BUSINESS PARTNER, GETME, FOOD
THIS AGREEMENT is by and between Getme LLC, (DBA GETME FOOD), hereafter referred to as GMF (BUSINESS PARTNER Delivery Service) and Partner, hereafter referred to as (GETME) and GMF Partner hereafter referred to as BUSINESS PARTNER and located at:
Placed of signed up in account.
Commencing on or the day of signing up, GMF will promote and deliver food from BUSINESS PARTNER to neighborhood residences, hotels and businesses, between the hours the
BUSINESS PARTNER and GMF are open for business. Delivery service between GMF and BUSINESS PARTNER shall continue even after this agreement is fulfilled. BUSINESS PARTNER, GETME, GMF, agreement may be canceled or modified by mutual written agreement with 30-days notice. The term of this agreement is in support of BUSINESS PARTNER during construction period. This agreement will expire if construction is finished in front of BUSINESS PARTNER on or before June 30, 2025
BUSINESS PARTNER shall determine which items will be available for delivery and pricing of said items. Evidence of items and pricing structure shall be attached to, and become part of this agreement. BUSINESS PARTNER, to the best of their ability, will provide well packaged and labeled meals in a timely fashion.
DRIVERS will pick up food from BUSINESS PARTNER, deliver to customer, and will collect the menu price of the food, plus tax and delivery charge, by Credit Card or Cash.
GMF remit to BUSINESS PARTNER on TIME OF ORDER, 70% of the menu price of the food to be delivered. All sales to GMF will be treated as ‘taxable’. GMF will pay BUSINESS PARTNER the taxable amount for the orders. This makes it the responsibility for the appropriate sales tax to the proper city, county and state municipalities, based upon food delivery location. (Allows BUSINESS PARTNER to pay sales taxes)
GMF will, create, post, and promote the BUSINESS PARTNER’s menu online, social media, facebook & Instagram, engage drivers and hire dispatchers as necessary to deliver BUSINESS PARTNER’s food. GMF reserves the right to choose the paper, printer, fonts, type sizes and distribution method necessary to create and distribute menu guides, flyers, mailers, newsletters and posting to the internet.
GETME will, invoice BUSINESS PARTNER for payment bi-weekly and will forward payments on to BUSINESS PARTNER within 15 business days from payment posting to account. BUSINESS PARTNER will be provided statement of payment period with each payment made to them.
BUSINESS PARTNER may use GMF’s name, logo and telephone number in their advertising to promote the fact that their food is available for delivery in a limited area through GMF.
GMF shall have the right to use BUSINESS PARTNERs name and logo in GMF advertising, promoting the fact that BUSINESS PARTNERs food is available for delivery in a limited area through GMF.
Non-compete during the term of this agreement, BUSINESS PARTNER agrees not to engage another delivery service of this kind or to start their own deliveries.
Attorneys’ Fees: Should either party hereto, or any heir, personal representative, successor or assign of either party hereto, resort to legal proceedings in connection with this Agreement or BUSINESS PARTNERs relationship with the GMF or GETME, the party or parties prevailing in such legal proceedings shall be entitled, in addition to such other relief as may be granted, to recover its or their reasonable attorneys’ fees and costs in such legal proceedings from the non-prevailing party or parties.
Governing Law: This Agreement shall be governed by and construed in accordance with the laws of the State of FLORIDA and The Caribbean without regard to conflict of law principles.
Entire Agreement: This Agreement, contains the entire agreement and understanding between the parties hereto and supersedes any prior or contemporaneous written or oral agreements, representations and warranties between them respecting the subject matter hereof.
Amendment: This Agreement may be amended only by a writing signed by GMF, GETME, and by a duly authorized representative of the BUSINESS PARTNER.
Severability: If any term, provision, covenant or condition of this Agreement, or the application thereof to any person, place or circumstance, shall be held to be invalid, unenforceable or void, the remainder of this Agreement and such term, provision, covenant or condition as applied to other persons, places and circumstances shall remain in full force and effect.
Construction: The headings and captions of this Agreement are provided for convenience only and are intended to have no effect in construing or interpreting this Agreement. The language in all parts of this Agreement shall be in all cases construed according to its fair meaning and not strictly for or against either party.
Rights Cumulative: The rights and remedies provided by this Agreement are cumulative, and the exercise of any right or remedy by either party hereto (or by its successor), whether pursuant to this Agreement, to any other agreement, or to law, shall not preclude or waive its right to exercise any or all other rights and remedies.
Non-waiver: No failure or neglect of either party hereto in any instance to exercise any right, power or privilege hereunder or under law shall constitute a waiver of any other right, power or privilege or of the same right, power or privilege in any other instance. All waivers by either party hereto must be contained in a written instrument signed by the party to be charged and, in the case of the GMF, by an officer of the GMF or other person duly authorized by the GMF.
Remedy for Breach. The parties hereto agree that, in the event of breach or threatened breach of any covenants of BUSINESS PARTNER, the damage or imminent damage to the value and the goodwill of the GMF’s business shall be inestimable, and that therefore any remedy at law or in damages shall be inadequate. Accordingly, the parties hereto agree that the GMF shall be entitled to injunctive relief against BUSINESS PARTNER in the event of any breach or threatened breach of any of such provisions by BUSINESS PARTNER or GETME, in addition to any other relief (including damages) available to the GMF under this Agreement or under law.
Notices: Any notice, request, consent or approval required or permitted to be given under this Agreement or pursuant to law shall be sufficient if in writing, and if and when sent by certified or registered mail, with postage prepaid, to The BUSINESS PARTNER or GETME (as noted below), or to the GMF’s principal office, as the case may be.
Assistance: BUSINESS PARTNER shall, during and after termination of services rendered, upon reasonable notice, furnish such information and proper assistance to the GMF as may reasonably be required by the GMF in connection with work performed by Contractor; provided, however, that such assistance following termination shall be furnished at the same level of compensation.
Disputes: Any controversy, claim or dispute arising out of or relating to this Agreement or the relationship, either during the existence of the relationship or afterward GMF, between the parties hereto, their assignees, their affiliates, their attorneys, or agents, shall be litigated solely in state or federal court in Miami, Florida. Each party (1) submits to the jurisdiction of such court, (2) waives the defense of an inconvenient forum, (3) agrees that valid consent to service may be made by mailing or delivery of such service to the Secretary of State (the “Agent”) or to the party at the party’s last known address, if personal service delivery can not be easily effected, and (4) authorizes and directs the Agent to accept such service in the event that personal service delivery can not easily be effected. EACH PARTY, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, HEREBY IRREVOCABLY WAIVES ALL RIGHT TO TRIAL BY JURY AS TO ANY ISSUE RELATING HERETO IN ANY ACTION, PROCEEDING, OR COUNTERCLAIM ARISING OUT OF OR RELATING TO THIS AGREEMENT OR ANY OTHER MATTER INVOLVING THE PARTIES HERETO.