Takeout Order Document

TAKEOUT ORDER AGREEMENT

Parties

This Takeout Order Agreement (the Agreement) is entered into by and between:

WHEREAS

WHEREAS, Restaurant Name is engaged in the business of preparing and selling prepared food items for takeout and has facilities to accept and fulfill takeout orders;

WHEREAS, Customer desires to place a takeout order for certain food and beverage items and desires the terms set forth in this Agreement to govern the order, payment, pickup/delivery, and other obligations of the parties;

NOW, THEREFORE, in consideration of the mutual covenants contained herein, the parties agree as follows.

Scope of Order

Restaurant agrees to prepare and provide the food and beverage items described below (Order Items) for Customer in accordance with the specifications, quantities and pickup/delivery instructions set forth in this Agreement.

Order Details

Order Number:     Date of Order:

Takeout / Customer pickup     Delivery by Restaurant or third-party

Requested Pickup/Delivery Date:     Requested Time:

Itemized Order

Enter up to six (6) line items. Calculate line totals before submission.

Subtotal: $    Tax: $    Service Charge: $

Total Amount Due: $

Payment Terms

Customer shall pay the Total Amount Due in accordance with the selected payment method. Payment method (select all that apply):

Cash    Card on pickup    Online / Prepaid    Charge to account

Term and Termination

This Agreement is effective as of the order date and governs the takeout order described herein. Term start date: . Expected completion (pickup/delivery) date: .

Either party may terminate this order prior to preparation or prior to pickup/delivery by providing written notice to the other party. Required notice period: . If termination occurs after preparation has begun, Customer may remain liable for costs reasonably incurred by Restaurant.

Cancellation and Refunds

Cancellation policy:

Refunds will be issued in accordance with the Restaurant's policy above and applicable law. Deposits may be retained to cover preparation and administrative costs if cancellation is within the notice period described above.

Confidentiality

Each party shall treat as confidential any non-public proprietary information disclosed by the other party in connection with the preparation and fulfillment of this order, including special recipes, customer-specific information and pricing terms. Confidential information does not include information that is (i) publicly known through no fault of the receiving party; (ii) rightfully received from a third party without restriction; or (iii) independently developed without use of the disclosing party's confidential information.

Warranties and Food Safety

Restaurant warrants that food will be prepared in a manner consistent with industry practices and applicable health and safety laws. Customer acknowledges that prepared foods are perishable and agrees to inspect items promptly upon receipt. Restaurant's sole liability for claims relating to food quality shall be limited to replacement of items or refund of the purchase price, at Restaurant's discretion, except where applicable law requires otherwise.

Governing Law

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

Entire Agreement

This Agreement, including any written order confirmations and attached addenda, constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior and contemporaneous agreements, understandings and representations. Any amendment must be in writing and signed by both parties.

Miscellaneous Provisions

If any provision of this Agreement is held invalid or unenforceable, the remaining provisions shall remain in full force and effect. Neither party may assign its rights or obligations without the prior written consent of the other, except that Restaurant may assign to an affiliate or in connection with a sale of substantially all of its assets.

Acknowledgment

By signing below, each party represents and warrants that it has authority to enter into this Agreement and that the information provided herein is true and correct to the best of its knowledge.

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