# Caterer Contract

## Whereas Cornell University (“Cornell” or “University”) desires to contract for cateringserviceswith

### \_\_\_\_

\_\_\_\_ (includenameand address) (the “Caterer”) and whereas Cornell will pay goodand valuableconsideration for this service and the parties are prepared to deliver said service, now hereby beit known that the parties agree to the following terms and conditions:

- 1. The Caterer hereby agrees to release, indemnify, and holdharmless the University, and its trustees, officers, agents and employees from any and all liability, damage, claimof any nature whatsoever arising out of or in any way related to your workat the University including any act or omissionof any third party (Rescue Squad, Hospital, etc.). The Caterer is considereda private-contractor and he/sheis not an employee of Cornell University.
- 2. The Catererfurther states that he/sheis cognizant of all the inherent dangers and risks involved in this activity including bodily injury. The Caterer agrees to performand dischargeall obligations as an independent contractor under any and all laws, whether existing or in the future, in anyway pertaining to the engagement hereunder, including but not limited to SocialSecurity laws, WorkersCompensation Insurance, Incometaxes or contributions, and Public Liability Insurance.
- 3. The Caterer understands that he/sheis subject to Cornell University regulations and policies, laws of the United States, and the laws of New York State (or any non-conflicting applicablestate law if the event is held outside of New York State), and that in the event of a violation of these, orbehavior whichis considered to be detrimental to students or the University, or forany otherreason in University’s solediscretion, the Universityshall havethe right to cancel this Contract without priornotice.
- 4. The Caterer understandsthat the University doesnot provideany Accident or Medical Insurance and that the Caterer is requiredto providehis/her own. The Caterer hereby agrees that he/she is financiallyresponsible for all such expenseswhatsoever. The Caterer must providea Certificate of Insurancein accordancewith the requirements published on http://www.dfa.cornell.edu/procurement/suppliers/doing-business/insurance.

## 5. The Caterer represents that in providing theservices under the terms of this Contract, he/sheis not infringing

on the property right, copyright, patent right, or any other right of anyoneelse; and if any suit is brought or a claimmade by anyone, that anything in connection with the ownershipor the presentation of said services is an infringement on the propertyright, copyright, orpatent right, caterers will indemnify the Universityagainst loss damage, cost, attorney’s feesor other loss whatsoever.

- 6. Any controversiesbetween the parties shall be resolved by the courts of the State of New York.
- 7. The University shall provide passes, if applicable, for all of caterer’s personnel who shall haveaccess to University facilities as necessaryfor said deliveryof services. No other passes will be honoredby the University. The Caterer shall furnish the University with a list of all personnel \_ weeks prior to the scheduled access time.
- 8. The Caterer agrees to abide by all laws of the State of New York (or the applicable state if the event is held outside of New York State), and the regulations and policies of Cornell University: this includes, but is not limited to: No smoking inside Universitybuildings and no consumption of Alcohol on the premises otherthan licensed facilities, as appropriate in any other facilities.
- 9. No audio or visual recordingof the event shall bemade without the priormutual written consent of the parties to this Contract provided only that notwithstanding the requirement Cornell University reserves the right to record the event for archival purposesonly and not forsale or commercial use.
- 10. Cornell shall beexcusedfromliabilityfor the failureor delayin performanceof an obligation under this Contract due to an event beyond its reasonablecontrol including, but not limited to, a fire, a flood, an explosion, an earthquake, a natural disasteror any otheract of God, as well as a pandemic, an epidemic, a recognizedhealth threat as determined by any federal, state or local government or quasi-governmental authority (including the federal Centers for Disease Control), civil unrest, a strike orlabor disturbance, war or threat of war, terrorismor a