🥡 Pickup Model Agreement

1. Model Overview

Under the Pickup Model, the customer places the order on the Big Asere platform and picks it up at the restaurant. No delivery and no driver are involved. No delivery fee is charged to the customer.

2. Commission & Fees

• Commission on the order: Big Asere charges a commission on the base food subtotal for providing ordering and payment technology — 12% by default, up to a maximum of 18% (set by agreement). No delivery fee applies for pickup orders.
• Markup & combined cap: An optional menu markup may be added and is disclosed to the customer before checkout (no hidden fees). Commission plus markup combined may not exceed 25%.
• Tips: Any optional tip is directed per the restaurant's staff tipping policy; Big Asere takes no cut of tips.

3. Responsibilities & Handoff

• Restaurant: Responsible for food quality, food safety, allergen accuracy, order accuracy, and safe handoff to the customer at pickup.
• Liability transfer: Big Asere's responsibility ENDS once the customer collects the order at the restaurant.

4. Indemnification

The Restaurant indemnifies and holds harmless Abraham Oviedo Services, LLC from any claims arising from food quality, food safety, order accuracy, or any event occurring during or after pickup.

5. Limitation of Liability

Big Asere's total cumulative liability shall not exceed the total commission paid in the 3 months preceding the claim. No liability for indirect, incidental, or consequential damages.

6. Required Documents

• Valid business license and food service permit
• Current health department inspection certificate
• W-9 and banking details for payouts

7. Force Majeure & Termination

Neither party is liable for failure to perform due to events beyond reasonable control. Either party may terminate with 30 days' written notice; Big Asere may suspend immediately for breach, fraud, or food-safety violations.

8. Parties, Relationship, Insurance, Food Safety & Data

• Parties & definitions: This Agreement is between Abraham Oviedo Services, LLC DBA Big Asere ("Big Asere," "Company") and the restaurant or food business that accepts it ("Restaurant," "Partner").
• Independent businesses: The parties are independent contractors. Nothing in this Agreement creates a partnership, joint venture, employment, franchise, or agency relationship. Neither party may bind the other. The Restaurant's staff and drivers are NOT employees or agents of Big Asere.
• Insurance & licensing: The Restaurant must maintain all required licenses and permits (business license, health/food-service permit, food-handler certification) and adequate general and product liability insurance. Expired or revoked documents result in AUTOMATIC suspension until cured.
• Food safety, allergens & packaging: The Restaurant is solely responsible for food safety, temperature control, allergen and nutritional accuracy, and food-borne illness. The Restaurant must package orders securely for transport. Big Asere is NOT responsible for food preparation, allergens, or illness.
• Data protection (NDPA 2025): Each party complies with the Nebraska Data Privacy Act (Neb. Rev. Stat. § 87-97 et seq.). Customer personal data shared for fulfillment may be used ONLY to complete the Order.
• Disclaimer of warranties: The Platform is provided "AS IS" and "AS AVAILABLE" without warranties of any kind beyond those that cannot be excluded by law.

9. Intellectual Property, Confidentiality & General Provisions

• Prohibited items / No alcohol: The Restaurant will NOT offer through Big Asere any alcohol, tobacco, vaping products, cannabis, or age-restricted goods. The Restaurant is responsible for excluding such items from the menu/catalog made available through Big Asere. If an order is found to contain prohibited items, Big Asere may cancel it without liability. Repeated violations are grounds for termination of this Agreement.
• Intellectual property & brand license: Big Asere owns the "Big Asere" name, logo, Platform and content. The Restaurant grants Big Asere a non-exclusive, royalty-free license to use its name, logo, photos and menu; this license ends on termination.
• Confidentiality: Commission rates, markups and other negotiated terms are confidential except as required by law.
• Term & renewal: Begins on acceptance and renews automatically month-to-month until terminated.
• Modifications & notice: Big Asere may modify this Agreement or rates with at least 7 days' written notice; continued use is acceptance.
• Binding arbitration; class-action & jury-trial waiver: Disputes are resolved by binding individual arbitration (AAA) in Nebraska. The parties WAIVE any right to a jury trial and to any class or representative action.
• Statute of limitations: Any claim must be filed within ONE (1) YEAR after it arises, or it is permanently barred.
• Assignment: The Restaurant may not assign without consent; Big Asere may assign to a successor or affiliate.
• Severability: If any provision is unenforceable, the rest remains in force.
• Entire agreement: This Agreement and referenced policies are the entire agreement and supersede prior understandings.
• Notices: Notices are given by email to support@bigasere.com and to the Restaurant's email on file.
• Waiver: A failure to enforce a provision is not a waiver.
• Survival: Indemnification, limitation of liability, confidentiality, arbitration and payment obligations survive termination.
• No third-party beneficiaries: This Agreement benefits only the parties.
• Electronic signature & acceptance: Accepting on the Platform constitutes a binding electronic signature under the E-SIGN Act and Nebraska's UETA.

10. Governing Law

Governed by the laws of the State of Nebraska. Disputes follow our Dispute Resolution Policy, with venue in Lincoln County, Nebraska.