1 Restaurant Memorandum of Agreement Host and Rest 2013 MEMORANDUM OF AGREEMENT Entered into between Trade Firm 135 (Pty) Ltd Trading As Bloemendal Restaurant (hereinafter called Bloemendal ) And (Full Names) (Identity Number) (Please supply a copy of Identity Document) (hereinafter called the Host) Whereas the parties have entered into an agreement which they are desirous of recording in writing.
2 It is agreed as follows: 1. FUNCTION TYPE Function type to be indicated below: -Wedding -Conference - Medieval -Other (Specify) 2. VENUE OPTIONS, FEES, MENUS, BAR ARRANGEMENTS & TABLE SIZES 2.1 Bloemendal will make available to the Host the following venue/s as indicated Venue Pax Venue - Bloemendal Fee - Main Restaurant 150-250 @ R9800.00 - Cellar 50-120 @ R6800.00 - Conference 20-50 @ R1500.00 - Private Lounge 10-20 @ R1200.00 for the purpose of a to be held on (day/month/year) from until..(here in after call the function ). 2.2 The venue fee as indicated above excludes all food, beverages, flowers and décor but includes the indicated venue use of all standard equipment i.e. tables, chairs, cutlery, crockery, glasses and cleaning of the venue. 2.3 An agreed service fee equal to 10%, 12% or 15% of the value of the final food and beverage account will be included in and settled with the payment of the final invoice. SERVIECE FEE - 10% (NORMAL FUNCTION) - 12% (WEDDING WITH OUT CEREMONIE ON PREMISES AND SUNDAYS) - 15% (WEDDING WITH CEREMONIE ON PREMISES AND FUNCTIONS OVER 100 PAX)
3 MENUS: INITIAL... BUFFET: R298.50 COCKTAIL: R109.50 R289.50 R169.50 R279.50 R199.50 R269.50 BREAKFAST: R169.50 MEDIEVAL: R349.50 BRAAI: R220.50 CONFERENCE: HALF DAY @ R275.00 CONFERENCE: FULL DAY @ R295.00 * The R298.50 Menu can be served in every venue. Should the Host decide to use the Main Restaurant, the host must make use of either the R298.50 Menu or the R169.50 Breakfast Menu, depending on the function time and type* COURT JESTER: R1500.00 CEREMONIE CHAIRS: JUKE BOX: R1500.00 (R5.00 per chair) DATA PROJECTOR: R850.00 P.A. SYSTEM & MIC: R1850.0 DANCE FLOOR R2500.00 * DIETARY REQUIREMENTS (PLEASE INDICATE THE AMOUNT OF GUESTS) HALAAL: R79.50 EXTRA PP ON THE CHOSEN MENU. VEGETARIAN: KOSHER: R330.00 OTHER R. BAR ARRANGEMENTS TABLE SIZES: Unlimited Tab: All beverages that are ordered by guests will be settled by the Host. Limited Tab: The Host will indicate what beverages may be ordered on the Tab. Cash Bar: Guests will pay for all beverages ordered from the Bar themselves. Corkage Wine & Champagne @ R49.50 per bottle (not more than 3 bottles / table) Corkage Juice & Non Alcoholic Sparkling @ R28.50.00 per bottle / 1.5 L Jug Bloemendal Restaurant has the following table seating available: 4 seater 6 seater 8 seater Should your function be greater than 10 guests Bloemendal Restaurant will make use of 8 seater tables for your function. The Host must be aware of the fact that in certain circum stances we can accommodate guests with larger tables. However in the event that there are to many block bookings in the restaurant, Bloemendal will only make the 8 seater option available.
4 *Please note that the above is only applicable for the dinning room with block bookings. Once the main restaurant has been booked for a private function the 8 seater option will be the only option.* INITIAL. 3. DEPOSIT AND ACCOUNT SETTLEMENT i) Confirmation of a provisional booking is required within 14 days from the date of the provisional booking. The deposit as set out in subparagraph, (ii), is payable as a deposit within 7 days after confirmation of the booking. ii) 30% Deposit: Pax x Menu = + % Service Fee = + Venue Hire = + Dance Floor = +.. = + = + = x 30% = The 30% deposit of R will be payable in full to Bloemendal by the Host in order to confirm reservation of the chosen Venue and booking. In the event that the 30% deposit is not received timorously by Bloemendal, the reservation shall be cancelled without further notice and Bloemendal will be under no obligation to ensure the availability of the venue and shall not be liable for any loss of any nature whatsoever, suffered by the Host in consequence thereof. iii) A 50% payment of the estimated food and beverage bill is payable 30 days prior to the function and the balance of this bill will be payable 7 day s prior to the function failing witch Bloemendal will have no obligation to host the function and will not be liable for any loss of any nature whatsoever suffered by the Host in Consequence thereof. iv) In order for us to co-ordinate and cater for your function with efficiency, the final Guest confirmation is to be finalized by the Host 7 days prior to the function date. After 7 days the Host can only increase numbers and not decrease numbers. v) The beverage account and all outstanding amounts as a result of additional requirements before or during the function must be settled on presentation of invoice at the end of the event. All outstanding amounts must be guaranteed with credit card or alternatively the Host should have sufficient credit facilities in place prior to the event. vii) Payments must be made into the following account: Trade Firm 135 (Pty) Ltd Nedbank Tygervalley Account Number: 118 602 9455 Branch Code: 118 602 Proof of payment must be faxed 021 975 2522 or emailed dine@bloemendal.co.za
5 Proof of payment must be presented upon request from Bloemendal. INITIAL. 4. CANCELATION FEE By signing this agreement the Host agrees to settle any penalties or cancelation fees regarding Venue, Food and Beverages, which may be levied as a result of the cancelation of the function. In the event that the function is cancelled by the Host: i) The 30% / 50% deposit is non refundable for any reason what so ever. Should the Host wish to cancel the Reservation with Bloemendal the Host will have to do so in writing 30 day s prior to the reservation. In any event forfeit the 30%/50% deposit. ii) Should the Host wish to cancel the reservation within 30 days prior to the function date the Host must do so in writing to Bloemendal and will forfeit the 30% deposit and 50% of the 50% payment. Should the Host wish to cancel the reservation with in 7 days prior to the function date the Host must do so in writing to Bloemendal and will forfeit all payments that have been made to Bloemendal and must settle the complete value of the balance owed for the reservation. 5. FOOD AND BEVERAGES i) All food and beverages will be supplied by Bloemendal at Bloemendal selling prices as at the date of the function and is subject to change without prior notice up to 30 days before the function. ii) Due to Health and Safety reasons no one is permitted to take any food and/or beverages from the premises during or after a function. iii) No other food or beverage may be brought on to the premises and we do not allow any outside caterers unless agreed upon in writing. 6. COST ESCALATION Bloemendal reserves the right to adjust the price of the venue fee up to 180 days prior to the event. 7. TRADING HOURS BREAKFAST 8AM - 11AM fixed times (3 hours) LUNCH 12PM - 4PM fixed times (4 hours) DINNER 6PM 12PM (6 hours) Dinner arrival and end times can change if Bloemendal can accommodate the proposed changed times. Should the Host exceed the 6 hours Bloemendal will charge the Host an hourly rate @ R150.00 per waitron and R265.00 per Manager on the hour every hour.
6 INITIAL. 8. GENERAL PROVISIONS 8.1 Force Majeure If for any reason beyond Bloemendal s reasonable control (including but not limited to strikes; labour disputes; acts; regulations or orders of governmental authorities; civil disorder; disasters; acts of war; acts of God; floods; or other emergency conditions; any delay in necessary and essential repairs of Bloemendal) it is impossible for Bloemendal to perform it obligations under this Agreement, such non-performance is excused and Bloemendal may terminate this Agreement without further liability of any nature, upon return of the Client s Deposit. In no event shall Bloemendal be liable for consequential damages or any nature for any reason whatsoever. 8.2 INSURANCE Bloemendal carries the normal public indemnity insurance. Any additional insurance required By the Host will be the responsibility of the Host and for his/her cost. 8.3 GOVERNING LAW This Agreement shall be governed by and construed in accordance with the laws of South Africa. 8.4 NON-WAIVER OF BREACH Bloemendal s failure to demand strict and full performance of any of the covenants or agreements on the part of the Host to be observed, kept or performed, while the Host is in default with respect to any such covenant or agreement, shall not be construed to be a waiver by Bloemendal of any such default or breach of covenant. 8.5 AUTHORITY TO SIGHN If this Agreement is signed by the Host in the name of a corporation, partnership, association, Club or society, the person(s) signing represents and warrants to Bloemendal that he/she has full Authority to sign such agreement and that in the event he/she is not so authorized, he/she will be Personally liable for the faithful performance of this Agreement. 8.6 ALTERATION No alteration of this agreement shall in any way be effective against either party except to the Extent to which it shall have been reduced to writing and sighed on behalf of both partners. 8.7 ENTIRE AGREEMENT This Agreement contains all of the understandings between the parties and may only be Modified in writing singed by both parties. 8.8 JURISDICTION In the case of any dispute or disagreement, both parties agree to the jurisdiction of the courts And laws of the Republic of South Africa.
7 INITIAL 8.9 LEGAL COSTS In the event that Bloemendal refers the Host to attorneys for the purpose of collecting any Outstanding moneys from the Host or any other matter connected to this memorandum of Agreement, the Host shall be liable for all costs incurred by Bloemendal on the scale as Between attorney and own client. 8.10 USE OF OTHER VENUES Bloemendal reserves the right to utilize the property s remaining venues for other functions, should space numbers and type of function permit. 8.11 RIGHT OF ADMISSION Bloemendal reserves the right of admission and management may remove any unwanted elements at any given time. 9 TABACO AND ALCOHOL LEGISLATION It must be noted that Bloemendal is committed to applying all Tobacco and Alcohol legislation In force from time to time. By signing this agreement, the Host undertakes to assist Bloemendal, To ensure that these laws are adhered to as far as is practically possible. 10 COSTS / PRICING i) The individual costs/pricing of the various items chosen by the Host for his function is as set out in Schedule 1, 2 & 3 Annexed hereto. This schedule is also a record of what the Host has selected for the function. ii) All costs / prices are subject to increases in the cost of food and alcohol supplied to Bloemendal by various suppliers and which increases are beyond its control. Hence Bloemendal reserves the right to increase the prices of the food and beverages at any time After confirmation of the reservation made by the Host, up to 30 days prior the event. 11 DISPLAYS, EXIBITS AND DECORATIONS All displays, exhibits and/or decorations proposed by Host shall be subject to the prior written approval of Bloemendal in each instance. Bloemendal assumes no responsibility whatsoever for displays, exhibits and/or decorations, etc. brought into Bloemendal by the Host or any third party in connection with the Event, including, but not limited to, claims of personal injury or property damage related to the displays, exhibits and/or decorations. Signage will be limited to the customary and regular sign indications of Bloemendal. Any type of particular signs, banners, flags, indicators and others need to be strictly limited to be within or at the proximity of the actual meeting / event venue only. At all times these additional signs need Bloemendal s prior approval before being installed, and will never be allowed to be wall mounted, but may only be permitted when free standing. No flags will be allowed at the entrance doors of Bloemendal. No signs, logos, banners etc. will be allowed in the public areas of Bloemendal, such as lobby, room corridors etc. All displays, exhibits and decorations must conform to the applicable Building Code and Fire Ordinances. For greater certainty and without limitation to the foregoing, all applicable flame proofing regulations shall be complied with and before any decorations of a combustible nature
shall be installed, notarized affidavits of flame proofing must be furnished. 8 All displays, exhibits, decorations, equipment and musicians must enter and exit Bloemendal through the receiving entrance. Delivery and pick-up times must be coordinated with Bloemendal in advance. INITIAL. All equipment. décor or structures belonging to the Host of his/her suppliers & contractors must be removed directly after the function, unless otherwise agreed by Bloemendal in writing. Bloemendal reserves the right to remove any such goods at its sole discretion without any liability in case of loss, theft or damage, resulting thereof. All goods belonging to the Host or his/her suppliers & contractors that were stored with the consent of Bloemendal and are not removed from Bloemendal within seven days after the function, shall become the property of Bloemendal and Bloemendal may dispose thereof as it sees fit, without any liability resulting from this act. Due to limited storage capacities, Bloemendal must be informed at the latest within (7) SEVEN days prior to the delivery of the estimated storage requirements. If available, a separate, lockable room shall be provided at a charge. The goods shall not be deemed to be goods brought in and are therefore, to be insured by the Host. No storage relationship shall come into existence. Goods brought in are to be removed immediately after the completions of the event. The Host shall independently undertake liability and responsibility for the security of the goods brought in. Venue hires where applicable will be levied. 12 DECORATIONS AND FLOWERS In the event of the Host organising his/her own decorations and/or flowers to be used at the function, the following rules will apply: i) The Host will bear the cost of the decorations and/or flowers for the function; ii) The Host will ensure that the decorating will be conducted in an orderly fashion and the timing of decorating should be organised with the venue co-ordinator 7 days before the function; iii) At no time will the Host make use of any staff assistance from Bloemendal staff for décor purposes unless permission has been granted from the venue co-ordinator.\ iv) The Host will ensure that all personal items and/or decorations are removed from the venue within 2 hours after the function is completed, unless otherwise arranged with the venue co-ordinator. Same rule as per paragraphs 11. v) All damage done to Bloemendal or Bloemendal property by any décor party will be deducted from the deposit in paragraph 3 subparagraph v. 13 RIGHT TO INSPECT AND NOT LIABLE FOR PERSONAL PROPERTY Bloemendal reserves the right to inspect and control all private functions. Bloemendal does not assume liability for any personal property and equipment ( Property ) of Host or the Host guests, invitees or third party providers brought to Bloemendal and any Property brought onto the premises shall be at the sole risk and responsibility of the Host. 14 DAMAGES TO BLOEMENDAL The Host shall be responsible for all liabilities, losses, demands, damages, costs and expenses, including (without limitation) property damages and/ or personal injuries suffered or incurred by Bloemendal or any employee or staff member of Bloemendal or other guest or invitee of Bloemendal and arising as a direct or indirect result of the attendance at the Event or the use of services and facilities of Bloemendal by the Host or its employees or any invitee of or outside contractor hired or engaged by the Host. In the event of any damage to property belonging to Bloemendal, any property which Bloemendal
9 hires or any other staff and/or guests, property, caused by any person attending the function, the Host shall be liable for the cost of repair or replacement, whichever is appropriate, of that property. INITIAL 15 INDEMNITIES The Host agrees to indemnify and hold harmless Bloemendal and each of its directors, officers, employees and agents (collectively, Bloemendal Indemnities and individually, a Bloemendal Indemnity ) from and against all liabilities, losses, claims, demands, damages, costs and expenses (including but not limited to reasonable legal fees and disbursements) suffered or incurred by any Bloemendal Indemnity and arising as a direct or indirect result of any claim, proceeding, civil, criminal or administrative action, inquiry, suit or legal action instituted against a Bloemendal Indemnity in respect of the Event or the Host use of the services and facilities of Bloemendal. Such indemnity shall not apply to the extent that a Bloemendal Indemnity is claiming indemnity for its own negligence or wilful misconduct. 16 DOMICILIUM CITANDI ET EXECUTANDI Unless and until another address is delivered by either party to the other in writing, the following addresses shall constitute the domicilium citandi et executandi of that party (must be physical address, not postal): i) Should that party be Bloemendal Restaurant Durbanville, Western Cape, South-Africa; ii) Should the party be the Host, at..
10 INITIAL. SIGNED at on this day of 20 AS WITNESSES: 1. 2. For and on behalf of Bloemendal Full Name Identity Number SIGNED at on this day of 20 AS WITNESSES: 1. 2. The Host Full Name Identity Number