Free Cafe Retainer Agreement

This Cafe Retainer Agreement ("Agreement") is made effective as of [Month Day, Year], by and between [Your Company Name] ("Cafe"), a company organized and existing under the laws of [State], with its principal place of business at [Your Company Address], and [Your Client Name] ("Client"), an individual/corporation with principal address at [Your Client Address] (collectively referred to as the "Parties").

WHEREAS, the Cafe is engaged in the business of providing specialty beverages, event space, catering services, and other related services;

WHEREAS, the Client desires to retain the services of the Cafe to provide the aforementioned services for specific events and ongoing needs;

WHEREAS, the Cafe agrees to provide such services under the terms and conditions set forth in this Agreement;

NOW, THEREFORE, in consideration of the mutual covenants and promises herein contained, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties agree as follows:

1. Services

The Cafe agrees to provide the Client with specific cafe-related services. These services include but are not limited to, supplying specialty beverages, providing event space, offering catering services for designated events, and other related services as discussed and agreed upon by both Parties. The Services provided by the Cafe are detailed and may be subject to minor adjustments as required to meet the Client's needs.

1.1 Specialty Beverages

The Cafe will supply a variety of specialty beverages tailored to the Client's preferences and event requirements. These may include, but are not limited to, artisanal coffees, teas, smoothies, and custom beverage creations.

1.2 Event Space Provision

The Cafe will offer designated event spaces for the Client's use, ensuring the space is appropriately prepared and maintained for the Client's events. This includes setup, cleaning, and any necessary accommodations as per the event's nature and scale.

1.3 Catering Services

The Cafe will provide catering services for events specified by the Client. This encompasses menu planning, food preparation, delivery, and service during the events, adhering to the highest standards of quality and hygiene.

1.4 Additional Services

Any additional services requested by the Client and agreed upon by both Parties will be documented and appended to this Agreement. Such services may include special dietary accommodations, custom event planning, and other bespoke offerings as needed.

2. Duration

2.1 Initial Term

This Agreement shall commence on the date first written above and continue for an initial term of one year unless terminated earlier in accordance with the terms herein.

2.2 Extension of Term

The Agreement may be extended upon mutual agreement of both Parties, with any extensions agreed in writing and signed by authorized representatives of each Party. The terms of any extensions, including duration and any modifications to the scope of services, shall be clearly outlined in the written agreement.

2.3 Termination

Either Party may terminate this Agreement with thirty (30) days' written notice to the other Party. Termination shall not relieve the Client of the obligation to pay for services rendered up to the date of termination. Additionally, the Cafe reserves the right to terminate this Agreement immediately if the Client breaches any terms of this Agreement or engages in any conduct that damages the Cafe's reputation or operations.

3. Payment Terms

3.1 Upfront Retainer Fee

The Client agrees to pay an upfront retainer fee of [$Amount] at the time of signing this Agreement. This fee is non-refundable and secures the availability and services of the Cafe for the initial term of the Agreement.

3.2 Monthly Payments

In addition to the retainer fee, the Client shall make monthly payments of [$Amount] for the ongoing services provided by the Cafe. These payments cover the agreed-upon services as detailed in this Agreement and are due on the first day of each month.

3.3 Billing for Additional Work

Any additional work beyond the agreed retainer shall be billed at an hourly rate of [$Amount] per hour. The Client will be invoiced for additional services performed, and payment for such services shall be due within fifteen (15) days of the date of the invoice.

3.4 Invoice Details

Invoices will provide a detailed breakdown of all services rendered, including the date, description of services, and the total amount due. The Client is responsible for reviewing and notifying the Cafe of any discrepancies within five (5) days of receipt.

3.5 Late Payments

Payments not received within fifteen (15) days of the invoice date will incur a late fee of [Percentage]% per month on the outstanding balance. If payments are not received within thirty (30) days, the Cafe reserves the right to suspend services until the account is current.

3.6 Payment Methods

Payments shall be made via [Payment Methods], ensuring that all transactions are secure and traceable. The Client will receive confirmation of payment receipt within [Number] days of processing.

4. Fee Structure

4.1 Total Monthly Fee

The total monthly fee covers all services agreed upon in this Agreement. This includes, but is not limited to, specialty beverages, event space provision, and catering services as outlined in the Services section.

4.2 Charges for Additional Services

Any services requested by the Client that fall outside the agreed scope shall be charged extra as outlined in Section 3.3. These additional services will be billed separately at the rates specified and will require pre-approval from the Client.

4.3 Approval of Additional Costs

The Client shall be responsible for any additional costs incurred by the Cafe in the performance of its duties, provided that such additional costs are pre-approved by the Client in writing. The Cafe will submit a detailed estimate of any potential extra costs for the Client's approval before incurring the expenses.

4.4 Cost Transparency

The Cafe commits to maintaining transparency in all cost-related matters. Detailed records of all expenses, additional charges, and the basis for any additional costs will be provided to the Client upon request.

5. Responsibilities

5.1 Cafe Responsibilities

The Cafe agrees to perform the Services with due care, skill, and diligence. This includes ensuring that all employees or subcontractors providing services under this Agreement are properly trained, qualified, and adhere to the highest standards of professionalism and quality.

5.2 Training and Qualification of Staff

The Cafe shall ensure that its employees or subcontractors receive ongoing training and are fully equipped to meet the requirements and standards expected by the Client. Regular performance evaluations and skill assessments will be conducted to maintain service excellence.

5.3 Client Responsibilities

The Client agrees to provide timely feedback and necessary information or materials to the Cafe to facilitate the effective performance of Services. This includes providing access to event spaces, clear communication of preferences and requirements, and any other relevant details that may impact service delivery.

5.4 Professional Conduct

Both Parties agree to conduct their business relationship in a professional and courteous manner. This includes respecting agreed timelines, maintaining open and honest communication, and addressing any issues or concerns promptly to avoid misunderstandings.

5.5 Feedback and Communication

The Client is encouraged to provide regular feedback on the services rendered to ensure continuous improvement and alignment with their expectations. The Cafe commits to addressing any feedback constructively and making necessary adjustments to enhance service quality.

5.6 Conflict Resolution

In the event of any disputes or misunderstandings, both Parties agree to engage in good faith discussions to resolve issues amicably. If necessary, the matter may be escalated to mediation or arbitration as outlined in the Dispute Resolution section of this Agreement.

6. Confidentiality

6.1 Confidential Information

Both Parties agree to, and shall ensure their employees, agents, and subcontractors, keep confidential all information received from the other Party that is proprietary or confidential. This includes, but is not limited to, business strategies, financial information, customer lists, and any other information deemed confidential by either Party.

6.2 Use of Confidential Information

Neither Party will, without the prior written consent of the other, disclose or use confidential information for any purpose outside the scope of this Agreement. Confidential information shall only be used for the purposes of performing obligations under this Agreement and shall not be shared with any third parties.

6.3 Protection of Confidential Information

Both Parties agree to take all reasonable precautions to protect the confidentiality of the information, including implementing appropriate security measures to prevent unauthorized access, use, or disclosure. This includes safeguarding electronic data and ensuring physical documents are securely stored.

6.4 Exceptions

Confidentiality obligations do not apply to information that (a) is or becomes publicly available through no fault of the receiving Party; (b) is rightfully received from a third party without a duty of confidentiality; (c) is independently developed by the receiving Party; or (d) is required to be disclosed by law or a court order, provided the disclosing Party gives prompt notice to the other Party.

6.5 Return of Confidential Information

Upon termination of this Agreement, each Party agrees to promptly return or destroy all confidential information received from the other Party, including any copies thereof, unless retention is required by law.

7. Termination

7.1 Termination Notice

This Agreement may be terminated by either Party giving the other Party thirty (30) days' written notice. The notice shall specify the reason for termination and the effective date of termination.

7.2 Obligations Upon Termination

In the event of termination, both Parties are obliged to fulfill their responsibilities up to the date of termination. This includes the Cafe completing any services in progress and the Client providing any necessary cooperation to finalize outstanding work.

7.3 Payment Upon Termination

The Client shall pay the Cafe for all work completed up to and including the termination date. The payment shall be calculated based on the agreed rates and shall include any expenses incurred by the Cafe in the performance of its duties up to the termination date.

7.4 Immediate Termination for Non-Payment

Should the Client fail to make payment when due, the Cafe may terminate this Agreement immediately upon providing written notice to the Client. The Client shall remain liable for all outstanding payments due for services rendered up to the date of termination.

7.5 Survival of Terms

Provisions of this Agreement that by their nature should survive termination shall remain in effect, including but not limited to confidentiality, payment obligations, and dispute resolution.

8. Governing Law

8.1 Applicable Law

This Agreement shall be governed by and construed in accordance with the laws of [State], without regard to its conflict of law principles. Any legal actions, suits, or proceedings arising out of or relating to this Agreement shall be brought exclusively in the courts of [State].

8.2 Jurisdiction

Both Parties consent to the jurisdiction of such courts and waive any objections to the venue laid therein. Each Party further consents to service of process in any manner authorized by the laws of [State] for such persons.

IN WITNESS WHEREOF, the Parties hereto have executed this Agreement as of the day and year first above written. This Agreement is duly executed and delivered by the Parties, intending to be legally bound hereby. The individuals signing below represent and warrant that they are duly authorized to sign this Agreement on behalf of their respective Parties and that all necessary corporate or organizational actions to authorize the execution of this Agreement have been taken.

The signatures below signify each Party’s acceptance and agreement to the terms and conditions contained herein. Each Party acknowledges receipt of a fully executed copy of this Agreement.

The undersigned have executed this Agreement as of the date first written above:

By:

[Your Name]

[Your Job Title]

[Your Company Name]

Date: [Month Day, Year]

By:

[Your Client Name]

[Job Title]

Date: [Month Day, Year]

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