Terms of Service & Liability Waiver

Effective July 6, 2026 · Applies to the LocalFresh website (localfresh.org) and the LocalFresh iOS app

Welcome to LocalFresh. These Terms of Service, including the Buyer Liability Waiver in Section 5 and the Vendor Agreement in Section 8 (together, the "Terms"), are a binding contract between you and LocalFresh ("LocalFresh," "we," "us"). By creating an account, browsing, buying, or selling through our website or iOS app (the "Platform"), you agree to these Terms and to our Privacy Policy. If you do not agree, do not use the Platform.

1. LocalFresh is a marketplace — not a food producer or seller

LocalFresh is an interactive computer service that provides an online marketplace platform connecting independent local food producers ("Vendors") with buyers ("Buyers"). Every listing on the Platform is created and offered by an independent Vendor, and every sale is a contract directly between that Vendor and the Buyer. LocalFresh is not a party to that contract.

LocalFresh does not grow, harvest, produce, prepare, cook, bake, package, label, store, transport, deliver, inspect, or take possession of any food sold through the Platform, and does not verify, endorse, or guarantee any Vendor's licensure, registration, food-safety practices, labeling, or compliance with law. Content that Vendors publish through the Platform — listings, photos, descriptions, and messages — is third-party content provided by the Vendor, not by LocalFresh.

2. Eligibility and accounts

• You must be at least 18 years old to create an account.
• You are responsible for your account credentials and for all activity on your account. Tell us immediately at localfreshorg@gmail.com if you suspect unauthorized use.
• You must provide accurate information and keep it current. We may suspend or terminate accounts that provide false information or violate these Terms.

3. Homemade and uninspected food disclosure

Many Vendors are small-scale producers operating under Utah's cottage food rules and the Utah Home Consumption and Homemade Food Act. Food you buy on LocalFresh may have been processed and prepared in a home kitchen that is not licensed, regulated, or inspected by state or local health authorities, and is not for resale. Products such as raw honey, unpasteurized juice or cider, fresh eggs, and fresh produce carry additional inherent risks. Product pages display a disclosure when a listing is home-produced, and Vendors are required to label their products as required by law — but it is your responsibility to read labels, ask the Vendor questions, and make your own informed decisions.

4. Allergens

Foods sold on the Platform may contain or come into contact with common allergens including milk, eggs, wheat, soy, peanuts, tree nuts, fish, and shellfish — even when not listed. Allergen information shown on the Platform is provided by Vendors and is not verified by LocalFresh. If you have a food allergy or sensitivity, confirm ingredients directly with the Vendor before consuming anything purchased through the Platform.

5. Buyer liability waiver and assumption of risk

Read this section carefully — it limits your legal rights. By checking the box "I have read and agree to the Terms of Service and Liability Waiver" when you create an account or check out, you expressly acknowledge and agree that:

• Consuming fresh, raw, unpasteurized, or homemade food carries inherent risks, including foodborne illness (such as salmonella, E. coli, and listeria), allergic reactions, and other injury;
• You voluntarily and knowingly assume all risks arising from purchasing, handling, and consuming food bought through the Platform;
• The Vendor — not LocalFresh — is solely responsible for the safety, quality, labeling, and legality of the food it sells;
• To the fullest extent permitted by law, you release LocalFresh and its founders, employees, and agents from any and all claims, demands, damages, and causes of action arising out of or relating to food purchased through the Platform, including claims based on negligence, product liability, or breach of warranty; and
• Where a claim cannot legally be released, LocalFresh's total liability is limited as described in Section 12.

6. Ordering, payments, fees, taxes, and refunds

• Prices are set by Vendors. All purchases are paid online at checkout, processed by Stripe; LocalFresh does not store your card details.
• A service fee of 3% of the pre-tax order total plus $0.30 is added at checkout and paid by the Buyer. It covers payment processing and is shown as its own line item before you pay.
• Applicable sales tax is calculated at checkout and paid by the Buyer. LocalFresh collects and remits sales tax as the marketplace facilitator.
• LocalFresh charges Vendors a platform fee of 9% of the pre-tax order total on each purchase. This fee is deducted from the Vendor's payout, not added to the Buyer's price.
• Buyers may cancel a pending order (before the Vendor accepts) for a full automatic refund, including the service fee. After acceptance, changes and refunds are between you and the Vendor — use in-app messaging. If a Vendor cancels a paid order, the Buyer is refunded in full automatically.
• If an item sells out between payment and order placement, the payment is refunded in full automatically.

7. Pickup, delivery, and food handling

Fulfillment windows, pickup locations, and delivery areas are set by Vendors. Once food is handed to you (or delivered), safe handling — refrigeration, cooking, and storage — is your responsibility. If something is wrong with an order, contact the Vendor through in-app messaging first; contact us at localfreshorg@gmail.com if you cannot resolve it.

8. Vendor Agreement

If you create a storefront or sell through the Platform, the following additional terms apply to you as a Vendor, and you accept them when you check the agreement box during storefront creation:

• Compliance. You are solely responsible for complying with all laws that apply to your products and operations, including Utah's cottage food registration requirements, the Utah Home Consumption and Homemade Food Act, licensing, permits, labeling (including the required disclosure that homemade food was produced in a kitchen not subject to government inspection and is not for resale), allergen disclosures, and food-safety and health codes. You will not list products that are unlawful for you to sell.
• Accurate listings. Your listings, categories, regulatory attestations, allergen tags, and photos must be truthful, current, and not misleading.
• Indemnification. You agree to defend, indemnify, and hold harmless LocalFresh and its founders, employees, and agents from and against any and all claims, lawsuits, demands, losses, damages, judgments, fines, penalties, and expenses (including reasonable attorneys' fees and costs) arising out of or relating to: (a) the food and other products you sell, including any illness, allergic reaction, injury, or death allegedly caused by them; (b) your violation of any law, health code, or regulation; (c) your breach of these Terms; or (d) your negligence or willful misconduct. If LocalFresh is sued or fined because of your products or conduct, you are legally required to pay LocalFresh's legal fees and any damages or settlement amounts.
• Payouts. Online payments are processed through Stripe Connect. Your payout equals your product prices plus any delivery fee, minus LocalFresh's 9% platform fee. You must complete Stripe's identity and bank verification to receive payouts, and you agree to the Stripe Connected Account Agreement.
• Refund reversals. When a paid order is refunded to the Buyer under Section 6, the corresponding transfer to you is reversed.
• Insurance. We strongly recommend Vendors carry product liability insurance appropriate to their operation.
• Removal. We may remove listings or suspend storefronts at any time, including for suspected safety issues, legal risk, or Terms violations.

9. Acceptable use

You may not use the Platform to break the law, harass others, post false or misleading content, scrape or copy the service, interfere with its operation, or list prohibited items (including alcohol, cannabis, meat or dairy products requiring inspection that you are not licensed to sell, and any recalled food). Reviews must reflect genuine experiences.

10. Content

You keep ownership of the content you post (photos, listings, reviews, messages) and grant LocalFresh a non-exclusive, worldwide, royalty-free license to host, display, and distribute it for operating and promoting the Platform. You are responsible for your content; we may remove content that violates these Terms.

11. Disclaimer of warranties

THE PLATFORM IS PROVIDED "AS IS" AND "AS AVAILABLE." TO THE FULLEST EXTENT PERMITTED BY LAW, LOCALFRESH DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, AND ANY WARRANTY ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. LOCALFRESH MAKES NO WARRANTY ABOUT ANY FOOD OR OTHER PRODUCT SOLD BY VENDORS, OR THAT THE PLATFORM WILL BE UNINTERRUPTED OR ERROR-FREE.

12. Limitation of liability

TO THE FULLEST EXTENT PERMITTED BY LAW: (A) LOCALFRESH WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, DATA, OR GOODWILL; AND (B) LOCALFRESH'S TOTAL LIABILITY FOR ANY CLAIM ARISING OUT OF OR RELATING TO THE PLATFORM OR THESE TERMS WILL NOT EXCEED THE GREATER OF $100 OR THE PLATFORM FEES LOCALFRESH RECEIVED FROM THE TRANSACTIONS GIVING RISE TO THE CLAIM IN THE 12 MONTHS BEFORE THE CLAIM AROSE. Some jurisdictions do not allow certain limitations, so parts of this section may not apply to you.

13. Dispute resolution — binding arbitration and class waiver

Any dispute arising out of or relating to these Terms or the Platform that cannot be resolved informally will be resolved by binding individual arbitration administered by the American Arbitration Association under its Consumer Arbitration Rules, held in Utah County, Utah (or by phone/video). YOU AND LOCALFRESH EACH WAIVE THE RIGHT TO A JURY TRIAL AND TO PARTICIPATE IN A CLASS ACTION. Either party may instead bring an individual claim in small claims court. You may opt out of arbitration by emailing localfreshorg@gmail.com within 30 days of first accepting these Terms. This section does not apply to disputes between Buyers and Vendors, to which LocalFresh is not a party.

14. Governing law, changes, and contact

These Terms are governed by the laws of the State of Utah, without regard to conflict-of-laws rules. We may update these Terms; if a change is material we will notify you through the Platform or by email, and your continued use after the effective date constitutes acceptance. If any provision is found unenforceable, the rest remains in effect. Questions: localfreshorg@gmail.com.

These Terms were prepared to reflect LocalFresh's marketplace-only role and Utah's homemade food laws. They are not a substitute for advice from a licensed attorney — have counsel review them before relying on them in a dispute.