Plenty of restaurants doing catering don't use contracts. They take orders over email, confirm by phone, and hope. It usually works out, until it doesn't: a cancelled $2,000 order the day before delivery, a customer swearing they ordered something else, a payment dispute with nothing in writing.
A catering contract is just a clear set of terms you and the customer agree to before the food goes out.
Disclaimer: This article provides general guidance for restaurant operators and is not legal advice. Consult a qualified attorney to review your catering contracts, terms of service, and liability protections before using them with customers.
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, and any order placed more than 1 week in advance. You can skip it for small orders ($200 or less) paid in full when they order online, and for repeat customers ordering off your standard menu.
When customers order online through catering software, checkout is a lightweight contract. They agree to your terms when they submit the order and pay.
What to include in your catering contract
1. Order details
Be specific. Vague descriptions turn into 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 rest has to 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 section that matters most. Without it, a last-minute cancellation is entirely your problem.
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 for your business, but the principle holds: the closer to the event, the more you've already spent (food bought, staff scheduled, other orders turned down).
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. The FDA recommends clear communication about allergen handling, and a written acknowledgment protects both sides.
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 keep it painless.
For online orders
If you use catering software, your terms and cancellation policy live in the checkout flow. The customer checks a box before paying, and for most orders that's enough. Link your full terms in the confirmation email.
For large or custom orders
Send a one-page order confirmation that doubles as a contract: the order summary (items, quantities, pricing), the key terms (cancellation policy, payment terms, change policy), and a signature line (or an "approve" click in an email).
One page. Corporate clients deal with vendor paperwork all day, so they'll sign it without blinking.
For corporate accounts
For ongoing accounts, set up a master service agreement (MSA) that covers all future orders, sets payment terms (net-15, net-30), and defines your standard cancellation and change policies, so individual orders reference the MSA with no new paperwork.
This is how you handle corporate meal programs, and it tells the client you're a serious operation.
Common contract mistakes
- No cancellation policy. The #1 mistake. Get one in writing before you accept the order
- Vague order descriptions. "Lunch for 25" isn't an order. List every item
- No payment deadline. "Payment due before event" is vague. Say "balance due 48 hours before delivery"
- Forgetting tax. Always say whether prices include sales tax
- No change cutoff. Without one, customers rewrite the order 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 payment processing and order confirmations - so every order is documented from the start.
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