FUNCTION AGREEMENT

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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 
 
 
 

By: 


 
 

 

CLIENT: