Bkd Local, LLC
Founding Baker Agreement
This Founding Baker Agreement (this “Agreement”) is entered into between Bkd Local, LLC (“Bkd Local,” “we,” “us,” or “our”), a Tennessee limited liability company, and the baker identified in the acceptance below (“Baker,” “you,” or “your”). By accepting this Agreement and listing your products on Bkd Local, you agree to the terms below. This Agreement works together with the Bkd Local Terms of Service and Privacy Policy, which are incorporated by reference.
1. Who We Are and What This Is
Bkd Local is a two-sided marketplace that connects customers with independent local bakers. You are an independent baker and seller. You are not an employee, agent, partner, or joint venturer of Bkd Local. You set your own prices, menu, availability, and pickup terms. Bkd Local provides the marketplace, handles payment through Stripe, and helps customers find you. Bkd Local does not bake, prepare, or sell food products.
2. Your Responsibilities as a Baker
You represent, warrant, and agree that:
- You will personally create and provide all baked goods listed on your profile.
- You will comply with all applicable local, state, and federal laws and regulations governing cottage food, home-based food production, food safety, labeling, and any required permits or licenses, including applicable Tennessee cottage food law.
- All goods you list are food-safe, accurately described, and prepared in sanitary conditions.
- You will keep your profile accurate and current, including pricing, availability, and menu items.
- You will honor all confirmed orders at the agreed price, quantity, flavor, and pickup time.
- You will respond to order requests promptly. Order requests expire if not accepted within twenty-four (24) hours, and the customer is not charged for an expired request.
- You will communicate with customers professionally and resolve issues in good faith.
3. Food Safety, Pickup Location, and Liability
Pickup address. You must provide a pickup address before your profile can go live. Your pickup address is never displayed publicly on Bkd Local; it is shared with a customer only after you accept that customer’s order. By accepting an order, you consent to that disclosure. You are responsible for providing a safe and reasonable pickup environment for customers collecting their orders.
You are solely responsible for the safety, quality, labeling, and legal compliance of every product you make and sell through Bkd Local. You understand that your products may be prepared in a residential or small commercial kitchen that also handles common allergens, and you are responsible for accurately disclosing ingredients and allergen information. Customers are solely responsible for the care, transport, and storage of their order after pickup under the Terms of Service; you are not responsible for damage or spoilage caused after pickup, such as dropped or unsecured items, heat exposure, or failure to refrigerate. We strongly recommend photographing each completed order before pickup: if a customer files a complaint, your photos are your evidence, and Bkd Local may request them during complaint review. You agree to indemnify and hold Bkd Local harmless from any claims, damages, losses, or expenses arising out of or relating to your products or your pickup location, including but not limited to foodborne illness, allergic reactions, injury, property damage, or failure to comply with applicable food laws.
4. Tiers, Membership, and Platform Fees
Bkd Local charges a platform fee on the order subtotal (the price of your baked goods, excluding the customer service fee). Your fee depends on your tier:
- Charter Baker: 5% of the order subtotal, locked in for the life of your account. Charter membership is a founding benefit purchased for $97, which covers your first six (6) months of Bkd Pro; beginning in month seven, Charter membership continues at $19.00 per month for the life of your account. The 5% rate does not increase over time, provided you remain in good standing under this Agreement.
- Beta Baker: 0% of the order subtotal for the first ninety (90) days after your listing goes live, and 8% of the order subtotal thereafter. Beta has no upfront cost and no monthly fee.
- Standard Baker: 8% of the order subtotal. Standard Bkd Pro is available as an optional subscription at $24.99 per month.
In addition, customers pay a flat $1.50 service fee per transaction, which Bkd Local retains in all cases. Bkd Local may modify platform fees with reasonable advance notice, except that the Charter lifetime 5% rate is locked and will not be increased for Bakers in good standing. Your applicable fee rate is recorded in your Bkd Local account.
5. Payments and Payouts
How customers pay. When a customer submits an order request, the customer’s payment method is saved and verified through Stripe with a temporary $15 preauthorization that is released promptly and never charged. The customer’s card is charged only when you accept the order, for the order subtotal plus the $1.50 customer service fee. You have twenty-four (24) hours to accept an order request; if you do not accept within that window, the request expires and the customer is not charged. If the customer’s card is declined when you accept, the order is not complete; both you and the customer are notified, and the customer is given the opportunity to update their payment method and complete payment. Do not begin preparing an order until it shows as accepted and paid in the app.
How you get paid. Bkd Local directs your payout, as a separate Stripe Connect transfer, to be issued at the earlier of: (a) the customer confirming in the app that they received their order; or (b) two (2) hours after the scheduled pickup time. Your payout equals the order subtotal minus your applicable platform fee. If the customer files a complaint before your payout is released, your transfer is delayed pending resolution under the Terms of Service. When your payout is released, Bkd Local initiates the transfer to your connected Stripe account; standard bank processing typically adds one to three business days before the funds appear in your bank account. You are responsible for maintaining accurate Stripe and payout information. Payouts are processed through Stripe Connect, and your use of Stripe is subject to Stripe’s applicable terms.
If you cannot fulfill an accepted order, notify Bkd Local at hello@bkdlocal.com immediately. The customer will receive a full refund, issued from the held funds, and you will not receive a payout for that order. If you cancel within seven (7) days of the scheduled pickup, the customer may leave a public review of the experience, and repeated or late cancellations may affect your standing under Section 9. Customers may cancel for a full refund up to seven days before pickup; within seven days of pickup, customer cancellations are not permitted, so orders inside that window are committed work. If a customer does not pick up an accepted order at the scheduled time, your payout still releases as scheduled; whether to accommodate a late pickup is your call.
6. Payments Stay on the Platform
All transactions arranged through Bkd Local must be completed and paid through Bkd Local. You agree not to encourage or arrange payment outside the platform (for example, by directing a Bkd Local customer to pay you by cash, Venmo, Cash App, Zelle, or other off-platform method) in order to avoid platform fees. You also agree not to include links to external ordering websites, online stores, or other order-taking platforms in your profile content, including your bio, FAQs, menu items, or messages. Sharing your social media handles is fine; directing customers to order or pay somewhere other than Bkd Local is not. We understand this can happen by habit, so we handle it in steps:
- First, a friendly reminder. If we notice an off-platform payment request, you will receive an educational reminder explaining that keeping payments on Bkd Local protects you and keeps your orders counted toward your standing.
- Next, human review. Repeated or deliberate circumvention is reviewed by a member of the Bkd Local team, who will reach out to you directly.
- Finally, account action. Continued or egregious circumvention may result in suspension or removal from the platform, and for Charter Bakers, loss of Charter status and the locked-in rate.
Our goal is to keep this fair and human. Most bakers never get past the first step.
7. Taxes
You are solely responsible for determining and paying any taxes arising from your sales, including sales tax, income tax, and self-employment tax. Bkd Local does not collect or remit sales tax on your behalf. Nothing in this Agreement constitutes tax advice.
8. Your Content
You retain ownership of the photos and content you upload. By uploading content to your profile, you grant Bkd Local a non-exclusive, royalty-free, worldwide license to use, display, and promote that content in connection with operating and marketing the platform. You represent that you own or have the right to share any content you upload.
9. Suspension and Removal
Bkd Local may suspend or remove your profile for violation of this Agreement, the Terms of Service, inaccurate or misleading information, failure to fulfill orders, or conduct that harms customers or the platform. You may close your account at any time by contacting hello@bkdlocal.com. Outstanding obligations, including unfulfilled orders and pending payouts, will be resolved before closure is finalized.
10. Referral Rewards
At launch, the Bkd Local referral program works as follows: when you refer another baker using your referral link and that baker completes her first fulfilled order through Bkd Local, both you and the referred baker receive one free month of Bkd Pro. There is no cap on the number of referrals. Free Pro months accrue to your account as credit. Bkd Local may modify or end the referral program prospectively with reasonable notice; earned rewards will be honored.
11. General
This Agreement is governed by the laws of the State of Tennessee. Any disputes not resolved through Bkd Local’s internal process are subject to the exclusive jurisdiction of the state and federal courts located in Gibson County, Tennessee. This Agreement, together with the Terms of Service and Privacy Policy, is the entire agreement between you and Bkd Local regarding your participation as a Baker. If any provision is held unenforceable, the remaining provisions stay in effect. Bkd Local may update this Agreement with reasonable notice to Bakers.
Acknowledgement
By checking the acceptance box in the Bkd Local app, I confirm that I have read and agree to this Founding Baker Agreement, the Bkd Local Terms of Service, and the Privacy Policy, and that the information I provide is accurate.
You accept this Agreement electronically in the Bkd Local app. When you check the acceptance box at signup (or when prompted after an update), Bkd Local records your account, the agreement version, and the date and time of your acceptance in place of a physical signature.
Bkd Local, LLC · bkdlocal.com · hello@bkdlocal.com · Medina, Tennessee
Also see: Terms of Service · Privacy Policy