Booked Catering Partner Terms

Booked Catering connects qualified food-service businesses with catering orders that may match their location, availability, capabilities, capacity, service offerings, and other operating criteria.

Booked Catering may provide or coordinate services including:

• customer acquisition;
• order intake;
• standardized catering menus;
• pricing;
• customer communication;
• order processing;
• payment collection;
• order revisions;
• partner matching;
• partner performance tracking;
• payout administration; and
• other services related to the Booked Catering marketplace.

Partner is responsible for preparing and fulfilling any catering order Partner accepts in accordance with the applicable order requirements, Booked Catering standards, and applicable law.

Participation is non-exclusive. Unless otherwise agreed in writing, Partner may continue operating its own business and working with other customers, marketplaces, and catering services.

To participate in the Booked Catering network, Partner must provide accurate information regarding its business and operating capabilities.

Booked Catering may consider factors including:

• business location;
• service area;
• kitchen capacity;
• guest-count capacity;
• meal periods;
• delivery capabilities;
• staffing capabilities;
• full-service capabilities;
• rental capabilities;
• menu capabilities;
• operating hours;
• licensing and permits;
• insurance;
• past performance; and
• other factors reasonably related to successful fulfillment of catering orders.

Submitting an application does not guarantee acceptance into the Booked Catering network.

Booked Catering may approve, conditionally approve, request additional information from, decline, pause, or suspend an applicant or Partner at its reasonable discretion.

Partner represents that information submitted to Booked Catering is accurate and complete.

Partner must keep its information reasonably current, including:

• business name;
• business address;
• contact information;
• service area;
• operating availability;
• guest capacity;
• staffing capabilities;
• service capabilities;
• insurance;
• licenses and permits; and
• payout information.

Partner must promptly update Booked Catering if a material change affects Partner’s ability to fulfill orders.

Booked Catering may rely on the information in Partner’s profile when determining which catering opportunities to send to Partner.

Partner is solely responsible for maintaining all licenses, registrations, permits, approvals, certifications, and other legal authority required to operate its business and fulfill accepted catering orders.

This includes, where applicable:

• valid health permits;
• food-service licenses;
• business licenses;
• food-handler certifications;
• employment requirements;
• transportation requirements;
• alcohol-related licenses or permits;
• tax registrations; and
• any other approvals required by applicable law.

Partner may create an account and submit an application before all requested documentation has been uploaded.

However, Booked Catering may require designated licenses, permits, insurance, payment information, or other documentation to be approved before Partner becomes eligible to receive or accept live catering orders.

Partner must immediately notify Booked Catering if any required license, permit, insurance policy, or authorization expires, is suspended, is revoked, or otherwise ceases to be valid.

Partner shall maintain insurance appropriate to the services it performs through Booked Catering and shall provide proof of required coverage before becoming eligible to accept live Booked Catering orders.

Unless Booked Catering approves otherwise in writing, Partner must maintain the following minimum insurance coverage while eligible to accept Booked Catering orders:

Commercial General Liability

Partner must maintain Commercial General Liability insurance with limits of not less than:

• $1,000,000 per occurrence; and
• $2,000,000 general aggregate.

Coverage must remain active throughout Partner’s participation in the Booked Catering network.

Workers’ Compensation

Partner must maintain workers’ compensation insurance as required by applicable law for its employees.

Where legally applicable, Partner shall also maintain employer’s liability coverage customarily included with or accompanying its workers’ compensation coverage.

If Partner is legally exempt from maintaining workers’ compensation insurance, Booked Catering may require documentation reasonably establishing that exemption.

Automobile Liability

If Partner or any of Partner’s owners, employees, contractors, drivers, or other personnel uses a motor vehicle in connection with the delivery, transportation, setup, fulfillment, or performance of a Booked Catering order, Partner must maintain Business Automobile Liability insurance with limits of not less than:

$1,000,000 combined single limit per accident for bodily injury and property damage.

Coverage must apply, as applicable to Partner’s operations, to:

• owned automobiles;
• hired automobiles; and
• non-owned automobiles.

Partner is responsible for ensuring that vehicles and drivers used in connection with Booked Catering orders are properly licensed, insured, and legally authorized to operate.

Additional Coverage

Booked Catering may reasonably require additional insurance for particular services, markets, or order types, including liquor liability or other coverage where Partner performs services involving additional risk.

Partner must promptly notify Booked Catering if any required insurance:

• expires;
• is cancelled;
• is materially reduced;
• is suspended; or
• otherwise ceases to satisfy Booked Catering’s requirements.

Booked Catering may suspend Partner’s eligibility to receive or accept new orders until required insurance coverage has been restored and verified.

Booked Catering may send Partner catering opportunities that appear to match Partner’s profile.

Each opportunity may include information such as:

• event date;
• delivery or service time;
• location;
• guest count;
• menu;
• service style;
• staffing requirements;
• rental requirements;
• special instructions;
• customer order value;
• Booked Catering fee or platform fee;
• Partner payout; and
• deadline to respond.

Booked Catering does not guarantee any minimum number, frequency, dollar value, or type of catering order.

The availability of opportunities may depend on customer demand, geographic coverage, Partner performance, capacity, seasonality, and other marketplace factors.

Partner is not required to accept every catering opportunity.

Partner should accept an order only if Partner has the capacity, staff, equipment, permits, transportation, and other resources necessary to fulfill the order as presented.

Once Partner clicks Accept Order and receives confirmation that the order has been awarded or assigned to Partner, Partner is committing to fulfill that order.

An accepted order becomes a binding fulfillment commitment subject to:

1. these Terms;
2. the order details displayed in the platform;
3. any subsequently accepted revisions; and
4. applicable Booked Catering standards.

Partner may not accept orders that it knows or reasonably should know it cannot properly fulfill.

Partner may decline catering opportunities that do not fit its operation.

Booked Catering may consider acceptance history when determining:

• Partner level;
• revenue share;
• priority access;
• order matching;
• eligibility for certain types of orders; or
• other Partner benefits.

Booked Catering may also consider whether an opportunity reasonably matched the capabilities and availability Partner supplied to Booked Catering.

Whenever practical, Partner should keep its availability, blackout dates, service area, and capabilities current so Booked Catering can avoid sending unsuitable opportunities.

A declined order does not by itself constitute a breach of these Terms.

Booked Catering may maintain a performance-based Partner program.

Performance factors may include:

• completed orders;
• successful fulfillment;
• customer ratings and feedback;
• on-time performance;
• cancellations;
• response time;
• acceptance history;
• communication;
• food quality;
• order accuracy; and
• compliance with Booked Catering standards.

Strong Partner performance may result in benefits such as:

• improved revenue share;
• priority order access;
• access to larger orders;
• preferred Partner status; or
• other benefits.

Booked Catering may modify Partner-level criteria over time as the marketplace develops.

Partner-level status is not guaranteed and may increase or decrease based on performance.

For Booked Catering orders, Partner agrees to prepare the menu specified in the applicable order in accordance with Booked Catering standards.

Booked Catering may provide:

• recipes;
• product specifications;
• preparation methods;
• portion standards;
• presentation standards;
• packaging standards;
• ingredient specifications;
• approved substitutions;
• sourcing recommendations; and
• other production guidance.

Partner remains responsible for its own kitchen operations, employees, equipment, food-production methods, and compliance with applicable food-safety laws.

Partner may continue offering its own menu through its own business outside Booked Catering orders.

Partner may not materially substitute or alter a Booked Catering menu item without authorization when doing so would affect the customer’s order or experience.

If Partner cannot source or produce a required item, Partner should contact Booked Catering before proceeding with an unauthorized substitution.

Partner is solely responsible for safely preparing, storing, transporting, serving, and handling food it produces.

Partner must comply with applicable food-safety requirements, including requirements relating to:

• food temperatures;
• sanitation;
• allergen handling;
• cross-contamination;
• storage;
• transportation;
• employee hygiene;
• commercial-kitchen operations; and
• applicable health regulations.

Partner must promptly notify Booked Catering of any actual or suspected issue that could materially affect customer safety, including contamination, illness allegations, food recalls, or significant food-safety incidents related to a Booked Catering order.

Booked Catering may communicate customer dietary restrictions, allergies, or special food requests to Partner.

Partner must review these requirements before accepting an order.

Unless explicitly represented otherwise, Booked Catering does not represent that any Partner kitchen is allergen-free.

Partner is responsible for accurately communicating its ability or inability to accommodate dietary requirements and for following applicable food-safety practices.

If Partner becomes unable to safely fulfill a dietary requirement after accepting an order, Partner must immediately notify Booked Catering.

Partner is responsible for fulfilling accepted orders by the required delivery, arrival, setup, or service time.

Partner must provide adequate lead time for transportation, unloading, setup, staffing, and other operational requirements.

Where Partner provides staff, Partner is responsible for:

• hiring;
• supervision;
• scheduling;
• compensation;
• payroll;
• employment compliance;
• training; and
• conduct of its personnel.

Where Partner provides or coordinates rentals, Partner is responsible for ensuring the required items are delivered in suitable condition and in accordance with the accepted order.

Customers may request changes after Partner accepts an order.

Booked Catering may send revised order information to Partner through the platform, email, SMS, or other configured notification methods.

Revisions may include changes to:

• guest count;
• menu;
• quantities;
• timing;
• location;
• staffing;
• rentals;
• setup;
• service requirements; or
• Partner payout.

Material revisions that meaningfully increase Partner’s obligations should be presented to Partner for acknowledgment or acceptance when reasonably practicable.

Partner must promptly review time-sensitive revisions.

If Partner cannot accommodate a material revision, Partner must notify Booked Catering as soon as possible.

Booked Catering generally manages the customer relationship and customer-facing ordering process for Booked Catering orders.

Partner may receive customer contact information when reasonably necessary to fulfill an accepted order.

Partner may use that information only for purposes reasonably related to fulfilling the applicable Booked Catering order, unless the customer separately authorizes another use.

Partner must not misuse customer information or send unrelated marketing communications without appropriate authorization.

Unless authorized by Booked Catering, Partner should not:

• negotiate separate pricing with a Booked Catering customer for an active Booked order;
• request payment directly from the customer for amounts included in the Booked order;
• redirect an active Booked Catering order outside the platform; or
• misrepresent its relationship with Booked Catering.

Booked-Originated Customers

A “Booked-Originated Customer” means a customer, company, organization, event planner, venue contact, or other customer relationship first introduced to Partner through Booked Catering, including through:

• a catering opportunity;
• an accepted Booked Catering order;
• customer information supplied through the Booked Catering platform;
• an event coordinated through Booked Catering; or
• another introduction made by Booked Catering.

A customer shall not be considered a Booked-Originated Customer if Partner can reasonably demonstrate that Partner had an established, independent commercial relationship with that customer before Booked Catering introduced the customer to Partner.

Non-Circumvention

Partner acknowledges that Booked Catering invests substantial resources in customer acquisition, advertising, marketing, technology, sales, ordering infrastructure, customer relationships, and marketplace operations.

Partner agrees not to intentionally circumvent Booked Catering with respect to a Booked-Originated Customer.

During Partner’s participation in the Booked Catering network and for thirty-six (36) months following Partner’s most recent Booked Catering order for the applicable Booked-Originated Customer, Partner shall not knowingly solicit, encourage, redirect, arrange, accept, or fulfill catering or event-related business from that Booked-Originated Customer outside Booked Catering where the purpose or reasonably foreseeable effect is to bypass Booked Catering and avoid fees, commissions, platform fees, or revenue share that otherwise would have been payable to Booked Catering.

This restriction applies only to catering or event-related business arising from the relationship, customer information, opportunity, or introduction created through Booked Catering.

Nothing in this Section prohibits Partner from generally marketing its business to the public, provided such marketing is not specifically intended to circumvent Booked Catering with respect to a Booked-Originated Customer.

Preexisting Customer Relationships

This Section does not prohibit Partner from conducting business with a customer if Partner can reasonably demonstrate that:

1. Partner had an established commercial relationship with that customer before Booked Catering’s introduction;
2. the applicable business opportunity was independently developed by Partner and was not derived from information, contacts, relationships, or opportunities provided through Booked Catering; or
3. Booked Catering provides written authorization for the transaction to occur outside the platform.

Booked Catering may reasonably request documentation establishing a claimed preexisting relationship.

Direct Contact From a Booked-Originated Customer

If a Booked-Originated Customer independently contacts Partner during the 36-month protection period seeking catering or event-related services outside Booked Catering, Partner shall either:

1. direct the customer to complete the applicable catering transaction through Booked Catering; or
2. promptly notify Booked Catering so the opportunity can be appropriately processed.

Partner shall not encourage or assist a Booked-Originated Customer in moving a transaction outside Booked Catering for the purpose of avoiding Booked Catering fees.

Circumvention Remedies

If Partner knowingly completes a transaction in violation of this Section, Booked Catering may recover the platform fees, revenue share, commissions, or other compensation that Booked Catering reasonably would have earned had the applicable transaction been processed through Booked Catering.

Booked Catering may also pursue any other remedies available under applicable law.

Any compensation sought under this provision is intended to compensate Booked Catering for losses caused by circumvention and is not intended to operate as a penalty.

Survival

Partner’s obligations under this Section survive suspension, termination, or closure of Partner’s account for the applicable 36-month protection period.

Before Partner accepts an order, Booked Catering will make the applicable Partner payout available in the order details.

Where displayed, Booked Catering may also show:

• customer order value;
• platform fee;
• deductions;
• adjustments; and
• other financial information.

The amount displayed as You Earn, Partner Payout, or similar language represents the amount Partner is expected to receive for proper fulfillment of the order, subject to authorized adjustments under these Terms.

Booked Catering may use different platform-fee or revenue-share structures for different:

• Partner levels;
• order types;
• markets;
• service levels;
• promotional programs; or
• contractual arrangements.

Partner may choose whether to accept an order after reviewing the applicable payout.

Partner must provide valid tax and payout information, including bank account details and a mailing address, before receiving payment.

Unless otherwise disclosed for a specific order, Booked Catering will issue Partner payouts seven (7) days after the event is completed, by ACH/wire transfer or check.

Payout timing may be affected by:

• bank processing times;
• payment-provider processing;
• customer disputes;
• refunds;
• chargebacks;
• unresolved fulfillment issues;
• incomplete tax information; or
• suspected fraud.

Booked Catering will not knowingly withhold undisputed amounts without a legitimate business or legal reason.

Partner operates its own independent business and is responsible for taxes arising from amounts paid to Partner, except taxes that Booked Catering is legally required to collect, withhold, or remit.

Partner must provide accurate taxpayer information when requested.

Booked Catering or its payment provider may issue applicable tax reporting forms when legally required.

Customer cancellation terms may vary based on order type and timing.

If a customer cancels an accepted order, Partner’s entitlement to any cancellation payment will depend on the applicable order terms, cancellation timing, costs already incurred, and Booked Catering’s then-current cancellation policy.

Booked Catering will communicate any amount payable to Partner following a customer cancellation.

Once an order has been accepted and assigned, Partner should cancel only when circumstances genuinely prevent performance.

Partner must notify Booked Catering immediately if it believes it will be unable to fulfill an accepted order.

Partner cancellations may affect:

• Partner performance;
• Partner level;
• eligibility for future orders;
• priority status; or
• continued participation in the network.

If a Partner cancellation causes Booked Catering reasonably documented costs, customer refunds, replacement costs, or other direct losses, Booked Catering may seek reimbursement or offset amounts otherwise payable to Partner to the extent permitted by law.

Booked Catering will consider emergencies and circumstances outside Partner’s reasonable control.

Booked Catering may investigate customer complaints involving Partner fulfillment.

Partner agrees to reasonably cooperate with the investigation.

If an order is materially deficient because of Partner’s acts or omissions—including missing food, significant lateness, failure to provide accepted services, material quality problems, or failure to attend an event—Booked Catering may provide an appropriate customer credit or refund.

Where Partner is reasonably responsible for the deficiency, Booked Catering may adjust Partner’s payout to reflect the affected portion of the order, subject to applicable law.

Booked Catering will not impose arbitrary deductions unrelated to the Partner’s performance.

If a customer disputes a payment associated with an order, Partner agrees to reasonably provide records or information necessary to respond to the dispute.

Partner will not automatically be responsible for a customer chargeback merely because a chargeback occurred.

However, Booked Catering may recover amounts directly attributable to Partner fraud, material nonperformance, or other Partner conduct giving rise to a valid chargeback.

Partner is an independent business and not an employee, agent, joint venturer, franchisee, or legal representative of Booked Catering.

Except for the requirements governing Booked Catering orders, Partner retains responsibility for managing and controlling its own:

• business;
• kitchen;
• personnel;
• equipment;
• scheduling;
• expenses;
• employment practices;
• tax obligations; and
• business operations.

Partner has no authority to enter contracts or make commitments on behalf of Booked Catering unless Booked Catering expressly authorizes it in writing.

Individuals used by Partner to fulfill orders are Partner’s responsibility.

Partner is responsible for ensuring its personnel:

• are properly trained;
• are legally eligible to perform their work;
• possess required certifications;
• are appropriately supervised; and
• comply with applicable laws and Booked Catering order requirements.

Booked Catering is not responsible for wages, benefits, workers’ compensation, payroll taxes, scheduling, or employment claims involving Partner’s personnel.

Booked Catering and its names, logos, platform, menu systems, documentation, recipes, processes, software, and other proprietary materials may be protected by intellectual-property rights.

Partner receives a limited, non-exclusive, revocable right to use Booked Catering materials only as reasonably necessary to participate in the network and fulfill Booked Catering orders.

Partner may not:

• copy the Booked Catering platform;
• redistribute proprietary Partner materials;
• use Booked Catering branding to imply ownership or affiliation beyond the actual relationship;
• register confusingly similar trademarks or domains; or
• commercially exploit Booked Catering proprietary materials outside the partnership without permission.

Partner retains ownership of its own preexisting trademarks, logos, recipes, business materials, and intellectual property.

Partner grants Booked Catering permission to display Partner’s business name and logo in connection with operating and promoting the Booked Catering network.

Partner may receive nonpublic information concerning:

• customers;
• pricing;
• menus;
• platform operations;
• recipes;
• sourcing;
• business processes;
• prospective orders;
• performance standards; or
• other proprietary information.

Partner must use confidential information only for legitimate Booked Catering purposes and take reasonable measures to prevent unauthorized disclosure.

Confidentiality obligations do not apply to information that:

• is publicly available through no breach by Partner;
• was lawfully known to Partner before disclosure;
• is independently developed without use of confidential information; or
• must be disclosed by law.

Partner must protect personal information received through Booked Catering and use it only for legitimate fulfillment purposes.

Partner may not sell, improperly disclose, scrape, aggregate, or independently market to customer personal information obtained through the platform except as permitted by law and these Terms.

Partner must promptly notify Booked Catering if Partner becomes aware of unauthorized access to customer or Booked Catering data connected with a Booked order.

Partner is responsible for maintaining the confidentiality of login credentials associated with its account.

Partner must notify Booked Catering promptly if it suspects:

• unauthorized account access;
• stolen credentials;
• fraudulent order activity; or
• another security issue.

Partner is responsible for actions taken through its account by authorized personnel.

Partner agrees that Booked Catering may send operational communications relating to:

• applications;
• orders;
• revisions;
• deadlines;
• documents;
• payments;
• compliance;
• account security; and
• Partner status.

Communications may be delivered by email, platform notification, telephone, or other methods selected by Partner or reasonably necessary to operate the service.

SMS communications are subject to the notification preferences and consent provided by Partner.

Booked Catering may obtain ratings or feedback regarding Partner performance.

Feedback may be used to:

• evaluate Partner quality;
• determine Partner status;
• improve matching;
• resolve complaints;
• improve platform operations; or
• determine continued eligibility.

Booked Catering may remove feedback it reasonably determines to be fraudulent, abusive, irrelevant, or unreliable.

Partner may request to pause new catering opportunities.

Partner remains responsible for orders already accepted unless Booked Catering agrees otherwise.

Booked Catering may also temporarily pause new opportunities if:

• required documents expire;
• Partner requests a pause;
• Partner repeatedly fails to respond;
• operational concerns arise;
• Partner performance requires review; or
• Booked Catering reasonably believes a pause is necessary.

Either party may end the Partner relationship by providing notice.

Partner remains responsible for accepted orders scheduled before termination unless otherwise agreed.

Booked Catering may immediately suspend or terminate Partner for serious conduct including:

• fraud;
• food-safety risks;
• invalid licensing;
• material misrepresentation;
• repeated nonperformance;
• customer-safety concerns;
• misuse of customer information;
• harassment;
• intentional circumvention;
• illegal conduct; or
• other material breach of these Terms.

Where appropriate, Booked Catering may provide an opportunity to correct less serious issues before termination.

Partner represents that:

1. Partner has authority to enter into these Terms;
2. Partner is legally authorized to operate its food-service business;
3. information provided to Booked Catering is materially accurate;
4. Partner will comply with applicable laws;
5. Partner will fulfill accepted orders professionally and safely; and
6. Partner’s participation will not knowingly violate another agreement binding Partner.

To the extent permitted by law, Partner agrees to defend, indemnify, and hold harmless Booked Catering and its affiliates, officers, directors, employees, and agents from third-party claims, damages, liabilities, penalties, and reasonable legal expenses arising from or relating to:

• food prepared or supplied by Partner;
• Partner’s breach of these Terms;
• Partner’s negligence or willful misconduct;
• Partner’s violation of law;
• injury or property damage caused by Partner or Partner personnel;
• employment claims involving Partner personnel; or
• Partner’s unauthorized use of another party’s intellectual property.

Booked Catering will provide reasonable notice of covered claims and permit Partner to participate in the defense.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NEITHER PARTY WILL BE LIABLE TO THE OTHER FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES ARISING OUT OF THESE TERMS, EXCEPT TO THE EXTENT SUCH LIMITATION IS PROHIBITED BY LAW.

BOOKED CATERING DOES NOT GUARANTEE ANY PARTICULAR NUMBER OR VALUE OF ORDERS, CUSTOMER DEMAND, REVENUE, PROFIT, OR BUSINESS OUTCOME.

Nothing in these Terms excludes liability that cannot legally be limited or excluded.

Booked Catering will use commercially reasonable efforts to operate the platform but does not guarantee uninterrupted or error-free availability.

Temporary outages, maintenance, third-party failures, connectivity issues, or other technical events may occur.

Partners should contact Booked Catering promptly when a technical issue materially affects an active order.

Neither party will be considered in breach for a failure caused by events outside its reasonable control, including severe weather, natural disasters, government orders, widespread utility failures, major transportation disruptions, civil emergencies, or similar events.

The affected party must notify the other as soon as reasonably possible and take reasonable steps to reduce the impact.

Booked Catering may update these Terms from time to time.

Material changes will be communicated through the Partner platform, email, or another reasonable method before they become effective when required by law.

Continued participation after updated Terms become effective constitutes acceptance of the updated Terms, except where affirmative consent is legally required.

Governing Law

These Terms and the relationship between Booked Catering and Partner shall be governed by the laws of the State of California, without regard to conflict-of-law principles, except to the extent federal law governs a particular issue.

Agreement to Binding Arbitration

Except for matters expressly excluded below, any dispute, claim, or controversy arising out of or relating to these Terms, the Booked Catering platform, a catering opportunity, an accepted order, payments, Partner status, termination, customer relationships, non-circumvention, or the relationship between Partner and Booked Catering shall be resolved through final and binding arbitration rather than in court.

This arbitration agreement is intended to be interpreted broadly.

The Federal Arbitration Act shall govern the interpretation and enforcement of this arbitration provision to the extent applicable.

Informal Dispute Resolution First

Before initiating arbitration, the party asserting a dispute must provide the other party written notice describing:

• the nature of the dispute;
• the material facts;
• the relief requested; and
• contact information reasonably sufficient to permit discussion of the dispute.

The parties shall attempt in good faith to resolve the dispute informally for at least thirty (30) days following receipt of the notice.

Legal notices to Booked Catering shall be sent to:

legal@bookedcatering.com

Arbitration Administrator and Rules

If the dispute is not resolved informally, arbitration shall be administered by JAMS pursuant to its applicable Comprehensive Arbitration Rules and Procedures in effect when arbitration is commenced, except to the extent those rules conflict with these Terms or applicable law.

The arbitration shall be conducted before one neutral arbitrator.

Unless the parties agree otherwise in writing, the arbitration shall take place in Alameda County, California.

The arbitrator shall have authority to award any remedy that would otherwise be available to a party under applicable law, subject to lawful limitations contained in these Terms.

Individual Proceedings

To the fullest extent permitted by applicable law, arbitration shall take place only on an individual basis.

Partner and Booked Catering agree that disputes shall not be arbitrated or litigated as a:

• class action;
• collective action;
• consolidated action; or
• representative action,

except where applicable law prohibits enforcement of such a limitation.

The arbitrator may award relief only to the individual party seeking relief and only to the extent necessary to resolve that party’s individual claim.

Jury Trial Waiver

PARTNER AND BOOKED CATERING ACKNOWLEDGE THAT BY AGREEING TO BINDING ARBITRATION, EACH PARTY IS WAIVING THE RIGHT TO HAVE COVERED DISPUTES DECIDED BY A JUDGE OR JURY IN COURT.

Temporary and Injunctive Court Relief

Notwithstanding the arbitration requirement, either party may seek temporary, preliminary, or emergency injunctive relief from a court of competent jurisdiction when reasonably necessary to prevent immediate or irreparable harm pending arbitration.

This may include matters involving:

• misuse of confidential information;
• intellectual property;
• fraud;
• unauthorized platform access;
• misuse of customer information; or
• intentional circumvention of Booked Catering.

Seeking temporary or preliminary court relief does not waive the obligation to arbitrate the underlying dispute.

Arbitration Costs and Attorneys’ Fees

Unless applicable law or JAMS rules require otherwise, arbitration fees and expenses shall be allocated in accordance with the applicable JAMS rules.

Each party will ordinarily be responsible for its own attorneys’ fees and expenses unless:

• applicable law authorizes an award of attorneys’ fees;
• these Terms expressly authorize such an award; or
• the arbitrator determines another allocation is legally appropriate.

Arbitration Award

The arbitrator’s decision shall be final and binding.

Judgment upon the arbitration award may be entered in any court having jurisdiction.

Severability of Arbitration Provision

If any portion of this arbitration provision is determined to be invalid or unenforceable, the remaining portions shall remain effective to the fullest extent permitted by law.

If any provision of these Terms is found unenforceable, the remaining provisions remain in effect.

A party’s failure to enforce a provision does not waive that provision.

Partner may not assign these Terms without Booked Catering’s consent, except in connection with a permitted sale or transfer of substantially all of Partner’s business.

Booked Catering may assign these Terms in connection with a merger, acquisition, reorganization, financing, or sale of its business.

These Terms, together with accepted order details and any policies expressly incorporated into them, constitute the agreement governing Partner’s participation in the Booked Catering network.

Questions regarding these Terms may be sent to:

Email: partners@bookedcatering.com
Legal notices: legal@bookedcatering.com