Chef Program: Terms, Conditions and Handbook—2018

So you’ve gone through the application process, uploaded your certifications, had your kitchen verified, been accepted into the program, and you’re finally a UGottaEat Chef. Congratulations, and WELCOME!

Purpose of Handbook:
This handbook is meant to be a brief orientation to the UGottaEat (UGE) brand and a helpful resource for you, our UGE Chef Program Members! It is also intended to outline the terms and conditions that you must satisfy as a condition to continuing your participation as a UGE Chef. 

History of UGE:
It all came from Tonya Kinlow, a corporate executive who had a passion for cooking and enjoying great food. It gave her a sense of comfort and feeling of wellbeing. She and her husband, certified Executive Chef Craig, envisioned owning and running a local restaurant that gave all of their customers the same feeling. The goal was to build a sense of community… small with local art and ingredients, serving comfort food with sustainability in mind, and zero waste as a target.

They wanted everyone to enjoy every aspect of the eating experience including the love and intimate social connection of sharing a meal. As they started planning that venture Tonya thought—“What if everyone could cook, share and have access to a homemade meal?” The moonshot was to take this brick and mortar concept and make it exponential allowing everyone to have access to comforting, homemade food. That is when UGottaEat was conceived.

UGE Mission:
UGottaEat is dedicated to connecting friends, families and their communities with home cooked meals, and meals made from scratch through local home cooks, chefs, and caterers.

UGE Higher Mission:
Support healthier living for families & communities, promote sustainability, and feed the world.

UGE Culture:
We want to share our love of eating and cooking with the community. Coming from all backgrounds, ages, and industries, we all share a common love of sharing and enjoying healthy, homemade, mindfully created meals. We make up a powerhouse of local home cooks & chefs that are eager to learn as a community, build their brands, and take their talents to a new level. We are creating a gathering place for learning, expressing culinary talents, and enjoying homemade, and fresh made meals.

What is UGE?
UGE is a mobile app platform (the “UGE APP”) that gives its Members access to homemade and fresh made food, appealing specifically to a Member’s eating style and made available either through a friends and family sharing community, or on-demand through people like You, our local cooks and chefs. It is for mindful-eaters who prefer healthy meals and are dissatisfied with the lack of variety, quality, convenience, and availability of homemade foods in their daily routines. UGE has 2 Membership levels: Sharing Members and You, the UGE Certified Chefs.  All Members will have access to the content You post and are able to submit orders for our UGE Chefs to fulfill on-demand

Membership Levels

Sharing Members (free)
The UGE APP lets members post their own meals to share for free with anyone.  This feature promotes making the abundance of food available to everyone conveniently, and promotes sustainability and overall wellness. Therefore, anyone can join and share free meals. No money is exchanged. These members also have access to the paid meals posted by Certified UGE Chefs.

Members invite their inner circle to join, forming a community of friends and family with which to share meals. The user can create a meal to share and a profile of the meal with a description, picture, time of availability, number of servings, and dine-in, pickup or delivery options (just like a chef, but it’s free!). Once posted, members see it in their feed. These users are NOT paid for meals. This is a sharing platform for those within a private network created by UGE members (friends, family, neighbors, etc.). Friends make a reservation to share meals—pick up, or dine-in. This base membership will also have access to purchase food from our UGE Chefs. That means, more customers! You can only sell meals if you are an approved UGE Chef.

UGE Certified Chef Members (paid)
The upgraded Chef membership is for food related businesses that desire an additional channel to sell their food, particularly to wellness minded customers. It is also for anyone serious about becoming a food entrepreneur without the burden of brick-and-mortar building costs. When You become a UGE Certified Chef (see Chefs General Information and Requirements below), You access the ability to sell Your food through the UGE APP marketplace.

UGE Provides Chefs:

  • Access to the UGE entire Membership Network.
  • Marketing and advertising (See Marketing Guide).
  • Seamless scheduling of meal orders and pick-up through the UGE APP.
  • Secure payment transactions using Braintree, a division of PayPal.
  • Management of account & orders.
  • Access to sales reports upon request.
  • Customer reviews, feedback, & communication.
  • Access to UGE Customer Service hotline.
  • UGE directory of business resources to support UGE Chefs.
  • Training/Networking Events & Opportunities.
  • Periodic Chef Showcase.

Chefs You Can:

  • Set prices & Earn income.
  • Promote Your unique cooking passion & style.
  • Work when You want.
  • Create Your own dishes & menus.
  • Bid to prepare requested unique specialty dishes. (Coming soon!)
  • Share meals with care and love. 

Revenue Structure:

  • No fee for initial 6-months to allow UGE Chefs to build customer base
  • $20/month fee minimum payable to UGE beginning after initial 6-month period, which is waived for any month during which Your gross monthly sales revenue (including the revenue allocated to UGE commission as described below, but excluding revenue allocated to handling and/or delivery charges) exceeds $200
  • UGE Chefs set the base prices for all meals they prepare, and the base price is marked up 20% for UGE commission. The final price to the customer as posted on the UGE APP reflects this 20% upcharge. (i.e. Chefs meal base price is $10, UGE upcharge $2 [20% of $10], price to customer is $12).
  • Chef has ability to separately add delivery fees that go directly to your business and are not subject to UGE Commission when you provide that service directly.
  • UGE Chef is responsible for payment of all sales tax imposed on any sale and for all income taxes owed on the revenue You generate from your participation as a UGE Chef.
  • You acknowledge that UGE does not guaranty that You will generate any revenue or sell any meals by virtue of your participation as a UGE Chef.

Delivery:
A Delivery option is available in the UGE APP for cooks and chefs that provide delivery. Recognizing delivery is a value added feature to consumers. However, UGE does not provide this service nor collect any associated delivery fees.

Initial Payment Processing Setup:
UGE uses Braintree, a PayPal division, for secure financial processing of transactions. Effectively, you become a UGE Sub-merchant in the Braintree System.

When you request to “Become A Chef” inside the UGE App, you will be asked for your credit card information that will be charged for cancellation penalties (see Penalties below) if you fail to fulfill a customer’s order. As part of your application process and as a condition to acceptance as a UGE Chef, you confirm that You provided UGE Your valid credit card information (Your “CC on File”) and authorization for UGE Braintree process to use the card for transaction penalties and chargebacks.  You will promptly provide UGE with an alternate credit card and related authorization to serve as your CC on File in the event of any changes. You will also provide/adhere to the following information to receive money from customer charges.

  • You must be domiciled in the US and receive funding in USD
  • Fill out form (see below for following requirements). The form is triggered by the potential chef hitting the button in the “My Accounts” tab (“Become A UGE Chef.”) Automated email from welcome@ugottaeat.com results with form link and instructions.
  • Merchant accounts need to be specifically approved by UGE to use Braintree Marketplace Within 1 – 2 business days, the chef will receive an approval email and be contacted by a UGE representative
  • First & Last Name
  • DOB
  • Business Name: This is only required if a Tax ID is provided instead of a SSN
  • SSN or Tax ID: We will distribute 1099-K tax formsto these sub-merchants come tax season.
  • Routing Number: This is required to disburse your funds to a bank account.
  • *Account Number: This is required to disburse your funds to a bank account.

*The account submitted must be a checking account. Savings, deposit-only, and prepaid debit accounts will not be accepted.

Typical Payment Processing Lifecycle

  1. Customer Places an Order
    1. 1st time orders have to input a CC, only CC work not debit cards.
    2. Braintree uses “Vaulting” this creates a payment method
  2. Order Placed
    1. Transaction created in UGE Master Account / BT Sub-Merchant Account –money is held in the Escrow Account (the account that holds all funds to be distributed)
    2. Payment has the AUTHORIZATION status
  3. Chef Hits “Fulfill” in their “I’m Fulfilling” Page
    1. The “Fulfill” button triggers the Escrow Account to pay You the Chef after you have fulfilled/provided the completed meal. The Chef will receive the Price that he posted the meal for and any delivery charges. UGE will get 20% of the chefs chosen base price.
    2. Typically, credit card payments will be deposited into Your bank account within 2–5 business days after the transaction has settled by CC Bank. This sometimes can bounce back if it is FRAUD / FAIL / DECLINED card.  The most common reasons for declines are:
      1. Incorrect credit card number or expiration date
      2. Insufficient funds
      3. The bank declined based on location
      4. The bank’s fraud rules blocked the transaction
    3. Status of transaction is SETTLED (once approved by bank). 
  4.  

Cancellation Policy:

Hours & Commitment:
Your commitment is up to You. You choose when You want to work.

Setting Your Prices:
You set the price, but utilize us at UGE if you need any help. TIP** set a fair price based on the cost of ingredients, labor, and feedback from your customers. Pricing will depend on your style and your menu! If you choose to do a-la-carte, family style, or even cater, and then your prices will certainly vary.  Remember, Your final price will be marked up 20% in the APP. You will see the final customer cost prior to posting

Termination Policy:
UGE has the right to terminate Your participation in the Chef Program at any time by providing written notice of termination to You in the event You breach, violate or fail to comply with any provision contained in these Terms and Conditions/Handbook; provided, at UGE’s discretion, UGE may permit You up to ten (10) days to cure any breach, violation or failure. Upon providing written notice of termination, Your [Chef Account] will be immediately terminated and at UGE option, UGE may take action to block You from becoming a Member on the UGE APP. You will be entitled to receive payment as provided herein for any orders delivered prior to the date of Termination.  From and after termination, UGE shall have no further obligation or liability to You.

No Disparagement:
UGE and Chef agree that neither will directly or indirectly, by action, statement or omission, disparage, reduce, diminish or impair the value, image or personal or professional reputation of the other party. Chef and UGE will ensure that its respective employees, agents and representatives comply with this obligation.  This obligation will survive termination of Your participation as a UGE Chef, whether such termination is voluntary or involuntary.

UNLESS EXPRESSLY SET FORTH IN THESE TERMS AND CONDITONS, UGE MAKES NO WARRANTY, EXPRESS OR IMPLIED, WITH RESPECT TO ANY MATTER, INCLUDING WITHOUT LIMITATION ADVERTISING AND OTHER SERVICES, AND EXPRESSLY DISCLAIMS THE IMPLIED WARRANTIES OR CONDITIONS OF NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR ANY PARTICULAR PURPOSE. UGE DOES NOT WARRANT THE RESULTS OF USE OF ANY OF THE PRODUCTS AND SERVICES, AND CHEF/MEMBER ASSUMES ALL RISK AND RESPONSIBILITY WITH RESPECT THERETO.

UGE retains the right to amend these Terms and Conditions at any time with or without prior notice to You.

Chefs General Information and Requirements:

As a UGE Certified Chef, You are required to:

  • Have Liability Insurance,
  • Be certified in food safety training,
  • Use a certified, compliant commercial kitchen,
  • Comply with all applicable laws,
  • Commit to preparing and providing fresh made food that is consistent with the posted images, description and commitment to upholding the UGE brand & mission,
  • Hold UGE harmless for any claims arising from Your participation as a UGE Chef and provision of food products to Members.

1. Liability Insurance:
As part of your application process and as a condition to acceptance and continued participation as a UGE Chef, You confirm that You provided UGE with true and correct documentation that You obtained and have in place insurance coverage that complies with the requirements of this paragraph (“Required Coverage”).  During the time You are participating as a UGE Chef, and at Your cost, You will maintain an occurrence-based commercial general liability insurance policy that provides coverage for bodily injury, property damage, personal injury, advertising injury, contractual liability, and products/completed operations with limits of liability of not less than $1million ($1,000,000) per occurrence/claim, $2 million ($2,000,000) in aggregate annually, and written by an insurer that has a Best rating of “A” or better. Your insurance policy must also (a) be endorsed to name UGE (and UGE’s subsidiaries, affiliates, directors, officers, employees, agents, representatives, successors and assigns) as additional insured; (b) be primary and noncontributory with respect to any liability policy maintained by UGE; (c) contain a waiver of subrogation rights in favor of UGE and UGE’s insurers; and (d) require the insurer to provide UGE with 30 days prior notice of any termination, expiration or change in coverage.  You will provide UGE with a certificate of insurance which evidences Your compliance with these requirements as a condition to being accepted as a UGE Chef and anytime thereafter upon request from UGE.  Your compliance with or failure to comply with these insurance requirements will not release or limit You from any liability to or from fully indemnifying UGE as provided in these Terms and Conditions.

2. Food Safety Training Certification:
As part of your application process and as a condition to acceptance and continued participation as a UGE Chef, you confirm that You provided UGE with true and correct documentation that You are certified in food safety training (Your “FST Certification”) During the time You are participating as a UGE Chef, and at Your cost, You will maintain your FST Certification and will provide UGE with documentation evidencing Your FST Certification upon request from UGE. 

3. Certified Kitchen:
It is generally unlawful to cook and sell food out of a home residence except for cottage laws for specific types of foods (variable by State). Based on the type of food you are cooking/baking/selling, to continue participation as a UGE Chef You MUST operate out of a certified commercial or compliant kitchen. As part of your application process and as a condition to acceptance and continued participation as a UGE Chef, you confirm that You provided UGE true and correct documentation on the address and certification/compliance of the kitchen from which You intend to operate for purposes of preparing and fulfilling any orders you receive through the UGE APP (Your “Designated Kitchen”). You agree that you will promptly notify UGE of any change to Your Designated Kitchen (change of address or certification status) and upon request from UGE, promptly provide UGE with true and accurate certification documentation for Your Designated Kitchen.

4. Legal Compliance.
You agree that in connection with your participation as a UGE Chef and in preparation and fulfillment of all orders received by You through the UGE APP, you will and will ensure that You, Your employees and agents and your Designated Kitchen strictly comply with all applicable Federal, state and local laws, ordinances, rules and regulations (including without limitation all applicable USDA and FDA laws, rules and regulations, local zoning codes, state and local license and certification requirements). You understand that applicable laws, rules and regulations vary from state to state and You are responsible for educating Yourself and Your employees about the requirements and obligations imposed by such laws, rules and regulations. Food products prepared or provided by You through the UGE APP shall not be adulterated or misbranded within the meaning of the Federal Food, Drug and Cosmetic Act. You will obtain and at Your cost maintain any licenses or clearances required for You to engage in business as a UGE Chef, and will comply with all inspection and other related requirements. You will and will ensure that your Designated Kitchen complies with “best practices” standards related to food preparation, storage, delivery and sale. To the extent You have employees or agents assisting You, You are responsible for payment of any wages to such individuals, and You will set working hours, conditions, wages and overtime pay that are in compliance with the laws of the state in which You operate. UGE and its representatives may upon reasonable notice at a time mutually agreed upon by the parties, inspect Your Designated Kitchen.

5. As Represented.
You agree that in connection with your participation as a UGE Chef and in preparation and fulfillment of all orders received by You through the UGE APP, You will prepare and provide fresh made food that is consistent with the [images You post/description You provide/request You accept].  Every food product should have labels and a complete disclosure of the ingredients and otherwise comply with applicable label laws.  

6. Responsibility for Your Food Products.
You understand You will be fully responsible for any claims, allegations or complaints lodged by any third party related to or arising from any products You provide or agree to provide, and this includes, without limitation, claims by any Member or any third party ordering and/or consuming your food product. You further agree to indemnify and hold UGE (and its members, officers, employees and agents) harmless from and against any and all claims, charges, demands, damages, liabilities, losses, expenses, and liabilities of whatever kind, nature, and character, and howsoever arising (including, but not limited to, any legal or other professional fees and the costs of defending or prosecuting any claim, including the recovery of our attorneys’ fees, any loss of profit, goodwill, and any other loss), incurred or suffered by us – directly or indirectly –  by reason of (A) any act or omission which you commit in the course of Your participation as a UGE Chef and/or (B)  breach, violation or failure to perform any of these Terms and Conditions.

UGottaEat Chef Resources:
To ensure that you have completed all of the requirements to be a UGE Certified Chef, please review our resources page before signing this handbook. http://ugottaeat.com/chefs-resources/ UGE takes reasonable efforts to keep the information and links included on the resources page reflective of the most current, up-to-date information and issues relevant to UGE Chefs, provided, You understand this information is provided by UGE strictly as a resource for our UGE Chefs, UGE does not endorse any organization or provider referenced in any resource material, UGE has no liability for any inaccurate, incomplete or outdated resource information, and You are responsible for confirming that all information contained in the resource material is accurate, complete and current.

Privacy Policy

  1. General information When you use our store services, you trust us with your information. This Privacy Policy is meant to help you understand what data we collect, why we collect it, and what we do with it. When you share information with us, we can make our services even better for you. For instance, we can show you more relevant search results and ads, help you connect with people or to make sharing with others quicker and easier. As you use our services, we want you to be clear how we’re using information and the ways in which you can protect your privacy. This is important; we hope you will take time to read it carefully. Remember, you can find controls to manage your information and protect your privacy and security. We’ve tried to keep it as simple as possible.
  2. Right to access, correct and delete data and to object to data processing Our customers have the right to access, correct and delete personal data relating to them, and to object to the processing of such data, by addressing a written request, at any time. The Company makes every effort to put in place suitable precautions to safeguard the security and privacy of personal data, and to prevent it from being altered, corrupted, destroyed or accessed by unauthorized third parties. However, the Company does not control each and every risk related to the use of the Internet, and therefore warns the Site users of the potential risks involved in the functioning and use of the Internet. The Site may include links to other web sites or other Internet sources. As the Company cannot control these web sites and external sources, the Company cannot be held responsible for the provision or display of these web sites and external sources, and may not be held liable for the content, advertising, products, services or any other material available on or from these web sites or external sources.
  3. Management of personal data You can view or edit your personal data online for many of our services. You can also make choices about our collection and use of your data. How you can access or control your personal data will depend on which services you use. You can choose whether you wish to receive promotional communications from our store by email, SMS, physical mail, and telephone. If you receive promotional email or SMS messages from us and would like to opt out, you can do so by following the directions in that message. You can also make choices about the receipt of promotional email, telephone calls, and postal mail by visiting and signing into Company Promotional Communications Manager, which allows you to update contact information, manage contact preferences, opt out of email subscriptions, and choose whether to share your contact information with our partners. These choices do not apply to mandatory service communications that are part of certain store services 
  4. Information we collect Our store collects data to operate effectively and provide you the best experiences with our services. You provide some of this data directly, such as when you create a personal account. We get some of it by recording how you interact with our services by, for example, using technologies like cookies, and receiving error reports or usage data from software running on your device. We also obtain data from third parties (including other companies). For example, we supplement the data we collect by purchasing demographic data from other companies. We also use services from other companies to help us determine a location based on your IP address in order to customize certain services to your location. The data we collect depends on the services and features you use.
  5. How we use your information Our store uses the data we collect for three basic purposes: to operate our business and provide (including improving and personalizing) the services we offer, to send communications, including promotional communications, and to display advertising. In carrying out these purposes, we combine data we collect through the various store services you use to give you a more seamless, consistent and personalized experience. However, to enhance privacy, we have built in technological and procedural safeguards designed to prevent certain data combinations. For example, we store data we collect from you when you are unauthenticated (not signed in) separately from any account information that directly identifies you, such as your name, email address or phone number.
  6. Sharing your information We share your personal data with your consent or as necessary to complete any transaction or provide any service you have requested or authorized. For example, we share your content with third parties when you tell us to do so. When you provide payment data to make a purchase, we will share payment data with banks and other entities that process payment transactions or provide other financial services, and for fraud prevention and credit risk reduction. In addition, we share personal data among our controlled affiliates and subsidiaries. We also share personal data with vendors or agents working on our behalf for the purposes described in this statement. For example, companies we’ve hired to provide customer service support or assist in protecting and securing our systems and services may need access to personal data in order to provide those functions. In such cases, these companies must abide by our data privacy and security requirements and are not allowed to use personal data they receive from us for any other purpose. We may also disclose personal data as part of a corporate transaction such as a merger or sale of assets.

Commitments to the Chef’s Program:

UGottaEat (UGE) is committed to fostering a casual, accepting atmosphere & community that promotes equal employment opportunities and prohibits discriminatory practices, including harassment. UGE expects that relationships among persons (clients, other members, UGE core leadership team) will likewise be business-like and free from unlawful bias, prejudice and harassment. You are expected to be conscientious, reliable, and honest; to uphold the mission and guidelines in accordance with UGE standards; to be courteous and cooperative with the UGE community, management, customers and other members; and to ensure the integrity and ethical standards of UGE. You will not engage in activities that interfere with the performance of the operating procedures of UGE or those of our partners, app-users, suppliers, and other affiliate parties.

My signature below confirms that I have read, understand, and agree to abide by everything in these Terms, Conditions and Handbook. It also validates that I have read and agree to follow and abide by all Terms & Conditions listed on the UGottaEat website: https://ugottaeat.com/terms-conditions/