CHEF ADDENDUM TO TERMS OF SERVICE
Last Updated: June 26, 2019
This Chef Addendum is an addendum to the Agreement (www.myplates.io) between you and Plates and it sets forth additional terms and conditions that are applicable to your provision of Services through the Plates Platform. Capitalized terms herein have the meaning set forth in the Agreement.
Food and Safety
You will be handling food consumed outside of a restaurant setting and, as such, you will ensure that you can provide proof of up to date safety and food handling certificates. These are offered through local health department agencies, and they cover food-borne illnesses, food handling procedures and kitchen safety.
Food Allergens and Ingredient Disclosure
You shall be responsible for identifying all allergens contained in your meals by properly checking the applicable items on the site page, and, as applicable, providing a general warning to persons who have food allergies. In addition to your allergen disclosure, you should also be able to provide diners with an ingredient list for each menu item upon request.
It is your responsibility (not Plates) to obtain and maintain license(s) and/or permit(s) to operate a home kitchen in your locality or through other qualifying venues that you register with Plates. It is also your responsibility (not Plates) to determine whether a home inspection is required to ensure your home kitchen meets the specifications for in home food preparation. During the application process Plates has specifically referred you to the FAQ section, What about food safety regulations and law? (available at https://www.myplates.io/faq/) to ensure that you are compliant. You further agree to provide proof that such an inspection has been completed upon request by the Plates’ team as an additional element of the Plates onboarding process. By accepting our Addendum to Term of Service and posting a meal on Plates, you certify that you will follow your local laws and regulations.
Furthermore Plates is operating in the US and the UK. You understand that Plates does not support business in other countries at the moment and as such you will not be able to use the application to promote your services outside the US and UK. Plates will progressively roll out its marketplace in other countries and advise Chefs accordingly.
Food Liability Insurance
All chefs are required to carry food liability insurance to operate a home kitchen in their locality or through other qualifying venues that they register with Plates. In the US, Information regarding policy details and/or requirements is available through the Food Liability Insurance Program (FLIP) at https://www.fliprogram.com/home-food-business-insurance, or via other cottage food or general liability insurance carrier websites. For UK Chefs most mainstream Insurers provide comprehensive and affordable food liability Insurance policies for home chefs, bakers and caterers. By signing the Addendum to the Terms of Service, you agree to provide proof that such insurance is in place upon request by the Plates’ team during the Plates onboarding process, and subsequently at discretion of the Plates Team when you will be already operating through our platform.
Transaction Fees for Services
You are free to establish your own fees for meals, however, Plates requires that you to charge a minimum price of $5.00 USD per transaction (for UK activity, £5.00 per transaction) to cover Plates operational costs. As consideration of your use of the Plates Platform and the services provided by Plates to you, you agree to pay Plates (and permit Plates to retain) a service fee equal to a “Special “Early Adopter pricing” of ten-percent (10%) + VAT, where applicable, of the total Guest fees per transaction.
Payment processing services are provided by Stripe and subject to the Stripe Connected Account Agreement (available at https://stripe.com/us/connect- account/legal), which includes the Stripe Services Agreement (available at https://stripe.com/us/legal) (collectively, the “Stripe Terms”). By using the Plates Platform to receive payment proceeds, you agree to be bound by the Stripe Terms, which may be modified from time to time. As a condition of Plates enabling payment processing services through Stripe, you authorize Plates to obtain all necessary access and perform all necessary activity on your Stripe Connected Account to facilitate your provision of Services as contemplated by the Agreement and your relationship with Plates. You further agree to provide accurate and complete information about you and your business, and authorize Plates to share it and transaction information with Stripe for the purposes of facilitating of the payment processing services provided by Stripe.
You also accept that Plates will transfer undisputed fees collected on your behalf on a weekly basis. Plates reserves the right to hold transfers to chefs for any transaction where there is a refund due or dispute involving the Host and Guest until such time as the dispute has been resolved.
Plates reserves the right to switch payment processing vendors or use alternate or backup vendors in its discretion.
Waiver and Release
In consideration of your participation as a Plates Chef, you agree (for yourself, your heirs, assigns, agents, employees and affiliates) do hereby release, waive and discharge, Plates, and its officers, employees, and agents from liability from any and all claims resulting in personal injury, accidents or illnesses (including death) arising from, but not limited to, meals you have prepared for Guests pursuant to the Plates Services.
Indemnification and Hold Harmless
You agree to indemnify and hold harmless Plates and its officers, employees, and agents (the “Indemnitees”) from any and all claims, actions, suits, procedures, costs, expenses, damages and liabilities, including attorney’s fees brought as a result of your participation as a Plates chef, whether brought by Guests or other third parties, and to reimburse the Indemnitees for any such expenses incurred.