Restaurant Fish Bar Template

Restaurant Fish Bar Agreement

Parties and Effective Date

This Agreement is made and entered into on between Restaurant Name: located at and Fish Bar Operator (Operator) Name:

Recitals

WHEREAS, Restaurant owns and operates a food and beverage establishment and seeks to offer a dedicated fish bar concept on its premises in accordance with applicable health and safety regulations; and

WHEREAS, Operator represents that it has the skill, experience and licenses necessary to design, supply, install, staff and operate the fish bar and to procure fish and seafood for sale to Restaurant customers; and

WHEREAS, the Parties desire to set forth the terms and conditions under which Operator will operate the fish bar at the Restaurant location.

Scope of Work

Payment Terms

Operator shall be paid as follows: Base fee per month of USD for operation of the fish bar. Additional fees for special events, premium product procurement, or overtime shall be charged as set forth in invoices.

Invoices are due and payable within days of receipt. Late payments shall incur interest at the rate of per month (or the maximum allowed by law), commencing after a grace period of days. If the Restaurant fails to pay any undisputed amounts when due, Operator may suspend services after providing written notice of intent to suspend and a ten (10) day opportunity to cure.

Term and Termination

The term of this Agreement shall commence on and shall continue until unless earlier terminated in accordance with this Section.

Either Party may terminate this Agreement upon written notice if the other Party materially breaches any obligation and fails to cure the breach within thirty (30) days after receipt of written notice specifying the breach. Either Party may terminate without cause upon providing the notice period specified above. Termination shall not relieve either Party of obligations accrued prior to termination.

Confidentiality

For purposes of this Agreement, "Confidential Information" means all non-public business, financial, operational and customer information disclosed by one Party ("Disclosing Party") to the other Party ("Receiving Party") whether disclosed orally, in writing or electronically. Confidential Information does not include information that: (a) is or becomes generally available to the public other than as a result of a breach of this Agreement; (b) was rightfully known to Receiving Party prior to disclosure; or (c) is independently developed by Receiving Party without use of the Disclosing Party's Confidential Information.

Receiving Party shall: (i) use Confidential Information only for performance under this Agreement; (ii) protect Confidential Information with at least the same degree of care it uses to protect its own confidential information but in no event less than reasonable care; and (iii) not disclose Confidential Information to third parties except to employees, contractors or advisors who have a need to know and are bound by confidentiality obligations no less protective than those herein. The obligations of confidentiality shall survive termination of this Agreement for years, except with respect to trade secrets, which shall remain protected as long as they qualify as trade secrets.

Insurance and Compliance

Operator shall maintain, at its sole cost, commercial general liability insurance, workers' compensation, and product liability insurance customary for the seafood and food service industry and shall provide certificates of insurance upon reasonable request. Operator shall comply with all applicable health, safety, licensing and food handling laws and regulations.

Indemnification

Each Party shall indemnify, defend and hold harmless the other Party, its officers, directors and employees from and against any third-party claims, liabilities, damages, losses and expenses (including reasonable attorneys' fees) arising out of the indemnifying Party's negligence, willful misconduct, breach of this Agreement, or its violation of law, except to the extent such claims arise from the indemnitee's gross negligence or willful misconduct.

Governing Law and Dispute Resolution

This Agreement shall be governed by and construed in accordance with the laws of the State of without regard to its conflicts of law principles. The Parties shall attempt in good faith to resolve disputes by negotiation. If unresolved within thirty (30) days, disputes shall be resolved by binding arbitration in the county in which the Restaurant is located, conducted by a single arbitrator under commercially reasonable arbitration rules, and judgment on any award may be entered in any court of competent jurisdiction.

Assignment and Independent Contractor

Operator is an independent contractor and not an employee, partner or joint venturer of Restaurant. Neither Party may assign or transfer its rights or obligations under this Agreement without the prior written consent of the other Party, except that Restaurant may assign to an affiliate or purchaser of substantially all of its assets without Operator's consent.

Entire Agreement; Amendments

This Agreement, including any exhibits and schedules attached hereto and any written amendments executed by the Parties, constitutes the entire agreement between the Parties regarding the subject matter hereof and supersedes all prior and contemporaneous agreements, proposals, negotiations and communications, whether written or oral. No modification of this Agreement shall be effective unless in writing and signed by both Parties.

Notices

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