Skip to main content

FOOD TRUCK NATION — OPERATOR PILOT AGREEMENT

Market Pilot

1. What this is.

Food Truck Nation, LLC (“FTN”) is running a pilot in Florida. You (“Operator”) get verified once, then book open days at Florida sites yourself and pay online. This page, together with FTN’s Pilot Terms of Use & Privacy Notice at www.foodtrucknation.com/privacy (incorporated here by reference), is the entire agreement between you and FTN for the pilot. FTN may amend the Pilot Terms of Use as Section 18 of those terms provides, with at least seven days’ notice by email; an amendment applies to bookings made after it takes effect, and your continued use after that constitutes acceptance. No amendment applies to a dispute that arose before the amendment took effect. If this page and the Pilot Terms of Use conflict, this page controls.

2. What FTN does and does not do.

FTN is a facilitator. FTN is not a party to your arrangement with any host (“Host”), and is not your employer, agent, partner, joint venturer, franchisor, insurer, guarantor, or landlord. FTN does not supervise your operation, inspect the sites, or decide who is at fault when something goes wrong — it documents and routes; it does not adjudicate.

3. Verification is the gate.

Before you can book anything, submit and keep current all seven: business license or local BTR · county health permit · mobile food vendor license (DBPR/FDACS) · general liability certificate · commercial auto certificate · vehicle registration · fire safety inspection. Verification is a limited document review — FTN does not warrant the accuracy, validity, or sufficiency of any document you submit, and verification does not constitute a determination that you are in compliance with applicable law. Anyone may browse the catalog; only verified Operators can book. If a document lapses, booking access is suspended until it is current. You cannot book a Site Day that falls after a required document expires until FTN has its renewal; send renewals to info@foodtrucknation.com.

4. Insurance.

Throughout the pilot, carry Commercial General Liability of at least $1,000,000 per occurrence / $2,000,000 aggregate that includes: (a) Food Truck Nation, LLC as additional insured by endorsement — CG 20 10, CG 20 26, CG 20 37, or a blanket “where required by written contract” form. Certificate-holder status is not additional insured and does not satisfy this. (b) Products-completed operations. (c) A food-trailer endorsement if you operate a trailer. Also carry Commercial Auto Liability of at least $1,000,000 CSL. No waiver of subrogation is required. Your coverage must be primary and non-contributory as to FTN’s additional-insured coverage. Where your insurer will agree to it, your policy or certificate should provide FTN at least 30 days’ prior written notice of cancellation. Either way, you must notify FTN within 5 business days of any cancellation, non-renewal, lapse, or material change to required coverage, and you may not book or operate a Site Day while required coverage is not in force. You authorize FTN to confirm your certificate with your carrier, broker, or agent.

5. Booking and paying.

You book with the operator code FTN emails you after verification, one per truck. Keep it confidential: you are responsible for every booking made with your code. Bookings close 24 hours before a Site Day’s start time. When you start checkout, the days you picked are held for you for about half an hour; if you don’t pay in time, they are released. Payment is the booking. A date is yours once payment clears. If a payment does not pass FTN’s checks, such as when the code or email does not match a verified Operator, a required document expires before a day you booked, or a day is no longer held for you, FTN refunds it in full and the booking does not stand.

6. What you pay.

Every price on the catalog and at checkout is the all-in — the site’s price, FTN’s booking fee, and a service fee, each shown on its own line before you pay. Your booking fee is 10% of the site’s price, subject to one floor: FTN’s total fee on each Site Day is never less than $30, and you cover the shortfall when the site’s price is too low to reach it. On a complimentary site that is a flat $30 a day. At $100 and above it is a straight 10%. The service fee is 4% of the site’s price and your booking fee combined. The number shown at checkout is what you pay; FTN adds no fees afterward. If tax ever applies to a booking, it will appear as its own line at checkout before you pay; if a taxing authority later determines that tax applied to a past booking, the Pilot Terms of Use govern how it is handled.

7. Cancellations, no-shows, and problems on arrival.

FTN acts on your own word about your bookings and on the Host’s own word about its site, each sent to FTN. A message from one of you about the other changes nothing by itself. A cancellation counts from when FTN receives it. FTN does not decide who was right. If you cancel. Reply to your booking confirmation or email FTN, not the Host. More than 24 hours before the Site Day’s start time: the site’s price and half your booking fee are refunded; the service fee is not. 24 hours or less, or a no-show: nothing is refunded, and on a priced booking the Host keeps the site’s price. The line is the start time, not the calendar date. You can cancel any Site Day in a booking on its own; each follows these rules. The service fee is refunded only when you are refunded in full. If the Host cancels or ends the day. If the Host cancels a booked day, or tells FTN that it or the property owner ended your Site Day after you arrived, you are refunded in full: the site’s price, your booking fee, and the service fee. Problems on arrival. If, no later than 2 hours after your Site Day’s start time, the site is locked or you cannot get in, it is unsafe, there is no room to set up, it is materially different from its listing, or a promised amenity does not work: tell the Host, and email FTN at least one photo of the problem within those 2 hours, saying that you are leaving. FTN then refunds everything you paid for that day and for any later days of the same booking at that site. FTN does not assess the photo or your report; it keeps them on record and forwards them to the Host. After those 2 hours, leaving is your decision and nothing is refunded unless the Host tells FTN it ended the day. FTN still forwards your report to the Host, without asking the Host anything. Repeated arrival-problem refunds. FTN counts your arrival-problem refunds over any 90 days; at the third, FTN may pause your booking access for 14 days. This is a count, not a finding about any one report.

Weather and other events outside anyone’s control. If a hurricane, government order, or another such event makes the Site Day impossible, you are refunded in full — see the Pilot Terms of Use. If a Host stops you from booking its site. A Host may tell FTN that you may not book its site again. FTN honors that without giving or asking for a reason. If you have Site Days booked there, FTN cancels them and refunds you in full.

8. On the day.

A booking gives you a limited, revocable license to use the vending area during the booked hours. It is not a lease and creates no tenancy or right of possession. The Host may end it at any time; your remedy is the refund under Section 7. You represent and warrant that you will comply with all applicable federal, state, and local laws, regulations, and ordinances in connection with your food operations and use of the site. Arrive inside your booked window, set up in the vending area the Host designates, operate only in that area and during the hours you booked, and follow the Host’s site rules. Do not serve alcohol unless the Host authorizes it in writing and you hold the license for it. Protect the ground; put nothing down a drain — no grease, no wastewater; clean up spills; take your trash; leave the area as you found it. When you book, FTN gives you the Host’s name, phone, and email, the site’s exact address, and its arrival instructions; any gate or door codes come by email on the morning of the Site Day. Contact the Host directly only about the site on the day; cancellations and everything else goes through FTN.

9. No guarantees.

FTN does not promise customers, sales, or foot traffic, and publishes no traffic estimates during the pilot. Whether a site is worth the money is your judgment. Sites are described by their Hosts; FTN does not inspect them. THE PLATFORM AND ALL SITES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” FTN DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. What FTN does and does not verify about a Host is defined in the Pilot Terms of Use.

10. Problems and damage.

Anything between you and a Host stays between you and that Host. FTN passes information along and keeps a record, but will not assign fault or pay claims. Damage you cause at a site is yours and your insurer’s. Report anything material to FTN within 24 hours.

11. Booking through FTN.

Sites and days you found through FTN, during the pilot and for 60 days after it ends, go through FTN and carry FTN’s fee. Days a Host never listed are outside this, unless you were first connected with that Host through FTN. If it happens anyway, you will pay FTN the fee it would have earned on each circumvented booking as liquidated damages. We agree that FTN’s actual damages from circumvention would be difficult to determine and that this amount is a reasonable estimate of them, not a penalty. Separately, FTN may end your participation under Section 12.

12. Term.

Begins when you accept and continues until the pilot ends. Either of us may end it at any time, for any reason, effective immediately — except that Site Days already booked and paid for stand unless cancelled under Section 7. FTN may also suspend your booking access at any time if it reasonably believes you have violated this agreement, applicable law, or the safety or rights of any Host, site occupant, or member of the public. If FTN ends this agreement or suspends you for that reason, or because a required document or coverage has lapsed, FTN may cancel your upcoming Site Days, and Section 7’s rule for cancellations made more than 24 hours before the Site Day applies to them. Sections 2, 4, 7, 9, 10, 11, 13, and 14 survive.

13. Liability and indemnity.

FTN’s total liability to you for anything arising out of the pilot is capped at the greater of the fees you paid FTN in the 12 months before the event giving rise to the claim or $500, and FTN is not liable for lost profits or other indirect damages. You will defend, indemnify, and hold harmless FTN, its officers, directors, members, employees, and agents, and the Host against any claims, losses, liabilities, and reasonable attorneys’ fees arising from your breach of this agreement, your food operations, injury or property damage at a site during your use of it to the extent caused by you or your employees, agents, or contractors, your violation of law, or a false statement in the documents you provided, except to the extent caused by the gross negligence or willful misconduct of the party seeking indemnity; the Host may enforce that promise directly.

14. Law and disputes.

Florida law governs. Any dispute arising out of or relating to this agreement will be resolved by binding individual arbitration, and you waive any right to participate in a class action. Claims must be brought within one year after the cause of action accrues. Arbitration, venue, the class-action waiver, and the one-year limitations period are further detailed in the Pilot Terms of Use & Privacy Notice, which you accept together with this agreement.

When you apply, and again at each checkout, you accept this agreement and the Pilot Terms of Use & Privacy Notice by ticking a box that reads: “I accept the Food Truck Nation Operator Pilot Agreement and the Pilot Terms of Use & Privacy Notice, and I am authorized to bind the business I represent.”