1. OrangeCrate is a restaurant marketing company that facilitates meal delivery to consumers. OrangeCrate will receive orders from consumers and fax, call or message them to the restaurant with an estimated pick-up time. Restaurant will provide to OrangeCrate, in a timely fashion, the same quality food served in the restaurant. OrangeCrate will arrange and pay for the delivery of the food by a contracted, insured, independent delivery driver.
2. This agreement shall be for a term of one year from the date first written above. This agreement shall automatically renew for additional one year terms unless either party gives the other party written notice that it does not intend to renew at least 60 days prior to the expiration of the agreement.
3. The Restaurant will receive the percentage of the original price of their product at the point of sale as agreed by above. The Restaurant agrees to give OrangeCrate the percent off indicated above at the point of purchase. The discount shall be off the restaurant’s regular menu price as printed in the restaurant’s menu. Special order items not on the restaurant’s regular menu will be quoted by the restaurant, and OrangeCrate will receive the same discount on those items, If the discount rate stated above is less then 30%, then OrangeCrate may increase the price of the items charged to its customers in an amount necessary for OrangeCrate to receive a 30% gross profit on the meals purchased from the restaurant. It is understood that OrangeCrate also collects delivery fees on behalf of its affiliated self-employed delivery professionals and processing fees from its customers, and these fees belong solely to the self-employed delivery professionals and/or OrangeCrate.
4. OrangeCrate will contact the restaurant with any issues regarding food quality, incorrect preparation, or timeliness issues. OrangeCrate will be responsible for any adjustments to the customers due to the handling of the food, order-taking errors or timeliness issues controllable by OrangeCrate.
5. Restaurant will provide OrangeCrate with a current menu. Restaurant will notify OrangeCrate of any menu changes as soon as possible.
6. OrangeCrate will carry insurance as required by state law.
7. Restaurant will indemnify OrangeCrate from any claims, or expenses due to any product defects or mishandling by restaurant of its product.
8. OrangeCrate publishes a Menu Guide and other advertising materials, both printed and online, on a periodic basis. Restaurant hereby grants
permission for OrangeCrate, at its sole option, to include restaurant’s menu and logo in said menu guide and any/all other advertising and marketing.
Menu guide will reflect prices charged to the customer as indicated in Paragraph Three.