Client and Mac ‘N Noodles, LLC dba (Food Truck Avenue, Colorado Pig Rig, Mile High Cheesesteaks, Denver Street Tacos, Colorado Pig Rig, The Walking Taco, Grazing Denver, The Strawberry Shortcake, Smokin Zo’s, The Burger Bus) (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.

Client. or ​. Agent: FTA Caterer: Food Truck or designated company 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 minimum 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.

Lowering your guest count after signing agreement will not reduce your contractually agreed upon amount. In the event Client needs to raise guest count, a change order for the new guest count needs to be executed. Any changes within 7 days of the event date will incur a $50 change fee in addition to the added food to accommodate the new guest count.

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.

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.

For Client Pay event, booking fee and 25% of Caterer minimum sales requirement is due upon completion of the agreement. An additional 25% Caterer minimum sales requirement will be due 28 days prior to event date. Remaining balance of Caterer minimum sales requirement and all other applicable fees will be due 7 days prior to the event date. If business check or ACH has not been received 7 days prior to event date Agent will charge Client’s card on file for all applicable fees plus a 3.5% administrative fee.

For Guest Self Pay event, the booking fee and other applicable fees will be charged upon execution of the contract. If business check or ACH has not been received 7 days prior to event date Agent will charge Client’s credit card for all applicable fees plus a 3.5% administrative fee. 3 days prior to any guest paid event Agent will place a preauthorization hold for 25% of Caterer minimum sales requirement. Any sum due to the Caterer minimum sales requirement will be charged at the conclusion of the event or cancellation, Agent will charge Client’s credit card for all applicable fees plus a 3.5% administrative fee.

Client agrees that any balance remaining at the conclusion of the event will be charged to client’s card on file plus a 3.5% administrative fee.

For all events FTA requires agreement to our cancellation policy. When we accept your event, we turn down any and all other opportunities. You agree that cancellation for any reason will result in a liquidated damages equal to 25% of the Caterer minimum sales requirement plus any applicable fees. For any event cancelled within 4 weeks of the event date you agree to pay liquidated damages of 50% of the Caterer minimum sales requirement plus any applicable fees. For any event cancelled within 2 weeks of your party date you agree to pay liquidated damages equal to the full Caterer minimum sales requirement and all applicable fees. This policy is in effect for any and all cancellations. Pursuant to paragraph 25 of this contract the only cancellation or modification permitted is by written agreement signed by party upon against whom the modification is being enforced. THERE ARE NO VERBAL CANCELLATIONS.

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.

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.

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.

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.

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.

Caterer hereby retains the ability to effectuate immediate menu adjustments, substituting items of equal or superior value, to fulfill the client’s requirements, in the event that procurement challenges impede the availability of specific menu selections, without incurring any additional cost to the client.

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.

Agent will not discriminate on the basis of race, age, gender, creed, sexual orientation, religion, or national origin.

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.

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.

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.

Nothing in this food truck catering agreement shall be deemed to inure to the benefit of any person other than Client, Agent, and Caterer.

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, 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.

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.

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 Jefferson County Colorado. Venue is expressly agreed upon and limited to Jefferson County Colorado.

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.

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.

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.

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.