1. The term “Food Service Provider” when used in this contract will mean the operator providing the food, drinks, beverages, refreshments, sweets and any other food products at the event. From time to time and references to the singular shall include the plural.
2. The term “Agency” shall mean Hire a food truck, it’s successors or assigns.
3. The term “Employer” shall mean the Employer named on the first page of the Booking Confirmation, his successors or assigns.
4. This Contract must be signed and returned, together with the first instalment, to the Agency at its address unless the Agency requests otherwise.
5. The Employer hereby engages the Food Service Provider to provide contracted services and otherwise comply with the reasonable requests of the Employer with respect to the booking as specified.
6. Unless arranged otherwise with the Agency the Food Service Provider is to be paid prior to the date the Food Service Provider concludes their contracted duty.
7. The Employer acknowledges that the Agency does not act as a principal but is the duly authorised agent of the Food Service Provider. The Agency shall not be liable for any compensation, damages, costs or any other incidental expenses under this agreement arising out of any breach, default, negligent act or omission of either party arising in any way out of or incidental to this agreement.
8. The Employer will:
a) Provide a proper number of attendants and stewards to ensure the safety of the Food Service Provider including sufficient supervision of the venue and event, maintaining the proper conduct of the guests and the preservation of order and that the Food Service Provider is provided with a safe and secure area in which to operate and also to prevent the entry of undesirables. If the Food Service Provider in their sole discretion considers that the area in which they are to operate is unsafe the Food Service Provider may require that the Employer make that area safe or make available another area that is a safe area, the Food Service Provider shall not be obliged to provide the contracted services but their fee shall nevertheless remain payable.
9. The Employer will provide access to sufficient mains power supply outlets if required by the Food Service Provider. Where normal power supplies are not available the Employer will provide a safe and properly supervised generating system operated by qualified persons. The Employer will also indemnify the Food Service Provider for any loss, damage or injury arising through any malfunction thereof.
a) The Employer may cancel this booking by delivery of written notice to the office of the Agency not later than sixty days before the date set for the event where upon this agreement will be terminated and the Employer will forfeit the first instalment. In the event of the Employer failing to terminate this agreement as set out in this clause, it shall remain in force and affect and the Food Service Provider will be entitled to their fee in full as specified herein notwithstanding any purported termination by the Employer in any other manner.
b) The Food Service Provider may terminate this agreement for any reason whatsoever by written notice delivered or sent by pre-paid post to the Employer at his address herein not later than thirty days before the date of the event herein.
The Food Service provider retains the right to substitute the service with similar available option.
11. The liability of the Food Service Provider to the Employer for any loss or damages suffered by the Employer by any reason of a failure to provide the food service, otherwise than in accordance with a termination pursuant to clause 10(b), arising from any breach of the conditions hereof or any negligent act of omission of the Food Service Provider in the performance of his obligations hereunder of in the doing of anything related hereto, shall be limited to the amount of the fee to be paid to the Food Service Provider hereunder or to the Food Service Provider supplying his services on another occasion at a time and on conditions to be agreed between the parties.
12. In the event that the Employer does not pay the first instalment this agreement shall never the less be effective and enforceable.
13. Where the fee to be paid to the Food Service Provider is in any way related to or connected with the amount of door takings of the event then the Employer agrees that the Food Service Provider shall be entitled to station a person, or persons at the entrances at or near the ticket office and further that all such persons shall be given access to the records of the Employer relating to the ticket sales and takings of the event and that no ticket shall be given away or sold at other that the advertised price without the consent of the Food Service Provider.
14. The Employer shall ensure that there is no recording, photographing or filming of the Food Service Provider in any way whether for business or private purposes.
15. The Employer will obtain all necessary permits and consents to the conducting of the event and all matters hereto and will comply with all conditions imposed in connection with the granting of any such permit or consent and, in particular, will ascertain and satisfy the requirements of the police force as to police supervision during the event.
16. In the event that the Employer does not pay the fee or any part thereof as provided under this agreement, the outstanding amount shall be a debt owing to the Food Service Provider and the Agency shall have the right to pursue all avenues of collection on behalf of the Food Service Provider. Any such overdue payments shall attract interest at the rate of The Reserve Bank’s Official Cash Rate plus 10% per annum from the due date of payment until payment is made in full.
17. This agreement records the full agreement and understanding between the parties and supersedes any previous agreement or verbal discussion.