FOOD TRUCK OPERATING AGREEMENT
THIS FOOD TRUCK OPERATING AGREEMENT ("Agreement") is made as of [Date],
BETWEEN:
[Property Owner/Event Organizer Name], at [Address] ("Host"),
AND:
[Food Truck Operator Name / DBA], at [Address] ("Operator").
1. DEFINITIONS
1.1 "Location" means the designated area for food truck operations at [Address/Event Name], specifically: [describe exact spot, dimensions, and boundaries].
1.2 "Operating Period" means [Start Date] through [End Date], during the hours of [Start Time] to [End Time] on [Days of Week].
1.3 "Food Truck" means the mobile food service vehicle operated by Operator: [Description, License Plate, VIN].
2. GRANT OF LICENSE
2.1 Host grants Operator a non-exclusive, revocable license to operate the Food Truck at the Location during the Operating Period, subject to this Agreement.
2.2 This is a license only and does not create a landlord-tenant relationship, partnership, or joint venture.
3. FEES AND COMPENSATION
3.1 Site Fee. Operator shall pay Host: [ ] Flat fee of $[Amount] per [day/week/month]; [ ] [Percentage]% of gross sales; [ ] Combination: $[Amount] base plus [Percentage]% of gross sales exceeding $[Threshold].
3.2 Payment Terms. Fees are due [weekly/monthly] within [5] days after the period end, accompanied by a sales report if percentage-based.
3.3 Utilities. [Host/Operator] shall be responsible for electricity costs. Water: [included/Operator provides own]. Operator shall provide own generator if required.
3.4 No Guaranteed Revenue. Host makes no guarantees regarding foot traffic, customer volume, or sales.
4. PERMITS AND LICENSES
4.1 Operator shall obtain and maintain at all times: (a) valid mobile food vendor permit; (b) health department food service license; (c) business license for the jurisdiction; (d) fire department approval; (e) food handler certifications for all employees; (f) any event-specific permits.
4.2 Operator shall display all required permits visibly on the Food Truck.
4.3 Operator shall comply with all applicable health codes, food safety regulations, fire codes, and local ordinances.
5. OPERATIONS
5.1 Menu. Operator shall provide the menu attached as Exhibit A. Menu changes require [5] days notice to Host. [Host may restrict menu items that conflict with other vendors.]
5.2 Quality Standards. All food shall be prepared, stored, and served in compliance with applicable health and safety regulations. Operator shall maintain minimum health inspection score of [90/A].
5.3 Staffing. Operator shall ensure adequate staffing during operating hours. All staff shall wear clean, identifiable uniforms or name badges.
5.4 Waste Management. Operator shall: (a) provide own trash receptacles within [10] feet of the truck; (b) properly dispose of grease, oil, and food waste (NOT in storm drains); (c) remove all trash at the end of each operating day; (d) keep the Location clean at all times.
5.5 Noise. Generators and music shall not exceed [65/70] dB at [25] feet. Generator operation hours: [specify].
5.6 Setup and Breakdown. Operator may arrive for setup at [Time] and must complete breakdown by [Time]. The Location must be left in the same condition as found.
6. INSURANCE
6.1 Operator shall maintain: (a) commercial general liability: $[1,000,000] per occurrence, $[2,000,000] aggregate; (b) commercial auto insurance: $[1,000,000]; (c) workers' compensation as required by law; (d) product liability: $[1,000,000].
6.2 Host shall be named as additional insured on Operator's policies. Certificates of insurance must be provided [14] days before operations begin.
7. LIABILITY AND INDEMNIFICATION
7.1 Operator shall indemnify Host from all claims arising from: (a) Operator's food products (including foodborne illness); (b) Operator's negligence; (c) injuries to Operator's employees; (d) property damage caused by Operator.
7.2 Host shall indemnify Operator from claims arising from Host's negligence or defects in the Location.
8. TERM AND TERMINATION
8.1 This Agreement covers the Operating Period specified in Section 1.2.
8.2 Either Party may terminate with [7] days written notice.
8.3 Host may terminate immediately if: (a) health code violation; (b) failure to maintain permits; (c) safety hazard; (d) material breach.
8.4 Operator may terminate immediately if Location becomes unsafe or unusable.
9. GOVERNING LAW
9.1 This Agreement shall be governed by and construed in accordance with the laws of the State of [State/Jurisdiction].
9.2 Disputes shall be resolved in the courts of [County], [State].
10. SEVERABILITY
10.1 If any provision is held invalid, the remaining provisions continue in full force.
11. ENTIRE AGREEMENT
11.1 This constitutes the entire agreement between the Parties. No amendment is valid unless in writing signed by both Parties.
12. NOTICES
12.1 All notices shall be in writing, delivered by certified mail or overnight courier to the addresses above.
DISCLAIMER: This template is for informational purposes only and does not constitute legal advice. Consult qualified legal counsel.
SIGNATURES
[PARTY A]:
Signature: _________________________ Name: [Full Name] Title: [Title] Date: __________
[PARTY B]:
Signature: _________________________ Name: [Full Name] Title: [Title] Date: __________
