LOGO. Caterer. Golf Club. Telephone: Facsimile: Contact - General Manager: Catering ABN: Telephone: Facsimile: Contact - Owner/Operator:

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1 LOGO Golf Club Telephone: Facsimile: Contact - General Manager: Caterer Catering ABN: Telephone: Facsimile: Contact - Owner/Operator: HEADS OF AGREEMENT

2 THIS HEADS OF AGREEMENT ("Agreement") is made between Golf Club ( ) and (Caterer) (each of Club and Caterer are a "party" and together, the "Parties"). The Caterer point of contact for all catering issues will be: Club point of contact for any catering operational, service or otherwise including reviews and performance monitoring will be the General Manager. SCHEDULE OF DATES Date of Agreement May 2011 Term of Agreement (12 months rolling) Anniversary Date (12 months from date of agreement) May 2012 Review Date (3 months prior to anniversary date) February 2012 Club and Caterer AGREE 1. Activities Caterer will be responsible for any and all Club catering requirements including: Normal Member Activities Members will be provided with quality food and service on any Match day or normal golf day as stipulated in section 4 of this agreement covering normal or stipulated catering hours as stipulated in clause 4 or as required by Committee and/or Management. Additional Member Activities Members will be provided with quality food and service on any Additional Match day as stipulated by the Committee of the Day and this agreement. (Example: Twilight Golf Nights). Special Member Event Activities Members will be provided with quality food and service on any Special Member Event day or evening as stipulated by the Committee of the Day and this agreement. (Example: Pro-Am Golf Day/Night) Normal Club Event Activities Members will be provided with quality food and service during Normal Club Event Activities as stipulated by the Committee of the Day and this agreement. (Example: Annual General Meeting, Club Meetings, Pennant Days/Nights). Special Club Event Activities Members will be provided with quality food and service on any Special Club Event Activities as stipulated by the Committee of the Day and this agreement. (Example: Concerts, Family Days, Open Days) Special Events/Activities Members & Guests will be provided with quality food and service on any Special Event Activities as stipulated by the Committee of the Day and this agreement. (Example: Private Functions, Wedding receptions, Engagement parties) 2. ONGOING CATERING PRINCIPLES, SKILL AND TRAINING Caterer will be responsible for the following: All food safety management requirements in accordance with Part 6 of this agreement. Superior skill and delivery of quality catering products to Club members as per hours of operation schedule set out in section 4 of this agreement. 2. ONGOING CATERING PRINCIPLES, SKILL AND TRAINING (Cont.) Costs involved in delivery of quality catering products to members and guests in accordance with Part 7 of this agreement. 2

3 Supplying Club with appropriately skilled catering professionals during any food preparation and delivery to Members and Guests including all activities as set out in Part 1 of this agreement. The supply of ongoing training of all chefs, cooks, food preparation staff, kitchen hands, waiters and support staff with recommendations and the organization of the use of external trainers from time to time to be financed by the Caterer. The supply and organization of appropriate kitchen staff levels for various required catering times and the complete upkeep of rosters including appropriate and effective communication with the General Manager in relation to all Club Staffing levels and arrangements. Menu organization in accordance with Part 7 of this agreement. Full consultation including appropriate introductions to the General Manager of all potential staff members intended for Club Member service by Caterer. 3. ONGOING TERMS AND CONDITIONS Club agrees to allow the Caterer exclusive use of the club kitchen with access 24 hours a day if necessary for the period identified in the schedule of dates. The General Manager will call a meeting with Caterer to discuss continuation of the contract between Club and Caterer or the cancellation of any ongoing relationship between Club and Caterer. All the terms and conditions of this contract will fall for a formal review 3 months prior to the anniversary date. From commencement of this Agreement, Caterer will meet on a monthly basis with the General Manager to continually monitor and review the following areas: Quality food, Variety of food, Service, Member Satisfaction, Trade and Corporate Client Satisfaction, Staff Presentation, Overall Presentation, Committee Satisfaction, Improvement and Development. 3.1 TERMINATION CLAUSE If either party wishes to terminate the relationship, a maximum of 3 months notice will be required and must be in writing. Either party may seek to terminate the relationship at any time subject to mutual agreement. The terms and conditions of this contract will be upheld during the notice period. 4. NORMAL OPERATING HOURS To be reviewed and agreed upon with the General Manager. We would expect Caterer to meet the Club s seasonal requirements throughout the year and this will be discussed and agreed upon with the General Manager. The following table should be used as a guide. Times may only vary when agreed upon between the General Manager and Caterer. Day Open Close Monday closed closed Tuesday 10.30am 3pm Wednesday 10.30am 5.30pm Thursday 10.30am 3pm Friday 10.30am 5.30pm Saturday 9am 6pm Sunday 9am 5.30pm 5. AGREEMENT RENEWAL Club will undertake to supply all kitchen facilities and reasonable marketing support as set out in Part 9 of this agreement to the Caterer in the attempt to build and consolidate in-house catering services to all Club members, guests and corporate and trade invitees. The Caterer agrees to abide by Club staff conduct policy and ensure quality of product and service. 6. KITCHEN MANAGEMENT AND CATERING REQUIREMENTS 3

4 The Caterer will be responsible for all kitchen-related management including the assurance of the following: All Occupational Health and Safety requirements of Federal, State and Local Government health and safety departments with all aspects of kitchen control. All food safety requirements including training of kitchen staff ensuring all required food safety standards at Federal, State and Local Government are met. All insurance requirements and appropriate cover for any potential Work Cover related incident including on and off premises, staff and customer related incident which also includes Product Liability Insurance. Appropriate level of kitchen staffing including chefs, kitchen hands and food waiters (not drinks waiters) or any other specialist staff needed for normal day to day operations or club functions. Contingency planning for sick or injured staff or equipment breakdown to assure continuation of normal or function catering services. Appropriate waste management. Ie - daily rubbish removal Communication with the club of any issue that may impact on normal day to day operations such as club cleaning schedules. Ie - abnormal hours of operation. Security of equipment, tools, implements and food stuffs in accordance with Club policy. Emergency evacuation planning. The Caterer will be responsible for the normal operations of Club s catering needs on all days and times required by Club. The Caterer or an agreed representative will be responsible for all quality assurance of any food served during normal day to day operations and club functions including: Food choice with reviews and recommendations agreed upon by both parties. Menu arrangement and production including light snack type meals to full course breakfast, lunches and dinners. the variety of food served including new food products from time to time. NB. The General Manager retains the ultimate right to reject or request a replacement of any food or meal served in whole or part without incurring the Club any additional cost at any time where the General Manager can give reason as to either the lack of quality or insufficient service to Members, Guests and Trade on any given day. the quality of food served including presentation and delivery as well as the provision of serving advice and staff organizational advice according to event structure. the volume of food per serving and the temperature of food served (in accordance with food safety requirements). The Caterer undertakes to communicate new Members of staff in advance of hiring allowing Club procedural staff checks to take place including any necessary Police checks or otherwise during the initial hiring process. The General Manager can reject the hiring of any Member of Catering staff at anytime with fair notice to the Caterer. Staff on premises are subject to all Club staff rules and regulations. Club has the right to request the Caterer to conduct disciplinary counseling with any Member of the Catering staff through lack of customer service, delivery or any other neglected or insufficient Club process on request by the General Manager. 7. KITCHEN RENTAL The Caterer is required to adhere to the agreed monthly rental schedule: Subject to review and agreement between both parties the rental will be $ 1,000 inc GST per month. Future rentals will be subject to review and recommendation of the Club Board. Monthly rental is due on the 1 st day of every Month. 8. MENU AND PRICING REQUIREMENTS. 4

5 The parties will agree upon the pricing of all menu items and the General Manager of Club and the Caterer must agree upon any change in pricing or addition to pricing. In the event of no agreement, the matter to be resolved pursuant to section 14. The production of menus will be the responsibility of the Caterer in accordance with the needs and wants of Club. The production and costs of menus will need to be a joint agreement between both parties to ensure current menus are available for all members and in all relevant areas of the club. The menu will be of high quality including elements such as: Style and Layout Frequency Special Offers Chefs Specials and; Additional wording or notices of food or otherwise included on any current or future Menu. 9. KITCHEN/CATERING AND RELATED COSTS All costs for any food types and all volume of food regardless of its use will be incurred by the Caterer. All energy costs including gas and electricity and water will be paid by Club. All kitchen related staffing costs and additional service staff to manage serving demands will be incurred by the Caterer. Club will pay for any maintenance costs relating to normal wear and tear through club kitchen catering operations of all Club owned equipment and facilities. Club will incur any setup table/chairs/decorating costs relating to normal club or private function or event. Club will contribute to any stationary, menu and advertising design and printing costs for marketing purposes for all Club related Catering requirements. Additional costs including telephone, facsimile or stationary not related to club catering operations shall be incurred by the Caterer. 9.1 FUNCTION CANCELLATION POLICY In the event of a Club organized function being cancelled the Club will be in receipt of a function deposit. If a function is cancelled with less than 7 days notice, the deposit is non refundable and the Caterer may in consultation with the General Manager submit a claim for the catering costs incurred which cannot be otherwise recouped. Eg food stock that cannot be reasonably used for another purpose. The claim will be assessed by the General Manager and the deposit applied to the claim. Where no deposit exists, the Club will be responsible for the Claim in the same way as if a deposit was paid. 10. MARKETING AND PROMOTION Parties will endeavor to promote and market Club s catering services at all times in a professional and organized manner. All marketing and promotional material must be agreed by both parties before release and be accompanied by both a timetable of marketing release and an authorization form developed by both parties and signed by the Caterer and the General Manager. A timetable of events accompanied with appropriate marketing and promotional materials will be agreed upon on a weekly basis. All marketing and promotional material will be monitored and reviewed on a weekly basis through direct member contact, Committee and staff observations. 11. FOOD PAYMENT, COLLECTION, CONTROL AND PROFITS Club requires the Caterer to collect all monies via the supplied main kitchen register. The Caterer will retain all receipts and records relating to their operations. 12. PERIODIC CLUB CATERING NON-PROFIT OR SOCIAL CLUB ACTIVITIES The Caterer will allow the periodic introduction of foods purchased by Club to be sold or raffled for charity or social club revenue generation (e.g. meat trays, turkeys, hams). 13. CLUB BARBEQUE / SPIKEBAR OPERATION 5

6 The Caterer will facilitate the continuation of all competition day member Spike Bar food needs ensuring adequate volume of food, food choice, freshness and staffing and OH&S requirements adhering at all times to any heat or safety policy as outlined by Club and/or government requirements. A BBQ is provided should the Caterer choose to use it. (Days of Total Fire Ban BBQ not to operate) BBQ s will only operate on a service when required basis which is to be agreed between Club and the Caterer. 14. DISPUTE RESOLUTION In the event of a dispute arising between the parties of this agreement, the procedure to be followed to resolve the dispute will be as follows: a) the parties will meet privately to discuss the matter and try to reach agreement b) if the matter is not resolved at such a meeting the parties shall arrange for further discussions in the presence of their legal representatives c) If the matter cannot be resolved the parties may elect to have the matter settled through formal mediation. 15. VARIATION OF AGREEMENT CLAUSE The parties by agreement may elect to vary aspects of this agreement from time to time. Any variation must be agreed upon by both parties with the variation detailed in writing and signed and dated by both parties. A copy of the variation is to be kept by both parties and attached to the original agreement. Club and the Caterer agree in full to the above terms and conditions, requirements, processes, procedures and schedules as set out through Parts 1 to 15 inclusive. Signed: Signed: General Manager Club Golf Club Witnessed: The Caterer Owner/Operator Witnessed: Dated this.. day of... Dated this.. day of... 6

WHYALLA HOCKEY and SPORTING COMMUNITY CLUB

Form Number WHA3021.5 WHYALLA HOCKEY and SPORTING COMMUNITY CLUB Facility Hire Information Package Whyalla Hockey and Sporting Community Club Corner of Nicolson Avenue and Searle Street PO Box 5608 Telephone: