Food Truck Catering Agreement — Booking Terms & Conditions
1. Agreement
Client and Food Truck Avenue dba Mac N Noodles (hereinafter referred to as FTA) enter this exclusive contract (Food Truck Catering Agreement) and agree to its provisions. FTA agrees to serve as a food truck catering agent to Client.
2. Definitions
Client. Agent: FTA. Caterer: Designated sub contractor providing catering services. Savory Truck is caterer providing entrees and appetizers. Sweet truck is caterer providing desserts. Service Time: The amount of time Caterer will be on site open to serve. Client Pay: Client is responsible for all fees and charges. Guest Self Pay: Guests will individually be responsible for the cost of their meal and Client is responsible for booking fee and any difference in sales should sales be less than the sales requirement plus any applicable fees as defined in the fee schedule above. Power of Negotiation: Client authorizes FTA to contract for catering services pursuant to the above budget. Listing Period: This contract is effective from the date that the contract is signed through the completion of the event date including any changes or postponements of the event.
3. Changes to Party Size & Changes to Agreement
Lowering your guest count after signing agreement will not reduce your contractually agreed upon amount. In the event Client needs to request to raise guest count, change menu, change address, change service time, or any other material change to a completed agreement a change order for the agreement will need to be signed. Any changes made to original signed agreement increase administrative overhead and will incur a $100 change fee in addition to any added food, travel or other expense to accommodate the new request.
4. Disclosures
Client consents to Agent's disclosure of Client's information to the caterer or designee for the purpose of fulfilling the catering commitment. Agent is not obligated to seek other catering arrangements while Client is already a party to a contract for Catering Services. Client understands that Agent is not liable for Client's acts or omissions that have not been approved, directed, or ratified by Agent.
5. Compensation to Agent
Agent will be paid the booking fee as set forth above. Unless otherwise agreed to in writing, Agent is entitled to receive additional compensation or incentives from caterer.
6. Event Fee
For Client Pay event, booking fee and 50% of Caterer sales requirement is due upon completion of the agreement. An additional 25% Caterer sales requirement will be due 28 days prior to event date. Remaining balance of Caterer sales requirement and all other applicable fees will be due 14 days prior to the event date. Client acknowledges Agent reserves the right to Pre-Authorize Client's credit card for applicable balance.
7. Cancellation/Reschedule Policy
For all events FTA requires agreement to our cancellation/reschedule policy. When we accept your event, we turn down any and all other opportunities. You agree that cancellation or rescheduling for any reason will result in a liquidated damages equal to 50% of the Caterer sales requirement plus any applicable fees. For any event cancelled or rescheduled within 4 weeks of the event date you agree to pay liquidated damages of 75% of the Caterer sales requirement plus any applicable fees. For any event cancelled or rescheduled within 2 weeks of your party date you agree to pay liquidated damages equal to the full Caterer sales requirement and all applicable fees. This policy is in effect for any and all cancellations or reschedules. Pursuant to paragraph "Modification of this Contract" the only cancellation or reschedule modification permitted is by written agreement signed by party upon against whom the modification is being enforced. THERE ARE NO VERBAL CANCELLATIONS.
8. Refunds/Disputes
Any request for a refund, credit, or adjustment based on alleged lack of performance must be submitted to Agent in writing by email to info@foodtruckavenue.com within forty-eight (48) calendar hours after the scheduled event end time. There are no verbal refund requests. No phone call, text message, event-day statement, statement to Caterer, or other communication will be treated as a valid refund request. Upon timely written notice, Agent will provide Client with Caterer's direct contact information so Client and Caterer may attempt to resolve the issue directly. If Client and Caterer do not reach a resolution, Agent may review the available evidence from both parties and mediate the dispute. Client agrees that Agent's written resolution, based on the evidence provided, will be final and binding on Client, Caterer, and Agent to the fullest extent permitted by law. If Client does not submit a written refund request within forty-eight (48) calendar hours after the scheduled event end time, Client waives any future right to request a refund, credit, adjustment, or other payment reduction based on alleged lack of performance for that event.
9. Truck Maintenance/Availability
Client authorizes Agent to substitute the scheduled Caterer or truck if Agent determines that substitution is necessary or appropriate due to maintenance, availability, staffing, routing, permitting, safety, operational issues, or any other circumstance affecting service. Any substitute will be intended to provide reasonably comparable service, and substitution will not reduce or eliminate Client's payment obligations under this Agreement.
10. Assignment; Subcontracting; Designated Providers
Client acknowledges and agrees that Agent may arrange, assign, subcontract, delegate, or transfer performance of catering services to a Caterer, affiliated brand, partner truck, replacement truck, or other designated food-service provider selected by Agent. Client may not assign or transfer this Agreement without Agent's prior written consent.
11. Excess Service Time Policy
If more time than the agreed upon service time is needed due to constraints outside of the Caterer's control, including but not limited to guests arrive late, large number of guests arriving at the end of service time window, etc. Client agrees to pay a charge of $200 hourly rounded up to the nearest 30-minute increment. Caterer reserves the right to refuse excess service if it will impede other events, obligations, or weather-related conditions.
12. Walkthrough/Venue Requirements
Should client or client's venue request or require caterer and or agent to perform a walkthrough or tour client shall incur charges of $200 per hour. Time shall be calculated from the moment the caterer and or agent leaves the office and continue until the time the caterer and or agent returns to the office. Caterer & Agent shall make no personal trips while calculating walkthrough billing. Should client or venue require a virtual walkthrough billing will commence from the moment cater and or agent joins virtual meeting and end upon leaving virtual meeting. All billing will be rounded up to the nearest 15-minute increment.
13. Service Time Frame
Should Caterer serve all contracted meals prior to the service end time depicted above, Client agrees Caterer may leave upon completion of meals and not the end time defined above.
14. Parking & Permits
Agent is not a party planner and does not secure permits, liability insurance, nor any other required documents on behalf of the Client. We only broker the services between Client and Caterer. It is the Client's sole responsibility/obligation to secure parking, insurance, and any required permits for service. Failure to provide adequate parking or permits for Caterer resulting in reduced service will not negate fee requirements set forth above.
15. Client Authority/Venue Approval
Client represents that the person signing this Agreement has full authority to enter into this Agreement on behalf of Client and any company, organization, school, HOA, venue, or other entity connected to the event, and Client further represents that the event location allows food truck service and that Client has obtained, or will obtain before the event, all venue approvals, access permissions, parking permissions, and event-level permits required for the Caterer to provide service. Failure to obtain such approvals, permissions, or permits will not reduce or eliminate Client's payment obligations under this Agreement.
16. Client's Obligations to Agent
Client agrees to conduct exclusive negotiations for Catering through Agent. Client shall refer to Agent all communications received in any form from Caterer, prospective caterers, or any other source during the term of this contract. Client represents to Agent that Client is not currently a party to any agreement with any other agent to represent or assist client in the food truck catering agreement described above. Client agrees to indemnify and hold harmless Agent from all claims relating to this contract or liability caused by negligence of Caterer.
17. Menu Availability
Client acknowledges and agrees that Agent or the Caterer designated by Agent may make immediate menu adjustments, including substituting items of equal or superior value, if procurement challenges, product availability, staffing, equipment, or operational issues affect specific menu selections. Such substitutions may be made without additional cost to Client and will not reduce or eliminate Client's payment obligations under this Agreement.
18. Marketing Material
Client acknowledges that Agent is permitted to use digital and print photos, images, videos, and likenesses from their event as marketing materials to be used by Agent.
19. Nondiscrimination
Agent will not discriminate on the basis of race, age, gender, creed, sexual orientation, religion, or national origin.
20. Recommendation of Legal Counsel
By signing this document, Client incurs important legal rights and responsibilities. If Client has any questions, they should seek legal consultation prior to signing document.
21. Attorney Fees
In the event of any litigation relating to this contract, Client will be responsible for all Agent's legal and collection fees, including but not limited to reasonable attorney's fees, court costs, and any other legal expenses.
22. Limitation of Liability
To the fullest extent permitted by law, Agent, and their owners, employees, contractors, affiliates, and representatives will not be liable for any indirect, incidental, special, consequential, punitive, lost-profit, reputational, or replacement-vendor damages arising from or relating to this Agreement, and Agent's total liability for any claim arising from or relating to this Agreement will not exceed the actual booking fee paid by Client to Agent under this Agreement; this limitation does not include or increase any amounts paid for Caterer sales requirements, food, beverage, taxes, travel fees, processing fees, permits, paperwork, pass-through costs, or other event-related charges, and does not reduce or limit Client's payment obligations, cancellation fees, chargeback obligations, collection costs, attorney-fee obligations, or indemnity obligations under this Agreement.
23. Insurance
Agent will provide Client with Caterer's current certificate of insurance upon timely written request within the terms of the "Paperwork Requests" section. If Client requests increased insurance limits, special language, additional insured status, waiver of subrogation, additional coverage, or any other change to Caterer's insurance or paperwork, Client agrees to pay all related costs charged to Agent or Caterer. Agent and Caterer each reserve the right to decline any requested insurance change, including but not limited to requests to raise limits, add additional insured status, add special language, or provide a waiver of subrogation.
24. Credit Card Chargebacks/Dispute Fee
In the event client files a chargeback or dispute with their credit card company client will be responsible for $60 in liquidated damages to cover agent's dispute fees.
25. No Other Party or Intended Beneficiaries
Nothing in this food truck catering agreement shall be deemed to inure to the benefit of any person other than Client, Agent, and Caterer.
26. Agent's Right to Cancel
In the event the Client fails to substantially perform under this food truck catering agreement, including but not limited to the Client's failure to reasonably cooperate with Agent, as well as Client's ability to stay within payment terms/schedule listed in section "Event Fee", Agent may cancel this food truck catering agreement upon written notice to Client. Any rights of Agent that accrued prior to cancellation will survive such cancellation to include Agent's damages. Damages may include but are not limited to Agent's booking fee plus liquidated damages in the amount of the contracted fees set out above. Client further acknowledges should Client miss the agreed upon payment schedule in section "Event Fee" and Client's card on file bounce/decline payment at any point while collecting a missed payment/late payment Agent may cancel while still being entitled to all fees listed in this catering agreement.
27. Force Majeure
Agent shall not be liable or responsible to the Client, nor be deemed to have defaulted under or breached this Agreement, for any failure or delay in fulfilling or performing any term of this Agreement when and to the extent such failure or delay is caused by or results from acts beyond the Agent's reasonable control, including, without limitation, the following force majeure events (a) acts of God; (b) flood, fire, earthquake or explosion; (c) war, invasion, hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest; (d) government order or law; (e) actions, embargoes or blockades in effect on or after the date of this Agreement; (f) action by any governmental authority; (g) national or regional emergency; (h) strikes, labor stoppages or slowdowns or other industrial disturbances; (i) epidemic, pandemic or similar influenza or bacterial infection (which is defined by the United States Center for Disease Control as virulent human influenza or infection that may cause global outbreak, or pandemic, or serious illness); (j) emergency state; (k) shortage of adequate medical supplies and equipment; (l) shortage of power or transportation facilities; (m) mechanical breakdowns or immobilizations (n) or other similar events beyond the reasonable control of the Agent.
28. Choice of Law
Any document or notice to Agent must be in writing delivered via certified mail return receipt requested or served upon its registered agent. Choice of Law. This food truck catering agreement and all disputes arising hereunder are governed by and construed in accordance with the laws of The State of Iowa. Venue is expressly agreed upon and limited to Black Hawk County Iowa.
29. Severability
If any section, subsection, sentence, clause, or provision of this Agreement is found to be invalid, illegal, or unenforceable, that section, subsection, sentence, clause, or provision alone will be stricken from the Agreement. All remaining terms will remain valid, enforceable, and in full force and effect as if the stricken portion had not been included.
30. Non Circumvent
Client agrees that any Caterer, food truck, vendor, affiliated brand, or service provider introduced, identified, quoted, scheduled, or arranged by Agent is an Agent-introduced provider. During the term of this Agreement and for twenty-four (24) months after the event date, Client will not directly or indirectly book, hire, contract with, pay, solicit, or attempt to bypass Agent to use any Agent-introduced provider for the same event or any future event without Agent's written consent. If Client violates this section, Client will be responsible for Agent's lost booking fees, commissions, collection costs, attorney fees, and any other damages permitted by law.
31. All-You-Can-Eat
This section only applies when Client selects All-You-Can-Eat as depicted in the "Included Per Guest" section. Should any other guest serving be selected this section will be struck from the agreement and all other terms shall still apply. Client agrees that the Caterer will accommodate ordering 1 meal (entrée, side, and drink) at a time. Caterer will not provide any leftovers or to-go meals. Guests will be allowed to order as many meals as they would like throughout the contracted service time frame.
32. Paperwork Requests
This clause applies solely to documentation required for the operation of the food truck with local municipalities/jurisdictions (e.g., mobile food-vendor licenses, temporary food-service permits, truck-specific health/fire approvals, truck-specific COIs) and does not cover event- or venue-level approvals (e.g., park/facility permits, street closures, alcohol or noise permits). The Client must request—and provide all information needed to obtain—such Food-Truck Paperwork at least seven (7) calendar days before the event; the Agent will use commercially reasonable efforts to secure approvals, but municipal processing times are outside the Agent's control. If the Client submits the request fewer than seven (7) days before the event and the paperwork is not finalized in time, the standard cancellation policy applies; if the Client submits the request more than seven (7) days before the event and a municipal delay prevents timely approval, the Client will not be liable for any cancellation fees resulting from that delay.
33. Late Payment
Should Client's credit card be declined and payment be late Food Truck Avenue will charge 2% interest compounding monthly to clients outstanding bill until payment is received in full.
34. Entire Agreement
This agreement constitutes the entire contract between the parties and any prior agreements, whether oral or written, have been merged and integrated into this food truck catering agreement.
35. Modification of This Contract
No subsequent modification or amendment of the terms of this food truck catering agreement shall be valid or enforceable unless said amendment is agreed to in writing and signed by the party against whom it is to be enforced against.