Last Updated: July 25, 2023

This Recipient Agency Agreement is a part of Copia’s Terms of Service (“Terms”) and is incorporated therein by this reference. 

By using and accessing the Copia Platform, including the usage of Copia’s services to receive excess food and non-food items, each Recipient Agency agrees, represents, warrants, and acknowledges that:

You are an authorized representative of the company, organization, or other entity (Recipient Agency). In addition, Recipient Agency has current 501(c)(3) Federal nonprofit status and a Federal Employer Identification Number.

1. Copia Application Usage

• 1.1 Recipient Agency agrees to only allow authorized users to access the Copia Platform using their user account and is responsible for all activity that occurs on their account.
• 1.2 Recipient Agency must maintain or update their profile information at all times by changing within user account or notifying Copia. Profile information includes but is not limited to, status as an IRS 501(c)(3) nonprofit, contact individuals, addresses, phone numbers, email addresses, drop off instructions, needs, or other information relevant to its organization or operation. 
• 1.3 Recipient Agency acknowledges and agrees that Copia does not provide tax advice and is in no way meant to substitute a tax professional’s advice or act as a tax expert. All tax related inquiries should be directed to a tax professional. 

2. Food Safety

• 2.1 Recipient Agency represents and warrants that it will comply with all laws, rules and regulations applicable to the Copia Platform and services, including all applicable food safety standards, proper handling of any and all donated items, and Food Safety Guidelines in Appendix A.
• 2.2 Recipient Agency agrees to handle all donated items sufficiently and properly, based on the item’s level of risk, fragility or spoilage, in order to ensure a) the safety and integrity of the item and b) compliance with all applicable laws.
• 2.3 Recipient Agency agrees to have or make available, adequate dry, cooler, and freezer storage as well as any other instrumentation or appliances necessary to ensure donated items are in a safe condition for consumption.
• 2.4 Recipient Agency agrees to have a person or staff with a Food Handler’s Certification onsite and available, where applicable by law.
• 2.5 Recipient Agency agrees to ensure and confirm upon request by Copia, that any and all product received from Copia is used in a manner consistent with Recipient Agency’s purpose and mission. Recipient Agency acknowledges and agrees that product received from and through Copia shall not be sold, prepared, and/or stored in a private home but shall only be stored on property with adequate facilities to which Copia has access.

3. Delivery Services

• 3.1 Recipient Agency agrees to be onsite, accessible, responsive and available during the date(s), day(s) and time(s) communicated to Copia as available for donation drop-off (“Available Drop-Off Time”).  The Delivery Provider, Donor or Copia may contact Recipient Agency at the provided contact information to update status of delivery or request drop off assistance through phone, SMS, or electronic mail. 
• 3.2 In the event that Recipient Agency is unresponsive or unavailable during Available Drop-Off Time, for no less than 5 minutes upon notice of arrival, Recipient Agency acknowledges and agrees that the delivery may be performed as a successful contact-less delivery by leaving at Recipient Agency address.  Recipient Agency agrees to accept and arrange for any contact-less delivered donation to be stored safely as soon as possible.
• 3.3. Recipient Agency agrees to dispose of any prohibited items as listed in License Restrictions, including delivery to the proper authorities. Furthermore, Recipient Agency may visually inspect all items prior to accepting a delivery.
• 3.4 Recipient Agency will inspect and accurately record the weight, amount, and type of donated items from each delivery received by and through Copia and its Donors within a reasonable time after receipt of such items. Recipient Agency must notify Copia immediately, or within 5 business days of receiving the donation, of any discrepancies with weight, amount or type of donated items. Recipient Agency acknowledges and expressly agrees to the accuracy of the weight, amount, and type of donation items, verified by a receipt, Copia’s web application, or similar communication method, unless Copia is notified within this time frame.
• 3.5 Recipient Agency acknowledges and agrees that a donation provided by Copia or its Donors will be accepted if the donation fits the needs and Recipient Agency is available, as indicated by Recipient Agency’s profile, unless unfit or unsafe for consumption or otherwise agreed upon in writing.

4. Recipient Agency Pick Up Services 

• 4.1 Subject to availability, Recipient Agency may elect to collect donations directly from Copia’s Donors and their facilities. 
• 4.2 Recipient Agency agrees to collect each donation from the matched Donor by following pickup instructions during the agreed upon time window. Recipient Agency must complete the donation process and confirm successful collection by notifying Copia through phone, email or similar communication as soon as reasonably possible and no more than 24 hours after collection. 
• 4.3 Recipient Agency agrees to load and transport all items properly to protect from damage and spoilage during transport including temperature control, if applicable. 
• 4.4 Recipient Agency acknowledges and agrees to adhere to all safety and traffic laws and is solely responsible for any liability arising from personal or property damage, or bodily injury.
• 4.5 Recipient Agency agrees to adhere to health and safety guidelines by prohibiting in-person contact between any Recipient Agency employee, driver, or affiliate experiencing symptoms of illness with any Donor, Delivery Provider, Copia employee or affiliate to prevent spread of such illness or virus. Recipient Agency expressly agrees not to dispatch its drivers to pick up donations if the driver is not feeling well.
• 4.6 In addition to Insurance requirements in Section 5, in connection to performance of Recipient Agency Pick Up services, Recipient Agency shall obtain Automobile Liability Insurance inclusive of owned, hired and non-owned coverage as applicable, covering Recipient Agency and its drivers (regardless of whether the vehicles driven by Recipient Agency, Recipient Agency’s drivers or a third party) of $1,000,000 per occurrence.  Recipient Agency and its drivers must maintain a current and valid automobile insurance policy with limits of liability at least equal to any minimum limits of liability required under applicable law.

5. Insurance Requirements

• 5.1 Recipient Agency shall obtain and maintain all proper and necessary insurance to guard against all applicable risk at its sole cost and expense, including, but not limited to, the following: Commercial General Liability on an “occurrence basis,” with a limit of not less than $1,000,000 USD combined single limit per occurrence for bodily injury, advertising injury, personal injury and property damage.

6. General

• 6.1 Recipient Agency represents and warrants that it is a qualified charitable organization and meets the conditions set forth in IRS Publication 526, Charitable Contributions, section Food Inventory. In certain cases, Recipient Agency may also need to meet conditions set forth in IRS Publication 1828, Pg 6.
• 6.2 Recipient Agency agrees to furnish proof of their 501(c)(3) Federal nonprofit status, EIN documentation or Food Handler’s Certification within 3 business days of such request.
• 6.3 Recipient Agency agrees to not require mandatory donations, volunteer time, or participation in a religious activity or service in order to receive food or non-food donations, nor show preferential treatment to clients who do participate, donate, or volunteer. Furthermore, Recipient Agency agrees to not charge recipients of the donations any money or required services for the donation that Copia provides. 
• 6.4 Recipient Agency acknowledges that donation receipts generated by the Copia Platform is confirmation that a donation was successfully completed between the Donor and Recipient Agency by using commercially reasonable validation methods including, but not limited to, Copia and third-party delivery data; and Donor and Recipient Agency input data. Copia reserves the right to review and dispute the status of any donation through Copia’s dispute resolution process.
• 6.5 Recipient Agency agrees not to knowingly engage, solicit, or facilitate donations directly from Copia’s Donors outside of the Copia Platform and services.
• 6.6 Recipient Agency agrees to act in a professional and courteous manner when engaging with Copia, Donor, Delivery Provider, or affiliates in connection with the Copia Platform and services.
• 6.7 Recipient Agency agrees not to discriminate or harass anyone on the basis of race, national origin, religion, gender, gender identity, physical or mental disability, medical condition, marital status, age or sexual orientation.
• 6.8 Recipient Agency acknowledges that it may be necessary or beneficial for Copia, or its representatives, to photograph or videotape certain Recipient Agency activities in connection with this Agreement.  In furtherance of the foregoing, Recipient Agency permits Copia, or its representatives, to photograph or video record Recipient Agency’s premises solely as necessary or otherwise agreed upon to provide the services under the Agreement.  
• 6.9 By accepting these terms, you are acknowledging and agreeing to use Copia’s platform to receive donations from Copia’s Donors which may generate donation receipts on your behalf and may be used as written confirmation to certify that donations were made between you and such Donors.

 

Appendix A

Food Safety Guidelines

As a Recipient Agency, you are agreeing that you will abide by the following Food Safety Guidelines:

1. Provide adequate refrigeration and freezer space and/or immediately use the food Copia or its Donors will be providing. Copia cannot partner with a Recipient Agency if it does not have an adequate way to maintain safe temperatures for consumption of the food or if the food will not be consumed shortly after arrival at the premises or specified location of the Recipient Agency.
2. Ensure food that is not immediately being served is not between 41°F and 140°F by transferring and/or storing food in a refrigeration unit at 41° Fahrenheit or below and keeping hot foods at 140° Fahrenheit or above.
3. Reheat prepared foods to minimum internal temperature of 165°F before serving
4. Inspect donations for any inadequacies.
5. If a container is leaky, or airtight seals have broken, throw it out.
6. Protect food from contaminating items (staples, insects, water drippage, chemicals, etc).
7. Make sure to uphold other federal, state, and local laws for safe handling and service of food.