Food Safety Disclaimer

FOOD SAFETY DISCLAIMER AND SERVICES AGREEMENT

Parties

Recitals

WHEREAS, Client desires to retain Provider to provide food preparation, packaging, catering, distribution, or related food services as described in this Agreement, and Provider represents that it operates food services and shall perform such services in accordance with the terms set forth herein; and

WHEREAS, the parties acknowledge that food handling involves inherent risks, including but not limited to foodborne illness and cross-contamination, and the parties wish to allocate responsibilities and liabilities with respect to food safety, disclosure of allergens, and related matters; and

WHEREAS, this Agreement sets forth the scope of services, payment terms, safety acknowledgments, disclaimers, and the parties' respective obligations and remedies.

Agreement Effective Date

This Agreement is effective as of (Effective Date).

Scope of Work

Provider will perform the food services described below. Provider shall use commercially reasonable procedures, trained personnel, and sanitary practices appropriate to the services provided.

Food Safety Acknowledgement and Disclaimer

Provider represents that it will perform services in compliance with applicable food safety laws and will maintain reasonable sanitary standards. Notwithstanding such representation, Client expressly acknowledges and agrees that Provider cannot guarantee the absence of all risk of foodborne illness or cross-contamination.

Client shall disclose in writing to Provider all known food allergies, dietary restrictions, and medically relevant dietary requirements prior to Provider's performance of services. Client acknowledges that failure to disclose allergies or dietary restrictions may increase the risk of adverse health events and that Provider shall not be liable for such events arising from undisclosed conditions except to the extent caused by Provider's gross negligence or willful misconduct.

Client affirms: I have disclosed all known allergies and dietary restrictions to Provider in writing prior to service.

Payment Terms

Client will pay Provider as follows.

All payments due hereunder are exclusive of applicable taxes. If Client fails to make timely payments, Provider may suspend services after written notice and exercise any available remedies under law.

Term and Termination

This Agreement shall commence on and shall terminate on unless earlier terminated as provided herein.

Either party may terminate this Agreement for convenience upon days' prior written notice to the other party. Either party may terminate immediately for material breach that remains uncured for 10 days after written notice or for gross negligence or willful misconduct of the other party.

Confidentiality

Each party agrees that all nonpublic information disclosed by the other party in connection with this Agreement that is identified as confidential or reasonably should be understood to be confidential (Confidential Information) will be held in confidence and used only to perform obligations under this Agreement. Confidential Information does not include information that is or becomes public through no breach by the receiving party or is rightfully received from a third party without restriction.

The obligations of confidentiality will survive termination of this Agreement for a period of three years, except that trade secrets shall be protected to the extent permitted by law.

Indemnification and Limitation of Liability

Client agrees to indemnify, defend, and hold Provider harmless from and against any claims, liabilities, losses, damages, costs, or expenses (including reasonable attorney fees) arising out of Client's failure to disclose allergies, dietary restrictions, or other material health information, or arising from Client's negligence or willful misconduct.

Except for liability arising from Provider's gross negligence or willful misconduct, Provider's total liability for any claim under this Agreement shall be limited to the total fees paid by Client to Provider under this Agreement. NEITHER PARTY SHALL BE LIABLE FOR CONSEQUENTIAL, INCIDENTAL, PUNITIVE OR SPECIAL DAMAGES.

Governing Law

This Agreement shall be governed by and construed in accordance with the laws of without regard to conflict of law principles.

Representations and Warranties

Each party represents that it has full authority to enter into this Agreement. Provider represents that it will perform services in a commercially reasonable manner consistent with industry standards. Client represents that any information provided to Provider regarding food allergies, sensitivities, or medical conditions is complete and accurate to the best of Client's knowledge.

Entire Agreement

This Agreement, including any written attachments or addenda executed by the parties, constitutes the entire agreement between the parties concerning the subject matter hereof and supersedes all prior and contemporaneous agreements, proposals, and communications, whether written or oral. Any amendment must be in writing and signed by both parties.

Miscellaneous

If any provision of this Agreement is held invalid or unenforceable, the remaining provisions shall remain in full force and effect. No waiver of any breach will be effective unless in writing and signed by the waiving party.

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