Restaurant Partner Agreement
This agreement is between EatWinNow LLC (d/b/a Eat. Win. Now.), a Texas limited liability company ("Eat. Win. Now.," "EWN," "we"), and the restaurant that accepts it ("you"). EWN is a booking service for traveling youth sports teams; it's free for teams, and there's no cost for restaurants to be listed. EWN helps those teams and other groups ("Groups") find places to eat near their events. You accept in writing, either by replying to our email with "I agree to the Eat. Win. Now. Restaurant Partner Agreement," or by signing a copy of this agreement and sending it back to us. We both agree that an email reply like that counts as your written signature. Nothing is binding until you accept in writing.
1. How booking requests arrive
When a Group requests a meal through eatwinnow.com, we contact you directly with the request. Nothing is automatic. A request can include the team, sport, event, date, meal, time, headcount, food preferences, any allergy or dietary needs, an optional budget, and whether it's urgent or open to a prix fixe menu. Requests we send include the code EATWINNOW so you can recognize them. The code is for identification only and never creates a fee by itself (see section 3).
2. Accepting or declining
You may accept or decline any request, for any reason, and there's no minimum number you must take. Please reply as soon as you can, so the Group can make other plans if needed. Until you accept, we tell the Group the request isn't confirmed. You agree the menu, price, timing and any deposit directly with the Group. Allergy and dietary notes are passed on exactly as the Group wrote them, and we don't verify them. Please confirm allergies directly with the Group. You are solely responsible for allergen handling and food safety.
3. Fees
There's no cost to be listed. There's no upfront cost, no monthly fee and no minimum. You pay a flat fee of $4.99, plus any applicable sales tax, for each Referred Booking in which the Group actually dines. The fee is the same whatever the Group spends. It isn't a percentage of the bill, and we take no share of your food, drink or alcohol sales. Example: one team books and dines — the fee is $4.99.
Counting bookings: one Group's meal on one date and at one meal time is one Referred Booking, however many people come and however the bill is split. If the same Group comes back for another meal, that's a separate booking.
Fee changes: we may change the fee by giving you at least 30 days' notice by email. A new fee applies only to meals on or after the change date, and you may end this agreement instead of accepting it.
Referred Booking: a booking that meets all three of these: (1) we sent you the Group's booking request through Eat. Win. Now., (2) you confirmed that request, and (3) the Group dined. Nothing else creates a fee. A walk-in, a Group that mentions the code EATWINNOW or our name, or any other contact from us doesn't create a fee by itself, however recently it happened. You owe no fee if you show the same Group had already booked that meal directly with you before our request.
Earlier fee terms: if you agreed to earlier fee terms with us by email, this version replaces them only once you accept it, and we won't invoice you for any booking until you have.
4. No-shows, cancellations and refunds
No fee is owed for bookings that are cancelled, no-shows, declined or fully refunded. If the Group dined and the bill was only partly refunded, the fee is still $4.99. You keep any deposit or cancellation fee you charge the Group, and we take no share of it.
5. Confirming the booking
Within 5 calendar days after the meal, please reply to our request to confirm whether the Group dined, or whether it cancelled, didn't show or was fully refunded. You don't need to report the bill amount. We may ask the Group's team parent (the person who sent the Group's request through Eat. Win. Now.) to confirm only that the Group dined and about how many people came. We don't ask the team parent for the bill amount. If you don't reply on time, we'll send a reminder. If there's still no reply, we invoice the booking only if the Group's team parent confirms the Group dined, and you can dispute it under section 7.
6. Invoices and payment
We send one monthly invoice per location (see section 6A) covering all Referred Bookings at that location that dined in the prior month, through our payment processor. You can pay by bank transfer or card, and it's due within 15 days of the invoice date. We cover the processing fees, and nothing is charged automatically. On request, you provide a reasonable record (such as a reservation record or receipt) showing whether a Referred Booking from the last 6 months dined.
Late invoices: we send a reminder on the due date and another 7 days later. If an undisputed invoice is more than 30 days past due, we may pause your listing and new referrals until it's paid. We don't charge late interest. If it's more than 60 days past due, we may end this agreement.
6A. Invoices for more than one location
By default, each covered location gets its own invoice. If the same legal entity owns or controls several covered locations and asks us in writing (email is fine), we can send one combined monthly invoice that still shows each location's bookings separately. Each location stays responsible for its own fees, even on a combined invoice.
7. Disputes
If you honestly believe an invoice is wrong, you may dispute it within 30 days of its date by replying to it and explaining why. For example, the Group didn't dine; it cancelled, didn't show or was fully refunded; it had booked that meal directly with you before our request; or the invoice counts the wrong number of bookings. Pay any undisputed part on time. We'll both try to resolve the dispute within 15 days, and you'll share reasonable proof if asked, such as a reservation record, receipt or refund record. If we still can't agree, we won't charge the fee for the disputed booking.
8. Group information
Use Group contact details and notes only to fulfill and follow up on that booking. Don't use them for marketing unless the Group opts in, and never sell them. Share allergy or dietary notes only with the staff who need them, and don't keep them longer than the booking requires.
9. Your listing, name and logo
You let us show your restaurant's name, address, hours and publicly available menu information to list you as a partner restaurant. We use your logo or photos only with your written permission (email is fine), and that permission covers only the logo or photos you approve. If you ask in writing (email is fine), we'll remove your name or logo within 2 business days. Bookings made before the removal are still handled under this agreement, including any fees for those meals. When this agreement ends, we'll remove your listing within 2 business days. Any group offer you ask us to advertise, such as a team package or priority seating, is optional, and you can withdraw it by email at any time.
10. Sponsored listings
Sponsored listings are not currently offered. If we offer them later, we'll publish their terms first, and nothing is charged without a separate written agreement.
11. Term, termination and no exclusivity
This agreement is month to month. Either side may end it with 14 days' notice by email, or immediately for a material breach that isn't fixed within 7 days of notice. Fees for meals that took place before the end date are still owed. The agreement is not exclusive (see section 11A).
11A. No exclusivity; your other agreements
Neither side is exclusive. You may work with any other service and keep any corporate catering, delivery or other referral arrangement, and we may refer Groups to any other restaurant. You are responsible for checking that this agreement doesn't conflict with your franchise agreement, lease or any other agreement. We don't give legal advice.
12. General
We're an independent referral service, not your agent, and we don't prepare, handle or deliver food. Each side is responsible for claims caused by its own negligence or breach. Texas law applies, with venue in Travis County. Notices go by email to the addresses we each use for this partnership. EWN's postal address: EatWinNow LLC, 701 S Capital of Texas HWY Ste D420 #207, West Lake Hills, TX 78746. This page is the entire agreement and replaces earlier emails about the terms. Changes must be in writing, and email counts.
12A. Who may accept; franchises and multiple locations
The person accepting this agreement confirms that they have authority to bind the restaurant at each location named in its written acceptance (see section 12B). A franchisee accepts only for the locations it owns or operates, not for the franchisor or any other franchisee. A franchisor or corporate owner accepts only for its corporate-owned locations, unless it confirms in writing that it has authority to bind other locations. A location is covered only once it is named in a written acceptance by someone with authority over it.
12B. Locations covered
This agreement covers each restaurant location named in your written acceptance. When you accept, please tell us for each location: its name, its street address, the legal entity that owns or operates it, and whether it's corporate-owned or franchised. We'll confirm the list back to you by email. You can add a location later the same way.
Your written acceptance should also give the name and title of the person accepting and the legal entity they accept for. This agreement starts for those locations on the date of your written acceptance.