CONTRACT 7551 Vender AgreementAgreement No. 7551
In-N-Out® Burger
Cookout Agreement
EventlD#:E93057
16000 Quality Way
Chino, CA 91708
(626) 813-8295
This Cookout Agreement (this "Agreement") is made and entered into as of 3/19/2026 (the "Effective Date"),
by and between In-N-Out Burgers, a California corporation ("In-N-Out Burger") and City of El Segundo (the
"Customer")..
Event Information:
Event ID#: E93057
Event Date: Thu, 8/6/2026
Client: City of El Segundo
Serve Time: 11:00 am - 1:00 pm
Duration: 2 Hours
Planned # of Meals: 175
Order:
Number of Trucks
Estimated Event Total:
$4,566.97
-Estimated Food Subtotal: $2,861.25
- Trip Charge: $800.00
- Over -time: $0.00
- Out -of -Area Surcharge: $0.00
- Estimated Sales Tax: $405.72
- Fry Premium: $ 500.00 per Truck
Description:175 - Hamburgers, Cheeseburgers, Double -Doubles®, Fries and Drinks
Event Address: Site Contact Information:
City of El Segundo Lili Sandoval
401 Sheldon Street Phone: (562) 884-2656
El Segundo, CA 90245 Mobile:( ) -
Event Name: City of El Segundo, herein after Email: Sandoval@elsegundo.org
the "Event"
Customer Billin Details:
City of El Segundo
350 Main St, El Segundo, CA 90245
Lili Sandoval
Phone: (562) 884-2656
Mobile: ( ) -
Key Dates:
Signed Contract Due: 3/25/2026
Deposit Due: 3/25/2026
Full Payment due: 8/6/2026
Final Date for Refund: 7/23/2026
I have read the above Event Information, and agree to the "Terms and Conditions" and any attachment
or addendum and agree to all provisions therein.
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CITY ATTOR Ej5
Agreement No. 7551
TERMS AND CONDITIONS
1. COSTS:
1, PRICES, SALES TAX & MARK-UP: The total cost of Customer's Event with The In-N-Out Burger Truck will be
determined by the amount of food Customer orders prior to the Event, plus sales tax. The estimated total also
includes:
- Estimated Food Subtotal: $2,861.25
- Trip Charge: $800.00
- Over -time: $0.00
- Out -of -Area Surcharge: $0.00
- Estimated Sales Tax: $405.72
- Fry Premium: $ 500.00 per truck
2. Prices, terms and conditions quoted herein are subject to change. Should any such change occur, Customer
will be notified no less than 60 days prior to the date of the Event.
3. TRIP CHARGE - There is a $800 trip -charge, per -truck which will be in addition to the food minimum.
4. FOOD MINIMUM CHARGE AND GUARANTEE: The "food minimum charge" or "guarantee" is calculated in the
following manner: (a) $2,450 food minimum plus $250 for every half hour of service time used beyond one and
a half (1.5 hours) or 70% of your estimated order. Please note that product cannot be substituted for unused
meals to satisfy the minimum. The food minimum for this event, based on the above event details, is
$2,450.00. An $800 trip charge (per truck) will be added to all events.
5. INCIDENTAL CHARGES: If unusual circumstances exist, In-N-Out Burger may assess an incidental charge. All
such charges shall be noted in the Incidental Charges section prior to executingthis Agreement.
6. (1) COLLECTION OF MONEY: In-N-Out Burger will NOT collect any money from individuals attending the
Event. Rather, Customer is responsible for selling and collecting all funds in compliance with Sec. 13 (Mark-up
Policy).
7. DEPOSIT: A $800 deposit, per truck, is required to hold the date. Deposits are non-refundable if the Event is
cancelled less than 14 days from the scheduled Event date. The receipt of Customer's deposit by In-N-Out
Burger will confirm the reservation of the Event. The full amount of the deposit will be credited against the
total charges for the In-N-Out Burger Truck service. MasterCard, Visa, Discover and American Express are
accepted. Checks will be accepted, but must clear no less than 10 days prior to the Event date.
8. BALANCE DUE: Final payment must be made at the end of the Event, by check, VISA, MasterCard, Discover or
American Express. Cash will not be accepted unless prior arrangements have been made.
9. CANCELLATION: If Customer chooses to cancel their Event or reschedule to a different date, this must be done
14 days prior to the Event date to receive any type of refund. Deposits are non-refundable after this time.
10. PREMIUM FEE: There is a $500.00 premium fee for booking the "Fry" truck. This amount will be added to your
total at the end of your event.
2. SITE SELECTION: In-N-Out Burger reserves the right to pre -approve the location of any event at which In-N-Out Burger
Truck may appear and shall have the right, upon request, to inspect the site in advance. The In-N-Out Burger Truck
requires a solid and level surface and sufficient space for parking both the truck and our employee support vehicle to
accompany the truck for the duration of your event. In-N-Out Burger reserves the right to relocate the In-N-Out Burger
Truck if it deems the parking area or any portion thereof, to be unacceptable. If the desired parking area requires
property parking permits, In-N-Out Burger is not responsible for obtaining them. Cookout Trucks require 85 feet of
parking space, with 14 feet overhead clearance and a width of at least 11 feet. In-N-Out Burger cannot park in any
residential drive -ways excluding grass/dirt. Please be aware that some areas may be inaccessible due to narrow or steep
roads and low overhanging trees.
Truck Information
• Length: 65' - We will need about 85' for parking or 9-10 parking spaces
• Width: 14'. Our entire set-up (EZ-up and table) will need 25' of space.
• Height: 13' (Safe clearance height of 14' needed)
• Bottom rail clearance height: 10", Rear tractor axle - front trailer axle spacing: 25'
• Weight: 50,000 Lbs.
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3. PROMOTIONAL MATERIALS: The In-N-Out Burger name and approved Cookout logo/graphic (available for download at
Agreement No. 7551
https://inoshare.com/s/mxj87g29bfvh8rm96r4prw4w) ("Names and Marks") may only be used on materials relating to
the Customer's Event and as approved herein or in writing by In-N-Out Burger; no other logos, trademarks or graphics
may be used without express, prior written authorization. The Names and Marks may not be included in any form of
mass advertising or mass marketing materials, including without limitation the public internet, radio, television, and
public social media posts. The Names and Marks may be used on physical materials (i.e., posters and tickets) and limited -
distribution digital content (i.e., emails, private social media posts, or posting on an internal/private company intranet).
All materials using the Names and Marks as well as any exceptions to these rules/restrictions must be approved in
writing by the In-N-Out Burger Marketing Department before producing any materials. Please e-mail all design and
exception requests to CookoutLogo@innout.com for review (please expect approx. 48 hours for a response). In-N-Out
Burger reserves all rights, title and interest in and to its Names and Marks. Customer hereby acknowledges and agrees
that In-N-Out Burger owns the Names and Marks and that by this Agreement In-N-Out Burger is granting to Customer a
limited, non-exclusive, revokable license to use such Names and Marks (as approved herein or pre -approved in writing)
in connection with the Event and through the Event Date only, and that all use of the Names and Marks inures to the
benefit of In-N-Out Burger. Violation of this provision (or any other provision) may result in the cancellation of your
Event.
4. FOOD HANDLING AND SERVICE: Customer expressly understands and agrees that only In-N-Out Burger associates shall
cook the burgers at the Event. In addition, Customer expressly agrees that no personnel, other than In-N-Out Burger
associates, shall serve burgers to guests at the Event.
5. CHANGES IN TERMS OF AGREEMENT:
A. PRIOR TO THE EVENT: In general, In-N-Out Burger will only come prepared to serve what is ordered on page(1)
of this Agreement (see "order") and must all be served within the scheduled time. If Customer desires to change the
time, location or menu of their Event as originally agreed to in this Agreement, Customer must inform In-N-Out
Burger of such a change no later than seven (7) days prior to the scheduled date of the Event and is subject to
availability. Please note that In-N-Out Burger may be unable to make any change in the Event if this advance notice
is not provided.
B. AT THE EVENT: If the Cookout Truck has extra product available and the Customer wishes to extend the amount
and/or time of the Cookout, Customer agrees to pay the extra costs associated with the additional product or time
served. Customer acknowledges and agrees that the person designated as the Site Contact person in this Agreement
is fully authorized to make all decisions concerning the serve time, menu options and amount of food served at the
event, and holds Customer responsible for any extra costs associated with those decisions.
6. INSURANCE AND INDEMNIFICATION REQUIREMENTS: Customer acknowledges and warrants that it has adequate
liability insurance in place for the property where the Event is to be held. Upon In-N-Out Burger's request, Customer
shall provide In-N-Out Burger with a Certificate of Insurance, or a copy of the homeowners' insurance policy, indicating
that adequate liability insurance is in place for the property where the cookout is to be held.
A. Except to the extent any action or claim arises out of the gross negligence or intentional misconduct of In-N-
Out Burger or any of its employees, owners, officers, directors and agents, Customer hereby agrees to
indemnify, defend and hold harmless In-N-Out Burger and its affiliates, related business entities, successors,
assigns, employees, owners, officers, directors and agents, and each of them, from and against any and all
actions or claims that Customer or Customer's guests, invitees and representatives may have, and against any
and all other actions or claims, which in any way relate to or arise out of Customer's Event.
B. Except for any liability arising out of its gross negligence or intentional misconduct, In-N-Out Burger does not,
and shall not be required to, assume any liability for any damages or losses arising from or relating to
Customer's Event.
C. Customer hereby acknowledges and agrees that In-N-Out Burger and its employees, owners, officers,
directors and agents shall not have any liability to Customer for any claims, liabilities or expenses arising out
of or relating to the Event in excess of the fees actually paid by Customer to In-N-Out Burger pursuant to this
Agreement, except to the extent any such claim, liability or defense has been finally judicially determined to
have resulted primarily from the gross negligence or intentional misconduct of In-N-Out Burger.
LIMITATION OF LIABILITY: In no event shall In-N-Out Burger or any of its owners, officers, directors, employees,
contractors or suppliers be liable to Customer for any punitive, special, exemplary, incidental, consequential or other
indirect loss or damage (including, but not limited to, loss of profits, loss of revenue, loss of opportunity and loss of use)
that may arise out of or in connection with this Agreement, including, but not limited to, damages or costs resulting
from In-N-Out Burger's failure to provide the service regardless of whether such damages could have been foreseen,
prevented or had been advised of. Under no circumstance will the collective liability of In-N-Out Burger and its owners,
officers, directors, employees, contractors or suppliers, for any damages incurred, ever exceed the amount paid or
payable by Customer to In-N-Out Burger under this Agreement regardless of the form of action, whether based on
contract, tort, negligence, strict liability, products liability or otherwise.
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8. RIGHTTO RESCIND: In-N-Out Burger reserves the right, at anytime, to unilaterally rescind this Agreement and/or to
deny service to Customer, even after the Event has commenced, if Customer's Event is not conducted (or any person
Agreement No. 7551
related to the Event does not conduct themselves) in a manner consistent with applicable law and the policies, practices
or image of In-N-Out Burger, or for any breach of these terms. In particular, In-N-Out Burger is committed to providing
and supporting a drug -free environment for its customers and Associates. In-N-Out Burger may, on its own discretion,
unilaterally rescind this Agreement and/or deny service to Customer should Customer's Event in any way involve or
support illegal or legal drug use, including marijuana, or drug paraphernalia, which shall include equipment, products,
and materials of any kind whose primary design function is for use in growing, harvesting, manufacturing, producing,
processing, preparing, packaging, storing, injecting, ingesting, inhaling or otherwise introducing such drugs into the
human body.
9. GOVERNING LAW AND VENUE: The laws of the State of California shall govern this Agreement. If a dispute arises in
connection with or relating to this Agreement, it shall be subject to the exclusive jurisdiction and venue of the state and
federal courts located in Orange County, California, and the parties consent to the personal and exclusive jurisdiction
and venue of these courts.
10. FORCE MAJEURE: The parties to this Agreement will be excused from the performance of this Agreement in whole or in
part if the performance by In-N-Out Burger or Customer of any of its material obligations under this Agreement is
prevented by operation of law or any cause beyond the reasonable control of such party, including without limitation
fire, flood, disruption of transportation (but not the failure of a party to reasonably anticipate possible transportation
delays), earthquake, public disaster, strike, labor dispute or unrest, accident, breakdown of electrical or other
equipment, riot, war, insurrection, civil unrest, Act of God, any act of any legal or governmental authority (all of which
causes are referred to as "events of force majeure"). If the Event is cancelled or curtailed because of the occurrence of
any of the foregoing events of force majeure, In-N-Out Burger shall remit the full portion of the deposit, less any out-of-
pocket costs incurred by In-N-Out Burger, in connection with the cancelled or curtailed Event.
11. MISCELLANEOUS: This Agreement constitutes the entire agreement between the parties and supersedes any and all
prior offers, negotiations and agreements. Only a written agreement executed by the parties shall modify or amend this
Agreement. If any provision of this Agreement is declared invalid, the remaining provisions shall remain in full force and
effect. The section and paragraph headings contained in this Agreement are for reference purposes only and shall not
affect in any way the meaning or interpretation of this Agreement.
12. PRODUCT PRICES: The total cost of Customer's cookout Event will be determined by the amount of food used, at the
current prices below and other charges described on page two or the "Minimum Charge" of $2,450.00; whichever is
higher. A $800 trip charge and a $500 fry premium will be added to all events. Prices, terms and conditions quoted are
subject to change; should this occur, Customer will be notified no less than 60 days prior to the cookout date.
Meals Including Fries & Drink:
Cost
Hamburger Meal
$13.70+tax
Cheeseburger Meal
$14.30+tax
Double -Double® Meal
$16.35+tax
Grilled Cheese Meal
$13.45+tax
13. MARK-UP POLICY: If Customer chooses to sell tickets to be redeemed for our products or otherwise charges for them,as
a fundraiser for an organization, In-N-Out Burger maintains a strict policy on maximum fund raiser prices that may be
charged for our products. The maximum markup on each item is 25% on top of the cost (as listed in Sec. 12 (Product
Prices)), before sales tax. If at any time these price maximums are exceeded, Customer's cookout event will be
terminated and Customer may be ineligible for future events.
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