Most restaurants doing catering don't use contracts. They take orders over email, confirm verbally, and hope everything works out. It usually does — until it doesn't. A cancelled $2,000 order the day before delivery, a customer claiming they ordered something different, or a payment dispute with no documentation.
A catering contract doesn't need to be a legal document drafted by an attorney. It needs to be a clear set of terms that you and your customer agree to before the order is fulfilled.
When you need a catering contract
Always use one for:
- Orders over $500
- Corporate accounts with invoicing terms
- Events requiring deposits
- Orders with custom or special dietary requirements
- Any order placed more than 1 week in advance
Optional for:
- Small orders ($200 or less) paid in full at time of online ordering
- Repeat customers ordering from your standard menu
When customers order online through catering software, the checkout process effectively serves as a lightweight contract — the customer agrees to your terms when they submit their order and payment.
What to include in your catering contract
1. Order details
Be specific. Vague order descriptions lead to disputes.
- Full menu selection with quantities
- Headcount the order is designed for
- Per-person or per-item pricing
- Delivery or pickup date and time
- Delivery address with specific instructions (building, floor, contact)
- Setup requirements (if any)
2. Pricing and payment terms
- Total order price (itemized)
- Tax amount
- Delivery fee
- Any service charges or gratuity
- Deposit requirement — how much and when it's due
- Balance due date — when the remaining amount must be paid
- Accepted payment methods — credit card, check, invoice
- Late payment terms — what happens if payment is late
See our full catering pricing guide for deposit structures.
3. Cancellation policy
This is the most important section. Without a cancellation policy, you absorb the full cost of a last-minute cancellation.
Standard cancellation tiers:
| Timeframe | Refund |
|---|---|
| 7+ days before event | Full refund minus 10% administrative fee |
| 3-7 days before event | 50% refund |
| 48-72 hours before event | 25% refund |
| Less than 48 hours | No refund |
Adjust these for your business, but the principle is: the closer to the event, the more cost you've already incurred (purchased food, scheduled staff, turned down other orders).
4. Changes and modifications
- Headcount changes: Allow increases up to 48 hours before, with adjusted pricing
- Menu changes: Allow up to 72 hours before (or longer for custom items)
- Date/time changes: Treated as a cancellation and rebooking, subject to availability
- Who can authorize changes: Named contact only (prevents conflicting instructions)
5. Dietary and allergen disclaimer
Protect yourself:
"[Restaurant Name] takes dietary restrictions seriously and will accommodate requests to the best of our ability. However, our kitchen handles common allergens including wheat, dairy, nuts, soy, and eggs. We cannot guarantee a completely allergen-free environment. Customers with severe allergies should notify us in writing at the time of ordering."
This is standard in the industry. The FDA recommends clear communication about allergen handling — a written acknowledgment protects both parties.
6. Liability and service limitations
For drop-off catering specifically:
- Food safety window: Once food is delivered, the customer is responsible for proper handling and temperature maintenance
- Setup scope: Clarify exactly what you will and won't do (e.g., "drop-off includes placing food on the designated table; it does not include plating, serving, or cleanup")
- Equipment: If you're leaving serving equipment (chafing dishes, platters), specify when it will be picked up and any fees for lost/damaged items
7. Force majeure
A simple clause covering situations beyond either party's control:
"Neither party shall be liable for failure to perform due to circumstances beyond their reasonable control, including but not limited to natural disasters, severe weather, government restrictions, or public health emergencies. In such cases, both parties will work in good faith to reschedule or adjust the order."
How to implement contracts without friction
Nobody wants to sign a 5-page legal document to order lunch platters. Here's how to make it seamless:
For online orders
If you use catering software, your terms and cancellation policy are part of the checkout flow. The customer checks a box agreeing to your terms before submitting payment. This is legally sufficient for most orders.
Include a link to your full terms on the confirmation email.
For large or custom orders
Send a one-page order confirmation that doubles as a contract:
- Order summary — items, quantities, pricing
- Key terms — cancellation policy, payment terms, change policy
- Signature line — customer signs (or clicks "approve" via email)
Keep it to one page. Most corporate clients sign immediately because they deal with vendor agreements regularly.
For corporate accounts
A master service agreement (MSA) for ongoing accounts:
- Covers all future orders under one agreement
- Sets payment terms (net-15, net-30)
- Defines standard cancellation and change policies
- Individual orders reference the MSA without needing new paperwork
This is the professional approach for corporate meal programs and signals that you're a serious catering operation.
Common contract mistakes
- No cancellation policy — the #1 mistake. You need one, in writing, before accepting the order
- Vague order descriptions — "lunch for 25" is not specific enough. List every item
- No payment deadline — "payment due before event" is vague. Specify "balance due 48 hours before delivery"
- Forgetting tax — always clarify whether prices include or exclude sales tax
- No change cutoff — without a deadline for changes, customers modify orders the morning of delivery
Template: Simple catering order agreement
Here's a starting template you can adapt:
CATERING ORDER CONFIRMATION
Customer: [Name/Company] Event date: [Date] | Delivery time: [Time] Delivery address: [Full address + instructions] Contact: [Name + phone]
Order: [Itemized list with quantities and prices]
Subtotal: $___ Tax: $___ Delivery: $___ Total: $___
Deposit (50%): $___ due at booking Balance: $___ due 48 hours before delivery
Cancellation policy:
- 7+ days: full refund minus 10%
- 3-7 days: 50% refund
- Under 3 days: no refund
Changes: Menu and headcount changes accepted up to 72 hours before delivery.
By signing/approving, you agree to the above terms.
Customer signature: _____________ Date: _________
Automate your catering agreements
FlashCater's online ordering includes built-in terms acceptance, automatic deposit collection, and order confirmations — so every order is documented from the start.
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