Cook Agreement

This Cook Agreement (the "Agreement") is entered into between OpenKitchen.Food ("OpenKitchen") and the individual or business listing a kitchen on the Platform (the "Cook" or "Vendor"). By creating a Cook profile, publishing menu items, catering packages, or specials, or accepting an order or booking, you agree to be bound by this Agreement and by all policies incorporated by reference, including the Terms of Service, Acceptable Use Policy, and Disclaimer & Hold Harmless.

1. Applicability — All Vendor Types

This Agreement applies to every independent food business listed on the Platform, including but not limited to home cooks, food trucks, street vendors, private chefs, and caterers. Wherever this Agreement uses the word "Cook" it also means every other vendor type. Each vendor is independently responsible for the licenses, permits, insurance, and regulatory compliance that apply to its specific operating model.

1A. Independent Operator

You are an independent contractor. Nothing in this Agreement creates an employment, franchise, agency, partnership, or joint-venture relationship between you and OpenKitchen. OpenKitchen does not control your menu, prices, hours, sourcing, preparation, packaging, delivery, staffing, or any other aspect of your business.

2. Directory Nature of the Platform

OpenKitchen is a directory and technology platform. OpenKitchen is not your employer, franchisor, or business partner. OpenKitchen does not certify, endorse, or warrant your operations, licensing, or compliance status, and does not represent to Customers that you are certified, licensed, or inspected by OpenKitchen.

3. Licensing, Permits, and Insurance

You are solely responsible for obtaining and maintaining all licenses, permits, registrations, food-handler certifications, cottage-food certifications, business licenses, sales-tax registrations, and insurance (including general liability and product liability insurance) required by federal, state, and local law. You represent and warrant that you are, and will remain, in full compliance with all such requirements throughout the term of this Agreement.

Vendor-type-specific examples (non-exhaustive):

• Home cooks — cottage-food operator registration or micro-enterprise home-kitchen operation (MEHKO) permit, food-handler card, and any labeling required by your state's cottage-food law.
• Food trucks — mobile food facility permit, commissary agreement, vehicle inspection, propane / fire-safety compliance, and municipal parking / vending permits for each location you operate at.
• Street vendors — sidewalk vending permit, health-department mobile food vendor permit, and any zoning permission required by the jurisdiction you operate in.
• Private chefs — food-handler / manager certification and, where required, catering or personal-chef licensure; insurance covering off-premise service in client homes.
• Caterers — catering permit, commissary or approved kitchen registration, and event-specific temporary food permits where required.

4. Food Safety and Allergen Disclosure

You are solely responsible for the safety of the food you prepare and sell, including proper sourcing, storage, preparation, temperature control, packaging, labeling, and allergen disclosure. On request, you must promptly and accurately disclose ingredients and known allergens to Customers. You must not sell any item that is unlawful to sell in your jurisdiction (including, in cottage-food jurisdictions, items outside the permitted category).

4A. Cook Certification

Cook represents and warrants that all information provided to OpenKitchen — including identity, business status, licensing, permits, insurance, menu items, ingredients, allergen information, and jurisdictional eligibility — is true, accurate, and complete, and that Cook is legally authorized to prepare and sell every item listed on the Platform in each jurisdiction where orders are accepted. Cook will promptly update OpenKitchen if any such information changes. Misrepresentation is a material breach of this Agreement.

Annual recertification. At least once every twelve (12) months, and promptly upon any material change, Cook shall complete an in-platform certification affirming that (i) Cook remains legally authorized to sell food, (ii) all required licenses, permits, insurance, and tax registrations are current, and (iii) all menu, ingredient, and allergen information is accurate and Cook complies with all applicable federal, state, county, and local food laws. OpenKitchen records the timestamp, IP address, and user agent of each certification. Failure to complete a required certification may result in suspension or removal of Cook's listings.

5. Content, Photos, and Menus

You represent that all content you upload — including menu items, catering packages, specials, photos, and descriptions — is accurate, non-misleading, and either owned by you or used with permission. You grant OpenKitchen a worldwide, royalty-free, non-exclusive license to host, display, reproduce, and distribute your content on the Platform and in OpenKitchen marketing (including social media and search-engine listings) for the purpose of operating and promoting the Platform.

6. Fees and Payments

OpenKitchen charges a platform service fee of seven percent (7%) on food orders and five percent (5%) on catering bookings, baked into the price you set (buyers never see a separate fee). Stripe processing fees are separate. You are solely responsible for collecting and remitting all applicable sales and use taxes and for reporting all income to the relevant tax authorities. OpenKitchen may issue tax information forms (such as 1099-K) as required by law.

7. Order Fulfillment

You must honor accepted orders and catering bookings. If you cannot fulfill an order, you must notify the Customer promptly and, where applicable, initiate a refund. Repeated cancellations, no-shows, or complaints may result in suspension or termination of your account.

8. Customer Complaints and Refunds

The Cook remains solely responsible for resolving Customer complaints and refund requests. OpenKitchen may facilitate communication between Cook and Customer or, where permitted by the payment processor and platform policies, assist in administering refunds on the Cook's behalf. Any refund issued does not make OpenKitchen the seller of the food or a party to the underlying transaction, and does not shift responsibility for the Cook's products or services to OpenKitchen.

9. Verified Badge

The Verified badge is an optional paid subscription indicating that OpenKitchen has performed a basic identity check. It is not a certification of food safety, licensing, permit status, or insurance, and does not shift responsibility for any of those obligations to OpenKitchen.

10. Indemnification and Insurance

You agree to defend, indemnify, and hold harmless OpenKitchen and its affiliates, officers, directors, employees, contractors, agents, and licensors from and against any and all claims, damages, losses, liabilities, illnesses, injuries, foodborne illness, allergic reactions, personal injury, wrongful death, property damage, costs, and expenses (including reasonable attorneys' fees) arising out of or related to your food, service, licensing, tax, employment, or other business obligations, or your breach of this Agreement. You are strongly encouraged to maintain general liability and product-liability insurance adequate to cover the risks of your business.

OpenKitchen may, in its sole discretion, require Cook to obtain and maintain minimum general-liability and product-liability insurance as a condition of continued listing, including without limitation for personal chefs, caterers, and Cooks whose sales volume exceeds thresholds set by OpenKitchen from time to time. Cook shall provide certificates of insurance on request.

11. Term and Termination

This Agreement continues until terminated by either party. OpenKitchen may suspend or terminate your account at any time, with or without cause. Sections 3, 4, 8, 10, and any other provision that by its nature should survive shall survive termination.

12. Governing Law and Dispute Resolution

This Agreement is governed by the laws of the State of [State], U.S.A. Disputes are subject to the binding arbitration and class-action-waiver provisions set forth in the Terms of Service.

13. Merchant of Record; Independent Presentation

The Cook is the seller and merchant of record for all food and services offered through the Platform. Receipts, order confirmations, and Cook profile pages identify the Cook as the seller. OpenKitchen does not prepare, sell, package, or deliver food and does not take title to any item at any point. Cook agrees not to represent OpenKitchen as the preparer, seller, or guarantor of Cook's food or services in any marketing, packaging, or customer communication.

14. Listing Suspension and Removal

OpenKitchen reserves the right, in its sole discretion and without prior notice, to immediately suspend, restrict, or remove any listing, menu item, catering package, or Cook profile that OpenKitchen believes may be unlawful, unsafe, fraudulent, misleading, or in violation of this Agreement or any OpenKitchen policy — including listings associated with expired licenses, permits, or insurance, repeated customer complaints, misrepresentation, or violation of platform rules. Nothing in this Agreement creates a duty for OpenKitchen to pre-screen, monitor, verify, or inspect Cook content or operations, and OpenKitchen's exercise (or non-exercise) of this right does not make OpenKitchen a party to the underlying transaction or the seller of any food.

15. Government and Regulatory Cooperation

OpenKitchen may cooperate with law enforcement, health departments, regulatory agencies, tax authorities, and with court orders, subpoenas, warrants, or other legal process where legally required or where OpenKitchen in good faith believes cooperation is appropriate. OpenKitchen may disclose Cook account information, transaction records, communications, and related data in response to such requests, consistent with the Privacy Policy and applicable law.

16. Records Retention

OpenKitchen may retain Cook account information, certifications, transaction records, receipts, payout records, and related communications for as long as reasonably necessary to operate the Platform, comply with legal, tax, accounting, and regulatory obligations, resolve disputes, and enforce agreements.

17. Intellectual Property Complaints

Cook must not upload photos, logos, menu descriptions, trademarks, or other content that infringes another party's intellectual property rights. Rights owners may submit takedown requests under the Copyright & IP Policy. Repeat infringers will be removed from the Platform.