YubaEats Food Truck Partner Agreement

This Food Truck Partner Agreement (the “Agreement”) is between FITCHCRAFT, doing business as YubaEats (“YubaEats,” “we,” “us,” or “our”), and the food truck, mobile-food vendor, or business that accepts this Agreement (“Partner,” “you,” or “your”).

This Agreement applies in addition to the YubaEats Terms of Service and Privacy Policy. If this Agreement conflicts with the Terms of Service on a subject specific to food truck partners, this Agreement controls for that subject.

1. Purpose

YubaEats is a discovery and platform service for local food trucks and mobile-food vendors. Partner wants to be listed on and promoted through YubaEats and to use the platform’s features.

This relationship is non-exclusive. Partner is free to use any other app, website, payment method, advertising channel, or sales channel at any time. Nothing here requires Partner to work only with YubaEats.

2. Application and Approval

Submitting an application does not automatically publish a truck. A truck listing may move through stages such as Draft, Pending Approval, and Approved.

• YubaEats reviews trucks before they become publicly visible.
• Partner may not bypass or circumvent the approval process.
• YubaEats may approve, reject, suspend, hide, or remove a listing for legitimate customer, community, safety, or platform-integrity reasons.

3. Partner Responsibilities

Partner is an independent business and is solely responsible for:

• Licenses, permits, and registrations
• Inspections and health and food-safety compliance
• Insurance
• Its employees and contractors
• Its taxes
• Its pricing and menus
• Customer service and refunds
• The accuracy of its business information
• Its operating hours and locations
• All other legal requirements applicable to its business

4. Membership and Commission

The current standard YubaEats food-truck membership price is $39 per month.

YubaEats charges Partner 0% commission on Partner’s food sales.Partner keeps 100% of its direct customer food sales, subject to Partner’s own:

• Taxes
• Payment-processing costs
• Refunds
• Chargebacks
• Ordinary business expenses

Submitting an application does not start a charge. Before any recurring membership billing begins, YubaEats will provide the applicable billing details and obtain the authorization required for that billing relationship.

If YubaEats later offers materially different paid services or pricing, those will be disclosed before they become applicable to Partner and may require additional acceptance.

5. Customer Payments

YubaEats does not currently provide general payment processing. Unless YubaEats specifically states otherwise for a particular feature, ordinary customer purchases are transactions directly between the customer and Partner.

Partner remains responsible for its own payment methods, its processor relationship, refunds, chargebacks, taxes, and transaction records. Any future YubaEats payment services may require separate terms.

6. Partner Listing and Content

An approved listing may include:

• Name
• Logo and photos
• Menu and prices
• Description
• Contact information
• Hours
• Locations
• Events
• Social links

Partner retains ownership of its content. Partner grants YubaEats a non-exclusive, royalty-free license to use, display, reproduce, and distribute Partner-supplied content as reasonably necessary to:

• Operate the YubaEats service
• Display the Partner listing
• Market and promote YubaEats
• Promote Partner’s participation in YubaEats

This license is limited to those purposes and ends for new uses when the listing is removed, except for copies already distributed or retained in ordinary records and backups.

7. Location and Availability

Partner is responsible for keeping its location and hours reasonably accurate. Mobile food operations change frequently, and YubaEats understands that plans shift.

YubaEats does not guarantee traffic, sales, attendance, views, leads, or revenue.

8. Reviews

Customers may post reviews, including unfavorable ones. YubaEats may moderate content that violates platform policy or that is suspected of fraud or abuse. Partner may report suspected abuse for review.

9. Independent Businesses

YubaEats and Partner are independent businesses. This Agreement does not create:

• Employment
• A partnership
• A joint venture
• A franchise
• An agency relationship

Partner cannot bind YubaEats or make commitments on its behalf. YubaEats does not control Partner’s employees, food preparation, pricing, or ordinary business operations.

10. Customer and Personal Information

If Partner receives customer or personal information through YubaEats, Partner will:

• Use it only for legitimate, authorized business and customer purposes
• Not sell or misuse it
• Protect it with appropriate safeguards
• Comply with applicable privacy law

11. Food Safety and Legal Compliance

Partner is responsible for:

• Food quality
• Allergens and allergen disclosure
• Preparation, handling, and storage
• Sanitation
• Health-code compliance
• Operating lawfully

YubaEats may suspend a listing where it has a reasonable safety, fraud, licensing, or legal concern.

12. Indemnity

Partner will indemnify and hold harmless YubaEats and FITCHCRAFT from third-party claims, damages, and reasonable costs to the extent they arise from Partner’s:

• Food or products
• Business operations
• Violations of law
• Breach of this Agreement
• Negligence or willful misconduct
• Knowingly or negligently inaccurate information

This obligation is limited to matters caused by Partner and does not extend to claims arising from YubaEats’ own negligence or misconduct.

13. Limitation of Liability

To the fullest extent permitted by law, YubaEats and FITCHCRAFT will not be liable for indirect, incidental, special, consequential, or punitive damages, or for lost profits, arising from this Agreement or Partner’s use of the platform. YubaEats makes no guarantee of leads, views, orders, or sales.

Nothing in this Agreement excludes or limits liability where applicable law does not permit that exclusion or limitation.

14. Term and Termination

This Agreement begins when Partner accepts it and continues until terminated.

• Partner may request removal of its listing or account at any time.
• YubaEats may suspend or terminate for material breach, fraud, safety issues, loss of legal authority to operate, repeated inaccuracies, or serious abuse of the platform.

Sections addressing content already distributed, customer and personal information, indemnity, limitation of liability, governing law, and other provisions that by their nature should continue will survive termination.

15. Changes

YubaEats is an evolving platform and its features will change over time. Material legal or financial changes to this Agreement will be communicated before they become binding where required, and material pricing changes require appropriate disclosure and acceptance.

16. Governing Law

This Agreement is governed by the laws of the State of California, without regard to conflict-of-law principles. Any legal proceeding relating to this Agreement will take place in the appropriate state or federal court located in Yuba County, California, unless applicable law requires otherwise.

17. Entire Agreement and Severability

This Agreement, together with the Terms of Service and Privacy Policy, is the entire agreement between YubaEats and Partner on this subject and replaces earlier understandings about it. If any provision is found unenforceable, the rest of the Agreement remains in effect, and the unenforceable provision will be applied to the maximum extent permitted by law.

18. Notices

Notices to YubaEats may be sent to:

Partner is responsible for maintaining a current contact email with YubaEats. Notices to Partner may be sent to that address.