In consideration of On The House (OTH) agreeing to supply food to the Recipient, the Recipient agrees that:

1. The Recipient will receive food distributed by OTH on an ongoing basis, until terminated by either OTH or the Recipient.
2. While OTH will use its best endeavours to provide food free from any defect, the Recipient acknowledges that donated food may contain allergens and that OTH and the original food donor give no warranties in relation to food freshness or contamination.
3. The Recipient shall ensure any health warnings printed on any food is strictly adhered to and the Recipient shall not give any food to any person who has any food allergies.
4. The Recipient will inspect the food on receipt and satisfy itself of its quality and fitness for consumption. The Recipient will immediately notify OTH of any concerns regarding the quality and fitness for consumption of the donated food.
5. The Recipient acknowledges that both OTH and the original food donor are not liable or responsible for any costs, claims or demands arising from any food provided to the Recipient, except as expressly set out in the Food Act 2014.
6. OTH and the original food donor shall not be liable for any losses the Recipient may suffer resulting from the condition and/or consumption of the donated food arising out of or attributed to:
   • the condition and/or consumption of the donated food;
   • any conduct on the part of OTH or the original food donor; and
   • any conduct on the part of any OTH personnel either employed by OTH or acting as volunteers for OTH in connection with the storage, transportation and use of the donated food.
7. Neither OTH nor the original food donor will be liable for any losses that may be attributable to a proven production failure.
8. The Recipient will ensure that chilled perishable food is stored in a refrigerated storage facility which has a temperature of 4 degrees or less and all food will be stored in accordance with any specific instructions on the food item’s labelling and in accordance with best practice food handling health and safety procedures. If donated food is frozen then it should be cooked into meals within 3 months and not refrozen (or such other period as directed or labelled on the food). The Recipient must continue to inspect the fresh and frozen food in this period to monitor its quality and fitness for consumption.
9. If requested by OTH, the Recipient agrees, as a condition of receipt of donated food, that it will obliterate any visible barcodes by striking through with a black marker pen.
10. The Recipient will not donate the food to other third-party organisations (Third Parties) without the prior written consent of OTH. If written permission is obtained for the Recipient to further distribute to Third Parties then it will provide to OTH a list of those Third Parties. The Recipient is responsible for ensuring that any Third Party understands how to safely handle the donated food.
11. If OTH becomes aware that donated food is not going to the Third Parties for which permission was obtained by the Recipient from OTH, OTH will use its best endeavours to contact the Recipient to resolve the issue. If the Recipient does not respond or the issue is unable to be resolved, distributions to the Recipient will be suspended until the matter is resolved to OTH’s satisfaction.
12. Neither the Recipient nor any Third Party shall sell or use the donated food for any fundraising purpose or ticketed event.
13. The Recipient agrees that OTH’s Operating staff may access its premises for the purpose of inspecting the Recipient’s storage and food preparation facilities. OTH will give notice of at least one day prior to any inspection.
14. If requested, the Recipient will provide OTH with:
    • completed data forms (as provided by OTH) stating any quantitative and narrative information relating to food donated by OTH;
    • copies of any letters of thanks received in relation to OTH food (once the anonymity of the Recipient’s client(s) has been preserved by the Recipient); and
    • letters of support as requested by OTH from time to time.