TERMS OF USE

(1) TERM. This Agreement is month-to-month from the effective date of service. This agreement may be cancelled at any time.

(2) SERVICES. Customer grants to PlateMaid the right to collect and clean of all of Customer’s Acceptable Items (as defined below) and agrees to pay the service charges for such services as provided herein. PlateMaid agrees to provide such services (and, as applicable, the equipment) subject to these terms and conditions. PlateMaid shall determine, in its sole discretion, the type of service vehicle used to collect Customer’s Acceptable Items and the specific type of cleaning equipment used therefor.

(3) PAYMENT TERMS. Customer shall pay PlateMaid on a monthly basis for the collection and cleaning services provided by PlateMaid (including without limitation all applicable charges as set forth on Customer's invoice). Payment shall be made by Customer via automatic payment. In the event that any payment is not made when due, PlateMaid may, at its sole option, cancel the Customer’s account and cease service.

(4) ACCEPTABLE ITEMS. Customer represents and warrants that the items placed in the equipment/pick-up bin for collection and cleaning by PlateMaid shall consist solely of “Acceptable Items.” Acceptable Items means plates, cups, bowls, silverware, and other non-electrical and non-fragile kitchenware which may contain food particles, and which may not contain “Nonconforming Waste”. “Nonconforming Waste” means any and all hazardous, radioactive, volatile, highly flammable, explosive, toxic or hazardous waste, pathological, infectious and biological wastes, tires, and other material deemed by applicable environmental laws or regulations or in PlateMaid’s reasonable discretion to be a danger or threat to safety or the environment. Nonconforming Waste shall also include special waste, industrial waste and Acceptable Items in quantities exceeding the expected quantities identified by Customer to PlateMaid.

(5) ACCESS; SERVICE AREAS. Customer agrees to provide unobstructed access to the equipment/pick-up bin to be serviced by PlateMaid on the scheduled collection day. If the pick-up bin is inaccessible so that the scheduled pick up cannot be made, PlateMaid will notify Customer and afford Customer an opportunity to provide the required access; however, PlateMaid reserves the right to charge an additional fee for any delayed service resulting from Customer’s failure to provide timely access. Customer warrants that any right of way, driveway, paved area or other access area provided by Customer for the location, placement and servicing of PlateMaid’s equipment is sufficient to bear the weight of all of PlateMaid’s equipment and vehicles required to perform the services hereunder. PlateMaid shall not be responsible for damage to any private pavement or accompanying sub-surface of any route, driveway, parking area or other surface reasonably necessary to perform PlateMaid’s services and Customer assumes all liabilities for damage to pavement or other road surface(s), or any other property or equipment of Customer, unless such damage is caused solely by PlateMaid’s negligence.

(6) EQUIPMENT. All equipment furnished to Customer by PlateMaid shall remain the property of the Customer; however, Customer acknowledges such equipment will be under its care, custody and control while at Customer’s service location. Customer accepts responsibility for all loss or damage to the furnished equipment (except for normal wear and tear or for loss or damage resulting from PlateMaid’s handling of the equipment) and for its contents. Customer agrees not to overload (by weight or volume), repack, move or alter the equipment, and shall use the equipment only for the collection of Acceptable Items. Customer agrees to indemnify, defend and hold harmless PlateMaid against all claims, damages, suits, penalties, fines and liabilities for injury or death to persons or loss or damage to property arising out of Customer’s use, operation or possession of the equipment.

(7) OPPORTUNITY TO CURE; EXCUSED PERFORMANCE. Customer agrees to notify PlateMaid in writing of any missed scheduled pick-up or any other service issue(s) and shall provide PlateMaid with the opportunity to address, cure or otherwise correct any such service issue(s). Neither party hereto shall be liable for its failure to perform or delay in performance hereunder due to events or contingencies beyond its reasonable control including, but not limited to, strikes, riots, compliance with laws or governmental orders, inability to obtain equipment, fires, weather, and acts of God, and such failure shall not constitute a default under this Agreement.

(8) ARBITRATION AGREEMENT, JURY TRIAL WAIVER, AND CLASS ACTION WAIVER CLAUSE. Except for claims by PlateMaid for collection of its fees or individual claims by Customer against PlateMaid solely for property damage where such disputes involve aggregate damages less than $5,000.00, the parties knowingly, voluntarily and irrevocably agree that at the election of either party any controversy or claim arising between them (INCLUDING THOSE CLAIMS ARISING OUT OF OR RELATED TO THIS AGREEMENT OR ANY PRIOR AGREEMENT) shall be resolved by BINDING ARBITRATION under the rules of the American Arbitration Association, which arbitration shall be governed by and enforceable under the Federal Arbitration Act, and judgment on the award may be entered by any court having jurisdiction thereof. WHETHER IN ARBITRATION OR AS OTHERWISE EXCEPTED ABOVE, NO CLAIMS MAY BE BROUGHT AS A CLASS ACTION, ON A CONSOLIDATED BASIS, OR IN ANY OTHER COLLECTIVE OR REPRESENTATIVE PROCEEDING. The parties acknowledge the service PlateMaid provides Customer impacts and affects intrastate commerce and agree that any dispute regarding the enforceability, legality, or scope of the arbitration agreement shall be decided exclusively by the arbitrator. The parties’ mutual promises contained herein, including the promise to arbitrate disagreements rather than litigate them before courts or other bodies, provide consideration for each other for this entire clause. EACH PARTY HERETO HEREBY WAIVES TRIAL BY JURY IN ANY ACTION, PROCEEDING, COUNTERCLAIM OR CROSS-CLAIM BROUGHT BY ANY OF THEM AGAINST THE OTHER AND WAIVES THE RIGHT TO PARTICIPATE AND/OR BE REPRESENTED IN ANY CLASS ACTION. Further, any action (including any arbitration) by Customer against PlateMaid in connection with this Agreement or any prior Agreement, or arising out of the Agreement or any prior Agreement, must be brought within one (1) year of any alleged breach of contract, tort, violation of statute or other alleged wrongful act. Any proceedings shall be conducted in the location where the services provided by PlateMaid to Customer are performed. A motion to compel arbitration or to stay a dispute pending arbitration may be brought at any time, and the failure to initiate or request arbitration at the beginning of a dispute shall not be construed as a waiver of the right to arbitration.

(9) BINDING AGREEMENT: ASSIGNMENT; This Agreement shall be binding upon and inure to the benefit of PlateMaid and Customer and their respective successors and assigns; provided, however, this Agreement may not be assigned by Customer without the prior written consent of PlateMaid. This Agreement, including any schedules and exhibits hereto, constitutes the entire agreement of PlateMaid and Customer with respect to the subject matter hereof, and supersedes any previous agreement or understanding, written or oral.

Effective as of April 1st, 2026