1 App Checklist Encrypted
1 App Checklist Encrypted
SSN
Gift Cards: Parameters
539396440
Existing New Merchant Type
Tax ID
993395173 ■ Retail
Email Transaction Types Restaurant
[email protected]
EMV/Swipe 95 %
Connection Type
CP Keyed %
Equipment
MOTO/Keyed 5 % Phone
POS:
E-Commerce %
■ Existing New ■ Ethernet
100 %
Existing Square Auto Batch Time
Type 7pm
Auth.net
POS Contact Cancellations & Buyouts
$ Equipment
PAYEEZY
Clover: $ Processing
Menu Other
Special Instructions
Rhiannon
Rhiannon (Jan 15, 2025 14:15 PST)
MERCHANT PROCESSING APPLICATION AND AGREEMENT
Relationship Association
Sales Rep Name Allan Kor Application Date Jan 15, 2025
Social Security #
539396440
Date of Birth Social Security # Date of Birth Prior Bankruptcies? ____Yes _____No ✔
05/08/1998 __Business and/or __Personal Date Discharged _____
Email Address Email Address
[email protected]
Patriot Act Notice: To fight the funding of terrorism and money laundering, we are required to obtain, verify and record information that identifies each person (including business entities) who opens an account. To allow us to
identify you, we will ask for your name, physical address, date of birth and tax payer ID and may ask for other information, such as your driver’s license or other documents.
Business Type: ✔
____Retail ____Restaurant ____Internet ____Government ____Lodging ____Supermarket _____Mail/Telephone Order
Requested Monthly Payment Card Volume 5,473.00 Card Present Swiped 95 Sales to Consumers 100
Requested Average Payment Card Ticket 27.00 Card Present Not Swiped Sales to Business
J F M A M J J A S O N D Previous Processor
Discount Fees
QUALIFICATION DISC. FEE (%) PER ITEM ($) QUALIFICATION DISC. FEE (%) PER ITEM ($) QUALIFICATION DISC. FEE (%) PER ITEM ($)
MasterCard Visa Discover Network
Credit Qual X Credit Qual Credit Qual
X X
Credit Mid-Qual X Credit Mid-Qual X Credit Mid-Qual X
Credit Non-Qual X Credit Non-Qual X Credit Non-Qual X
CheckCard Qual CheckCard Qual CheckCard Qual
X X X
CheckCard Mid-Qual CheckCard Mid-Qual CheckCard Mid-Qual
X X X
CheckCard Non-Qual CheckCard Non-Qual CheckCard Non-Qual
X X X
Credit Pass Through IC
0.20 Credit Pass Through IC 0.20 Credit Pass Through IC 0.20
CheckCard Pass CheckCard Pass CheckCard Pass
0.20 0.20 0.20
Through IC Through IC Through IC
ERR ERR ERR
All applicable Association fees will be passed through to the merchant at the applicable costs assigned by the Association. Fees include, but are not
limited to, Visa’s APF, Misuse of Authorization Fee, Zero Floor Limit Fee, Acquirer ISA Fee, and MasterCard’s NABU Fee, Acquirer Support Fee,
Voyager
Cross Border Fee, and Discover IPF, ISF, Data Usage fee, Amex Net Work Fee et al.
American Express
OptBlue SM Amex Direct
SM
OptBlue
QUALIFICATION DISC. FEE (%) PER ITEM ($) Monthly Card Volume
583.00 Order New Use Existing
Credit Qual X OptBlue
SM
27.00 CAP #
Average Card Ticket
Credit Mid-Qual
X
SM
OptBlue Existing SE #
Credit Non-Qual X 1,000.00
Highest Card Ticket
Monthly flat fee of $7.95 or Discount Rate may apply
Credit Pass Through IC 0.40 SE #
SM
Select OptBlue Discount Plan:
ERR
Tiered Basic Flat Rate
An Inbound fee of 0.40% will be applied on any Charge made using a Card, including Prepaid Cards, that was issued outside the United States (as used herein, the United States does not include Puerto Rico, the U.S. Virgin Islands and other U.S. territories and possessions). This fee is applicable to all industries
listed in Appendix B, except Education in the following categories: Sporting & Recreation Camps (MCC 7032), Elementary & Secondary Schools (MCC 8211), Colleges, Universities, Professional Schools (MCC 8220), and Child Care Services (MCC 8351).
■ By checking this box, you opt out of receiving future commercial marketing communications from American Express.
Note that you may continue to receive marketing communications while American Express updates its records to reflect your choice. Opting out of commercial marketing communications will not preclude you from receiving important transactional or relationship messages from American Express.
In the event that this Agreement is terminated early, Merchant will be responsible for the payment of a695.00early termination fee in accordance with Part III, Section A.3 of the Merchant Program Guide.
Application Type Retail Retail w/ Tip MOTO Restaurant w/ Tip Quick Serve Restaurant (no tip) Hotel Auto Rental
Terminal Features Yes No Yes No Yes No
Fraud Check (last 4-digits) Purchasing Card Invoice/Purchase Order #
AVS + CVV2 Server/Clerk # Auto Close Y N If yes, time?
IP Connection? Yes No If yes, Terminal Serial Special Requests (Multi-Mid, Dial 9, etc):
Do you use any third party to store, process, or transmit cardholder data? Yes No
If yes, give name/address:
ORDER LEASE Lease Company Lease Term Mos. Annual Tax Handling Fee $10.20
Total Monthly Lease Charge w/o taxes, lates fees, or other charges that may apply - See Lease Agreement for details.
This is a NON-CANCELLABLE lease for the full term indicated Client's initials:
Web Hosting Domain Registration Web page Design Auction Internet Service Gateway
Selling Digital Service Advertisement Selling Hard Goods Other: Coffee shop
If using the Internet, list encryption method, vendor, and controls used to secure transaction information
5. List the name(s) and address(es) of the vendor(s) from which supplies are purchased.
6. Who performs product/service fulfillment? If direct from vendor, please provide Vendor Name, address and phone number in full:
7. Please describe how a sale takes place from beginning of order until completion of fulfillment:
PPS07192v3 PPS07192v3
Priority Payment Systems is a registered ISO/MSP of Synovus Bank, Columbus, GA
12a. SITE INSPECTION (Completed by Sales Agent) Page 4 of 6
I have personally conducted a Site Inspection for this merchant, visually inspected the merchant’s inventory (if applicable), verified the merchant’s payment
application is PABP (Payment Application Best Practices) validated (if applicable), and represent that the information in this merchant application is accurate,
as to the best of my knowledge. I am subject to criminal penalties and/or financial losses for false or misleading information.
13. SIGNATURES
Client certifies that all information set forth in this completed Merchant Processing Application is true and correct and that Client has received a copy of the Program Guide (Version #118911v1) and Confirmation Page, which is
part of this Merchant Processing Application (consisting of Sections 1-13) and by this reference incorporated herein. Client acknowledges and agrees that we, our Affiliates and our third party subcontractors and/or agents may
use automatic telephone dialing systems to contact Client at the telephone number(s) Client has provided in this Merchant Processing Application and/or may leave a detailed voice message in the event that Client is unable to
be reached, even if the number provided is a cellular or wireless number or if Client has previously registered on a Do Not Call list or requested not to be contacted Client for solicitation purposes. Client hereby consents to
receiving commercial electronic mail messages from us, our Affiliates and our third party subcontractors and/or agents from time to time.Client further agrees that Client will not accept more than 20% of its card transactions via
mail, telephone or Internet order. However, if your Application is approved based upon contrary information stated in Section 7, Transaction Information section and Section 9, American Express above, you are authorized to
accept transactions in accordance with the percentages indicated in that section. This signature page also serves as a signature page to the Equipment Lease Agreement appearing in the Third Party Section of the Program
Guide, if selected, the undersigned Client being the “Lessee” for purposes of such Equipment Lease Agreement. Client authorizes PRIORITY PAYMENT SYSTEMS (“PRIORITY”) and SYNOVUS Bank (“BANK”) and
their respective agents to investigate the references, statements and other data contained herein and to obtain additional information from credit bureaus and other lawful sources, including persons and companies names in this
Merchant Processing Application. Client authorizes PRIORITY and BANK and their respective agents (a) to procure information form any consumer reporting agency bearing his/her personal credit worthiness, credit
standing, credit capacity, character, general reputation, personal characteristics, or mode of living, and (b) to contact all previous employers, personal references and educational institutions. Each of the undersigned also
authorizes us and our Affiliates to provide amongst each other the information contained in this Merchant Processing Application and Agreement and any information received from all references, including banks and consumer
reporting agencies. It is our policy to obtain certain information in order to verify your identity while processing your account application. If the Application is approved, each of the undersigned also authorizes us to obtain
subsequent consumer reports in connection with the maintenance, updating, renewal or extension of the Agreement.
Client authorizes PRIORITY and BANK and their affiliates to debit Client’s designated bank account via Automated Clearing House (ACH) for costs associated with the equipment hardware, software and shipping.
You further acknowledge and agree that you will not use your merchant account and/or the Services for illegal transactions, for example, those prohibited by the Unlawful Internet Gambling Enforcement Act, 31 U.S.C. Section
5361 et seq, as may be amended from time to time , or processing and acceptance of transactions in certain jurisdictions pursuant to 31 CFR Part 500 et seq. and other laws enforced by the Office of Foreign Assets Control
(OFAC).
Client certifies, under penalties of perjury, that the federal taxpayer identification number and corresponding filing name provided herein are correct.
Social Security numbers are classified as “Confidential” information under the PRIORITY Data Classification Retention and Disposal Policy. As such, Social Security numbers may only be accessed by and disclosed to PRIORITY
team members and others with a legitimate business “need to know’ in accordance with applicable laws and regulations. Social Security numbers, whether in paper or electronic form, are subject to physical, electronic and
procedural safeguards, and must be stored, transmitted and disposed of in accordance with the provision of the information applicable to Confidential information. These restrictions apply to all Social Security numbers
collected or retained by PRIORITY.
Client agrees to all the terms of this Merchant Processing Application and Agreement. This Merchant Processing Application and Agreement shall not take effect until Client has been approved and this Agreement has been
accepted by PRIORITY and BANK.
Rhiannon
Signature X Rhiannon (Jan 15, 2025 14:15 PST) Title Owner
Print Name of Signer RHIANNON GOSS Date Jan 15, 2025
Signature X Title
Personal Guarantee: In exchange for PRIORITY and Synovus Bank (the Guaranteed Parties) acceptance of, as applicable, the Agreement, and/or the Equipment Lease Agreement, the undersigned unconditionally and
irrevocably guarantees the full payment and performance of Client’s obligations under the foregoing agreements, as applicable, as they now exist or as modified from time to time, whether before or after termination or
expiration of such agreements and whether or not the undersigned has received notice of any amendment of such agreements. The undersigned waives notice of default by Client and agrees to indemnify the Guaranteed
Parties for any and all amounts due from Client under the foregoing agreements. The Guaranteed Parties shall not be required to first proceed against Client to enforce any remedy before proceeding against the
undersigned. This is a continuing personal guaranty and shall not be discharged or affected for any reason. The undersigned understands that this is a Personal Guaranty of payment and not of collection and that the
Guaranteed Parties are relying upon this Personal Guaranty in entering into the foregoing agreements, as applicable.
Personal Guarantee
Rhiannon RHIANNON GOSS
Signature X Rhiannon (Jan 15, 2025 14:15 PST) Print Name: Date Jan 15, 2025
Personal Guarantee
Signature X Print Name: Date
Accepted By
Priority Payment Systems, LLC Synovus Bank
P.O. BOX 246, Alpharetta, GA 30009-0246 1111 Bay Ave, Columbus, GA 31901
Signature X Signature X
Please read the Program Guide in its entirety. It describes the terms under which we will provide merchant processing Services to you.
From time to time you may have questions regarding the contents of your Agreement with Bank and/or Processor. The following information summarizes portions of your Agreement in
order to assist you in answering some of the questions we are most commonly asked.
1. Your Discount Rates are assessed on transactions that qualify for certain reduced interchange rates imposed by MasterCard and Visa. Any transactions that fail to qualify
for these reduced rates will be charged an additional fee (see Section 19 of the Program Guide).
2. We may debit your bank account from time to time for amounts owed to us under the Agreement.
3. There are many reasons why a Chargeback may occur. When they occur we will debit your settlement funds or settlement account. For a more detailed discussion
regarding Chargebacks see Section 10 of Card Processing Operating Guide.
4. If you dispute any charge or funding, you must notify us within 60 days of the date of the statement where the charge or funding appears for Card Processing.
5. The Agreement limits our liability to you. For a detailed description of the limitation of liability see Section 21 of the Card Processing General Terms.
6. We have assumed certain risks by agreeing to provide you with Card processing or check services. Accordingly, we may take certain actions to mitigate our risk,
including tenmination of the Agreement, and/or hold monies otherwise payable to you (see Card Processing General Terms, Events of Default Section 24 and, Reserve
Account; Security Interest 25), under certain circumstances.
7. By executing this Agreement with us you are authorizing us and our Affiliates to obtain financial and credit information regarding your business and the signers and
guarantors of the Agreement until all your obligations to us and our Affiliates are satisfied.
8. The Agreement contains a provision that in the event you terminate the Agreement early, you will be responsible for the payment of an early termination fee as set forlh
in Part Ill, Section A.3 of the Merchant Program Guide.
9.If you lease equipment from P rocessor, it is important that you review Section 1 in Third Party Agreements. Bank is not a party to this Agreement. THIS IS A NON
CANCELABLE LEASE FOR THE FULL TERM INDICATED.
1 0. For questions regarding your Merchant P rocessing Application and Agreement, please contact Customer Service at 1-855-813-5293, and/ or refer to Important
P hone Numbers on the Additional Important Information P age, P art Ill, Section A.4.
Section 1: Merchant Application Information (Must match information in Merchant Application): Date Application Signed (by Authorized Signer named below):
Jan 15, 2025
Merchant Legal Name: RHI'S COFFEE LLC Merchant Federal Tax ID (as it appears on income tax return): 993395173 Merchant State of formation/Incorporation: OR
Merchant Address: 7420 NE Sandy Blvd Merchant Entity Type LLC/LLP
Section 2: Beneficial Ownership and Management Information. Provide the information below on each individual who directly or indirectly, through any contract, arrangement,
understanding, relationship or otherwise, owns 25% or more of the equity interests of the Merchant legal entity identified above. If the total ownership of those individuals does not exceed
50% of the equity interests of the Merchant, provide the information below on additional beneficial owners so that the total ownership interests of individuals for which information is provided
below exceeds 50%. (Use extra copies if needed.) Information must be provided for one individual with significant responsibility for managing the legal entity listed in Section 1, a “Control
Prong”. Examples of a Control Prong include, but are not limited to: Chief Executive Officer, Chief Financial Officer, Chief Operating Officer, Managing Member, General Partner, President,
Vice President or Treasurer. If no other Beneficial Owner identified below is identified in the right column as the Control Prong, the Control Prong section below must be completed.
Beneficial Owner Legal Name Title % of Legal Entity
RHIANNON GOSS Owner Ownership: 100 _%
Individual’s Home (Street) Address (No P.O. Box) City, State, Zip Date of Birth
18439 11th Ave CT E Spanaway WA 98387 05/08/1998
Individual has a Social Security Number or Individual Taxpayer Identification Social Security No. (SSN)/Individual Taxpayer Identification No. (ITIN): Control Prong?
Number issued by US Government? □ Yes □ No 539396440 □ Yes
✔
ID Type:* ✔ □ Driver’s License □ Other State photo ID showing residence State/Country of Issuance Date Issued Expiration Date Number on ID:
□ Passport □ Resident Alien ID □ Other ID± WDL64N8D123B WA 05/14/2019 05/08/2026 WDL64N8D123B
Beneficial Owner Legal Name Title % of Legal Entity
Ownership: _%
Individual’s Home (Street) Address (No P.O. Box) City, State, Zip Date of Birth
Select
Individual has a Social Security Number or Individual Taxpayer Identification Social Security No. (SSN)/Individual Taxpayer Identification No. (ITIN): Control Prong?
Number issued by US Government? □ Yes □ No □ Yes
ID Type:* □ Driver’s License □ Other State photo ID showing residence State/Country of Issuance Date Issued Expiration Date Number on ID:
□ Passport □ Resident Alien ID □ Other ID± Select
Beneficial Owner Legal Name Title % of Legal Entity
Ownership: _%
Individual’s Home (Street) Address (No P.O. Box) City, State, Zip Date of Birth
Individual has a Social Security Number or Individual Taxpayer Identification Social Security No. (SSN)/Individual Taxpayer Identification No. (ITIN): Control Prong?
Number issued by US Government? □ Yes □ No □ Yes
ID Type:* □ Driver’s License □ Other State photo ID showing residence State/Country of Issuance Date Issued Expiration Date Number on ID:
□ Passport □ Resident Alien ID □ Other ID±
Beneficial Owner Legal Name Title % of Legal Entity
Ownership: _%
Individual’s Home (Street) Address (No P.O. Box) City, State, Zip Date of Birth
Individual has a Social Security Number or Individual Taxpayer Identification Social Security No. (SSN)/Individual Taxpayer Identification No. (ITIN): Control Prong?
Number issued by US Government? □ Yes □ No □ Yes
ID Type:* □ Driver’s License □ Other State photo ID showing residence State/Country of Issuance Date Issued Expiration Date Number on ID:
□ Passport □ Resident Alien ID □ Other ID±
□ Control Prong (and/or □ additional Beneficial Owner) Legal Name Title % of Legal Entity
Ownership: _%
Individual’s Home (Street) Address (No P.O. Box) City, State, Zip Date of Birth
Individual has a Social Security Number or Individual Taxpayer Identification Social Security No. (SSN)/Individual Taxpayer Identification No. (ITIN):
Number issued by US Government? □ Yes □ No
ID Type:* □ Driver’s License □ Other State photo ID showing residence State/Country of Issuance Date Issued Expiration Date Number on ID:
□ Passport □ Resident Alien ID □ Other ID±
* For US persons provide unexpired Driver’s License unless there is none; for non-US persons ID Type may be unexpired Resident Alien ID, or Passport/Other ID± and Country of issuance.
± Specify type of “Other ID”, which may be any other unexpired government-issued document evidencing nationality or residence and bearing a photograph or similar safeguard.
Sales Office____________________________________ Print Sales Rep Name _________________________________________________ Sales ID# ________________________________
Clients Business Name (Doing Business As): Clients Corporate/Legal Name (Use Also For Headquarters Information):
Coffeehuns RHI'S COFFEE LLC
Business Address: Billing Address (If Different Than Location Address):
7420 NE Sandy Blvd 7420 NE Sandy Blvd
City: State: Zip: City: State: Zip:
Portland OR 97213 Portland OR 97213
Location Phone #: Location Fax #: Contact Name:
253-217-6603 Liz Cox
Business E-mail Address: Contact Fax # / E-mail Address:
[email protected] [email protected]
Business Website Address: Contact Phone #:
253-217-6603
Date Business Started: Send Retrieval Requests to: Business Location ✔ Corp/Legal Location
08/05/2024 Send Merchant Monthly Statement to: Business Location ✔ Corp/Legal Location
Customer Service Phone #: Customer Service E-mail Address: Statement Delivery Method:
253-217-6603 (choose one) Print and Mail ✔ Online via AccessOne
INDIVIDUAL/SOLE PROPRIETORSHIP: State in which Certificate of
TAX EXEMPT ORGANIZATION (501C) State:________
OR GOVERNMENT (Federal, State, Local)
OR
Assumed Name Filed: _____________________________ State:_______ INTERNATIONAL ORGANIZATION
✔ LIMITED LIABILITY
CORPORATION CHAPTER S, C OR
State:_______ Location Filed:_________________________________ COMPANY OR
State Filed:________
OR
MEDICAL OR LEGAL CORPORATION State:_______ OR
ASSOCIATION/ESTATE/TRUST State Filed:________ PARTNERSHIP OR
State Filed:________
Name (as it appears on your income tax return; if Sole Proprietor, must include I certify that I am a foreign entity/nonresident alien.
middle initial) (as it appears on your income tax return) (If checked, please attach IRS Form W-8.)
RHI'S COFFEE LLC 993395173
Failure to provide accurate information may result in a withholding of merchant funding per IRS regulations. (See Part IV, Section A.4 of your Program Guide for further information.)
*SIC/MCC: Final Auth. Indicator: ✔ 0 (Pre Auth.) ✔ 1 (Final Auth.) IATA/ARC: (MCC 4722 Only)
Note: *If your business is classified as High Risk and assigned (or is later assigned based upon your business activity) any of the following Merchant Category Codes (MCC): 5966, 5967 and 7841 ,
then registration is required with Visa and/or Mastercard within 30 days from when your account becomes active. An Annual Registration Fee of $500 may apply for Visa and/or Mastercard (total registration fees
could be $1,000.00). Failure to register could result in fines in excess of $10,000.00 for violating Visa and/or Mastercard regulations .
Registration for MCC 7841 is only required for non-face-to-face adult content.
Information herein, including applicable MCCs, is subject to change.
Coffee shop
1. Zone: ✔ Business District Industrial Residential 13. Do you have a refund policy for Mastercard/Visa/
Discover Network - PayPal/American Express OptBlue Sales?
✔ Yes No If yes, check one:
2. Location: Mall Office Home Shopping Area
Exchange ✔ Mastercard/Visa/Discover Network - PayPal/
Apartment Isolated Door-to-Door
Store Credit American Express OptBlue Credit
✔
Flea Market Other If Mastercard/V/Discover Network - PayPal/American Express OptBlue Credit, within how
many days do you submit credit transactions?
3. How many employees: ____________ ✔ 0-3 4-7 8-14 Over 14
4. How many registers/Terminals: ____________ 14. Advertising Method (Attach at least one):
Catalog Brochure Direct Mail TV/Radio
5. Is proper license visible? ✔ Yes Internet Phone Newspaper/Journals Other
Marketing Materials required for Mail Order, B to B, Internet over
No, explain: ____________________________________________ $1 Million in annual volume. Attach Web Page for Internet Merchant.
Name: (First, MI, Last) % Ownership: Name: (First, MI, Last) % Ownership:
RHIANNON GOSS 100
Title: Telephone #: Title: Telephone #:
Owner 253-217-6603
Home Address: (No P.O. Box) Home Address: (No P.O. Box)
18439 11th Ave CT E
City: State: Zip: Country: City: State: Zip: Country:
Spanaway WA 98387 USA Select WA
D.O.B.: Social Security #: D.O.B.: Social Security #:
05/08/1998 539396440
DL #: State: DL #: State:
WDL64N8D123B WA Select
Name: (First, MI, Last) % Ownership: Name: (First, MI, Last) % Ownership:
Home Address: (No P.O. Box) Home Address: (No P.O. Box)
DL #: State: DL #: State:
AUTHORIZATION GRID ID#: _________________ USER DEFINED GRID ID#: _________________ MFC GRID ID: _________________ 8-pos. Alpha/Numeric
Mastercard TIERED ___________________ Visa TIERED ___________________ DISCOVER NETWORK - PayPal ___________________
AMERICAN EXPRESS ___________________
GRID ID 8-pos. Alpha/Numeric GRID ID 8-pos. Alpha/Numeric TIERED GRID ID 8-pos. Alpha/Numeric
OptBlue TIERED 8-pos. Alpha/Numeric
GRID ID
Mastercard CREDIT ___________________ Visa CREDIT ___________________ DISCOVER NETWORK - PayPal ___________________
MPG ID 8-pos. Alpha/Numeric MPG ID 8-pos. Alpha/Numeric CREDIT MPG ID 8-pos. Alpha/Numeric
AMERICAN EXPRESS ___________________
OptBlue CREDIT 8-pos. Alpha/Numeric
Mastercard DEBIT ___________________ Visa DEBIT ___________________ DISCOVER NETWORK ___________________
MPG ID
MPG ID 8-pos. Alpha/Numeric MPG ID 8-pos. Alpha/Numeric DEBIT MPG ID 8-pos. Alpha/Numeric
✔ Mastercard Credit Transactions ✔ Visa Credit Transactions ✔ Discover Network Credit Transactions ✔ American Express Credit Transactions
✔ Mastercard Non-PIN Debit Trans. ✔ Visa Non-PIN Debit Trans. ✔ Discover Network Non-PIN Debit Trans.
O_WF_R_2507 O_WF_R_2507
Discount MPG TXN Fee Discount MPG TXN Fee Discount MPG TXN Fee Discount MPG TXN Fee
Mastercard Visa Discover Network - American Express
Qual Credit X % $ Qual Credit X % $ PayPal Qual Credit X % $ OptBlue Qual Credit X % $
Mastercard Visa Discover Network - American Express
Mid-Qual Credit X % $ Mid-Qual Credit X % $ PayPal Mid-Qual Credit X % $ OptBlue Mid-Qual Credit X % $
Mastercard Visa Discover Network - American Express
Non-Qual Credit X % $ Non-Qual Credit X % $ PayPal Non-Qual Credit X % $ OptBlue Non-Qual Credit X % $
Mastercard
Worldcard Qual X % $ Visa Rewards 1 X % $
Mastercard
Worldcard Mid-
Qual X % $ Visa Rewards 2 X % $
Mastercard
Worldcard Non-
Qual X % $
Mastercard Visa Discover Network
Qual Debit X % $ Qual Debit X % $ Qual Debit X % $
Mastercard Visa Discover Network
Mid-Qual Debit X % $ Mid-Qual Debit X % $ Mid-Qual Debit X % $
Mastercard Visa Discover Network
Non-Qual Debit X % $ Non-Qual Debit X % $ Non-Qual Debit X % $
Mastercard
Regulated Debit
Discount X % $
Visa Regulated
Debit Discount X % $
Discover Network
Regulated Debit Disct X % $
Discount Non-Qual Fees Discount Non-Qual Fees Discount Non-Qual Fees Discount Non-Qual Fees
Mastercard Discover Network - American Express
Qual Credit % % Visa Qual Credit % % PayPal Qual Credit % % OptBlue Qual Credit % %
Mastercard Discover Network
Qual Debit % % Visa Qual Debit % % Qual Debit % %
Net Only - Includes Dues and Assessments ✔ Gross Only - Includes Dues and Assessments
Discount (Based Discount (Based Discount (Based Discount (Based
on Gross Sales Vol.) on Gross Sales Vol.) on Gross Sales Vol.) on Gross Sales Vol.)
Mastercard Qual
Credit 0.20 % Visa Qual Credit 0.20 % Discover Network - PayPal Qual Credit 0.20 % American Express OptBlue Qual Credit 0.40 %
Mastercard Qual American Express OptBlue has Program Pricing and not
Debit 0.20 % Visa Qual Debit 0.20 % Discover Network Qual Debit 0.20 % Interchange and are subject to change.
Other Item Rate $________ (per item) Qual ________% Other Item Rate $________ (per item)
✔ In-Person Warranty ✔ Mail Order Warranty ✔ Single Hold Check Warranty ✔ Multiple Hold Check Warranty ✔ In-Person Paper Warranty ✔ C.O.D. Warranty
SE # ___ ___ ___ ___ ___ ___ ___ ___ Inquiry Rate ________% Per TXN Fee $________ Stmt/Processing Fee 5.00
$________ Dec. Risk Surcharge .10
________%
Monthly Minimum Fee $________ (Per Location) Customer Requested Operator Call (CROC) 2.50
$________ Unauthorized Return Fee 5.00
$________
Merchant Initials: Rg
________
Rg
DBA Name: _________________________________________________________________________
Coffeehuns Merchant #: _____________________________________
O_WF_R_2507 O_WF_R_2507
Month _______________
+5 Per item Monthly Annually Month __________ Per item Monthly Annually Month ____________
Pass Visa Staged Digital Wallet Fee ✔ Yes No Visa Staged Digital Wallet Fee Upcharge (Per Item) $_________
Pass Visa File Transmission Fee ✔ Yes No Visa File Transmission Transaction Fee Upcharge (Per Item) $_________
Pass Visa Acquirer Credit Voucher Data Processing Fee ✔ Yes No Visa Acquirer Credit Voucher Data Processing Fee Upcharge (Per Item) $_________
Pass Visa Acquirer Data Processing International Visa Acquirer Data Processing International
Return Fee Credit: ✔ Yes No Return Fee Credit Upcharge (Per Item) $_________
Pass Visa Acquirer Data Processing International Visa Acquirer Data Processing International
Return Fee Debit: ✔ Yes No Return Fee Debit Upcharge (Per Item) $_________
Pass Visa AFD Non Participation Fee ✔ Yes No Visa AFD Non Participation Fee Upcharge (Per Item) $_________
Pass Visa International Acquirer Processing Fee Credit ✔ Yes No Pass Visa International Acquirer Processing Fee Debit ✔ Yes No
Pass Visa Account Verification International,
Credit and Debit Fee Yes No
✔
✔
Pass Visa APF Domestic Debit Auth Reversal Fee ✔ Yes No Pass Visa APF Domestic Credit Auth Reversal Fee ✔ Yes No
Pass Visa APF International Debit Auth Reversal Fee ✔ Yes No Pass Visa APF International Credit Auth Reversal Fee ✔ Yes No
Pass Visa Data Consistency Domestic Fee ✔ Yes No Pass Visa Excessive Auth Attempts Domestic & Cross Border Fee ✔ Yes No
Pass Visa Fallback US Fee ✔ Yes No Visa Fallback US Fee Upcharge (Per Item) $_________
Pass Visa Network Acquirer Processing (NAPF)
Reversal Fees ✔ Yes No
Pass Visa Consumer BillPay Participation Fee (Per Item) $_________ Visa Consumer BillPay Participation Fee Upcharge (Per Item) $_________
Pass Visa Address Verification Fee US ✔ Yes No Visa Address Verification Service Fee US Upcharge (Per Item) $_________
Pass Discover Card Account Verification Fee ✔ Yes No Discover Card Account Verification Fee Upcharge (Per Item) $_________
Pass Discover Network Auth Fee ✔ Yes No Discover Network Auth Fee Upcharge (Per Item) $_________
Pass Discover Program Integrity Fee ✔ Yes No Discover Program Integrity Fee Upcharge (Per Item) $_________
Pass Discover Account Verification Service Fee ✔ Yes No Discover Account Verification Service Fee Upcharge (Per Item) $_________
O_WF_R_2507
Rg
Merchant Initials: ________
Rg
Coffeehuns
DBA Name: _________________________________________________________________________ Merchant #: _____________________________________
O_WF_R_2507 O_WF_R_2507
Pass Discover Address Verification Service Fee ✔ Yes No Discover Address Verification Service Fee Upcharge (Per Item) $_________
Pass Discover Digital Investment Fee ✔ Yes No Discover Digital Investment Fee Upcharge (Sales Volume) _________%
Pass Discover Ticket Retrieval Fee ✔ Yes No Discover Ticket Retrieval Fee Upcharge (Per Item) $_________
Pass Discover Dispute Fee (Per Item) $_________ Discover Retrieval Fee (Per Item) $_________
Pass PayPal Participation Authorization Fee ✔ Yes No PayPal Participation Authorization Fee Upcharge (Sales Volume) _________%
Pass American Express OptBlue Network Fee ✔ Yes No American Express OptBlue Network Fee Upcharge (Sales Volume) _________%
Pass American Express OptBlue Acquirer Transaction Fee ✔ Yes No American Express OptBlue Acquirer Transaction Fee Upcharge (Per Item) $_________
Pass American Express OptBlue Dispute Fee ✔ Yes No American Express OptBlue Dispute Fee Total (Per Item) $_________
Pass American Express OptBlue Retrieval Fee ✔ Yes No American Express OptBlue Retrieval Fee Total (Per Item) $_________
Pass Mastercard Processing Integrity Fee Pre Auth ✔ Yes No Mastercard Processing Integrity Fee Pre Auth Upcharge (Per Item) $_________
Pass Mastercard Processing Integrity Fee Undefined Auth ✔ Yes No Mastercard Processing Integrity Fee Undefined Auth Upcharge (Per Item) $_________
Pass Mastercard Processing Integrity Fee Final Auth % ✔ Yes No Pass Mastercard Processing Integrity Fee Final Auth Minimum Per Item ✔ Yes No
Pass Mastercard Processing Integrity Message Mastercard Processing Integrity Message
Format Error Fee ✔ Yes No Format Error Fee Upcharge (Per Item) $_________
Pass Mastercard Processing Integrity Image Fee ✔ Yes No Mastercard Processing Integrity Image Fee Upcharge (Per Item) $_________
Pass Mastercard BIN/ICA Fee
(Note: this fee can be used for Shared Systems Only) ✔ Yes No Mastercard BIN/ICA Fee Upcharge (Per Item) $_________
Pass Mastercard Kilobyte Clearing US Fee ✔ Yes No Mastercard Kilobyte Clearing US Fee Upcharge (Per Item) $_________
Pass Mastercard Decline Service Fee US ✔ Yes No Mastercard Decline Service Fee US Upcharge (Per Item) $_________
Pass Mastercard Kilobyte Auth US Fee ✔ Yes No Mastercard Kilobyte Auth US Fee Upcharge (Per Item) $_________
Pass Mastercard ICA AVS Fee ✔ Yes No Mastercard ICA AVS Fee Upcharge (Per Item) $_________
Pass Mastercard Digital Enablement Fee ✔ Yes No Mastercard Digital Enablement Fee Upcharge (Sales Volume) _________%
Pass Mastercard Business to Business US Fee ✔ Yes No Mastercard Business to Business US Fee Upcharge (Sales Volume) _________%
Pass Mastercard SecureCode Transaction Fee ✔ Yes No Mastercard SecureCode Transaction Fee Upcharge (Flat Rate) $_________
Pass Mastercard Location Fee ✔ Yes No Mastercard Location Fee Upcharge (Flat Rate) $_________
Pass Mastercard ACQ Interchange Downgrade Fee ✔ Yes No Mastercard ACQ Interchange Downgrade Fee Upcharge (Per Item) $_________
Pass Mastercard Excessive Auth Attempts US Fee ✔ Yes No Mastercard Excessive Auth Attempts US Fee Upcharge (Per Item) $_________
Pass Mastercard ACQ Freight Program Fee ✔ Yes No Mastercard ACQ Freight Program Fee Upcharge (Sales Volume) _________%
Pass Mastercard Credential Continuity Fee ✔ Yes No Mastercard Credential Continuity Fee Upcharge (Per Item) $_________
Pass Mastercard Nominal Auth Amount US Fee ✔ Yes No Mastercard Nominal Auth Amount US Fee Upcharge (Per Item) $_________
Pass Mastercard Merchant Advice Code US Fee ✔ Yes No Mastercard Merchant Advice Code US Fee Upcharge (Per Item) $_________
Pass Retrieval Received Fax/Mail Fee ✔ Yes No Retrieval Received Fax/Mail Fee Upcharge (Per Item) $_________
Pass Chargeback Received Fax/Mail Fee ✔ Yes No Chargeback Received Fax/Mail Fee Upcharge (Per Item) $_________
Pass Retrieval Outgoing Fax/Mail Fee ✔ Yes No Retrieval Outgoing Fax/Mail Fee Upcharge (Per Item) $_________
Pass Chargeback Outgoing Fax/Mail Fee ✔ Yes No Chargeback Outgoing Fax/Mail Fee Upcharge (Per Item) $_________
Pass Visa Accept/No Accept Fee ✔ Yes No Visa Accept/No Accept Fee Upcharge (Per Item) $_________
Pass Visa Accept 0-20 US Fees ✔ Yes No Visa Accept 0-20 US Fees Upcharge (Per Item) $_________
Pass Visa Dispute Accept 21-25 Fee ✔ Yes No Pass Visa Merchant Response 0-20 Fee ✔ Yes No
Pass Visa Dispute Accept 26-30 Fee ✔ Yes No Pass Visa Merchant Response 21-25 Fee ✔ Yes No
Pass Visa Dispute No Acceptance Fee ✔ Yes No Pass Visa Merchant Response 26-30 Fee ✔ Yes No
Pass Visa Retrieval Fulfillment Fee ✔ Yes No Pass Visa Case Filing Fee ✔ Yes No
Pass Visa Retrieval Non-Fulfillment Fee ✔ Yes No Pass Visa Lost Case Filing Fee ✔ Yes No
Pass Mastercard Accept/No Accept Fee ✔ Yes No Mastercard Accept/No Accept Fee Upcharge (Per Item) $_________
Pass Mastercard Case Filing Fee ✔ Yes No Pass Mastercard Case Withdrawal Fee ✔ Yes No
O_WF_R_2507
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Merchant Initials: ________
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Coffeehuns
DBA Name: _________________________________________________________________________ Merchant #: _____________________________________
O_WF_R_2507 O_WF_R_2507
Pass Discover Accept/No Accept Fee ✔ Yes No Discover Accept/No Accept Fee Upcharge (Per Item) $_________
Pass American Express Accept/No Accept Fee ✔ Yes No American Express Accept/No Accept Fee Upcharge (Per Item) $_________
Pass Dispute Case Mastercard DMS Fee ✔ Yes No Dispute Case Mastercard DMS Fee Upcharge (Per Item) $_________
Pass Dispute Image Mastercard DMS Fee ✔ Yes No Pass Mastercard Presentment Excessive Pages Fee ✔ Yes No
Pass Dispute Image Visa DMS Fee ✔ Yes No Dispute Image Visa DMS Fee Upcharge (Per Item) $_________
Pass Visa Pre-Compliance Image Fee ✔ Yes No Pass Visa Incoming Pre-Dispute DMS Fee ✔ Yes No
Pass Visa Late Response to Dispute Fee ✔ Yes No Visa Late Response to Dispute Fee Upcharge (Per Item) $_________
Pass Mastercard Late Response to Dispute Fee ✔ Yes No Mastercard Late Response to Dispute Fee Upcharge (Per Item) $_________
Pass Discover Late Response to Dispute Fee ✔ Yes No Discover Late Response to Dispute Fee Upcharge (Per Item) $_________
Pass American Express Late Response to Dispute Fee ✔ Yes No American Express Late Response to Dispute Fee Upcharge (Per Item) $_________
Pass STAR Debit Network Annual Fee ✔ Yes No STAR Debit Network Annual Fee Upcharge (Flat Rate) $_________
Pass Pulse Debit Network Annual Fee ✔ Yes No Pulse Debit Network Annual Fee Upcharge (Flat Rate) $_________
Pass NYCE Debit Network Annual Fee ✔ Yes No NYCE Debit Network Annual Fee Upcharge (Flat Rate) $_________
Pass Accel Debit Network Annual Fee ✔ Yes No Accel Debit Network Annual Fee Upcharge (Flat Rate) $_________
Pass Culiance Network Annual Fee ✔ Yes No Culiance Network Annual Fee Upcharge (Flat Rate) $_________
Pass Interlink System Integrity Fee ✔ Yes No Pass Interlink EMV Fallback Fee ✔ Yes No
Pass NACHA Unauthorized Entry Fee (Per Item) $_________ NACHA Unauthorized Entry Fee Upcharge (Per Item) $_________
Clover Security Plus (Flat Rate per month) $_________ PCI Rapid Comply (Flat Rate per month) $_________
PCI Rapid Comply
(Compliance) & Liability Waiver (Flat Rate per month) $_________ Merchant Opted Out Yes
Data Protection Only (Flat Rate per month) $_________ Clover Security Essentials (Flat Rate per month) $_________
Pass PCI Non Compliance Fee (Monthly) (Flat Rate) $_________ TransArmor Terminal (Flat Rate) $_________
Main Street Insights Fee (per MID) (Flat Rate) $_________ Clover Go Monthly Fee (per MID) (Flat Rate) $_________
9.95
O_WF_R_2507
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Merchant Initials: ________
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DBA Name: _________________________________________________________________________
Coffeehuns Merchant #: _____________________________________
O_WF_R_2507 O_WF_R_2507
Network (Front End): Omaha North Nashville Buypass
Do you use any third party to store, process or transmit cardholder data? Yes No
If yes, identify the Third Party Processor used: 00 None 01 Yahoo 02 Authorize.net 03 Cybersource 04 Verifone 05 Merchant Link 06 Shift 4
08 FIS 09 Six Payment Services Corp 10 Verisign 99 Other (please specify) _______________________________
First Data Global Gateway Other: _______________________________________________________________________________________
Wireless Network:__________________________________________________________________________________________________________________________________
PC/Internet Software ______________________________________________ Quantity ______________ New Rent Purchase1 Lease2 Existing
Terminal Model __________________________________________________ Quantity ______________ New Rent Purchase1 Lease2 Existing
Printer Model ____________________________________________________ Quantity ______________ New Rent Purchase1 Lease2 Existing
PIN Pad_________________________________________________________ Quantity ______________ New Rent Purchase1 Lease2 Existing
1 Clover Equipment Purchase Only: This is for information purposes only. Please refer to your equipment purchase agreement with POS Equipment Service Inc. for information and pricing and fees for
your equipment or hardware. You are not purchasing equipment from Processor and you acknowledge and agree that Processor will have no obligation or liability relating to such purchase of
equipment. Your purchase of equipment is subject to separate terms and conditions between you and the equipment seller.
2 See Equipment Lease Agreement for the Terms and Conditions governing your leased equipment.
695.00
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Client certifies that all information set forth in this completed Merchant Processing Application is true and correct and that Client has received a copy of the Program Guide
and Confirmation Page, which is part of this Merchant Processing Application (consisting of Sections 1-9), and by this reference incorporated herein. Client acknowledges
and agrees that we, our Affiliates and our third party subcontractors and/or agents may use automatic telephone dialing systems to contact Client at the telephone
number(s) Client has provided in this Merchant Processing Application and/or may leave a detailed voice message in the event that Client is unable to be reached, even if
the number provided is a cellular or wireless number or if Client has previously registered on a Do Not Call list or requested not to be contacted Client for solicitation
purposes. Client hereby consents to receiving commercial electronic mail messages from us, our Affiliates and our third party subcontractors and/or agents from time to
time. Client further agrees that Client will not accept more than 20% of its card transactions via mail, telephone or Internet order. However, if your Application is approved
based upon contrary information stated in Section 5, Transaction Information section above, you are authorized to accept transactions in accordance with the percentages
indicated in that section. This signature page also serves as a signature page to the TeleCheck Solutions Agreement appearing in the Third Party Section of the Program
Guide, if selected, the undersigned Client being You and Your for the purposes of the TeleCheck Solutions Agreement.
By signing below, each of the undersigned authorizes us, our Affiliates and our third party subcontractors and/or agents to verify the information contained in this
Application and to request and obtain from any consumer reporting agency and other sources, including bank references, personal and business consumer reports and
other information and to disclose such information amongst each other for any purpose permitted by law. If the Application is approved, each of the undersigned also
authorizes us, our Affiliates and our third party subcontractors and/or agents to obtain subsequent consumer reports and other information from other sources, including
bank references, in connection with the review, maintenance, updating, renewal or extension of the Agreement or for any other purpose permitted by law and disclose such
information amongst each other. Each of the undersigned furthermore agrees that all references, including banks and consumer reporting agencies, may release any and
all personal and business credit financial information to us, our Affiliates and our third party subcontractors and/or agents. Each of the undersigned authorizes us, our
Affiliates and our third party subcontractors and/or agents to provide amongst each other the information contained in this Merchant Processing Application and Agreement
and any information received subsequent thereto from all references, including banks and consumer reporting agencies for any purpose permitted by law. It is our policy
to obtain certain information in order to verify your identity while processing your account application.
As part of our approval, processing services, continuing fraud prevention and account review processes, the undersigned consents to the use of information gathered
online or that you submit to us, and/or automated electronic computer security screening, by us or our third party vendors.
Client authorizes FDMS and Bank and their affiliates to debit Clients designated bank account via Automated Clearing House (ACH) for costs associated with equipment
hardware, software and shipping.
You further acknowledge and agree that you will not use your merchant account and/or the Services for illegal transactions, for example, those prohibited by the Unlawful
Internet Gambling Enforcement Act, 31 U.S.C. Section 5361 et seq, as may be amended from time to time, or processing and acceptance of transactions in certain
jurisdictions pursuant to 31 CFR Part 500 et seq. and other laws enforced by the Office of Foreign Assets Control (OFAC). To help the government fight the funding of
terrorism and money laundering activities, Servicers obtain, verify, and record certain information including your full name, physical address, and any other information
needed for identity verification purposes while processing this MPA, as described in the USA Patriot Act.
Rhiannon
Signature ___________________________________ Title __________________
Rhiannon (Jan 15, 2025 14:15 PST) Owner First Data Merchant Services LLC
Print Name of Signer ___________________________
RHIANNON GOSS Date __________________
Jan 15, 2025 Signature _______________________________________ Title: _________________
Client authorizes its Financial Institution to pay and charge to its account the amount(s) due TeleCheck under this TeleCheck
Agreement and to accept all credits and debits made to its account by TeleCheck via electronic funds transfer in connection with TeleChecks services under this TeleCheck
Agreement. This authorization shall remain in effect until (30) thirty days after revoked in writing.
O_WF_R_2507
Part 1: Confirmation Page
Processor Name: First Data Merchant Services LLC
Information:
Address: 4000 NW 120th Avenue, Coral Springs, FL 33065
URL: merchants.fiserv.com Customer Service #: 1-800-858-1166
Please read the program guide in its entirety. It describes the terms under which we will provide merchant processing Services to you. From time to
time you may have questions regarding the contents of your Agreement with Bank and/or Processor or the contents of your Agreement with TeleCheck.
The following information summarizes portions of your Agreement in order to assist you in answering some of the questions we are most commonly
asked.
1. Your Discount Rates are assessed on transactions that qualify for 5. The Agreement limits our liability to you. For a detailed
certain reduced interchange rates imposed by Mastercard, Visa, description of the limitation of liability see Section 27, 37.3, and
Discover and PayPal. Any transactions that fail to qualify for these 39.10 of the Card General Terms; or Section 17 of the TeleCheck
reduced rates will be charged an additional fee (see Section 25 of the Solutions Agreement.
Program Guide). 6. We have assumed certain risks by agreeing to provide you with
2. We may debit your bank account (also referred to as your Card processing or check services. Accordingly, we may take
Settlement Account) from time to time for amounts owed to us under certain actions to mitigate our risk, including termination of the
the Agreement. Agreement, and/or hold monies otherwise payable to you (see
3. There are many reasons why a Chargeback may occur. Card Processing General Terms in Section 31, Term; Events of
When they occur we will debit your settlement funds or Settlement Default and Section 32, Reserve Account; Security Interest), (see
Account. For a more detailed discussion regarding Chargebacks see TeleCheck Solutions Agreement in Section 7), under certain
Section 14 of the Your Payments Acceptance Guide or see the circumstances.
applicable provisions of the TeleCheck Solutions Agreement. 7. By executing this Agreement with us you are authorizing us and
ourAffiliates to obtain financial and credit information regarding your
4. In consideration of the Services provided by us, you shall be businessand the signers and guarantors of the Agreement until all
charged, and hereby agree to pay us any and all fees set forth in this your obligations to us and our Affiliates are satisfied.
Agreement (for the purpose of clarity, this includes the Application and 8. The Agreement contains a provision that in the event you
any additional pricing supplements or subsequent communications), terminate the Agreement prior to the expiration of your initial 3
all of which shall be calculated and payable pursuant to the terms of year term, you will be responsible for the payment of an early
this Agreement and any additional pricing supplements or subsequent termination fee as set forth in Part 4, A.3 under “Additional Fee
communications. If you dispute any charge or funding, you must notify Information” and Section 16.2 of the TeleCheck Solutions
us within 60 days of the date of the statement where the charge or Agreement.
funding appears for Card Processing or within 30 days of the date of a 9. For questions or concerns regarding your merchant account,
TeleCheck transaction. contactcustomer service at the number located on your Merchant
Services Statement.
By its signature below, Client acknowledges that it has received the Merchant Processing Application, Program Terms and Conditions consisting of 54
pages including this Confirmation Page and the applicable Third Party Agreement(s).
Client further acknowledges reading and agreeing to all terms in the Program Terms and Conditions. Upon receipt of a signed facsimile or original of this
Confirmation Page by us, Client’s Application will be processed.
No alterations or strike-outs to the program terms and conditions will be accepted.
Client’s Principal Signature:
(Please sign below)
Title Date
RHIANNON GOSS
Please Print Name of Signer
Page 2 of 54
O_WF_R_2601.2
Non-Cancelable Equipment Finance Lease Agreement
(“LESSOR”) Between Cascade Equipment Leasing (“Lessor”) and Guarantor identified below
Mailing address: 200 Continental Drive, Suite 401, Newark, DE VENDOR NAME VENDOR CODE LEASE NUMBER
For Lessor Office Use Only
19713 Website: www.cascadeleasing.com Phone: 1-866-680-2320
LOCATION OF EQUIPMENT (Address, Street, City, State, Zip) if different from above)
LEASE ACCEPTANCE
Do not sign until you have read, understood, and agreed to the Terms and Conditions on all 2 pages of this Lease. No attempt at oral modification or rescission of this lease or any term thereof
will be binding upon the parties. See Section 17 on Page 2 hereof. BY SIGNING THIS LEASE, THE UNDERSIGNED LESSEE ACKNOWLEDGES READING ALL 2 PAGES OF THIS LEASE,
THAT ALL BLANK TERMS ON PAGE 1 WERE FILLED IN AT THE TIME OF SIGNING, THAT LESSEE HAS BEEN GIVEN A COPY OR AN OPPORTUNITY TO MAKE A COPY OF THE
LEASE AND THAT LESSEE AGREEES TO BE BOUND BY ALL THE TERMS OF THIS LEASE.
Rhiannon
Rhiannon (Jan 15, 2025 14:15 PST) Owner RHIANNON GOSS Jan 15, 2025
Lessee’s Authorized Signature Title Print Name Date
PERSONAL GUARANTY
To induce Lessor to enter into this Lease and purchase the Equipment for Lessee from Vendor and knowing that Lessor is relying on this guaranty as a condition to entering into this Lease, I, the
undersigned (“Guarantor”), individually, absolutely and unconditionally guaranty to Lessor the prompt payment when due of all of Lessee’s obligations to Lessor under the Lease irrespective of any
other circumstance which might otherwise constitute a defense to the Lease and/or this guaranty. Lessor shall not be required to proceed against Lessee or the Equipment or enforce any other remedy
before proceeding against me. I agree to pay all attorney’s fees and other expenses Lessor incurs in enforcing any term of this guaranty and this Lease, including but not limited to the forum selection
clause set forth in this guaranty, and in connection with any Dispute (defined below). I consent to any extension or modification granted to Lessee, and the release and/or compromise of any obligation
of Lessee or any other obligors and guarantors shall not in any way release me from my obligations under this guaranty. This is a continuing guaranty and shall bind my heirs, successors and assigns,
and may be enforced by or for the benefit of any assignee or successor of Lessor. I REPRESENT AND WARRANT THAT MY DECISION TO ENTER INTO THIS GUARANTY IS NOT BASED
ON ANY PROMISE MADE BY ANYONE, WHETHER WRITTEN OR ORAL, THAT IS NOT SET FORTH IN THIS LEASE AND GUARANTY AND I ACKNOWLEDGE THAT LESSOR
CLAIMS TO BE DUE FROM ME UNDER THIS GUARANTY, SHALL BE LITIGATED EXCLUSIVELY IN THE CHANCERY COURTS OF DELAWARE, or the federal courts located in
DELAWARE, notwithstanding that other courts may have jurisdiction over the parties and the subject matter, and I freely consent to the jurisdiction of such courts. THE LAWS OF THE STATE OF
DELAWARE SHALL APPLY TO ANY DISPUTE BETWEEN THE PARTIES. I understand that the cost of litigating in Delaware may be in excess of the amount at stake in the litigation. Nonetheless,
I waive any objection that such courts are an inconvenient forum or venue, irrespective of the actual amount at issue. Lessor may properly serve me with legal process via certified mail to my address
set forth herein or to my current or last known address, and upon such mailing, service shall be effective irrespective of whether a signed certified mail return receipt is returned to Lessor. I agree to
promptly notify you of any change of my address and that of the Lessee. I VOLUNTARILY AND FREELY WAIVE TRIAL BY JURY IN CONNECTION WITH ANY DISPUTE. I agree not to
pursue a claim against Lessor, its assigns or servicing agents, as a lead plaintiff, class representative or as part of a class action or other representative action. Any permitted cause of action I may have
against Lessor, its assignee, its servicing agent or their employees and attorneys, must be commenced within one year from the accrual of that cause of action. I expressly authorize Lessor or its servicing
agents or assigns continuing authority to obtain one or more consumer credit reports from a credit bureau or credit reporting agency and to conduct one or more credit checks concerning my credit
history. I acknowledge that Lessor may furnish information relating to this Lease and Guaranty to one or more credit reporting agencies. If I believe that any information that Lessor furnishes to a credit
reporting agency is inaccurate, I will notify Lessor of that inaccuracy in writing, at 200 Continental Drive, Suite 401, Newark, DE 19713. I understand that upon my request, Lessor will inform me
whether or not a credit report was requested, and if such report was requested, of the name and address of the consumer reporting agency that furnish the report. I expressly consent to receive: (1)
telephone calls on a recorded line, including but not limited to collection calls and/or telemarketing calls regarding offer by or on behalf of the Lessor, its assignee, or its servicing agent, via automated
technology to the telephone number(s) (including wireless numbers) which I provide to the Lessor, or which I use to call Lessor or its assignee, or which Lessor learns about through other means,
including but not limited to reports provided by credit reporting agencies and other similar services; and (2) e-mails and text messages, including but not limited to collection messages and/or marketing
or advertising messages regarding offers by or on behalf of the Lessor, to the e-mail address or telephone number which I provide to the Lessor. In the event the telephone number(s) or e-mail address
which I have provided are changed or relinquished by me, I agree to promptly notify the Lessor of any such changes. BY SIGNING BELOW, I ACKNOWLEDGE THAT I HAVE READ THIS
GUARANTY AND ALL 2 PAGES OF THE LEASE, THAT ALL BLANKS ON PAGE 1 AND 2 WERE FILLED IN AT THE TIME OF SIGNING, THAT I HAVE BEEN GIVEN A COPY OR AN
OPPORTUNITY TO MAKE A COPY AND THAT I AGREE TO BE BOUND BY ALL THE TERMS OF THIS GUARANTY AND LEASE. I understand that I may consult an attorney or other
advisor before signing this Guaranty and Lease. I agree that electronic signatures and signatures exchanged by facsimile or e-mail shall have the same force and effect as an ink signature.
Rhiannon
Rhiannon (Jan 15, 2025 14:15 PST) RHIANNON GOSS 539396440
Guarantor’s Signature Print Name Social Security No.
18439 11th Ave CT E Spanaway WA 98387 253-217-6603 253-217-6603
Home Address City State Zip Home Phone No. Cell Phone No.
Page 1 of 3
TERMS AND CONDITIONS
Please take your time and carefully read all 2 pages of this Equipment Finance Lease Agreement (“Lease”) so that you fully understand its terms. You may consult with an attorney or other advisor before signing this Lease, and you
may feel free to contact Lessor with any questions you may have. We use the words “you” and “your” to mean the Lessee and Guarantor listed above, and the words “we”, “us”, and “our” to refer to the Lessor listed on the face of the
Lease. The term Lessor shall include its designees, servicing agents, successors and assigns. The term Vendor shall refer to the Vendor identified on the face of the Lease and its sales agents marketing this Lease Equipment to you.
1 PURCHASE OF EQUIPMENT; TITLE. We agree to purchase from the Vendor the equipment described on page 1 (the “Equipment”) under the terms set forth in this Lease. So long as you
are not in default under any of the terms of this Lease, we will not interfere with your quiet use and enjoyment of the Equipment. We shall at all times retain title to the Equipment. You are not
authorized to release the Equipment to any third-party, including the Vendor, without our express written consent, and you shall maintain the Equipment in good operating condition, normal
wear and tear excepted. You shall not remove the Equipment from the location shown herein without our written consent, which shall not be unreasonably withheld.
2 AUTHORIZATION FOR AUTOMATIC WITHDRAWAL OF PAYMENTS. You authorize us to automatically withdraw your monthly lease payment and any other amounts due, or
otherwise payable by you under this Lease, by initiating via the Automatic Clearing House (“ACH”) system debit entries to your account at the bank listed on page 1 or at such other bank or
financial institution that you may provide us with from time to time (“Account”). You acknowledge that your Account is established for business purposes only and not for personal, family, or
household purposes. In the event of a default of your obligations hereunder you authorize us to debit your Account for the full amount provided for under this Lease without any further notice. You
understand that the foregoing ACH authorization and your obligation to pay any amounts provided for under this Lease shall survive the expiration or termination of this Lease. You further
understand that the foregoing authorization is a fundamental condition to induce us to accept this Lease. Consequently, such authorization is intended to be irrevocable. In the event that you
purport to terminate such authorization, we, in our sole discretion, may invoice you for payments due under this Lease and impose a processing fee of $5.00 per month. In the event that you make
any payment due hereunder by credit card, you authorize us to charge that same credit card for any subsequent payments that become due and which are not collected via ACH, which authorization
shall survive the expiration or termination of this Lease. You acknowledge that the monies we collect from this processing fee may provide us with a profit.
3 NO CANCELLATION. YOU CANNOT CANCEL THIS LEASE DURING THE LEASE TERM FOR ANY REASON. YOU DO NOT HAVE A FREE TRIAL PERIOD. Your duty
to make the monthly lease payments is absolute, unconditional, and irrevocable and is not subject to any offset, deduction, defense, or counterclaim, notwithstanding that the
Equipment is damaged or lost, or you no longer use, need, or want the Equipment, or your return the Equipment to us (except as provided in Section 13 on page 2 of this Lease), or
for any other reason. YOU REPRESENT AND WARRANT THAT YOUR DECISION TO ENTER INTO THIS LEASE IS NOT BASED ON ANY PROMISE MADE BY ANYONE,
WHETHER WRITTEN OR ORAL, THAT IS NOT SET FORTH IN THIS LEASE, AND YOU ACKNOWLEDGE THAT LESSOR IS RELYING ON THAT
REPRESENTATION IN PURCHASING THE EQUIPMENT AND ENTERING INTO THIS LEASE.
4 NO WARRANTIES. WE ARE LEASING THE EQUIPMENT TO YOU “AS IS”. WE HAVE MADE NO REPRESENTATION, GUARANTEE, OR WARANTY, EXPRESS OR
IMPLIED (INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE) REGARDING THE
EQUIPMENT. WE DISCLAIM ALL SUCH REPRESENTATIONS, WARRANTIES, OR GUARANTEES OF ANY KIND. IF THE EQUIPMENT DOES NOT WORK AS REPRESENTED BY
THE VENDOR OR ANY OTHER PERSON, OR IF THE EQUIPMENT IS NOT PROPERLY INSTALLED OR IS UNSATISFACTORY FOR ANY OTHER REASON, YOU WILL MAKE ANY
CLAIM THEREON SOLELY AGAINST THE VENDOR OR SUCH OTHER PERSON AND YOU WILL NOT MAKE ANY CLAIM AGAINST US, AND YOU WILL CONTINUE TO BE
OBLIGATED TO MAKE ALL PAYMENTS DUE UNDER THIS LEASE. WE WILL NOT BE LIABLE FOR ANY LOSS OR INJURY TO YOU OR ANY OTHER PERSON OR
PROPERTY (INCLUDING WITHOUT LIMITATION, LOST PROFITS AND CONSEQUENTIAL, INCIDENTAL, OR SPECIAL DAMAGES) CAUSED BY THE EQUIPMENT OR ITS
FAILURE TO OPERATE PROPERLY. 5 NON-CONSUMER FINANCE LEASE. We and you intend this Lease to be a “Finance Lease” as defined in Article 2A of the Uniform Commercial
Code (“UCC”). You acknowledge that we do not manufacture or license the Equipment, nor did we select it for you. You selected the Equipment from the Vendor based upon your own judgment.
You are aware that leasing the Equipment may be more expensive than purchasing the same Equipment outright. You may have rights or warranties under a supply contract for the Equipment, if
any. You may contact the Vendor or the manufacturer of the Equipment for a description of those rights or warranties. You acknowledge that the Equipment is being leased for commercial and
lawful purposes only and not for personal, family, or household purposes. You further agree that you are not a “consumer” with respect to this Lease, and neither this Lease, nor any guaranty thereof,
shall be construed as a consumer transaction or as a “consumer lease”.
6 LEASE COMMENCEMENT; INTERIM RENT; RECEIPT AND ACCEPTANCE OF EQUIPMENT. The Lease shall commence upon lease signing. Your monthly payments are due on
the date assigned to you following commencement date. In addition, if the Commencement Date is other than the first day of a calendar month, then you shall pay to us on the Commencement Date, in
addition to all other sums due hereunder, (a) an amount equal to one thirtieth of the total monthly payment due or to become due hereunder multiplied by the number of days from and including the
Commencement Date to the end of the calendar month in which the Commencement date occurs (“Interim Rent”) and (b) your monthly payment in advance for the first full month of the Lease. In
the event that you have paid the first and last monthly lease payments without applicable taxes or other charges hereunder, we may add such taxes or other charges to the first or a subsequent ACH
transfer from your Account. You acknowledge that no interest will be paid on any advance lease payments. Upon your receipt of the Equipment, we may contact you by telephone or other means
and/or obtain a Delivery and Acceptance Receipt from you acknowledging the same, along with any additional written acknowledgments, as we may believe are commercially reasonable and
necessary to effectuate this transaction. After the Commencement Date, we will send a copy of the fully executed Lease to you and the Guarantor.
7 ASSIGNMENT; CHATTEL PAPER. We may assign or transfer this Lease or our interest in the Equipment without notice to you. Any such assignment may be memorialized in a Bill of Sale
and Assignment which shall constitute proof of such assignment. Any assignee of ours shall have all of the rights, including but not limited to the rights set forth in Section 2 on Page 2 hereof, but
none of our obligations under this Lease, and you agree that you will not assert against any assignee of ours any defense, counterclaim or offset. You shall not assign this Lease or in any way dispose
of all or any part of your rights or obligations under this Lease or enter into any sublease for all or any part of the Equipment without our prior written consent. The one copy of this Lease that is
executed by us in the only copy that shall constitute chattel paper for purposes of the UCC.
8 NET LEASE; TAXES; FEES. You agree that the lease payments payable hereunder by you are not to be net to us. You agree to pay us in advance of or reimburse us for all sales, use, excise,
personal property, stamp, documentary and ad valorem taxes, license and registration fees, assessments, fines, penalties and similar charges including, but not limited to, UCC filing, recording and
re-recording fees, imposed on or incurred by us, for the ownership, use, or possession of the Equipment during the Lease Term and during any monthly renewal period thereafter (see Section 13), or
for the lease payments hereunder (except our Federal or State income taxes), plus an administrative tax processing fee in the amount of $25.00 per each calendar year, or portion of the calendar year,
occurring during the Lease Term or under the monthly renewal period thereafter, if any. We may collect such fees through ACH debits to your Account, either during the Lease Term or after the
expiration of the Lease. You acknowledge that the monies we collect from this administrative tax processing fee may provide us with a profit. We may estimate the amount of the taxes and charge
you in advance for such total amount through ACH debits or otherwise, or we may charge you with a proportional amount with each monthly lease payment hereunder. In the event the estimate is
lower than the amount of the actual taxes, you agree to pay the difference. In the event the estimate is higher than the actual taxes, we will refund the difference, unless the amount is less than $10
in which event you hereby authorize us to keep the difference as an additional administrative tax processing fee. You acknowledge that taxes and related administrative tax processing fee may be
collected prior to payment of those taxes to a taxing authority. Unless otherwise agreed to in writing, we shall file required personal property tax returns with respect to the Equipment.
9 INDEMNITY. You shall and do hereby agree to indemnify and save and hold us harmless from any and all liability, damage or loss, including reasonable attorney’s fees, arising out of the
operation, control, use, condition (including but not limited to latent and other defects, whether or not discoverable by you), maintenance, delivery and return of the Equipment. The indemnity shall
continue in full force and effect notwithstanding the expiration or termination of the Lease.
10 RISK OF LOSS. You shall assume the entire risk and loss, damage or destruction of the Equipment from any and every cause whatsoever (herein referred to as a “Loss”) during the term of this
Lease and thereafter until or acceptance of the Equipment redelivered to us. In the event of a Loss of any item of Equipment, you shall promptly notify us of the Loss and at your expense and at our
option, you shall either (a) repair such item, returning it to its previous condition, unless damaged beyond repair, (b) pay us (except to the extent of any proceeds of insurance provided by you which
we shall have received as a result of such Loss) for the replacement value of the Equipment which we estimate and you agree shall be ten percent (10%) of the aggregate Base Monthly Lease
Payments for the Lease Term if the Lease Term is forty-eight (48) months or more; fifteen percent (15%) of the aggregate Base Monthly Lease Payments for the Lease Term if the Lease Term is
thirty-six (36) to forty-seven (47) months; twenty percent (20%) of the aggregate Base Monthly Lease Payments for the Lease Term if the Lease Term is twenty-four (24) to thirty-five (35) months;
and twenty-five (25%) of the aggregate Base Monthly Lease Payments for the Lease Term if the Lease Term is twenty-three (23) months or less (“Replacement Value”), (c) replace such item with a
like item acceptable to us, in good condition and of equivalent value, which shall become our property, included within the term “Equipment” as used herein, and leased from us herewith for the
balance of the full term of this Lease, or (d) pay us all accrued and unpaid monthly lease and other payments, late charges and interest, plus the Replacement Value of the Equipment. The
obligation to continue making all monthly and other payments due under this Lease shall continue following a Loss, as if there had been no Loss, except in the case of option (d) above, in which case,
your obligations to make monthly lease payments shall terminate.
11 INSURANCE. You shall keep the Equipment insured against all risks and Loss at your expense for not less than the sum of the remaining monthly lease payments plus the full Replacement
Value thereof. All such insurance shall be in form and with companies satisfactory to us and shall name us and our assignee(s) as Loss Payee as our interest may appear with respect to property
damage coverage and require that the insurer give us at least ten (10) days written notice prior to the effective date of any modification or collation thereof. You may be able to add this insurance
coverage to your existing commercial policy and should contact your insurance carrier or broker for that information. You shall deliver to us satisfactory evidence of insurance coverage required
hereunder showing that the insurance required by the first sentence of this section is in place throughout the term of this Lease and any monthly renewal period thereafter. The proceeds of such
insurance payable as a result of a loss shall be applied to satisfy your obligation as set forth in Section 10 above. Until such time as you provide us with satisfactory evidence of insurance
coverage as required under this section, and during any other time that you have not provided us with satisfactory evidence that such insurance is in force, you agree to purchase a Loss and
Damage Waiver, at the price of $5.95 per unit of equipment, which we may collect through ACH debits to your Account. The Loss and Damage Waiver fee is not calculated based on our actual
exposure and shall not be considered insurance, a replacement for insurance or payment for insurance as the payment of the fee provides no coverage. Such payment does not relieve You of
Your responsibility to obtain insurance. You acknowledge that the monies we collect from this Loss and Damage Waiver may provide us with a profit.
Page 2 of 3
12 EVENT OF DEFAULT; REMEDIES; CLAIMS. If any one of the following events (each a “Default”) shall occur, then to the extent permitted by applicable law, we shall have the right
to exercise any one or more of the remedies set forth below: (i) you fail to pay any lease payment or any other payment hereunder when due; (ii) you fail to perform or comply with any of the
other terms, covenants, or conditions of this Lease; (iii) you or any Guarantor becomes the subject of a bankruptcy or insolvency proceeding, undergoes a change of control, cease to exist, suffer
a material adverse change in financial condition or operations; or (iv) you fail to return the Equipment at the end of the Lease Term if You have chosen that option. If a Default occurs, we may
do any or all of the following at our options: (a) cancel this Lease and declare immediately due and payable and recover from you, by legal action, ACH debit or otherwise, as amount equal to
the sum of (1) the amount of all lease and other payments, the due dates of which has passed but remain unpaid hereunder, (2) the present value, using a discount rate of 4%, of all other lease
payments scheduled to come due until the end of the Term, (3) all other amounts due under this Lease, (without duplication of amounts referred to in clauses (1), (2), (4) and (5), of this section),
(4) our collection costs, including without limitation reasonable attorney’s fees which you and we agree shall be no less than twenty-five percent (25%) of the total amount of the claim, and (5)
the Replacement Value of each piece of Equipment you fail to return to us; and/or (b) exercise any other right or remedy available at law or in equity. We may, but shall have no duty to, repossess
and remarket the Equipment or otherwise mitigate any damages relating to the Equipment. All rights and remedies set forth above are cumulative and may be enforced concurrently. You and we
acknowledge the difficulty in establishing a value for the unexpired lease term and owing to such difficulty agree that the provisions of this section represent an agreed measure of damages
and are not to be deemed a forfeiture or penalty. Any delay or failure to enforce our rights hereunder will not prevent us from enforcing any rights at a later time.
13 END OF LEASE TERM OPTIONS. At the expiration of the Lease Term or monthly renewal period as described in this section, provided that you are not in default, you have the
following options: (a) you may return the Equipment, freight prepaid, to us within ten (10) days of the expiration of the Lease Term or monthly renewal period and pay us a $150 restocking
fee provided that the Equipment is in good condition and in working order, normal wear and tear excepted; or (b) provided that you notify us in writing within thirty (30) days prior to the
expiration of the Lease Term or monthly renewal period that you wish to exercise this option, you may purchase the Equipment on an AS-IS, WHERE-IS basis for its Replacement Value which
amount shall be due at the expiration of the Lease Term or monthly renewal period. If you do not provide us with thirty (30) days’ written notice of your intention to exercise option (b) above, or
if you fail to return the Equipment to us within ten (10) days of the expiration of the Lease Term or monthly renewal period, this Lease shall thereupon be extended on a month-to-month basis
at the same monthly lease payment and upon the same terms and conditions set forth herein, including your End of Lease Term Option set forth in this section. If you paid the last monthly
lease payment at the time of signing this Lease, such payment shall be applied (without interest) to the last monthly lease payment upon your return of the Equipment to us provided that no
other sums are owing by you to us under the Lease, in which event we may apply such payment to any such amount outstanding. By exercising either option above, your obligation to make
monthly lease payments for the Equipment shall terminate. However, the exercise of any option in this section will not extinguish any other payment obligations arising under this Lease,
including but not limited to, the obligation to pay taxes and fees under Section 8 above. You acknowledge that the monies we collect for the restocking fee may provide us with a profit.
14 LATE PAYMENTS; COLLECTION COSTS. Whenever you do not make any payment in full when due under this Lease, you agree to pay us, in addition to any of the other remedies
provided in this Lease, a late fee in an amount equal to eighteen percent (18%) of the full payment, but only to the extent allowed by law. Late fees shall be applied to each unpaid amount due
under this Lease until such time, if any, that we declare all amounts immediately due and payable in accordance with Section 12. You will also pay us a processing charge of $20.00 for each
returned check, each rejected ACH debit, or each returned credit card charge plus all other reasonable collection costs we incur. Payments may first be applied to late fees and processing charges
and then your other obligations under this Lease.
15 GOVERNING LAW; CHOICE OF FORUM; WAIVER OF JURY TRIAL; LIMITATION ON ACTION; CONSENT TO RECEIPT OF TELEPHONE CALLS AND E-MAILS. This
Lease, and any an all Disputes (defined above in the Personal Guaranty section), shall be governed by the laws of the State of Delaware without regard to its conflict of law rules or principles.
ALL DISPUTES SHALL BE INSTITUTED AND PROSECUTED EXCLUSIVELY IN THE CHANCERY COURTS OF DELAWARE OR THE FEDERAL COURTS LOCATED IN
DELAWARE notwithstanding that other courts may have jurisdiction over the parties and the subject matter. You understand that the cost of litigating in Delaware, may be in excess of the
amount at stake in the litigation. Nonetheless, you waive any objection that such courts are an inconvenient forum or venue, irrespective of the actual amount at issue. YOU AND WE WAIVE,
INSOFAR AS PERMITTED BY LAW, TRIAL BY JURY OF ANY DISPUTE. We may properly serve you with legal process for any Dispute (described in Guaranty section on page 1) via
certified mail by mailing same to your Mailing Address set forth herein or to your current or last known address at the time of suit, and upon such mailing, service shall be effective irrespective
of whether a signed certified mail return receipt is returned to us. Any permitted cause of action you may have against Lessor, its assignee, its servicing agent or their employees or attorneys, must
be commenced within one year from the accrual of that cause or action. You and the Guarantor agree to pay our attorney’s fees and expenses incurred in connection with any Dispute, including
but not limited to a Dispute relating to the enforcement of the forum section clause contained in this section. To the extent permitted by applicable law, you agree not to pursue a claim against
Lessor, its assigns, its servicing agents or their employees or attorneys, as a lead plaintiff, class representative or as part of a class action or other representative action. You expressly consent to
receive: (1) telephone calls, including but not limited to collection calls and/or telemarketing calls regarding offers by or on behalf of the Lessor, its assignee, or its servicing agent, via
automated technology to the telephone number(s) (including wireless numbers) which I provide to the Lessor, or which I use to call Lessor or its assignee, via automated technology to the
telephone number(s) (including cellular telephone numbers) which you provide to the Lessor or which you use to call Lessor, its assignee or its servicing agencies and other similar services;
and (2) e-mails and text messages, including but not limited to collection messages and/or marketing or advertising messages regarding offers by or on behalf of the Lessor, to the e-mail
address or telephone number which you provide to the Lessor. In the event the telephone number(s) or e-mail address which you have provided are changed or relinquished by you, you agree
to promptly notify the Lessor of any such changes and you authorize Lessor to make telephone calls on a recorded line to such telephone numbers (including wireless numbers) via automated
technology.
16 SEVERABILITY. We and you intend this Lease to be a valid and subsisting legal instrument and agree that any provision of this Lease which may be deemed unenforceable shall be
modified to the extent necessary to render it enforceable and shall in no way invalidate any other provision or provisions of this Lease, all of which shall remain in full force and effect. No delay
by us in enforcing any rights under this Lease shall be interpreted as a waiver of such rights, and any payment obligation set forth in this Lease shall survive the expiration or termination of the
Lease. The section headings contained in this Lease are for convenience and easy reference only and shall not in any way affect the meaning or construction of any provision of this Lease. 17
NO AGENCY; ENTIRE AND FINAL AGREEMENT. You understand and agree that we are an entirely separate and independent company from the person and company marketing this
Lease and Equipment to you (“Vendor”), the manufacturer of the Equipment, and/or credit card processor for your merchant processing account, if any. The Vendor, the manufacturer of the
Equipment, and/or credit card processor, if any, are not our agent and are not authorized to; (i) make any promises on our behalf that are not set forth in writing in this lease; or (ii) waive or
alter any term or condition of this Lease. Any representations or promises made by the Vendor or its representative shall in no way affect your or our rights and obligation set forth in this
Lease, including your unconditional and irrevocable obligation to make the monthly lease payments and other payments as set forth herein. We do not provide merchant processing services and
this Lease does not cover any such services. Any arrangement you have or are contemplating making for a merchant processing account is entirely independent of this Lease, which alone
governs your and our rights and obligations concerning the Equipment and the obligations contained herein. Please refer to your agreement with your merchant processor, if any, or contact your
merchant processor’s representative to discuss the terms of your merchant processing arrangement. You understand that we will compensate the Vendor in connection with the execution of this
Lease, and that such compensation does not make the Vendor our agent. This Lease contains the entire and final expression of the agreement between you and us, and may not be waived,
altered, modified, revoked, or rescinded except by a writing signed by one of our executive officers. You and we agree that our acceptance and execution of the Lease at our office in Newark,
DE shall be the final act necessary for the formation of this Lease. All prior and/or contemporaneous oral and written representations are merged herein. No attempt at oral modification or
rescission or termination of this lease or any term thereof will be binding upon the parties. You and we agree that electronic signatures and signatures exchanged by facsimile or email shall have
the same force and effect as an ink signature.
Rg
Lessee’s Initials: Rg________
Page 3 of 3
SubscriptionAgreement
(“CASCADE”) Between Cascade Capital Group, LLC (“CASCADE”) and Guarantor identified
below
Mailing address: 200 Continental Drive, Suite 401, Newark, DE VENDOR NAME VENDOR CODE Agreement NUMBER
For Cascade Office Use
19713 Website: www.cascacapital.io Phone: 1-866-680-2320 Only
LOCATION OF EQUIPMENT (Address, Street, City, State, Zip) if different from above)
MONTHLY SUBSCRIPTION AMOUNT $ 59.00 __________, and Loss & Damage Waiver fee of $4.95 per month, if applicable, as provided in Section 11 of this Agreement for a
MINIMUM SUBSCRIPTION TERM of 48 __________
Mos. Months (“Agreement Term”). In addition, Subscriber will pay all applicable taxes and an annual administrative tax processing fee
of $25. Such taxes may be collected prior to payment to the taxing authority. Total payments are estimated to be the total number of months of the Minimum Agreement Term multiplied
by the Base Monthly Subscription Payment and Loss & Damage Waiver, plus applicable taxes and annual administrative tax processing fees. See Section 8 on page 2 for more details.
Rhiannon
Rhiannon (Jan 15, 2025 14:15 PST) Owner RHIANNON GOSS Jan 15, 2025
Subscriber’s Authorized Signature Title Print Name Date
PERSONAL GUARANTY
To induce Cascade to enter into this Agreement and purchase the Equipment for Subscriber from Vendor and knowing that Cascade is relying on this guaranty as a condition to entering into this Agreement,
I, the undersigned (“Guarantor”), individually, absolutely and unconditionally guaranty to Cascade the prompt payment when due of all of the subscribers’s obligations to Cascade under the Agreement
irrespective of any other circumstance which might otherwise constitute a defense to the Agreement and/or this guaranty. Cascade shall not be required to proceed against Subscriber or the Equipment or enforce
any other remedy before proceeding against me. I agree to pay all attorney’s fees and other expenses Cascade incurs in enforcing any term of this guaranty and this Agreement, including but not limited to the
forum selection clause set forth in this guaranty, and in connection with any Dispute (defined below). I consent to any extension or modification granted to Subscriber, and the release and/or compromise of any
obligation of Subscriber or any other obligors and guarantors shall not in any way release me from my obligations under this guaranty. This is a continuing guaranty and shall bind my heirs, successors and
assigns, and may be enforced by or for the benefit of any assignee or successor of Cascade. I REPRESENT AND WARRANT THAT MY DECISION TO ENTER INTO THIS GUARANTY IS NOT BASED
ON ANY PROMISE MADE BY ANYONE, WHETHER WRITTEN OR ORAL, THAT IS NOT SET FORTH IN THIS Agreement AND GUARANTY AND I ACKNOWLEDGE THAT Cascade
CLAIMS TO BE DUE FROM ME UNDER THIS GUARANTY, SHALL BE LITIGATED EXCLUSIVELY IN THE CHANCERY COURTS OF DELAWARE, or the federal courts located in
DELAWARE, notwithstanding that other courts may have jurisdiction over the parties and the subject matter, and I freely consent to the jurisdiction of such courts. THE LAWS OF THE STATE OF
DELAWARE SHALL APPLY TO ANY DISPUTE BETWEEN THE PARTIES. I understand that the cost of litigating in Delaware may be in excess of the amount at stake in the litigation. Nonetheless, I waive any
objection that such courts are an inconvenient forum or venue, irrespective of the actual amount at issue. Cascade may properly serve me with legal process via certified mail to my address set forth herein or to
my current or last known address, and upon such mailing, service shall be effective irrespective of whether a signed certified mail return receipt is returned to Cascade Capital Group, LLC. I agree to promptly
notify you of any change of my address and that of Cascade. I VOLUNTARILY AND FREELY WAIVE TRIAL BY JURY IN CONNECTION DISPUTE. I agree not to pursue a claim against Cascade, its
assigns or servicing agents, as a lead plaintiff, class representative or as part of a class action or other representative action. Any permitted cause of action I may have against Cascade, its assignee, its servicing
agent or their employees and attorneys, must be commenced within one year from the accrual of that cause of action. I expressly authorize Cascade or its servicing agents or assigns continuing authority to obtain
one or more consumer credit reports from a credit bureau or credit reporting agency and to conduct one or more credit checks concerning my credit history. I acknowledge that Cascade may furnish information
relating to this Agreement and Guaranty to one or more credit reporting agencies. If I believe that any information that Cascade furnishes to a credit reporting agency is inaccurate, I will notify Cascade of that
inaccuracy in writing, at 200 Continental Drive, Suite 401, Newark, DE 19713. I understand that upon my request, Cascade will inform me whether or not a credit report was requested, and if such report was
requested, of the name and address of the consumer reporting agency that furnish the report. I expressly consent to receive: (1) telephone calls on a recorded line, including but not limited to collection calls
and/or telemarketing calls regarding offer by or on behalf of Cascade, its assignee, or its servicing agent, via automated technology to the telephone number(s) (including wireless numbers) which I provide to
the Cascade, or which I use to call Cascade or its assignee, or which Cascade learns about through other means, including but not limited to reports provided by credit reporting agencies and other similar
services; and (2) e-mails and text messages, including but not limited to collection messages and/or marketing or advertising messages regarding offers by or on behalf of Cascade, to the e-mail address or
telephone number which I provide to the Cascade. In the event the telephone number(s) or e-mail address which I have provided are changed or relinquished by me, I agree to promptly notify Cascade of any
such changes. BY SIGNING BELOW, I ACKNOWLEDGE THAT I HAVE READ THIS GUARANTY AND ALL 2 PAGES OF THE Agreement, THAT ALL BLANKS ON PAGE 1 AND 2 WERE FILLED
IN AT THE TIME OF SIGNING, THAT I HAVE BEEN GIVEN A COPY OR AN OPPORTUNITY TO MAKE A COPY AND THAT I AGREE TO BE BOUND BY ALL THE TERMS OF THIS
GUARANTY AND AGREEMENT. I understand that I may consult an attorney or other advisor before signing this Guaranty and Agreement. I agree that electronic signatures and signatures exchanged by
facsimile or e-mail shall have the same force and effect as an ink signature.
Rhiannon
Rhiannon (Jan 15, 2025 14:15 PST) RHIANNON GOSS 539396440
Guarantor’s Signature Print Name Social Security No.
18439 11th Ave CT E Spanaway WA 98387 253-217-6603 253-217-6603
Home Address City State Zip Home Phone No. Cell Phone No.
Page 1 of 3
TERMS AND CONDITIONS
This Subscription Agreement (“Agreement”) is being entered into by and between CASCADE CAPITAL GROUP LLC and the Subscriber identified in the signature panel of this Agreement. In this
Agreement, the words “we”, “our” and “us” refer to CASCADE CAPITAL LLC and its successors and assigns and the words “you” and “your” refer to Subscriber and its permitted successors and
assigns. Subscriber hereby authorizes us or our designees, successors or assigns (hereinafter “CASCADE”) to withdraw any amounts including any and all sales taxes now due or hereinafter
imposed, owed by Subscriber in conjunction with this Subscription Agreement by initiating debit entries to Subscriber’s account at the bank named above (hereinafter “Bank”), or such other bank as
the Subscriber may from time to time use. In the event of default of Subscriber’s obligation hereunder, Subscriber authorizes debit of its account for the full amount due under this Agreement.
Further, Subscriber authorizes Bank to accept and to charge any debit entries initiated by CASCADE to Subscriber’s account. In the event that CASCADE withdraws funds erroneously from
Subscriber’s account, Subscriber authorizes CASCADE to credit Subscriber’s account for an amount not to exceed the original amount of the debit. This authorization is to remain in full force and
effect until CASCADE and Bank have received written notice from Subscriber of its termination in such time and in such manner as to afford CASCADE and Bank a reasonable opportunity to act.
1. Equipment. We agree to provide to you and you agree to subscribe from us the equipment identified on the cover page of this Agreement or such other comparable equipment we provide you (the
“Equipment”), according to the terms and conditions of this Agreement. We are providing the Equipment to you “as is” and make no representations or warranties of any kind as to the suitability of
the Equipment for any particular purpose.
2. Effective Date, Term and Interim Rent. (a) This Agreement becomes effective on the earlier of the date we deliver any piece of Equipment to you (the “Delivery Date”) or acceptance by us.
This Agreement remains in effect until all of your obligations and all of our obligations under it have been satisfied. We will deliver the Equipment to the site designated by you. (b) The term of this
Agreement begins on a date designated by us after receipt of all required documentation and acceptance by us (the “Commencement Date”), and continues for the number of months stated as the
“Subscription Term” on the first page. You agree this Agreement is a non-cancelable commitment by you to subscribe for the equipment identified for the entire Subscription Term. You agree to pay
all amounts due during the Subscription Term and confirm by executing this Agreement that the Subscription Term is specifically defined as written on the first page of this Agreement. (c) You agree
to pay an Interim Subscription Payment in the amount of one-thirtieth (1/30th) of the monthly subscription charge for each day from and including the Delivery Date until the date preceding the
Commencement Date. (d) You acknowledge that the equipment and software you subscribe for under this agreement may not be compatible with another processor’s systems and that we do not have
any obligation to make such software or equipment compatible in the event that you elect to use another service provider. Upon termination of your merchant processing agreement, you acknowledge
that you may not be able to use the equipment or software subscribed for under this agreement with any other service provider.
3. Site Preparation. You will prepare the installation site(s) for the Equipment, including but not limited to the power supply circuits and phone lines, in conformance with the manufacturer’s and
our specifications and will make the site(s) available to us by the confirmed shipping date.
4. Payment of Amounts Due. (a) Schedule of Fees Default Fees Amount Administrative Fees Amount NSF Fee $10 Upgrade Fee $50 Collection Fee $25 Assumption Fee $150 Late Fee (10 percent
of Total Due) min $5 Agreement Copy Fee $7 Collection Invoicing Fee $7 Equipment Service Program** $4.95 Improper Return Fee* $100 (b) The monthly subscription charge is due and payable
on the same day of each successive month thereafter of the Subscription Term for each piece of Equipment. You agree to pay all assessed costs for delivery and installation of Equipment. (c) In
addition to the monthly subscription charge, you shall pay, or reimburse us for, amounts equal to any taxes or assessments on or arising out of this Agreement or the Equipment, and related supplies
or any services, use or activities hereunder, including without limitation, state and local sales, use, property, privilege and excise tax, exclusive, however, of taxes based on our net income.
Reimbursement of property tax calculation is based on an average tax rate. (d) Your subscription payments will be due despite dissatisfaction for any reason with the Equipment or related processing
services. (e) Whenever any payment is not made by you in full when due, you shall pay us as a late charge, an amount equal to ten percent of the amount due but no less than $5.00 for each month
during which it remains unpaid (prorated for any partial month), but in no event more than the maximum amount permitted by law. You shall also pay to us an administrative charge of $10.00 for any
debit we attempt to make against your bank account that is rejected, but in no event more than the maximum amount permitted by law. (f) In the event your account is placed into collections for past
due subscription amounts, you agree that we can recover a collection expense fee of $25 for each aggregate payment requiring a collection effort, but in no event more than the maximum amount
permitted by law. (g) * See paragraph 5(g) for details regarding this fee. (h) ** See paragraph 5(j) for details regarding this fee.
5. Use and Return of Equipment; Insurance (a) You shall cause the Equipment to be operated by competent and qualified personnel in accordance with any operating instructions furnished by us or
the manufacturer. You shall maintain the Equipment in good operating condition and protect it from deterioration, normal wear and tear excepted. (b) You shall not permit any physical alteration or
modification of the Equipment, or change the installation site of the Equipment, without our prior written consent. (c) You shall not create, incur, assume or allow to exist any consensually or
judicially imposed liens or encumbrances on, or part with possession of, or sublease the Equipment without our prior written consent. (d) You shall comply with all governmental laws, rules and
regulations relating to the use of the Equipment. You are also responsible for obtaining all permits required to operate the Equipment at your facility. (e) We or our representatives may, at any time,
enter your premises for purposes of inspecting, examining or repairing the Equipment. (f) The Equipment shall remain our personal property and shall not under any circumstances be considered to
be a fixture affixed to your real estate. You shall permit us to affix suitable labels or stencils to the Equipment evidencing our ownership. (g) You agree that all Equipment returns shall be to
CASCADE CAPITAL GROUP LLC, or as may be directed by subsequence assignee, be done in a manner that can be tracked, and shall have the Subscription number referenced on the return
packaging. You understand and agree that your failure to return the Equipment in the manner noted in the preceding sentence will delay our receipt of the return and possibly result in you being
charged $100. If returned Equipment shows excessive wear and tear or is not in good operating condition (in each case, as determined by us in our reasonable discretion), you will be charged our cost
to restore such Equipment to normal or good operating condition, as applicable. (h) You shall keep the Equipment adequately insured against loss by fire, theft, and all other hazards. (i) You shall
provide proof of insurance as evidenced by a certificate naming CASCADE CAPITAL GROUP LLC, LLC as a loss payee under your insurance policy. The loss, destruction, theft, or damage of or to
the Equipment shall not relieve you from your obligation to pay the full purchase price or total monthly subscription charges hereunder. (j) You may choose not to insure the Equipment and
participate in the Equipment Service Program. The Equipment Service Program provides a replacement of the Equipment for as long as you participate in the Program during the Subscription Term.
The Equipment Service Program includes (i) free comparable replacement terminal (new or refurbished) in the event of a defect or malfunction (terminal defects or malfunctions caused by acts of
God are not covered by this Program), (ii) free shipping and handling on both the replacement terminal and return of defective terminal, (iii) free overnight shipping and handling on replacement
terminal if requested by 3:00 pm ET (Monday - Thursday). If you don't return your damaged equipment, you will be charged the full purchase price of the replacement equipment sent to you. The
monthly fee of $4.95 for the optional Equipment Service Program is a per terminal fee. You can choose to insure the Equipment and terminate your participation in the program at any time by calling
our Customer Service department. Equipment Service Program not available in New York and Oregon.
6. Title to Equipment. We at all times retain title to the Equipment unless we agree otherwise in writing. You agree to execute and deliver to us any statement or instrument that we may request to
confirm or evidence our ownership of the Equipment, and you irrevocably appoint us as your attorney-in-fact to execute and file the same in your name and on your behalf. The transaction
contemplated by this Agreement shall be treated as a lease, however, if a court determines that the transaction is not governed by Article 2A of the Uniform Commercial Code (or a similar provision
adopted in the relevant jurisdiction), then we shall be deemed to have a first lien Security interest on the Equipment as of the date of this Agreement, and you will execute such documentation as we
may request to evidence such security interest.
7. Return or Purchase of Equipment at End of Subscription Term. Upon the completion of your Subscription Term or any extension thereof, you will have the option to (a) return the Equipment
to us; (b) purchase the Equipment from us for its then fair market value, calculated as a percentage of the aggregate Subscription payments in accordance with the following: If the Subscription Term
is 48 months or more, the buyout option as a percentage of the aggregate subscription payments shall be ten 10 percent. If the term of this subscription is 36 to 47 months, the buyout option as a
percentage of the aggregate subscription payments shall be 15 percent. If the term of this subscription is 24 to 35 months, the buyout option as a percentage of the aggregate subscription payments
shall be 20 percent; or (c) after the final subscription payment has been received by CASCADE, the Agreement will continue month-to-month at the existing monthly subscription payment. If you do
not want to continue the Subscription to the Equipment, then you must provide CASCADE with at least 30 days prior written notice to terminate and return the equipment to CASCADE. If we
terminate the subscription pursuant to Section 11(b) due to a default by you, then you shall immediately return the Equipment to us no later than the tenth business day after termination, or remit to us
the fair market value of the Equipment as determined in good faith by us. You agree we may collect any amounts due to us under this Section 7 by debiting your bank account, and to the extent we
are unable to obtain full satisfaction in this manner, you agree to pay the amounts owed to us promptly upon our request.
8. Software License. We retain all ownership and copyright interest in and to all computer software, related documentation, technology, know-how and processes embodied in or provided in
connection with the Equipment other than those owned or licensed by the manufacturer of the Equipment (collectively “Software”), and you shall have only a nonexclusive license to use the Software
in your operation of the Equipment.
9. Limitation on Liability. We are not liable for any loss, damage or expense of any kind or nature caused directly or indirectly by the Equipment, including any damage or injury to persons or
property caused by the Equipment. We are not liable for the use or maintenance of the Equipment, its failure to operate, any repairs or service to it, or by any interruption of service or loss of use of
the Equipment or resulting loss of business. Our liability arising out of or in any way connected with this Agreement shall not exceed the aggregate subscription amount paid to us for the particular
Equipment involved. In no event shall we be liable for any indirect, incidental, special or consequential damages. The remedies available to you under this Agreement are your sole and exclusive
remedies.
10. Warranties. (a) All warranties express or implied, made to you or any other person are hereby disclaimed including without limitation, any warranties regarding quality, suitability,
merchantability, fitness for a particular use, quiet enjoyment, or infringement. (b) You warrant that you will only use the Equipment for commercial purposes and will not use the Equipment for any
household or personal purposes.
11. Indemnification. You shall indemnify and hold us harmless from and against any and all losses, liabilities, damages and expenses, (including attorneys’ fees) resulting from (a) the
operation, use, condition, liens against, or return of the Equipment or (b) any breach by you of any of your obligations hereunder, except to the extent any losses, liabilities, damages or expenses
result from our gross negligence or willful misconduct.
Page 2 of 3
12. Default; Remedies. (a) If any debit of your bank account initiated by us is rejected when due, or if you otherwise fail to pay us any amounts due hereunder when due, or if you default in any
material respect in the performance or observance of any obligation or provision of this Agreement or any agreement with any of our affiliates, alliances or joint ventures, any such event shall be a
default hereunder. Without limiting the foregoing, any default by you under a Merchant Processing Agreement (“MPA”) with us or with an Alliance or joint venture to which we are a party will
be treated as a default under this agreement. Such a default would include a default resulting from early termination of the MPA, if applicable. (b) Upon the occurrence of any default, we may at
our option, effective immediately without notice, either (i) terminate this subscription and our future obligations under this Agreement, repossess the Equipment and proceed in any lawful manner
against you for collection of all charges that have accrued and are due and payable, or (ii) accelerate and declare immediately due and payable all monthly subscription charges for the remainder
of the applicable Subscription Term together with the fair market value of the Equipment (as determined by us), not as a penalty but as reasonable damages for our loss of the bargain. Upon any
such termination for default, we may proceed in any lawful manner to obtain satisfaction of the amounts owed to us and, if applicable, our recovery of the Equipment, including entering onto your
premises to recover the Equipment. In any case, you shall also be responsible for our costs of collection, court costs and reasonable attorneys’ fees, as well as applicable shipping, repair and
refurbishing costs of recovered Equipment. You agree that we shall be entitled to recover any amounts due to us under this Agreement by charging your bank account or any other funds of yours
that come into our possession or control, or within the possession or control of our affiliates, alliances or joint ventures, or by setting off amounts that you owe to us against any amounts we may
owe to you, in any case without notifying you prior to doing so. Without limiting the foregoing, you agree that we are entitled to recover amounts owed to us under this Agreement by obtaining
directly from an alliance or joint venture to which we are a party and with which you have entered into an MPA any funds held or available as security for payment under the terms of the MPA,
including funds available under the “Reserve Account; Security Interest” section of the MPA, if applicable.
13. Assignment. You may not assign or transfer this Agreement, by operation of law or otherwise, without our prior written consent. For purposes of this Agreement, any transfer of voting
control of you or your parent shall be considered an assignment or transfer hereof. We may assign or transfer this Agreement and our rights and obligations hereunder, in whole or in part, to any
third party without the necessity of obtaining your consent. This Agreement will be assigned to First Data Merchant Services, LLC shortly after execution.
14. Subscription Guaranty. No guarantor shall have any right of subrogation to any of our rights in the Equipment or this Agreement or against you, and any such right of subrogation is hereby
waived and released. All indebtedness that exists now or arises after the execution of this Agreement between you and any guarantor is hereby subordinated to all of your present and future
obligations, and those of your guarantor, to us, and no payment shall be made or accepted on such indebtedness due to you from a guarantor until the obligations due to us are paid and satisfied in
full.
15. Governing Law; Miscellaneous. This Agreement shall be governed by and will be construed in accordance with the laws of the State of New York (without applying its conflicts of laws
principles). If any part of this Agreement is not enforceable, the remaining provisions will remain valid and enforceable.
16. Dispute Resolution and Arbitration. If the parties disagree as to any matter governed by this Agreement, the parties shall promptly consult with one another in an effort to resolve the
disagreement. If such effort is unsuccessful, any controversy or claim arising out of or relating to this Agreement, or the breach thereof, shall be settled by arbitration in accordance with the
Commercial Arbitration Rules of the American Arbitration Association, except that equitable relief may also be sought in any court of competent jurisdiction.
17. Notices. All notices must be in writing, if to you at your address appearing on the cover page of this Agreement and if to us at 5721 SE Columbia Way, STE 150. Vancouver WA 98661 . Attn:
Equipment Subscription Department, or as may be otherwise directed to you by subsequent assignee. Notices shall be deemed to have been given (i) if sent by mail or courier, upon the earlier of
five (5) days after mailing or when actually received or, in the case of courier, when delivered, and (ii) if sent by facsimile machine, when the courier confirmation copy is actually received.
Notice given in any other manner shall be effective when actually received, if to you at the address appearing on the cover page of this Agreement or by any electronic means, including but not
limited to the email address you have provided on the cover page of the Agreement. Notices sent to the Merchant’s last known address, as indicated in our records, shall constitute effective notice
to the Merchant under this Agreement. Customer Service toll free number 866-680-2320.
18. Entire Agreement. This Agreement constitutes the entire Agreement between the parties with respect to its subject matter, supersedes any previous agreements and understandings and can be
changed only by a written agreement signed by all parties. This Agreement may be executed in any number of counterparts and all of such counterparts taken together shall be deemed to
constitute one and the same instrument. Delivery of an executed counterpart of a signature page of this Agreement by facsimile shall be effective as delivery of a manually executed counterpart of
this Agreement.
Subscriber’s Initials: Rg
Rg ________
Page 3 of 3
Clover Equipment and Services Addendum
This Clover Equipment and Services Addendum adds the selected Clover point-of-sale equipment and related
accessories you rent or purchase (Clover Equipment) and/ or Clover Security services to your merchant processing
agreement (Agreement). Bank, however, is not a party to this Addendum. The Clover Equipment is provided to you
by Processor (we or us). If anything in this Addendum directly conflicts with the Agreement, this Addendum will
control with respect to express content.
2 Fees
In addition to fees that we charge for payment processing or for other services under the Agreement, you will be
charged and agree to pay the fees reflected in this Addendum and the applicable fees for Clover Service(s) or as
otherwise necessary or applicable to use your Clover Equipment, including all applicable taxes, duties, or other
assessments or fees. Fees for Clover Services are displayed in your Clover Dashboard or otherwise through your
Clover Account and billed through the Clover App Market, all as subject to the Clover Terms.
We will provide you with the Clover Equipment you select in this Addendum. You are responsible for maintaining
the confidentiality of the account numbers, passwords, security questions and answers, login details, and other
information (together, Credentials) needed to access your Clover Equipment. We will rely on your Credentials to
authenticate access to your Clover Equipment. If you access or use Clover’s software, services, or applications
(including any version of the Clover Go application) (collectively, Clover Services), you agree to Clover’s terms and
conditions of use (found at clover.com/terms) and Clover’s Privacy Policy (found at https://www.clover.com/privacy-
policy) (both as amended and updated from time to time, Clover Terms). The Clover Services are provided to you
by Clover Network, LLC (together with its affiliates, Clover).
The Addendum begins on the latest date that appears in the signature block (Effective Date) and continues in effect
until the Agreement terminates, in which case, this Addendum will automatically terminate, or as otherwise provided
below. A breach of this Addendum constitutes an Event of Default under the Agreement.
By signing below, you acknowledge that: you have read and understand the Addendum. If this Addendum is signed
using an electronic signature process and has the same legal effect as if signed it by hand. The individual signing
below is the authorized signer for and is signing on behalf of the identified business.
Signature:
Rhiannon
Rhiannon (Jan 15, 2025 14:15 PST)
Merchant ID: ________________________________
RHIANNON GOSS Frontend Platform: Omaha Nashville
Name:
Title:
Owner Fees: (Billed via Merchant Statement) $ Omaha North
1
Clover Equipment and Security for ISO MPA (2705-050724)
Clover Equipment and Services Addendum
This Clover Equipment and Services Addendum adds the selected Clover point-of-sale equipment and related
accessories you rent or purchase (Clover Equipment) and/or Clover Security services to your merchant processing
agreement (Agreement). Bank, however, is not a party to this Addendum. The Clover Equipment is provided to
you by Processor (we or us). If anything in this Addendum directly conflicts with the Agreement, this Addendum
will control with respect to express content.
2 Fees
In addition to fees that we charge for payment processing or for other services under the Agreement, you will be
charged and agree to pay the fees reflected in this Addendum and the applicable fees for Clover Service(s) or as
otherwise necessary or applicable to use your Clover Equipment, including all applicable taxes, duties, or other
assessments or fees. Fees for Clover Services are displayed in your Clover Dashboard or otherwise through your
Clover Account and billed through the Clover App Market, all as subject to the Clover Terms.
We will provide you with the Clover Equipment you select in this Addendum. You are responsible for maintaining
the confidentiality of the account numbers, passwords, security questions and answers, login details, and other
information (together, Credentials) needed to access your Clover Equipment. We will rely on your Credentials to
authenticate access to your Clover Equipment. If you access or use Clover's software, services, or applications
(including any version of the Clover Go application) (collectively, Clover Services), you agree to Clover's terms and
conditions of use (found at clover.com/terms) and Clover's Privacy Policy (found at https://www.clover.com/privacy
.PQ.li.cy) (both as amended and updated from time to time, Clover Terms). The Clover Services are provided to you
by Clover Network, LLC (together with its affiliates, Clover).
The Addendum begins on the latest date that appears in the signature block (Effective Date) and continues in effect
until the Agreement terminates, in which case, this Addendum will automatically terminate, or as otherwise provided
below. A breach of this Addendum constitutes an Event of Default under the Agreement.
By signing below, you acknowledge that: you have read and understand the Addendum. If this Addendum is signed
using an electronic signature process and has the same legal effect as if signed it by hand. The individual signing
below is the authorized signer for and is signing on behalf of the identified business.
RHI'S COFFEE LLC
Business Legal Name: _________ Processor
Rhiannon
By: _____________
Rhiannon (Jan 15, 2025 14:15 PST) By: _____________
RHIANNON GOSS
Name: _______________ Name: _______________
Owner
Title: ________________ Title: ________________
Jan 15, 2025
Date: ________________ Date: ________________
1
Clover Equipment and Security for ISO MPA (2705-050724)
MERCHANT RECEIPT
✔ 48 Mos.
Monthly Equipment Subscription Plan $ 59.00 Gift Cards Yes No
60 Mos.
Total
Special Instructions Primary Equipment: Clover Mini (1) 2.5% Surcharge RPI will waive first month of service $
Collected
Routing # 325070760
Bank Name
JPMORGAN CHASE BANK, NA Account # 607802108
By signing this Merchant Receipt (the “Agreement), Merchant hereby authorizes RPI and its affiliates and agents to initiate debit entries to the Merchant’s bank
account at its bank. both of which are designated above. through an Automated Clearing House (“ACH’1 network. The express purpose of this authorization is for
Merchant to pay RPI any and all amounts owed under this Agreement. Amounts owed include but are not limited to amounts owed for equipment, hardware,
shipping, and early termination fees or pay-off/buy-out amounts paid to Merchant by RPI and which are charged back to Merchant based on this Agreement’s term
and conditions. Merchant understands and agrees to be bound by the operating rules and conditions of the ACH operating network that is in effect from time to time
during this Agreement’s Term. Merchant agrees that this authorization of ACH debit entries will remain in effect for the Term or until Merchant provides RPI written
notification of intent to terminate this Agreement, revoking RPI ‘s authorization. In the event of such notification to revoke authorization, Merchant understands and
agrees that RPI and Bank must be given a reasonable opportunity to respond to or act on that written notification prior to such revocation becoming effective.
Merchant's InitialsRg
Rg
Company Name (DBA) Coffeehuns
Merchant Address 7420 NE Sandy Blvd
Merchant Phone # 253-217-6603 Date Jan 15, 2025
Merchant Approval Rhiannon
Rhiannon (Jan 15, 2025 14:15 PST)
[email protected]
Representative Approval [email protected]
Merchant Bank Account Authorization: By signing this Merchant Receipt (the “Agreement”), Merchant hereby authorizes Riverside Payments, Inc. (“RPI”) and its affiliates and
agents to initiate debit entries to the Merchant’s bank account at its bank, both of which are designated above, through an Automated Clearing House (“ACH”) network. The express
purpose of this authorization is for Merchant to pay RPI any and all amounts owed under this Agreement. Amounts owed include but are not limited to amounts owed for equipment,
hardware, shipping, payment processing service fees, and early termination fees or pay-off/buy-out amounts paid to Merchant by RPI, and which are charged back to Merchant based
on this Agreement’s term and conditions. Merchant understands and agrees to be bound by the operating rules and conditions of the ACH operating network that is in effect from time
to time during this Agreement’s Term. Merchant agrees that this authorization of ACH debit entries will remain in effect for the Term or until Merchant provides RPI written
notification of intent to terminate this Agreement, revoking RPI’s authorization. In the event of such notification to revoke authorization, Merchant understands and agrees that RPI and
bank must be given a reasonable opportunity to respond to or act on that written notification prior to such revocation becoming effective.
Merchant Equipment: Merchant warrants and represents to RPI that any equipment transferred to RPI under this Agreement is the sole property of Merchant and is owned free and
clear of any restrictions, liens or encumbrances. Further, Merchant will indemnify and hold harmless RPI from any claims or legal actions arising from such representations being false.
Merchant understands and agrees that any purchase or lease of equipment facilitated through RPI is subject to the terms and obligations of a separate legally binding equipment lease
agreement, and independent from Merchant’s Agreement with RPI, for RPI to provide Merchant with payment processing services. Any amounts paid by Merchant under this or any
related agreement are non-refundable. By signing this Agreement, Merchant warrants and represents that they have read and accept the terms of this Agreement and any other
agreement, including but not limited to the Merchant Processing Application, Program Terms and Conditions, and Telecheck Services Agreement, regardless of whether RPI has
provided Merchant with a copy of said agreements. It is Merchant’s sole responsibility and obligation to obtain, review and understand the terms and conditions of any and all
agreements.
Payoff and Cancellations Fees: Any amounts that RPI has agreed to pay Merchant in order to cover processing service related cancellation fees or lease buy-outs incurred by
Merchant due to its decision to contract with RPI shall be paid only after Merchant has used RPI equipment for payment processing services under the terms of this Agreement for at
least 90 days. After Merchant has provided RPI with paid invoices, a buy-out letter, or copies of its bank statement showing that Merchant has paid these fees to its previous service or
equipment provider, RPI will reimburse the agreed upon fee to the Merchant, subject to the amount stated in the “Special Instructions” section of this Agreement. If Merchant elects to
cancel either its Agreement with RPI or the FDMS service agreement prior to the end of this Agreement, Merchant expressly understands and agrees that it must pay (i) the early
termination fee listed in the FDMS agreement; (ii) the full amount of any money it received from RPI as reimbursement for cancellation or lease buy-out related fees; (iii) RPI back for
MERCHANT RECEIPT
any refunds or ACH credits provided by RPI to the Merchant in order to provide Merchant savings on its credit card processing fees; and (iv) any and all amounts owed to RPI for early
termination of this Agreement. Merchant expressly accepts all responsibility for all related fees and charges related to its cancellation of any prior processing services.
Lease Company: In the event that RPI’s equipment leasing vendor partners fail to approve Merchant for the full amount of the cost of Merchant’s equipment lease and RPI agrees to
serve as the equipment leasing vendor for the remaining unfunded portion of the equipment lease, RPI will bill Merchant for, and Merchant will pay RPI monthly, that portion of the
monthly equipment lease fee charged by RPI for RPI’s partial funding of the equipment lease during the lease term (“Term”). The annual tax-handling fee shall be $10.20. The total
monthly lease charge does not include taxes, late fees or other charges that may apply-Merchant should refer to the lease agreement enclosed in the “welcome kit” for details. The lease
agreement is non-cancellable for the Term. See RPI Monthly Subscription Plan and 1st Lease Payment, for additional terms and conditions.
RPI Monthly Subscription Plan: If you circled “yes” above for the RPI Lease Program you will automatically be enrolled with the RPI Monthly Subscription Plan. In consideration
for special pricing made available to customer, customer agrees to pay RPI a monthly subscription as follows: Year 1- $9.95, Year 2-$14.95, Year 3- $19.95, Year 4- $24.95. Each
additional year thereafter will be billed at a monthly rate of $29.95.
Estimated Savings Quote: Merchant’s estimated savings does not include American Express (“AMEX”) as AMEX it sets its own card processing fees. Other fees may apply
depending on your specific account and the features you choose, including but not limited to, the type of POS systems and features selected by Merchant (example: Clover systems),
offering of gift cards, taxes, and equipment insurance. For example, if Merchant signs up for an application directly through a POS system vendor such as Clover and not through RPI
under this Agreement, such externally contracted for application is outside of this Agreement and shall not be factored into RPI’s quote or any subsequent savings. Consequently,
Merchant understands and agrees that such fees cannot be (i) incorporated into and used as a basis for comparing RPI’s fees relative to the fees charged by Merchant’s prior vendor;
used to claim that RPI has breached its obligations or savings guarantee representation to Merchant. Actual transaction processing costs shall be dependent on monthly sales, transaction
volumes and mix of credit card type used by merchant’s customers. RPI’s “Guarantee of Savings” is based on the transaction sales volumes and number of transactions that Merchant
provides to RPI as being representative of their business sales. Total monthly processing fees will vary based on Merchant’s actual monthly sales, transaction volumes and mix of credit
cards used, and actual monthly savings may vary based on the foregoing factors. RPI represents and guarantees only that it will save Merchant money versus their rates under their
current payment processor. RPI is not guaranteeing an actual transaction processing effective rate. Guaranteed savings may be accomplished by RPI through monthly fee savings, or
through a combination of monthly fee savings and ACH credits to Merchant’s bank account. MERCHANT REPRESENTS THAT THE INFORMATION IT PROVIDES RPI
ABOUT THE FEES THAT MERCHANT IS PAYING THROUGH ITS CURRENT PROCESSOR, AND WHICH ARE BEING USED FOR SAVINGS COMPARISON
PURPOSES, ACCURATELY REPRESENT THE TOTAL CHARGES INCURRED BY MERCHANT. RPI REPRESENTS THAT THE MONTHLY EQUIPMENT
SHARE PROGRAM/MONTHLY LEASE CHARGE IS INCLUDED IN THE SAVINGS COMPARISON AND IS FACTORED INTO THE GUARANTEE OF SAVINGS
RPI IS OFFERING MERCHANT.
Merchant Savings: Merchant understands and agrees that RPI and First Data Merchant Services, LLC (“FDMS”) are incurring substantial and material costs based solely on
Merchant’s commitment to abide by the terms and conditions of this Agreement, including but not limited to, the payment of fees for transaction processing services. Merchant further
understands and agrees that the FDMS required termination fee is as listed in the FDMS agreement and that RPI has no control over or rights to that fee. If Merchant attempts to or
terminates the FDMS processing agreement, RPI will either reduce the cost of transaction processing services under the Agreement or will reimburse Merchant for the FDMS early
termination fee provided all of the following steps have been taken: (1) Merchant has given RPI at least 30 days prior written notice, prior to termination of the FDMS processing
agreement; (2) Merchant meets with an RPI representative or agent in person to discuss Merchant’s issues and to conduct a good faith review of at least 2 months of Merchant’s service
processing statements or service terms under the Agreement; and (3) RPI is unable to reasonably document savings compared to the Merchant’s prior service provider processing
statements. Any attempt by Merchant to terminate the Agreement due to RPI’s inability to reasonably document savings must comply with the termination process provided above. If
Merchant otherwise terminates or attempts to terminate this Agreement without first completing all of the above steps or without providing RPI an opportunity to cure any alleged
breach of the Agreement, Merchant must pay the full FDMS termination fee and must pay RPI any waived or paid fees (such as a setup or programming fee, any buyout fees paid by
RPI to Merchant’s prior merchant processor, or any refunds received by Merchant under this Agreement) and any Special Instruction reimbursement listed above as a termination
reimbursement cost. Merchant hereby authorizes RPI to withdraw such amounts owed from Merchant’s bank account. Any Equipment Lease Agreement, if the parties have executed
such agreement, constitutes a separate agreement from this Agreement and will remain in effect for the Term. Additionally, if Merchant defaults on lease payments owed by Merchant
to its equipment lease company, and Merchant’s lease is deemed a bad debt due to Merchant’s default in a manner that causes RPI to become financially responsible to Merchant’s
leasing company for Merchant’s default, Merchant understands and agrees that RPI may take legal action against Merchant for the remaining balance owed to Merchant’s leasing
company, plus any related attorney fees and costs and that Merchant shall be legally obligated to reimburse RPI for all such costs and damages.
Effective Agreement: This Agreement is effective upon delivery of equipment by RPI to Merchant and supersedes any and all prior agreements, discussions, oral representations, or
understandings related to RPI equipment, other than the FDMS Agreement. Merchant hereby represents and warrants that it has full power and authority to enter into this Agreement.
The parties represent that they have had an opportunity to review this Agreement and that they understand and voluntarily accept its terms. This Agreement shall be enforceable against
Merchant and its assigns, officers, directors, owners, and employees.
Jurisdiction and Venue: All actions initiated by RPI or related to any RPI claims against Merchant under this Agreement, which do not related to rights or claims by the equipment
leasing company or the merchant services processor under this or any other agreement, shall be governed by Washington law, and venue for any dispute under this Agreement shall be
in the courts of Clark County, Washington. Under no circumstances whatsoever, will any claim of jurisdiction or venue stated in the terms and conditions of Merchant’s separate
equipment lease agreement, if such separate lease agreement exists, be controlling over any obligations or actions contemplated under this Agreement. However, Merchant, upon
request of RPI, agrees to settle all disputes by arbitration through a single arbitrator approved by JAMS in Vancouver, Washington. In the event of any legal action or proceeding
initiated by either party in order to enforce the Agreement or any of its provision, if RPI is the prevailing party, Merchant agrees to pay all of RPI’s reasonable attorney fees and costs
incurred in connection with such action or proceeding. If Merchant prevails in any such proceeding, it shall not be entitled to any reimbursement of legal fees or costs by RPI. This
Agreement shall be given a fair and reasonable construction in accordance with the intention of the parties and without regard to the identity of the drafter thereof. Merchant may not
assign its obligations under this Agreement, in whole or in part, without RPI’s prior signed written consent, which RPI may grant at its sole discretion.
Network Fee: RPI will review Merchant’s account on a semi-annual basis to determine whether RPI is servicing your account at a loss of revenue. Revenue gain or loss shall be
determined by RPI upon comparing (i) the card processing fees charged to the Merchant by RPI with (ii) the card network interchange fees charged by the card processing networks on
Merchant transactions. If Merchant’s card processing rates are so low that they do not demonstrate any profitability for RPI and actually cause a revenue loss to RPI while servicing
Merchant’s account (“profitability” herein referring to RPI’s markup in excess of card network interchange fees collected by the card processing networks e.g. Visa and MasterCard),
then RPI may, at its sole discretion, elect to charge Merchant an annual fee to cover such net revenue loss to RPI. However, the foregoing annual network fee will not exceed $99. 1st
Lease Payment: RPI will bill Merchant for the first lease payment owed under the Agreement, by ACH, approximately ninety (90) days after execution of the Agreement by RPI and
Merchant.
Rg
Merchant’s Initials Rg
_________________