Skip to main content

Location Partner Agreement

ELECTRIFIED WATER BAR LOCATION PARTNER AGREEMENT

This Location Partner Agreement ("Agreement") is entered into on [Date] between Electrified Water Bar LLC, a Colorado limited liability company, 12340 Syracuse St, Thornton, CO 80602 ("Company"), and [Partner Legal Name], [individual / business entity type], [Partner Address] ("Partner").

1. Purpose.

Company operates the Electrified Water Bar brand, selling fresh bagged alkaline drinking water. Partner wants to fill, seal, and hand off Electrified Water Bar bags from Partner's location at [Fill Location Address] (the "Location") for same day delivery through Company's delivery accounts.

2. Relationship.

Partner is an independent contractor. Nothing in this Agreement creates an employment, partnership, joint venture, franchise, or agency relationship. Partner is responsible for Partner's own taxes, equipment, staff, and expenses. Partner may not sign contracts or make promises on Company's behalf.

3. Approval Before Filling.

Partner may not fill or hand off any order until Company gives written approval. Approval requires: (a) Partner's own active registration with the Colorado Department of Public Health and Environment (CDPHE) Manufactured Food Program for the Location, plus any license the county health department requires; (b) proof of insurance under Section 9; (c) a passing water test from a certified lab; and (d) completion of Company training and a fill area check.

4. Product Standards.

Partner shall: (a) use only approved municipal source water and a properly maintained water ionizer; (b) fill in a clean, sanitized area with sanitized equipment, clean hands, and gloves; (c) use only new food grade bags supplied or approved by Company, sealed tamper evident immediately after filling; (d) label every bag exactly as Company directs, including product name and pH, net quantity, "Bottled for Electrified Water Bar" with Company's address, fill date, and the Location barcode; (e) store filled bags only in a clean, dedicated cooler used for nothing else, out of direct sun and off the ground; (f) sell same day only and never hand off a bag filled on an earlier day; (g) follow Company's machine maintenance program: monthly self clean, annual service, scheduled filter changes, and electrolysis enhancer as directed; and (h) follow all federal, state, and local food safety laws, including bottled water standards under 21 CFR Parts 129 and 165 as applied by CDPHE.

5. Testing and Records.

Partner shall test water on the schedule Company sets and keep the lab results. For every batch, Partner shall log the date, time, pH, number of bags, and order number. Partner shall keep all records for at least two (2) years and give them to Company within 24 hours of a request.

6. Inspections and Recalls.

Company may inspect the fill area, equipment, cooler, and records at reasonable times, with or without notice. If Company or any government agency calls for a hold or recall, Partner shall stop filling immediately and cooperate fully.

7. Payment and Revenue Split.

a. Company collects all payments from customers for bags filled at the Location, through Company's point of sale, online store, and delivery platforms.

b. From each bag's sale price, Company first deducts (i) a bag and label cost of $2.00 per bag, (ii) card processing and platform fees for that sale, and (iii) any delivery cost Company paid that the customer did not pay (together, "Costs"). The amount left is "Net Revenue."

c. Company Customers. For orders from customers Company brings, Partner earns 50% of Net Revenue and Company keeps 50%.

d. Partner Customers. For orders from customers Partner brings, Partner earns 70% of Net Revenue and Company keeps 30%. An order counts as a Partner Customer order only if it is placed through Partner's assigned referral link or code, or rung up at the Location through Company's point of sale under Partner's location code. Company's records decide which category each order falls in.

e. Sales tax and tips are not part of Net Revenue and are not split. Delivery fees are handled under Section 7(j).

f. Company pays Partner's share [weekly / every two weeks / monthly] by [ACH / check], within [7] days after the end of each pay period, with a statement showing the orders, bags, category, and amounts.

g. No share is earned on any order that is refunded, canceled, charged back, or rejected because of a product problem caused by Partner. Company may subtract any share already paid on such an order from Partner's next payout.

h. Company may change the bag and label cost with 30 days' written notice.

i. Partner shall provide a completed IRS Form W-9 before the first payout. Company will issue a Form 1099 as required by law.

j. Memberships and Partner Delivery. For memberships with scheduled deliveries, Net Revenue is the membership payment for the billing period, minus $2.00 per bag delivered, card processing and platform fees, and the cost of any courier delivery Company paid that the member did not pay. If Partner makes a delivery in person with Company's approval, the customer is charged a delivery fee of $10.00 per delivery within 10 miles of the Location plus $1.00 per mile beyond 10 miles (one way), and Company pays Partner 100% of that delivery fee. Delivery fees are not part of Net Revenue. Net Revenue is then split under Section 7(c) or 7(d), depending on who brought the member.

8. Marketing and Claims.

Partner shall not make any statement, in person, online, on social media, or on packaging, that the water diagnoses, treats, cures, mitigates, or prevents any disease or medical condition. Partner shall use only marketing materials Company provides or approves in writing.

9. Insurance.

Partner shall maintain at Partner's own expense, for the entire term: (a) commercial general liability insurance including products and completed operations coverage of at least $1,000,000 per occurrence and $2,000,000 aggregate; and (b) any other insurance required by law. Electrified Water Bar LLC shall be named as an additional insured. Partner shall provide a certificate of insurance before approval and at each renewal, and give Company 30 days' notice of cancellation or any change.

10. Indemnification.

Partner shall defend, indemnify, and hold harmless Company and its members, managers, employees, and agents from all claims, damages, losses, fines, and expenses, including reasonable attorney fees, arising from (a) Partner's breach of this Agreement, (b) Partner's negligence or misconduct, (c) any product filled, stored, or handed off at the Location, or (d) Partner's violation of any law.

11. Brand and Intellectual Property.

Company grants Partner a limited, revocable, non transferable license to use the Electrified Water Bar name, logo, labels, and barcode only to perform this Agreement. All rights stay with Company. When this Agreement ends, Partner shall stop all use and return or destroy all branded labels, bags, and materials.

12. Customers and Confidentiality.

Customer names, contact details, order information, pricing, and Company processes are Company's confidential information. Partner shall not use them except to fill Company orders, and shall not solicit Company customers to buy water from Partner or a competitor during the term and for [12] months after.

13. Term and Termination.

(a) This Agreement runs for twelve (12) months from the date above and renews automatically for twelve (12) month terms unless either party gives 30 days' written notice. (b) Either party may end this Agreement at any time with 30 days' written notice. (c) Company may suspend Partner or end this Agreement immediately, in writing, if Partner breaches Section 4, 5, 6, 8, or 9, loses any required registration or license, fails a water test, or creates a health or safety risk. (d) Sections 5, 7 (amounts owed), 10, 11, 12, 14, and 15 survive termination.

14. Limitation of Liability.

Company shall not be liable to Partner for any indirect, incidental, special, or consequential damages, or lost profits. Company's total liability under this Agreement shall not exceed the amounts Company paid Partner in the three (3) months before the claim.

15. General.

This Agreement is governed by Colorado law. Venue for any dispute is the state courts of [Adams County], Colorado. This is the entire agreement between the parties and replaces all prior discussions. Changes must be in writing and signed by both parties. Partner may not assign this Agreement without Company's written consent. If any provision is unenforceable, the rest remains in effect. Notices go to the addresses above or by email to [Company email] and [Partner email]. Electronic signatures are valid.

COMPANY: Electrified Water Bar LLC

By: ______________________ Name: Angeline Milinazzo Title: Member Date: ________

PARTNER: [Partner Legal Name]

By: ______________________ Name: ______________ Title: ______________ Date: ________

Sign This Agreement

Fill in your details and type your full legal name to sign electronically.

Your signature appears here
Location Partner Agreement

We use essential storage to run the site and credit referral partners. Optional analytics only if you allow it. See our Cookie Policy.

Our Song