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RESTAURANT DELIVERY SERVICE AGREEMENT
THIS AGREEMENT entered into on this ___________ day of ___________________, 2017 is by and between Chow Gofer, whose
office is located at 1282 Palisade Avenue, Fort Lee NJ 07024 (Hereinafter referred to as RDS) and _____________________________
(Hereinafter referred to as RESTAURANT) and located at ________________________________________ (Hereinafter referred to as
the “PARTIES”.)
Commencing on or before the ___________ day of ___________________, 2017 RDS will promote and deliver food from RESTAURANT
to neighborhood residences, hotels and businesses between the hours of 11:00am and 11:00pm (hours are subject to change),
Monday-Sunday during all days and hours that RESTAURANT and RDS are open for business. Delivery service shall continue until the
termination date of this agreement which shall be 30 days from commencement. Delivery agreement will automatically renew for 30
day periods (month to month) after this date and may be cancelled or modified by mutual written agreement with 30 days’ notice.
RESTAURANT shall determine which items will be available for delivery and when, as well as pricing of said items. Evidence of schedule,
items and pricing structure shall be attached to, and become part of this agreement. RESTAURANT will provide, to the best of their
ability, well packaged and labeled meals in a timely fashion. Restaurant is responsible for missing, incomplete or wrongly prepared
items for each order. RDS will charge RESTAURANT a delivery fee of Four Dollars and Ninety Nine Cents ($4.99) plus a Four Dollar
($4.00) tip for the driver for each delivery order that the driver has to return to the RESTAURANT to pick up and drop off to customer
a missing, incomplete or wrongly prepared item or items.
RDS will, at its cost, create and distribute the menu guides, engage drivers and hire dispatchers as necessary to deliver RESTAURANTS
food. RDS reserves the right to choose the paper, printer, fonts, type sizes and distribution methods necessary to create and distribute
any marketing materials such as menu guides, flyers and mailers.
Drivers will pick-up food from RESTAURANT, deliver to customer and collect the menu price of the food, plus tax and delivery charges.
RDS will remit to RESTAURANT, on a weekly basis, ___________ of the menu price of the food delivered as well as the applicable sales
tax. RESTAURANT retains responsibility to remit sales tax to the state.
RESTAURANT may use RDS’s name, logo and telephone number in their advertising to promote the fact that their food is available for
delivery, within the RDS’s service area, through RDS.
RDS shall have the right to use RESTAURANT’s name and logo in our advertising, promoting the fact that RESTAURANT’s food is
available for delivery within the RDS’s service area, through RDS.
NON-CIRCUMVENTION, NON-DISCLOSURE AND CONFIDENTIALITY BETWEEN THE PARTIES.
THIS AGREEMENT is a perpetuating guarantee for Thirty (30) days from the date of execution. (THIS AGREEMENT will automatically
renew for 30 day periods (month to month) after this date and may be cancelled or modified by mutual written agreement with 30
days’ notice) and is to be applied to any and all transactions present and future, of either party, including subsequent follow-up,
repeat, extended, renegotiated, and new transactions regardless of the success of the project. Further, this Agreement, will continue
to be enforce during the tenure of any other agreement between the PARTIES, specifically, including but not limited to, a restaurant
delivery service agreement, and will continue for one (1) year after termination of same.
Because of THIS AGREEMENT, the PARTIES involved in this transaction may learn from one another, or from principals, the names and
telephone numbers of investors, borrowers, lenders, agents, brokers, banks, lending corporations, individuals and/or trusts, vendors,
suppliers or buyers and sellers, (hereinafter called CONTACTS”). The PARTIES with this acknowledge, accept and agree that the
identities of the CONTACTS will be recognized by the other Party as exclusive and valuable CONTACTS of the introducing Party and will
remain so for the duration of this agreement.
The PARTIES agree to keep confidential the names of any CONTACTS introduced or revealed to the other party, and that their firm,
company, associates, corporations, joint ventures, partnerships, divisions, subsidiaries, employees, agents, heirs, assigns, designees,
or consultants will not contact, deal with, negotiate or participate in any transactions with any of the CONTACTS without first entering
a written agreement with the Party who provided such contact unless that Party gives prior written permission. Such confidentiality
will include any names, addresses, telephone, telex, facsimile numbers, and/or other pertinent information disclosed or revealed to
either Party.
The parties agree not to disclose, reveal or make use of any information during discussion or observation regarding methods, concepts,
ideas, percentages, fees, product/services, or proposed new products or services, nor to do business with any of the revealed contacts
without the written consent of the introducing party or parties.
Upon execution of this agreement by signature below, the parties agree that any individual, firm, company, associates, corporations,
joint ventures, partnerships, divisions, subsidiaries, employees, agents, heirs, assigns, designees or consultants of which the signee is
an agent, officer, heir, successor, assign or designee is bound by the terms of this agreement.
THIS AGREEMENT contains the entire understanding between the PARTIES and any waiver, amendment or modification to THIS
AGREEMENT will be subject to the above conditions and must be attached hereto.
The PARTIES will construe THIS AGREEMENT in accordance with the laws of The State of New Jersey. If any provision of this agreement
is found to be void a court of competent jurisdiction, the remaining provisions will remain in force and effect.
WHEREFORE, the PARTIES acknowledge that they have read and understand this Agreement and voluntarily accept the duties and
obligations set forth herein.
Additional Provisions: __________________________________________________________________________________________
____________________________________________________________________________________________________________
____________________________________________________________________________________________________________
____________________________________________________________________________________________________________
____________________________________________________________________________________________________________
____________________________________________________________________________________________________________
For: Chow Gofer (RDS)
_________________________________ _________________________________
Signature Title
_________________________________ _________________________________
Printed Name Date
For: _____________________________ (Restaurant)
_________________________________ _________________________________
Signature Title
_________________________________ _________________________________
Printed Name Date