THIS AGREEMENT is made as of this ______ day of____________ ,
199__, by Generic Gathering Place, a non-profit organization, organized
and existing under the laws of the Commonwealth of Pennsylvania (hereinafter
ref erred to as "Generic Gathering Place") and _____________________________,
(hereinafter referred to as "Client").
BACKGROUND
Generic Gathering Place has available rooms and kitchen facilities suitable
for a variety of parties and similar functions. In addition, it has the
capability to cater such events, utilizing the services of Avenue Baking
Company, d/b/a Centre Catering Company (hereinaf ter referred to as "Caterer").
Client wishes to hold a function at Generic Gathering Place, and to have
such function catered by Caterer.
AGREEMENT
For and in consideration the mutual promises, terms and covenants herein
contained, each of the parties, intending to be legally bound hereby, mutually
agree as follows:
1. RESERVA TION AND DEPOSIT.
Your tentative space reservations are outlined below:
Day
Date
Beginning and Ending Times
Function
Minimum Number of Guests
Maximum Number of Guests
Room
Room Rental Fee
The Room R ental Fee is for a maximum use of five hours. Additional usage will be billed on a pro rata basis.
Functions shall not impede or interfere with the religious services,
school or any religious activities or affairs nor inconvenience or interfere
with any of Generic Gathering Place's activities.
In order to confirm your space reservation, please sign and return a
copy of this Agreement together with your deposit of $ by , 199.
The deposit is not refundable, but will be credited toward your final bill.
Should it become necessary for you to cancel, you will be charged as follows:
Notice Prior to Function Charge to Client
More than 30 days Deposit Only
15 - 29 days 50% of all estimated charges
7 - 14 days 75% of all estimated charges
Less than 7 days 100% of all estimated charges
"Estimated charges" include room rental fee, menu costs, Mashgeach or
kitchen supervisor and all other amounts agreed to be paid hereunder. Where
amounts are not specified, Generic Gathering Place's rate schedule will
apply.
2. MENU AND ARRANGEMENTS.
Accompanying this Agreement are suggested menus appropriate for your
event. Generic Gathering Place and you will agree on the final menu and
prices at any t ime at least thirty (30) days prior to your function. The
final menu and price selection will be initialed and added as an addendum
to this Agreement. If the function is more than three (3) months after
the final menu and prices have been agreed upon, any increases in Caterer's
costs will result in a dollar for dollar increase in price. Alternatively,
Client will be able to select different menu items.
All arrangements other than menu must be finalized at least for ty five
(45) days prior to your function to ensure availability of requested items.
3. GUARANTEE
The minimum number of guests provided for in Section 1 is your minimum
guaranteed attendance. This will be used to determine your estimated charge
until you provide Generic Gathering Place with the exact number of guests.
This is due no later than seven (7) days prior to your function. This will
be your final guarantee, and w ill be used thereafter to compute your estimated
charge. Generic Gathering Place will prepare for a maximum of 5% over your
exact number of guests.
4. PAYMENT.
The room fee and fifty percent (50%) of the balance of your remaining
estimated charge is due thirty (30) days prior to your function. The remaining
balance will be due immediately following your function. If your function
is over on Shabbat or other day when the handling of money is forbidden
by Jewish law, then your balance will be due at 9:00 a.m. on the next day
when money is permitted to be handled.
The room fee, Mashgeah or kitchen supervisor fee, and certain other
items will be payable to Generic Gathering Place. Charges for menu items
and catering services will be payable to Caterer.
5. RESPONSIBILITIES OF CATERER.
(a) Caterer agrees to supply at its own cost all food and beverages,
and unless other arrangements are made with Generic Gathering Place's Catering
Committee, dishes, cutlery, silverware, glassware, linens and other utensils
and equipment necessary to be used in connection with the function. Caterer
also agrees to furnish its own personnel for the preparation and service
of food and beverages at the Function, set up prior to the function and
clean up afterwards.
(b) Caterer shall pr ovide the highest quality food and beverages to
Client, use and employ courteous, efficient and capable catering help and
to do and perform all catering services in conformity with traditional
Jewish custom, ritual and law, including but not limited to the strict
observance of the Sabbath and all other Jewish holidays and the maintenance,
service and preparation of Kosher foods in and about Generic Gathering
Place, all as approved by the Rabbi or Mashgeach of Generic Gathering Place.
6. ALCOHOLIC BEVERAGES.
Caterer will not serve alcoholic beverages to minors, except for small
amounts of wine for sacramental purposes, nor to visibly intoxicated persons.
Client shall indemnify, defend and hold Caterer harmless from all claims
and liabilities arising out of the service of alcoholic beverages at the
function.
7. MASHGEACH.
Generic Gathering Place will provide its own Mashgeach, approved in
advance by the Rabbi of Generic Gathering Place, for the function. The
Mashgeach will supervise the delivery, preparation, custom, ritual and
serving of all food on the Premises. If Generic Gathering Place does not
provide a Mashgeach, it may elect to supply a kitchen supervisor. Client
shall reimburse to Generic Gathering Place its actual cost for the Mashgeach
or kitchen supervisor as a part of its final payment.
8. RULES AND REGULATIONS.
Client shall be bound by all of the Catering rules and regulations of
Generic Gathering Place pertaining to the delivery, maintenance, preparation
and service of food, supplies and equipment and facilities. These rules
and regulations may be reasonably changed, amended or increased at the
sole discretion of Generic Gathering Place and its Rabbi. Further, Client
shall obey all laws, customs and usages of Conservative Judaism in relation
to the Catering of all functions at Generic Gathering Place.
9. FAILURE OF SERVICES.
Generic Gathering Place and Caterer shall not be liable for any damage,
loss, compensation or claim by reason of inconvenience to Client or any
of its guests if the same is due to circumstances beyond the control of
Generic Gathering Place or Caterer, includ ing but not limited to (a) the
failure of Generic Gathering Place to supply water, gas or electricity;
(b) the breakdown in or mechanical failure of the air conditioning, or
heating equipment or any kitchen equipment; (c) the necessity to repair
any portion of the building; (d) the interruption in the use of the Premises;
or (e) destruction of the Premises. The sole liability of Generic Gathering
Place and Caterer to client for failure for any reason to perform its obligations
hereunder, in whole or in part, shall be limited to return of monies paid
in advance by Client.
10. ENTIRE AGREEMENT.
This Agreement, and the addendum to be atteched hereto, contains all of the covenants, understandings, agreements and stipulations between the parties, and supercedes all prior agreements or understandings, written or oral. No amendment to this Agreement shall be binding unless dated and executed by both parties bound hereby.
11. WAIVER.
The waiver of any breach or default of any term or condition of this Agreement shall not be deemed a waiver of any subsequent breach or default whether of like or different nature. Each party shall have the right at all times to enforce the terms and conditions of this Agreement in strict accordance with the covenants hereof notwithstanding any conduct or custom on its part in refraining from doing so at any time or times.
12. BINDING AGREEMENT.
This Agreement shall be legally binding upon and inure to the benefit
of the parties hereto, their heirs, legal representatives and/or successors;
however, it shall not be assigned without the written approval and consent
of the other party.
13. LAW AND INTERPRETATION.
The interpretation and construction of this Agreement shall be gover
ned by the law of Pennsylvania, without giving effect to the principles
of conflicts of laws. Pronouns referring to any gender shall be deemed
to refer to all genders, and the singular shall include the plural, and
vice-versa, as the context may require. The headings of the various provisions
of this Agreement are for ease of reference only, and shall be disregarded
in interpreting the provisions hereof. The invalidity or unenforceability
of any portion of this Agreement shall not affect the balanc e of the Agreement.
14. ARBITRATION.
Any dispute arising under, out of, in connection with, or in relation
to this Agreement, or the making or validity thereof, or its interpretation
or any breach thereof shall be determined and settled by arbitration in
Philadelphia, Pennsylvania, pursuant to the rules then obtaining of the
American Arbitration Association. Any award or decision rendered by the
arbitrators may be entered in any court having jurisdiction thereof and
shall be final and conclusive upon the parties. Disputes of a religious
nature shall be settled by a Bet Din consisting of three congregational
Conservative rabbis. The costs of arbitration or the Bet Din shall be borne
equally by the parties.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement
to be duly executed as of the day and year first noted above.
| Generic Gathering Place, a Pennsylvania non-profit
corporation
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CLIENT:
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