Catering Agreement (India)
CATERING AGREEMENT
Governed by the Indian Contract Act 1872 and Food Safety and Standards Act 2006
This Catering Agreement is entered into on [Agreement Date] at [Agreement City] between:
(1) [Client Name], residing/having its office at [Client Address], Phone: [Client Phone] (hereinafter referred to as "the Client"); and
(2) [Caterer Name] (FSSAI Licence No.: [Caterer FSSAI], GSTIN: [Caterer GSTIN]), having its business at [Caterer Address] (hereinafter referred to as "the Caterer").
The Client and the Caterer are collectively referred to as the "Parties" and individually as a "Party".
1. CATERING SERVICES AND EVENT DETAILS
1.1 The Caterer agrees to provide catering services for the Client's [Event Type] to be held on [Event Date] at [Event Venue].
1.2 The agreed menu is as follows: [Menu Description]
1.3 The minimum guaranteed number of covers is [Minimum Guarantee]. The Client shall pay for a minimum of [Minimum Guarantee] covers regardless of actual attendance. Covers consumed above the minimum guarantee shall be charged at [Per Plate Fee] per additional cover.
1.4 Final guest count confirmation shall be provided by the Client to the Caterer at least 72 hours before the event. Any downward revision within 72 hours of the event shall be limited to 10% of the last confirmed count.
2. FSSAI COMPLIANCE AND FOOD SAFETY
2.1 The Caterer warrants that it holds a valid FSSAI licence (No. [Caterer FSSAI]) as required under Section 31 of the Food Safety and Standards Act 2006 and shall maintain a valid licence throughout the contract period.
2.2 All food prepared and served shall comply with the Food Safety and Standards Act 2006, the Food Safety and Standards (Food Products Standards and Food Additives) Regulations 2011, and the Food Safety and Standards (Food Hygiene and Sanitary Practices) Guidelines 2016.
2.3 The Caterer shall ensure that all food handlers are medically fit and shall maintain personal hygiene standards as required by FSSAI guidelines. Food handlers with communicable diseases shall not be deployed at the event.
2.4 The Caterer shall ensure proper cold chain compliance for perishable items and shall use food-grade equipment and serving materials.
2.5 The Caterer shall be liable for any food-borne illness caused by sub-standard or unsafe food served at the event, including liability under Sections 59 and 63 of the Food Safety and Standards Act 2006 and the Consumer Protection Act 2019.
3. PAYMENT TERMS
3.1 The per-plate fee for adult covers is [Per Plate Fee]. The estimated total based on the minimum guarantee of [Minimum Guarantee] covers shall be calculated at [Per Plate Fee] per cover plus applicable GST.
3.2 Payment schedule: (i) Advance of [Advance Payment] on signing this Agreement; (ii) 50% of the balance one week before the event; (iii) final settlement of actual covers within 24 hours after the event.
3.3 GST shall be charged at the applicable rate under the CGST Act 2017. TDS shall be deducted under Section 194C of the Income Tax Act 1961 at 2% (company) or 1% (individual/HUF) on the catering fees.
4. CANCELLATION AND FORCE MAJEURE
4.1 If the Client cancels the event more than 30 days before the event date, the Caterer shall refund the advance less non-recoverable costs already incurred. If cancelled within 30 days, the Client shall pay 50% of the estimated total. If cancelled within 7 days, the Client shall pay 100% of the minimum guarantee amount.
4.2 Force majeure events excusing performance include natural disasters, government-imposed restrictions, and other circumstances beyond both Parties' control. The Parties shall negotiate in good faith regarding rescheduling.
5. GOVERNING LAW
5.1 This Agreement is governed by the Indian Contract Act 1872 and the Food Safety and Standards Act 2006. Disputes shall be subject to the jurisdiction of courts in [Agreement City].
Client
________________
Signature
Caterer (Authorised Signatory)
________________
Signature
What Is a Catering Agreement (India)?
A Catering Agreement in India defines what each party must do under the deal and the consequences of failing to perform.
Governed by the Indian Contract Act 1872 and the Food Safety and Standards Act 2006 (FSSAI Act), this agreement establishes the menu, per-plate or per-head pricing, minimum guarantee commitment, FSSAI licence compliance, food safety obligations, payment schedule, and GST treatment. The FSSAI Act 2006 mandates that all caterers hold a valid FSSAI licence and comply with food safety and hygiene standards — a catering agreement must document and enforce these requirements.
India's catering industry is massive, serving the country's extraordinary appetite for celebratory events — the wedding market alone involves millions of catering engagements annually, complemented by a large corporate and industrial catering sector serving offices, factories, hospitals, and educational institutions.
GST applies to catering services at varying rates depending on the service context: 5% for catering at certain events and 18% in restaurant settings, with specific rules for composite versus mixed supplies. TDS under Section 194C applies to catering payments.
The legal framework governing the Catering Agreement (India) in India draws on several key statutes and regulatory bodies. Under Indian law, the Indian Contract Act 1872 governs contractual obligations, with Section 10 setting essential requirements for valid agreements. The Companies Act 2013 regulates corporate entities through the Registrar of Companies (ROC) and Ministry of Corporate Affairs (MCA). The Industrial Disputes Act 1947 and state labour commissioners govern employment disputes. The Information Technology Act 2000 and IT (Reasonable Security Practices) Rules 2011 protect personal data. The Income Tax Act 1961 and Goods and Services Tax Act 2017 govern tax obligations through the Central Board of Direct Taxes (CBDT) and GST Council. Parties executing a Catering Agreement (India) in India should confirm the document reflects current law, including any amendments enacted since the original drafting date. The Indian Contract Act, 1872 sets the foundational requirements.
When Do You Need a Catering Agreement (India)?
You need an India Catering Agreement whenever you engage a professional caterer to provide food and beverage services for an event, institutional facility, or ongoing catering arrangement. This includes wedding catering, corporate event catering, office canteen management, hospital and school food service, industrial canteen contracts, and bulk tiffin/meal supply agreements.
You need this agreement before finalising the menu, making any advance payment, or providing venue access to the caterer. Without a written agreement, you have no contractual basis to enforce the menu, the per-plate pricing, the minimum quality standards, or the FSSAI compliance obligations.
You need this agreement to verify FSSAI compliance. Engaging a caterer who lacks a valid FSSAI licence exposes both the caterer and (in institutional settings) the client to regulatory liability under the Food Safety and Standards Act 2006.
You need this agreement to protect against food safety liability. A properly drafted catering agreement documents the caterer's obligations regarding food hygiene, allergen disclosure, and safe food handling, providing a contractual basis for claims if food safety failures cause illness or injury to your guests or employees.
Parties in India should prepare a Catering Agreement (India) proactively rather than waiting for a dispute to arise. Courts interpret agreements based on the written terms rather than oral representations. Under Indian law, the Indian Contract Act 1872 governs contractual obligations, with Section 10 setting essential requirements for valid agreements. The Companies Act 2013 regulates corporate entities through the Registrar of Companies (ROC) and Ministry of Corporate Affairs (MCA). The Industrial Disputes Act 1947 and state labour commissioners govern employment disputes. The Information Technology Act 2000 and IT (Reasonable Security Practices) Rules 2011 protect personal data. The Income Tax Act 1961 and Goods and Services Tax Act 2017 govern tax obligations through the Central Board of Direct Taxes (CBDT) and GST Council. Where the transaction involves regulated activities, prior approval from the relevant authority may be required before execution.
What to Include in Your Catering Agreement (India)
A thorough India Catering Agreement should contain the following key elements.
Parties: Full legal names, addresses, PAN, and GSTIN of both the client and the caterer.
FSSAI Details: Caterer's FSSAI licence number, type (basic registration, state licence, central licence), and validity period. Obligation to maintain valid FSSAI licence throughout the contract period.
Event/Service Details: Event date(s), venue, type of service (sit-down dinner, buffet, cocktail, canteen service), approximate number of guests, and nature of the event.
Menu: Detailed agreed menu specifying vegetarian, non-vegetarian, and special diet options. Process for menu finalisation and any agreed substitution rights.
Pricing: Per-plate or per-head pricing for each menu category, inclusions and exclusions (service charge, beverages, decoration), pricing for children, and pricing for additional items or live counters.
Minimum Guarantee: Agreed minimum number of plates, revision procedure and deadline, and charges for plates above the MG.
Food Safety Obligations: Compliance with FSSAI Act 2006 and regulations, hygiene standards, allergen disclosure, food handler health requirements.
Payment Terms: Payment tranches (advance, pre-event, post-event settlement), GST at applicable rate, TDS deduction under Section 194C.
Force Majeure and Cancellation: Cancellation notice periods, refund schedule for advance payments, and force majeure provisions.
Governing Law: Indian law and jurisdiction of courts.
Additional compliance elements for a Catering Agreement (India) used in India include: Under Indian law, the Indian Contract Act 1872 governs contractual obligations, with Section 10 setting essential requirements for valid agreements. The Companies Act 2013 regulates corporate entities through the Registrar of Companies (ROC) and Ministry of Corporate Affairs (MCA). The Industrial Disputes Act 1947 and state labour commissioners govern employment disputes. The Information Technology Act 2000 and IT (Reasonable Security Practices) Rules 2011 protect personal data. The Income Tax Act 1961 and Goods and Services Tax Act 2017 govern tax obligations through the Central Board of Direct Taxes (CBDT) and GST Council. Forms-legal.com provides this template as a starting point for India-compliant documentation.
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Reference this free template in an article, syllabus, or research note:
Forms Legal. (2026). Catering Agreement (India) (India) [Legal document template]. Forms Legal. https://forms-legal.com/india/business/contracts/catering-agreement-india
"Catering Agreement (India) (India)." Forms Legal, 2026, https://forms-legal.com/india/business/contracts/catering-agreement-india.
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howpublished = {\url{https://forms-legal.com/india/business/contracts/catering-agreement-india}},
note = {Free legal document template. Based on Indian Contract Act, 1872}
}Also available for these jurisdictions:
Frequently Asked Questions
The Food Safety and Standards Authority of India (FSSAI) is the apex food regulatory body in India established under the Food Safety and Standards Act 2006. All food businesses in India, including catering companies, are required to obtain a valid FSSAI licence or registration before commencing operations. FSSAI registration or licensing is mandatory under Section 31 of the Food Safety and Standards Act 2006, read with the Food Safety and Standards (Licensing and Registration of Food Businesses) Regulations 2011. The type of registration or licence required depends on the scale of the catering operation. FSSAI Basic Registration (Form A) is applicable to very small food businesses with an annual turnover below ₹12 lakh. Petty caterers and home-based food preparers may qualify for basic registration. FSSAI State Licence (Form B) is required for catering businesses with an annual turnover between ₹12 lakh and ₹20 crore. Most professional catering companies — including wedding caterers, corporate caterers, and event catering businesses — fall in this category and must obtain a State Food Safety Licence from the State Food Safety Commissioner. FSSAI Central Licence is required for catering businesses with an annual turnover exceeding ₹20 crore, catering units in central government premises, and certain other categories. The FSSAI licence specifies the types of food that can be prepared and served, the premises from which operations can be conducted, and the conditions of operation. Licences must be renewed annually or as specified.
Per-plate pricing and minimum guarantee provisions are among the most commercially significant clauses in a catering agreement in India and must be drafted with precision to prevent disputes over the final bill. Per-Plate Pricing should specify: the exact per-head or per-plate price for each menu category (vegetarian, non-vegetarian, Jain, vegan, or other specified variants); whether the per-plate price includes or excludes service charges, GST at 5% (for catering at events in non-AC premises) or 18% (for catering services in restaurants or as part of a composite supply), and any additional charges for special items (live counters, ice cream, imported beverages, customised cake); the pricing for children below a specified age (typically 50% of adult price); and the process for finalising exact menu, quantities, and pricing at least a specified number of days before the event (typically 7–14 days). Minimum Guarantee (MG) is the minimum number of plates/covers for which the client agrees to pay, regardless of actual attendance. The minimum guarantee clause protects the caterer from incurring food preparation and staffing costs for a confirmed number of guests, only for fewer people to attend. In Indian catering practice, the minimum guarantee is typically set at 80–90% of the estimated attendance.
Food safety and hygiene obligations for caterers in India are primarily governed by the Food Safety and Standards Act 2006 and the regulations and guidelines framed thereunder by FSSAI. These obligations are mandatory and cannot be contractually waived. Food Safety Standards: Caterers must ensure that all food prepared and served meets the safety standards prescribed under the Food Safety and Standards (Contaminants, Toxins and Residues) Regulations 2011, the Food Safety and Standards (Food Products Standards and Food Additives) Regulations 2011, and other applicable FSSAI regulations. Food must be free from adulteration, contaminants, and harmful levels of pesticide residues, heavy metals, and microbiological hazards. Food Hygiene and Sanitation: The Food Safety and Standards (Food Hygiene and Sanitary Practices) Guidelines 2016 require caterers to maintain clean and sanitised food preparation facilities, use safe water for food preparation, store food at appropriate temperatures (cold chain compliance), ensure personal hygiene of food handlers (including medical fitness certificates), use food-grade packaging and serving materials, and label all pre-packaged food items in compliance with the Food Safety and Standards (Labelling and Display) Regulations 2020. Food Handler Health: Caterers must ensure that all food handlers employed are medically fit and do not have communicable diseases (typhoid, hepatitis, tuberculosis, skin infections). Regular medical testing may be required under state health regulations.
A Catering Agreement (India) does not legally require a lawyer in India, and individuals and businesses may draft and execute the document independently. The Indian Contract Act, 1872 does not mandate legal representation for the creation or signing of this type of document. However, seeking independent legal advice from a qualified India lawyer is recommended for transactions involving substantial financial value, complex regulatory requirements, or cross-border elements where multiple legal jurisdictions may apply. A lawyer can verify that the document complies with all applicable statutory requirements, identify potential risks specific to the transaction, and confirm that the terms adequately protect the interests of all parties involved. The Supreme Court of India has jurisdiction over disputes arising from this type of document, and Registrar of Companies (ROC) may impose additional compliance obligations depending on the nature of the underlying transaction. Professional legal review is particularly advisable where the document will be submitted to government agencies or used as evidence in legal proceedings.
A Catering Agreement (India) does not legally require a lawyer in India, though legal advice is recommended. Under Indian law, the Indian Contract Act 1872 governs agreements. The Companies Act 2013 and Registrar of Companies (ROC) regulate corporate documents. The Information Technology Act 2000 governs electronic contracts and data protection. The Consumer Protection Act 2019 provides consumer rights. The Income Tax Act 1961 requires tax compliance. Forms-legal.com provides this template as a starting point — always review with a qualified Indian advocate for significant transactions. Under India law, Indian Contract Act, 1872, parties should seek independent legal advice from a qualified lawyer to confirm compliance with all applicable requirements. Under Indian law, the Indian Contract Act 1872 governs contractual obligations, with Section 10 setting essential requirements for valid agreements. The Companies Act 2013 regulates corporate entities through the Registrar of Companies (ROC) and Ministry of Corporate Affairs (MCA). Forms-legal.com provides this template as a starting point for India-compliant documentation.
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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