CHEF SERVICES AGREEMENT
IN CONSIDERATION OF the matters described above and of the mutual benefits and obligations set forth in this Agreement, the receipt and sufficiency of which consideration is hereby acknowledged, the Client and Contractor (individually the “Party” and collectively the “Parties” to this Agreement) agree as follows.
1. The Client hereby agrees to engage the Contractor to provide the Client with the following chef service.
2.The Venue for the service will be carried out at the address provided on checkout or as agreed with the chef.
3.The Contractor will provide the service on: A regular slot that will be agreed and shown in your user account.
For “Off the Cuff” cooks you date and time will be agreed by communicating with the chef before the service is carried out.
4.The service may also include any other cooking service the Parties may agree on. The Contractor hereby agrees to provide such a service to the Client.
Term of Agreement
5. The term of this Agreement (the “Term”) will begin on the date of this agreement and will remain in full force and effect indefinitely until terminated as provided in this Agreement.
6. In the event either Party wishes to terminate this Agreement, that Party will be required to provide 7 days’ written notice to the other Party. This does not apply to “Off the Cuff” users.
7. In the event that either Party breaches a material provision under this Agreement, the non-defaulting Party may terminate this Agreement immediately and require the defaulting Party to indemnify the non-defaulting Party against all reasonable damages.
8. The Agreement may be terminated at anytime by mutual agreement of both Parties.
9. Except as otherwise provided in this Agreement, the obligations of the Contractor will end upon the termination of this Agreement.
10. The Parties agree to do everything necessary for the terms of this Agreement to take effect.
11. Except as otherwise provided in this Agreement, all monetary amounts referred to in this Agreement are in AUD (Australian Dollars).
12. The Contractor will charge the Client for the Services as follows (the “payment”) and are subject to change:
Prices can be found on the Chef Dine pricing page: https://tinyurl.com/ycomdn8y
• Food Cost at Cost Price direct to Your Grocer unless items where unavailable and ChefDine are to source.
One time sign-up fee off $159 inc get
$20 per cook date will be charged during the paused period for each cook date missed.
$15 late order fee will be charged after the cut off time.
After 4 cancellations a new sign-up fee will be charged.
Monday – Wednesday cooks, orders in by 4pm the Friday before
Thursday – Friday cooks, orders in by 4pm the Monday before.
Sunday cooks, orders in by 4pm the Thursday before.
After repeated cancellations your account will be reviewed.
A minimum order of $210 must be made for each cook in-house. Orders under $21o will incur a $15 delivery fee.
As an Off the Cuff user a 10% service fee will apply.
13. The Invoice will be submitted by the Contractor to the Client on the date of the cook session and due upon receipt (same day). No further cooks will proceed until outstanding invoices are settled.
14. (a) In the event that this Agreement is terminated by the Client prior to completion of the Service but where the Services have been partially performed, the Contractor will be entitled to full payment provided there has been no breach of contract on the part of the Contractor.
14.(b) Cooks that fall on a Public Holiday will be cancelled unless otherwise agreed upon. Cook dates may be rescheduled or an additional fee will be charged for the cook to proceed.
15.(c) An increase of 3% will occur at the renewal of each financial year.
Reimbursement of Expenses
15. The Contractor will be reimbursed following expenses reasonably incurred by the Contractor in connection with the service.
16. Confidentiality Information (the “Confidential Information”) refers to any data or information relating to the business of the Client which would be reasonably considered to be proprietary to the Client including, but not limited to, accounting records, business processes and client records and that is not generally known in the industry of the Client and where the release of that Confidential Information could reasonably be expected to cause harm to the Client.
17. The Contractor agrees they will not disclose, divulge, reveal, report or use, for any purpose, any Confidential Information which the Contractor has obtained, except as authorized by the Client or as required by law. The Contractor further agrees they will not disclose, divulge, reveal, report or use, for any purpose, any personal Information apart from to yourgrocer.com.au without written consent of the Client. The obligations of confidentiality will apply during the term of this Agreement except in the case of Confidential Information which is trade secret in which case those obligations will last indefinitely.
Return Of Property
18. Upon the Expiry of termination of this Agreement, the Contractor will return to the Client any property, documents, records, or confidential Information which is the property of the client.
19. In providing this service under this Agreement it is expressly agreed that the Contractor is acting as an Independent Contractor and not as an employee. The Contractor and the Client acknowledge that this Agreement does not create a partnership or joint venture between them, and is exclusively a contract for service.
20. All notices, requests, demands or other communications required by the terms of this agreement will be given in writing and delivered to the Parties at the following email addresses:
The Contractor: email@example.com
The Client: ________________________
or to such other addresses as either Party may from time to time notify the other.
Australian Business Number (ABN)
21. The Australian Business Number (ABN’s) for the Parties to this agreement are as follows The Client
James Imbusch 22440043062
22. Except to the extent paid in settlement from any applicable insurance policies, and to the extent permitted by applicable law, each Party agrees to indemnify and hold harmless the other Party, and its respective affiliates, agents and employees and permitted successors and assigns any and all claims, losses, damages, liabilities, penalties, punitive damages, expenses, reasonable legal fees and costs of any kind or amount whatsoever, which result from or arise out of any act or omission of the indemnifying Party, its respective affiliates, agents, emplyees, and permitted successors and assigns that occurs in connection with the Agreement. This indemnification will survive the termination of this agreement.
23. Cancellation of a of the session within 7 days will incur a 50% charge on the service plus the costs of purchases. Cancellation of a cook session within 48 hours of the cook session will incur full payment of the service and food purchases.
24. Orders must be placed by 5pm:
The Thursday prior to a Monday or Tuesday cook session
The Friday prior to a Wednesday cook session
The Monday prior to a Thursday or Friday cook session.
Default menu selection – in the event an order can not be placed a default me selection will be made.
25. During the Cook Session, children and pets must not be in the area where the service is being carried out.
26. The Client and members of the residence should not make use of the area in which is needed for the service to be carried out.
27. Children must not be left unattended with the chef or left in the residence while the cook session is being carried out.
Modification of the Agreement
28. Any amendment or modification of this Agreement or additional obligation assumed by either Party in connection with this Agreement will only be binding if evidence in writing signed by each Party or an authorized representative of each Party.
Time is of the Essence
29. Time is of the essence in this Agreement. No extension or variation of this Agreement will operate as a waiver of this provision.
30. The Contractor will not voluntarily, or by operation of law, assign or otherwise transfer its obligations under this Agreement without the prior consent of the Client.
31. It is agreed that there is no representation, warranty, collateral agreement or condition affecting this Agreement except as expressly provided in this Agreement.
32. This Agreement will enure to the benefit of and be binding on the Parties and their respective heirs, executors, administrators, permitted successors and assigns.
33. Headings are inserted only for the convenience for both Parties and are not to be considered when interpreting this Agreement.
34. Words in the singular mean and include the plural and vice versa. Words in the masculine mean and include the feminine and vice versa.
35. This Agreement will be governed by and construed in accordance with the laws of the State of Victoria.