Catering Services Agreement (Ghana)
Catering Services Agreement
This Catering Services Agreement (this "Agreement") is entered into on [Agreement Date] between:
CATERER: [Caterer Name] (ORC Reg. No. [Caterer Registration Number]; FDA Reg. No. [Caterer FDA Number]), of [Caterer Address] (the "Caterer"); and
CLIENT: [Client Name], of [Client Address] (the "Client").
This Agreement is governed by the Contracts Act 1960 (Act 25) and the Food and Drugs Act 1992 (PNDCL 305B) of Ghana.
1. Catering Services
The Caterer shall provide the following catering services to the Client: [Services Description], at [Service Location], commencing on [Service Start Date] and ending on [Service End Date].
The type of service is: [Service Type]. The estimated number of meals/covers per day is [Meals Per Day].
The Caterer shall comply with all requirements of the Food and Drugs Authority (FDA) of Ghana under the Food and Drugs Act 1992 (PNDCL 305B), including maintaining current FDA food business registration (Reg. No. [Caterer FDA Number]) and ensuring all food handlers hold valid FDA food handler permits.
2. Pricing and Payment
The Client shall pay the Caterer GHS [Price Per Meal] per meal/cover, invoiced [Invoicing Cycle] and payable within [Payment Days] of invoice date.
All prices are exclusive of VAT unless stated otherwise. Where applicable, VAT shall be charged at the prevailing rate under the Value Added Tax Act 2013 (Act 870) — currently 15% VAT plus 2.5% GETFund levy and 2.5% NHIL — and shown separately on the Caterer's invoice.
Payment shall be made by bank transfer to the Caterer's account at a Bank of Ghana-licensed commercial bank, or by mobile money transfer as agreed.
3. Food Safety and Compliance
The Caterer shall maintain food safety standards consistent with the FDA's regulations, the Ghana Standards Authority (GSA) food standards, and the Caterer's HACCP plan.
The Caterer shall maintain public liability insurance from a National Insurance Commission (NIC)-licensed insurer covering claims for food poisoning, personal injury, and property damage.
4. Termination
Either Party may terminate this Agreement by giving [Termination Notice] written notice to the other Party.
Either Party may terminate this Agreement immediately on written notice for material breach, insolvency, or repeated FDA non-compliance by the Caterer.
5. Governing Law
This Agreement is governed by the laws of the Republic of Ghana. Disputes shall be referred to mediation under the Alternative Dispute Resolution Act 2010 (Act 798), failing which to the High Court (Commercial Division) of Ghana.
Signatures
IN WITNESS WHEREOF the Parties have executed this Catering Services Agreement on the date first written above.
Caterer
________________
Signature
Client
________________
Signature
What Is a Catering Services Agreement (Ghana)?
A Catering Services Agreement in Ghana defines the scope of work, fees and deliverables governing the provider's services to the client.
The principal statute governing commercial contracts in Ghana is the Contracts Act 1960 (Act 25), which codifies the law of contract including offer and acceptance, consideration, capacity to contract, and the consequences of breach. Section 1 of Act 25 confirms that a binding contract requires offer, acceptance, and consideration. A Catering Services Agreement falls within the category of service contracts governed by Act 25, and the implied terms of the contract — including the obligation to perform with reasonable care and skill — apply to catering engagements in Ghana.
The Food and Drugs Authority (FDA) of Ghana, established under the Food and Drugs Act 1992 (PNDCL 305B) as subsequently amended, regulates the safety and quality of food served to the public in Ghana. Catering companies operating in Ghana must comply with FDA regulations regarding food handling, storage, preparation, and serving temperatures. The FDA conducts inspections of catering establishments and food service operations and has the power to close businesses that pose food safety risks. Caterers providing services at events in Accra, Kumasi, Takoradi, or other Ghanaian cities must confirm compliance with PNDCL 305B and the FDA's Food Safety Policy.
The Ghana Tourism Authority (GTA), established under the Ghana Tourism Authority Act 2011 (Act 817), registers and grades catering businesses in the hospitality sector. Caterers providing food services at hotels, resorts, and event centres licensed by the GTA must comply with the GTA's standards for food service operations. The Environmental Protection Agency (EPA) of Ghana, under the Environmental Protection Agency Act 1994 (Act 490), regulates waste management from catering operations, particularly at large events generating food waste.
A Catering Services Agreement Ghana is distinct from a Restaurant Services Agreement (which covers ongoing dine-in services) and from an Employment Contract with a cook or chef. The catering agreement is a commercial services contract under Act 25, not an employment contract under the Labour Act 2003 (Act 651), and the caterer retains independence in how the services are delivered, subject to meeting the client's specified requirements.
The legal framework governing the Catering Services Agreement (Ghana) in Ghana draws on several key statutes and regulatory bodies. Under the Companies Act 2019 (Act 992), the Registrar General's Department (RGD) maintains the register of Ghanaian companies. Section 7 of the Companies Act 2019 governs company incorporation. The Ghana Revenue Authority (GRA) administers corporate tax under the Income Tax Act 2015 (Act 896). The Commercial Division of the High Court in Accra adjudicates business disputes. The Ghana Investment Promotion Centre (GIPC) regulates foreign investment under the GIPC Act 2013 (Act 865). Parties executing a Catering Services Agreement (Ghana) in Ghana should confirm the document reflects current law, including any amendments enacted since the original drafting date. The Contracts Act 1960 (Act 25) sets the foundational requirements.
When Do You Need a Catering Services Agreement (Ghana)?
A Catering Services Agreement in Ghana is required or strongly recommended in several commercial and institutional catering contexts.
A Catering Services Agreement is needed when a company, government institution, NGO, or international organisation in Ghana engages a catering company to operate a staff canteen or provide daily meals to employees at an office, factory, or institutional campus. Such agreements typically cover meals per day, nutritional standards, serving schedule, pricing per meal, and food safety compliance.
A Catering Services Agreement is required when a catering company is engaged to provide food and beverage services at a wedding, corporate event, conference, product launch, or public gathering in Ghana. Event catering agreements specify the menu, number of guests, serving style (buffet or plated service), staffing levels, equipment provision, and the consequences of shortfall or cancellation.
A Catering Services Agreement is needed when a school, university, hospital, or prison in Ghana contracts with a private catering company to provide meals under an outsourced catering arrangement, meeting institutional nutritional guidelines and the dietary needs of students, patients, or detainees.
A Catering Services Agreement is required when a construction company, mining company, or oil and gas operator in Ghana — for example, on projects in the Tema industrial area, Obuasi Mining District, or Jubilee Oil Field offshore — engages a catering contractor to provide meals to workers in remote or confined locations.
A Catering Services Agreement is needed when a hotel or resort in Ghana sub-contracts food and beverage operations to a specialist catering company, and the parties need to allocate responsibilities for health and safety compliance, FDA inspections, and liability for foodborne illness claims.
A Catering Services Agreement is required when a caterer supplies food products to a corporate client under a regular supply arrangement, to document food safety responsibilities and confirm the client has recourse under Act 25 if the food supplied fails to meet agreed standards.
What to Include in Your Catering Services Agreement (Ghana)
A valid Catering Services Agreement in Ghana under the Contracts Act 1960 (Act 25) and the Food and Drugs Act 1992 (PNDCL 305B) must contain the following essential elements.
Parties: Full legal names and addresses of the caterer and the client, and where the caterer is a company, the ORC registration number under the Companies Act 2019 (Act 992) and any FDA food business registration number.
Scope of Services: A precise description of the catering services to be provided — type of cuisine, number of meals per day or event, serving style (buffet, plated, cocktail), beverages included or excluded, service locations within Ghana, and the client's specific dietary requirements or restrictions (including Halal, Kosher, vegetarian, or allergy-related requirements).
Service Period: Commencement date, end date or duration of the agreement, and any provisions for extension or renewal. For event catering, the specific event date(s), venue address, and setup and breakdown times.
Food Safety and Compliance: The caterer's obligations to comply with the Food and Drugs Act 1992 (PNDCL 305B), FDA regulations on food handling and storage temperatures, and the Ghana Standards Authority (GSA) standards for food safety. Confirmation that all staff handling food hold current food handler's permits issued by the FDA. Reference to the caterer's HACCP (Hazard Analysis and Critical Control Points) plan where applicable.
Pricing and Payment: The total contract price or price per meal/event in Ghana Cedis (GHS), the payment schedule — deposit on signing, balance before the event or monthly for ongoing contracts — and the accepted payment methods including bank transfer, mobile money (MTN Mobile Money, AirtelTigo Money), or cheque drawn on a Bank of Ghana-licensed bank.
Staffing and Equipment: The caterer's responsibility to provide sufficient trained staff, serving equipment, crockery, cutlery, and chafing dishes, and the client's responsibility to provide the kitchen facilities, utilities (electricity, water), and venue space.
Cancellation and Force Majeure: Cancellation fees and refund policies, and provisions for force majeure events including power failures, flooding, and government-ordered event bans.
Liability and Indemnity: The caterer's liability for foodborne illness, food poisoning, and personal injury arising from negligent food preparation, and the appropriate insurance cover required — public liability insurance from an NIC-licensed insurer.
Governing Law: Ghana law under Act 25, with disputes referred to mediation under the Alternative Dispute Resolution Act 2010 (Act 798) or the High Court (Commercial Division) in Accra or Kumasi.
Forms-legal.com provides this Catering Services Agreement template as a starting point for Ghana-compliant catering documentation.
Additional compliance elements for a Catering Services Agreement (Ghana) used in Ghana include: Under the Companies Act 2019 (Act 992), the Registrar General's Department (RGD) maintains the register of Ghanaian companies. Section 7 of the Companies Act 2019 governs company incorporation. The Ghana Revenue Authority (GRA) administers corporate tax under the Income Tax Act 2015 (Act 896). The Commercial Division of the High Court in Accra adjudicates business disputes. The Ghana Investment Promotion Centre (GIPC) regulates foreign investment under the GIPC Act 2013 (Act 865). Forms-legal.com provides this template as a starting point for Ghana-compliant documentation.
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Reference this free template in an article, syllabus, or research note:
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howpublished = {\url{https://forms-legal.com/ghana/business/services/catering-services-agreement-ghana}},
note = {Free legal document template}
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Frequently Asked Questions
Yes. The Food and Drugs Authority (FDA) of Ghana, operating under the Food and Drugs Act 1992 (PNDCL 305B), requires catering businesses that prepare and serve food to the public — including caterers for events, canteens, and institutional catering — to register their food business premises with the FDA and comply with FDA food safety standards. Registration involves submitting an application to the FDA, paying the applicable registration fee, and passing an inspection of the food preparation premises. Food handlers employed by registered catering businesses must obtain food handler's permits from the FDA following a medical examination and food safety training. Failure to register with the FDA or to comply with food safety regulations exposes catering businesses to closure orders, fines, and prosecution under PNDCL 305B. The FDA also conducts market surveillance and random inspections of event caterers in Accra, Kumasi, Tamale, and other major cities.
A catering company in Ghana may face civil and criminal liability for foodborne illness caused by negligent food preparation, handling, storage, or serving. Under the Contracts Act 1960 (Act 25), a client who suffers loss due to the caterer's breach of the implied obligation to perform with reasonable care and skill may claim damages. Under the common law of negligence, persons who suffer personal injury from contaminated food may sue the caterer in the High Court (Civil Division) of Ghana. Employers may also be liable under the Factories, Offices and Shops Act 1970 (Act 328) if canteen meals cause illness to employees. Criminal liability may arise under the Food and Drugs Act 1992 (PNDCL 305B) if the FDA finds that the caterer supplied food unfit for human consumption. A well-drafted Catering Services Agreement should require the caterer to maintain public liability insurance from an NIC-licensed insurer covering claims for foodborne illness, and should include indemnity provisions allocating liability between the caterer and the client for claims arising from each party's acts or omissions.
Catering services provided in Ghana by businesses registered for VAT are subject to Value Added Tax at the standard rate of 15% under the Value Added Tax Act 2013 (Act 870), plus the Ghana Education Trust Fund (GETFund) levy of 2.5% and the National Health Insurance Levy (NHIL) of 2.5%, resulting in a total effective rate of 21.9% on the taxable value of catering services. Catering businesses with annual turnover exceeding the VAT registration threshold — GHS 200,000 per annum — must register for VAT with the Ghana Revenue Authority (GRA) and charge VAT on their invoices. Failure to register or to account for VAT attracts penalties under Act 870 administered by the GRA. Some food supplies — such as unprocessed raw agricultural produce — are exempt from VAT under Act 870, but prepared food and beverages served at events or in canteens are generally taxable supplies. Catering contracts should specify whether prices are VAT-inclusive or VAT-exclusive to avoid disputes.
Disputes arising from a Catering Services Agreement in Ghana are most efficiently resolved through negotiation between the parties in the first instance. If negotiation fails, the parties may refer the dispute to mediation under the Alternative Dispute Resolution Act 2010 (Act 798), administered by the Ghana Alternative Dispute Resolution Centre (ADR Centre) or the Ghana Mediation Centre in Accra. Mediation is a voluntary, confidential process in which a neutral mediator assists the parties to reach a settlement, typically within a few weeks at significantly lower cost than litigation. If mediation fails or is not agreed upon, the dispute may be referred to the Commercial Division of the High Court of Ghana, which has jurisdiction over commercial disputes including contract claims under Act 25. For smaller claims not exceeding specified monetary thresholds, the Fast Track Court or the District Court in the relevant region may be appropriate. The Contracts Act 1960 (Act 25) governs the substantive rights of the parties in a catering services dispute.
A catering company operating in Ghana should carry at least three classes of insurance, all obtained from NIC-licensed insurers regulated under the Insurance Act 2006 (Act 724). First, public liability insurance covers claims for personal injury or property damage suffered by clients, guests, or members of the public arising from the caterer's operations — including food poisoning, slips, falls, and equipment damage. Second, employers' liability insurance — required where the caterer employs workers under the Labour Act 2003 (Act 651) — covers claims by employees for work-related injuries under the Workmen's Compensation Act 1987 (PNDCL 187) and the Factories, Offices and Shops Act 1970 (Act 328). Third, product liability insurance covers claims arising from food or beverages that cause illness or injury. Catering Services Agreements in Ghana should specify the minimum insurance cover the caterer must maintain, require the caterer to produce certificates of insurance on request, and provide that the client is named as an additional insured on the public liability policy where appropriate. The NIC publishes a register of licensed insurers offering hospitality sector covers.
This template is provided for informational purposes only and does not constitute legal advice. Laws vary by jurisdiction and change over time. Consult a qualified attorney for advice specific to your situation.Full disclaimer
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