1. Service Agreement. By requesting a smart market placement, you ("Location Partner") agree to provide MWY Group LLC ("MWY Group") with adequate space, electrical access, and reasonable access for restocking and maintenance. MWY Group retains full ownership of all equipment and inventory at all times.
2. No Cost to Location Partner. Installation, equipment, stocking, and ongoing service are provided at no charge to the Location Partner. MWY Group generates revenue through product sales and retains all proceeds from sales made through the smart market unit.
3. Liability Limitation. MWY Group maintains general liability insurance for its equipment and operations. The Location Partner is not responsible for losses due to theft, vandalism, or equipment malfunction except where caused by gross negligence or intentional misconduct by the Location Partner or its employees. MWY Group shall not be liable for any indirect, incidental, or consequential damages.
4. Termination. Either party may terminate the placement agreement with 90 days written notice. Upon termination, MWY Group will remove all equipment and inventory within a reasonable timeframe. No penalties or fees shall be due from the Location Partner upon good-faith termination.
5. Product & Food Safety. MWY Group is responsible for maintaining product freshness, proper storage temperatures, and compliance with applicable California food handling and labeling regulations. All products sold are shelf-stable and handled in accordance with health and safety standards. MWY Group shall promptly remove any expired or damaged products.
6. Indemnification. Each party agrees to indemnify and hold harmless the other from any claims, damages, or expenses (including reasonable attorney's fees) arising from its own negligence, willful misconduct, or breach of these terms. MWY Group indemnifies the Location Partner against claims related to product defects or equipment malfunction.
7. Governing Law. These terms shall be governed by and construed in accordance with the laws of the State of California. Any disputes arising from this agreement shall be resolved in the courts of San Mateo County, California.
8. Modifications. MWY Group reserves the right to update these terms with 30 days notice to active Location Partners. Continued participation in the program following notice constitutes acceptance of the updated terms. For questions, contact us at hello@mwygroup.com.