Food Delivery Service Agreement

Employment Agreement of Executive Chef

Employment Agreement (the Agreement) made on the , between

, referred to herein as the Employee, and

, a corporation organized and existing under the laws of the state of , with its principal office located at , referred to herein as Company. Company and Employee may hereinafter be collectively referred to as the Parties and each a Party.

Whereas, the Company operates an upscale restaurant at hereinafter called the Restaurant; and

Whereas, the Employee has been the executive chef at several upscale restaurants; and

Whereas, the Company desires to engage the services of Employee as the Executive Chef, subsequent to his/her receipt of any necessary work permits; and

Whereas, the Employee desires to provide his/her services to the Company on the terms and conditions set forth herein;

Now, therefore, for and in consideration of the mutual covenants contained in this Agreement, and other good and valuable consideration, the parties agree as follows:

I. Employment.

A. Employee agrees to serve as the Executive Chef of the Restaurant at . Employee shall report directly to the Company’s manager (the Manager), as an at-will employee commencing on the date Employee commences to perform his/her duties hereunder.

B. During his/her Employment, Employee shall perform the following duties with such additional duties as may from time to time be assigned by the Manager:

1. Ensures the smooth running of the kitchen, maintaining the quality of product and service.
2. Oversee all aspects of the kitchen operations; including menu planning, food costs, banquets, catering, as well as recruitment, retention and development of kitchen employees.
3. Executive Chef must be available to represent the Restaurant at special events, PR activities, and other catering locations.
4. Manage Kitchen Staff: scheduling, training, biannual job performance reviews, ensuring employee development and safety in the kitchen.
5. Food Cost: work with the purchasing manager to order food and keep food cost at an approved range.
6. Quality Control: ensure quality of dishes and be sure they are served on schedule. Approve all prepared items that leave the kitchen. Develop and standardize recipes to ensure consistency.
7. Safety and Sanitation: Be sure that entire kitchen, steward’s area, fridges, storage etc. are up to health code standards. Work with in house Health Department representative to ensure an “A” inspection score. Work with to maintain all kitchen equipment.
8. Keep Dining Room Informed: Provide and maintain menu descriptions for all menu items. Attend service meetings to provide daily information about special and kitchen happenings.
9. Executive Chef Company Projects: Be available to assist or perform entirely any in house or off premise projects. Be sure to recognize and meet all deadlines and expectations of assignments.

II. Loyalty and Diligence. Employee shall at all times exert his/her best efforts to promote the success of Restaurant, and shall discharge his/her duties and responsibilities in a trustworthy manner. Employee shall do nothing which will in any way impair or prejudice the name or reputation of the Company.

III. Compensation.

A. During his/her Employment, subject to all of the terms and conditions of this Agreement, the Company shall pay the Employee a base monthly salary of $ per month (the Base Salary), payable in accordance with Company’s usual payroll policies, less such deductions or amounts to be withheld as shall be required by law, or by any plans of the Employer to which Employee is covered.

Employee's Base Salary shall be subject to annual review and potential adjustments by the Company’s Board of Directors, effective as of the first day of each year.

B. Company shall provide the Employee with a cell phone, and shall pay up to $ per month worth of expenses related to the cell phone. If expenses related to the cell phone exceed $ per month such amount in excess of $ shall be deducted from the Employee’s Base Salary.

C. Company shall provide Employee with the use of a work computer, but said computer shall remain the property of the Company.

D. Company shall reimburse Employee up to $ , to cover the relocation expenses of the Employee, provided Employee provides documentation satisfactory to the Company to support the costs.

E. Company shall supply work clothing to Employee and shall pay for the dry cleaning of said work clothing.

IV. Bonuses.

V. Representations, Warranties, and Covenants of Employee. In order to induce the Company to enter into this Agreement with Employee on the terms and conditions set forth herein, Employee hereby represents and warrants that he/she is not a party to or bound by any agreement, arrangement or understanding, written or otherwise, which, directly or indirectly, prohibits or in any manner restricts his/her ability to enter into and fulfill his/her obligations under this/her Agreement and/or to be employed by and serve as an employee of Company. Employee is not subject to any pending or, to Employee’s knowledge, threatened claim, action, judgment, order, or investigation that could adversely affect his/her ability to perform his/her obligations under this Agreement, or to maintain the business reputation of the Company.

VI. Other Benefits. During the Employment Term, Employee and his/her family, to the extent that the Company provides such benefits or plans to managerial employees generally, shall be entitled to participate in all of Company's benefit plans such as medical and disability plans, in accordance with their provisions, and other benefits extended by Company from time to time to its employees, such as vacations, holidays and sick leave, all to the same degree as other general employees of the Company. Company may, at any time, modify, amend, and/or terminate any of these plans or benefits with respect to all of its employees, to the extent permitted by law, without obligation to Employee.

VII. Severability. The invalidity of any portion of this Agreement will not and shall not be deemed to affect the validity of any other provision. If any provision of this Agreement is held to be invalid, the parties agree that the remaining provisions shall be deemed to be in full force and effect as if they had been executed by both parties subsequent to the expungement of the invalid provision.

VIII. No Waiver. The failure of either party to this Agreement to insist upon the performance of any of the terms and conditions of this Agreement, or the waiver of any breach of any of the terms and conditions of this Agreement, shall not be construed as subsequently waiving any such terms and conditions, but the same shall continue and remain in full force and effect as if no such forbearance or waiver had occurred.

IX. Governing Law. This Agreement shall be governed by, construed, and enforced in accordance with the laws of the State of .

X. Notices. Unless provided herein to the contrary, any notice provided for or concerning this Agreement shall be in writing and shall be deemed sufficiently given when sent by certified or registered mail if sent to the respective address of each party as set forth at the beginning of this Agreement.

XI. Attorney’s Fees. In the event that any lawsuit is filed in relation to this Agreement, the unsuccessful party in the action shall pay to the successful party, in addition to all the sums that either party may be called on to pay, a reasonable sum for the successful party's attorney fees.

XII. Mandatory Arbitration. Notwithstanding the foregoing, and anything herein to the contrary, any dispute under this Agreement shall be required to be resolved by binding arbitration of the parties hereto. If the parties cannot agree on an arbitrator, each party shall select one arbitrator and both arbitrators shall then select a third. The third arbitrator so selected shall arbitrate said dispute. The arbitration shall be governed by the rules of the American Arbitration Association then in force and effect.

XIII. Vacation. Company shall provide employee with a vacation of days with pay each year during the term of this Agreement, the time for Employee's taking such vacation shall be determined by mutual agreement between Company and Manager.

XIV. During the Employee's employment with the Company, Company agrees, to the fullest extent permissible by law, not to make, directly or indirectly, any public or private statements, or other verbal or nonverbal, direct or indirect communications about the Employee's background and/or his/her previous employers.

XV. Entire Agreement. This Agreement shall constitute the entire agreement between the parties and any prior understanding or representation of any kind preceding the date of this Agreement shall not be binding upon either party except to the extent incorporated in this Agreement.

XVI. Modification of Agreement. Any modification of this Agreement or additional obligation assumed by either party in connection with this Agreement shall be binding only if placed in writing and signed by each party or an authorized representative of each party.

XVII. Assignment of Rights. The rights of each party under this Agreement are personal to that party and may not be assigned or transferred to any other person, firm, corporation, or other entity without the prior, express, and written consent of the other party.

XVIII. Counterparts. This Agreement may be executed in any number of counterparts, each of which shall be deemed to be an original, but all of which together shall constitute but one and the same instrument.

XIX. Compliance with Laws. In performing under this Agreement, all applicable governmental laws, regulations, orders, and other rules of duly-constituted authority will be followed and complied with in all respects by both parties.

WITNESS our signatures as of the day and date first above stated.