of the Caterer; and ensure all necessary payments for such persons as and when required. 9. INDEMNITY 9.1 The Caterer shall be solely responsible for and shall indemnify the Club against: liability for all loss, damage or injury to persons or property caused, or contributed to, by any actions or omissions of the Caterer, or its employees, agents or sub-contractors; any claim by or any liability in respect of any employee or agent of the Caterer, howsoever arising; any liability arising out of this Agreement; and the amount of all claims, damages, costs and expenses which may be paid, suffered or incurred by the Club in respect of any such loss, damage or injury shall be made good at the Caterer s expense and may be deducted from any monies due or becoming due to the Caterer. 9.2 Although expressly denied if at any time the Club is deemed to be the employer of any person performing the services contemplated by this Agreement the Caterer shall indemnify the Club from any liability for any payments (including penalties) and any losses (including the tax effect of the loss of any tax deductions) incurred by the Club. 10. TERMINATION

7 10.1 Either party to this Agreement may terminate the Agreement for any reason upon giving three (3) months notice in writing to the other party or earlier by mutual agreement in writing Notwithstanding anything else contained in this Agreement, the Club or the Caterer may terminate this Agreement without prior notice if: The other party: (a) (b) (c) (d) (e) (f) (g) (h) commits any serious or persistent breach of any of the provisions of this Agreement; or is guilty of any serious misconduct or willful neglect in the discharge of its duties under this Agreement; or is convicted of any indictable offence; or becomes bankrupt; or takes or tries to take advantage of Part X of the Bankruptcy Act; or makes an assignment for the benefit of its creditors; or enters into a composition or arrangement with its creditors; or is unable to pay its debts when they fall due; or the other party is a corporation and (a) (b) (c) (d) an order is made or a resolution is passed to wind it up except for reconstruction or amalgamation; or goes into liquidation; or is placed under official management; or has a receiver, including a provisional receiver, or receiver and manager of any of its assets, or an administrator appointed; or (e) has an inspector appointed under the Australian Securities Commission Act. 11. ASSIGNMENT 11.1 The benefit of this Agreement shall not be dealt with in any way by the Club or the Caterer (whether by assignment, sub-licensing or otherwise) without the Club s or Caterer s prior written consent. 12. NOTICES 12.1 Notices under this Agreement may be delivered by hand, by registered mail, or by facsimile to the addresses of the parties specified in or notified pursuant to this Agreement Notice will be deemed given:

8 13. GENERAL in the case of hand delivery or registered mail upon receipt by the receiving party or by an officer or other duly authorized employee, agent or representative of the receiving party; in the case of a facsimile, upon proof of completion of transmission Liabilities of parties If any party to this Agreement consists of more than one person then the liability of those persons under this Agreement is a joint liability of all those persons and a separate liability of each of them Waiver The non-exercise of or delay in exercising any right or remedy of a party does not operate as a waiver of that right or remedy, nor does any single exercise of a right or remedy preclude any other or further exercise of it or the exercise of any other right or remedy. A right or remedy may only be waived in writing, signed by the party to be bound by the waiver Rights cumulative The rights and remedies provided in this Agreement are cumulative and do not exclude any rights or remedies provided by law Statutory Covenants Covenants implied by statute are not incorporated in this Agreement, unless the relevant statute provides that certain covenants are to be implied and cannot be excluded by this Agreement Amendment This Agreement may only be amended or supplemented in writing agreed to and signed by both parties Severability Any provision in this Agreement which is invalid or unenforceable in any jurisdiction is to be read down for the purposes of that jurisdiction, if possible, so as to be valid and enforceable, and is otherwise capable of being severed to the extent of the invalidity or unenforceability, without affecting the remaining provisions of this Agreement or affecting the validity or enforceability of this provision in any other jurisdiction No Merger

9 Nothing contained in this Agreement will merge in, extinguish, postpone, lessen or otherwise prejudicially affect any right or remedy which any party or any person claiming through that party now has or in the future may have against any other party or any other person The Club will use its best endeavors to encourage members and visitors to purchase meals from the Caterer The Caterer will attend monthly meetings as required The Club will provide access to the clubhouse at all reasonable times required by the Caterer in order to properly conduct the catering business on the premises It is specifically agreed that no goodwill attaches to this Agreement and if at any time the Agreement is cancelled by the Club the Caterer shall not be entitled to any compensation It is hereby specifically agreed that the provision and sale of alcohol within the Club premises is at all times strictly the business of the Club and at no time will the Caterer ever supply or purport to supply any liquor or other items that are sold by the Club at its bar and its immediate environs. 14. LAW AND JURISDICTION 14.1 Governing Law This Agreement is governed by the law in force in Victoria and any applicable Federal legislation Jurisdiction The parties submit to the non-exclusive jurisdiction of the courts of Victoria and any courts that may hear appeals from those courts in respect of any proceedings in connection with this Agreement or any document contemplated by it. 15. INTERPRETATION 15.1 General In this Agreement, including the recitals, unless the context otherwise requires: a singular includes the plural and vice versa; a reference to an individual or person includes a corporation, firm, partnership, joint venture, association, authority, trust, state or government and vice versa; a reference to any gender includes all genders;

10 16. HEADINGS a reference to a recital, clause, schedule or annexure is to a recital, clause, schedule or annexure of or to this Agreement; a reference to any Agreement or document is to that Agreement or document (and, where applicable, any of its provisions) as amended, notated, restated or replaced from time to time; a reference to any party to this Agreement or any other document or arrangement includes that party s executors, administrators, substitutes, successors and permitted assigns; and where an expression is defined, another part of speech or grammatical form of that expression has a corresponding meaning In this Agreement, including the recitals, headings are for convenience of reference only and do not affect interpretation. DATED THE 30 th DAY OF AUGUST EXECUTED: THE COMMON SEAL of the ) ( ) Was hereunto affixed in accordance with its ) Rules of Association: )... President....Public Officer CATERER AS IN INDIVIDUAL:

11 SIGNED, SEALED AND DELIVERED ) By the said ) ) ) In the presence of:.. Witness CATERER AS A COMPANY: Executed by ) By being signed by those persons who ) are authorized to sign for the company: ) Director s signature:.. Director s signature:.. Full Names:. Full Names:. Address:. Address:..

12 EXTENSION OF CATERING AGREEMENT BETWEEN: ( the Club ) AND: ( the Caterer ) IT IS AGREED that the Agreement for the Caterer to provide catering services for the Club be extended for a further two years namely between the 20th September 2015 and 19 th September 2017 in the same the terms and conditions save and except for the following: 1. The rental shall commence at $.00 per calendar month plus GST (total $.00 per month); 2. Other (if any) DATED THE DAY OF EXECUTED: ) Was hereunto affixed in accordance with its ) Rules of Association: )... President....Public Officer CATERER AS IN INDIVIDUAL: SIGNED, SEALED AND DELIVERED ) By the said )

13 ) ) In the presence of:.. Witness CATERER AS A COMPANY: Executed by ) By being signed by those persons who ) are authorized to sign for the company: ) Director s signature:.. Director s signature:.. Full Names:. Full Names:. Address:. Address:..