FOOD VENDOR AGREEMENT

This Agreement is between Event Resource Center (hereinafter “ERC”), and Food Truck (hereinafter “Vendor”) relating to the Event Resource Center Services.

Amazon 2 Year Anniversary 

Term:              June 13th, 2018 Food Vendor Requirements:

• Food vendors must have a Health Department License or be approved by Tri-County Health to be onsite using another Any samples provided must not exceed the 3 oz. sample size as dictated by Health Dept. regulations.
• Food vendors must Sales Tax License and adhere to all filing and payment requirements of such license.
• Food vendor must be on-site all 5 dates and set up is required to be complete by 6:15 Tear down may not begin prior to 7:30 pm.

Subject to the terms and conditions of this agreement:

• Event Resource Center will take 20% commission on money made from events it books to go toward the following.
  • Booking Fees
  • Administration Fees
  • Marketing Support
  • Event Coordination
• Payment Terms.
  • Payment Process. ERC will invoice Customer an amount equal to Catering Cost, Taxes, ERC’s then current fee rate, payment processing fees (if any), and Overage Costs.
  • Catering Cost. Subject to actual receipt of payment from Customer, if Vendor has submitted to ERC a current, complete, and valid W-9 and Certificate of Insurance compliant with the terms of Section 8 of the Agreement (“Vendor Certifications”), ERC will pay Vendor 25% of the Catering Cost at least three (3) days before the Private Catering Event and the remaining 75% of the Catering Cost no later than seven (7) business days after the Private Catering Event. If Vendor has not submitted all Vendor Certifications to ERC or if the Vendor Certifications are incomplete or insufficient in any manner as determined by ERC in its sole discretion, ERC will pay Vendor 100% of the Catering Cost no later than seven (7) business days after the Private Catering Event. All payments from ERC to Vendor are subject to a deduction in accordance with our vendor late and cancelation terms.
  • 3. Overage Costs. In addition to the Catering Cost, ERC shall determine a fixed fee for each additional guest in attendance above the requested guest amount at the Private Catering Event (“Overage Costs”). ERC will invoice and collect Overage Costs from Customer and pay Vendor within seven (7) days of actual receipt of Customer payment.
  • Cancellation.
    • 1. Cancellation of a Private Catering Event.
      • (a) Cancellation by Customer.If the Customer makes a payment to ERC and subsequently cancels the Private Catering Event after the Lock Period, ERC shall provide Vendor with the following “Cancellation Fees:”

• When Cancelled By Customer	Cancellation Fee Due
  Eight or more days prior to the Private Catering Event	50% of the Catering Cost actually received by ERC from Customer. For example, if the Catering Cost of the Private Catering Event is $1,000 and ERC receives the entirety of the Catering Cost from Customer, ERC shall pay Vendor $500 (50% of $1,000). Alternatively, if ERC receives 50% of the Catering Cost for a Private Catering Event with a Catering Cost of $1,000, ERC shall pay Vendor $250 (50% of $500). If ERC receives nothing from Customer, ERC shall pay zero to Vendor.
  Seven or less days prior to the Private Catering Event	100% of the Catering Cost actually received by ERC from Customer. For example, if the Catering Cost of the Private Catering Event is $1,000 and ERC receives 100% of the Catering Cost from Customer, ERC shall pay Vendor $1,000 (100% of $1,000). Alternatively, if ERC receives 50% of the Catering Cost for a Private Catering Event with a Catering Cost of $1,000, ERC shall pay Vendor $500 (100% of $500). If ERC receives nothing from Customer shall pay zero to Vendor.

  • (b) No Further Obligations. Upon notice of cancellation of a Private Catering Event and payment of any amounts due to Vendor (if any), ERC and Vendor shall not have any further obligations hereunder for the Private Catering Event.
  • 2. Cancellation by Vendor.If Vendor cancels a Private Catering Event and is unable to perform Catering at the Private Catering Event for any reason, ERC will not be liable for paying Vendor any Catering Costs, Vendor shall immediately return any Catering Costs already received from ERC (if applicable) for that Private Catering Event, and Vendor will be responsible for the following cancellation fees:

  When Cancelled	Cancellation Fee
  If Vendor cancels the bid during the Lock Period	Vendor shall pay to ERC $100
  If Vendor cancels after the Lock Period and up to (and including) eight (8) days prior to the Private Catering Event	Vendor shall pay to ERC $250
  If Vendor cancels the Private Catering Event twenty-four (24) hours to seven (7) days (inclusive) prior to the Private Catering Event	-vendor shall pay ERC a cancellation fee of Twenty-Five Percent (25%) of the Catering Cost to ERC or $250, whichever is higher
  Within twenty-four (24) hours prior to the Private Catering Event	Vendor shall pay ERC a cancellation fee of Seventy-Five Percent (75%) of the Catering Cost to ERC or $250, whichever is higher.

  • The Cancellation Fees set forth herein are liquidated damages, intended to constitute compensation and not a penalty. The parties acknowledge and agree that the Customer's and ERC’s harm caused by such cancellation would be impossible or very difficult to accurately estimate as of the Effective Date, and that the liquidated damages are a reasonable estimate of the anticipated or actual harm that might arise from Vendor’s cancellation as described herein. Prohibition of Customer Payments. Under no circumstances shall Vendor attempt to collect any payment from Customer directly unless authorized in writing by ERC. Vendor’s acceptance of a Customer’s monies shall be considered a material breach under the terms of this Agreement and shall result in a minimum payment reduction of fifty percent (50%) of Catering Cost, the exact amount to be determined in ERC’s discretion.
    • 3.1. Gratuities Exception. Vendor may accept gratuities offered by Customer. However Vendor shall not solicit gratuities from Customers. Soliciting gratuities from Customers shall be deemed a violation of this agreement.
  • Late Service Reduction.
    • 1. Private Catering Event Late Service Reduction. Vendor shall promptly arrive at the Location in order to provide Catering in a timely manner, but no later than thirty (30) minutes prior to the event commencement time. The failure of Vendor to provide Concession Services hereunder in a timely manner (by taking orders from the Customer) shall result in the following reductions in Catering Cost paid to Vendor:
      • (a) Late Setup at Location. If a setup time is specified by Customer for a Private Catering Event (“Setup Time”) and Vendor does not complete its setup by the end of Setup Time, the Catering Cost paid to Vendor will be reduced by five percent (5%).
      • (b) Late Commencement of Catering with Advanced Notice. “Advanced Notice” means notice provided by either phone or e-mail prior to the event by Vendor to both Customer and the ERC agent designated for the event. If Vendor commences serving food after the designated start time by Customer (“Start Time”) after providing ERC and Customer Advanced Notice, the Catering Cost paid to Vendor will be reduced, and a late fee shall be charged to Vendor (“Late Fee”), as follows:

  Late Commencement of Catering, with Notice, Event time is 60 minutes or less in length	Late Fee (as a percentage of Catering Cost)
  1-9 minutes after the Start Time	15%
  10-29 minutes after the Start Time	25%
  30 minutes or more after the designated Start Time	(i) 50% if Customer approves late commencement of Concession Services or (ii) 100% if Customer rejects late commencement of Concession Services AND Vendor shall pay 50% of the Catering Cost as a Cancellation Fee

  Late Commencement of Catering with Notice, Event time is 61-120 minutes in length	Late Fee (as a percentage of Catering Cost)
  1-19 minutes after the Start Time	15%
  20-44 minutes after the Start Time	25%
  45 minutes or more after the Start Time	(i) 50% if Customer approves late commencement of Concession Services or (ii) 100% if Customer rejects late commencement of Concession Services AND Vendor shall pay 50% of the Catering Cost as a Cancellation Fee

  Late Commencement of Catering with Notice, Event time 121 minutes or more in length	Late Fee (as a percentage of Catering Cost)
  10-29 minutes after the Start Time	15%
  30-59 minutes after the Start Time	25%
  60 minutes or more after the Start Time	(i) 50% if Customer approves late commencement of Concession Services or (ii) 100% if Customer rejects late commencement of Concession Services AND Vendor shall pay 50% of the Catering Cost as a Cancellation Fee

  • (c) Late Commencement of Catering without Advanced Notice.If Vendor does not provide at least 2 hours Advanced Notice to ERC of a late commencement of Concession Services, the Late Fees and amount of Cancellation Fees in Section 6.1(b) above shall be doubled.
  • (d) Failure of Vendor to Arrive at Location without Advanced Notice.If Vendor fails to arrive at Location without providing at least 2 hours Advanced Notice to ERC, the Catering Cost paid by ERC to Vendor will be reduced by 100% AND Vendor shall pay ERC 100% of the Catering Cost as a Cancellation Fee.
  • (e) The Late Fees and Cancellation Fees set forth herein are liquidated damages, intended to constitute compensation and not a penalty. The parties acknowledge and agree that the Customer's and ERC’s harm caused by such delay or cancellation would be impossible or very difficult to accurately estimate as of the Effective Date, and that the liquidated damages are a reasonable estimate of the anticipated or actual harm that might arise from Vendor’s delay or cancellation as described herein.
  • (f) Change in the Start Time by Customer.Vendor shall notify ERCr in writing of any changes in the Start Time of a Private Catering Event requested by Customer. If Vendor fails to notify ERC of a change in Start Time requested by Customer, Vendor shall be responsible for the reductions in payment and Cancellation Fees referenced in this Section 6.1. Any arrangement for late service or modified payment terms must be approved by ERC in writing.