Terms & Conditions

Last Updated: January 24, 2026

1. Introduction and Agreement to Terms

Welcome to Lotus Lemonade & Kettle Korn (“Company,” “we,” “us,” or “our”). These Terms and Conditions (“Terms”) constitute a legally binding agreement between you and Lotus Lemonade & Kettle Korn regarding your purchase of products and use of our services.

By placing an order, accessing our website, or using our services, you agree to be bound by these Terms. If you do not agree with any part of these Terms, please do not use our services or make any purchases.

We reserve the right to modify these Terms at any time. Changes will be effective immediately upon posting to our website. Your continued use of our services after any changes constitutes acceptance of the new Terms.

2. Products and Services

Product Offerings: We specialize in fresh, handcrafted lemonade and kettle corn. All product descriptions, images, and information are provided for general informational purposes and are subject to change without notice.

Product Availability: All products are subject to availability. We reserve the right to discontinue any product at any time without prior notice. In the event a product is unavailable after you have placed an order, we will notify you and provide a full refund or suitable alternative.

Product Quality: We take pride in the quality of our products. All items are made fresh using quality ingredients. However, as food products are perishable, we recommend consuming them within the recommended timeframe for optimal freshness and taste.

Accuracy of Information: While we strive to ensure accuracy in product descriptions, ingredients, and pricing, errors may occur. We reserve the right to correct any errors and to refuse or cancel any orders placed based on incorrect information.

3. Ordering and Pricing

How to Order: Orders can be placed through our website, by phone, or at events where we are present. All orders are subject to acceptance by us.

Order Acceptance: Your receipt of an order confirmation does not constitute our acceptance of your order. We reserve the right to refuse any order for any reason, including but not limited to product availability, errors in pricing or product information, or suspected fraudulent activity.

Pricing: All prices are displayed in US Dollars (USD) and are subject to change without notice. We make every effort to ensure pricing accuracy, but reserve the right to correct any pricing errors. Prices do not include applicable taxes or delivery fees unless otherwise stated.

Payment: Payment is required at the time of purchase or order placement. We accept the following payment methods: cash, major credit cards, and debit cards. All payments are processed securely through our payment processor.

Sales Tax: Applicable sales tax will be added to your order based on the current tax rates.

4. Delivery and Pickup

Pickup Orders: For orders placed for pickup, we will notify you when your order is ready. Please pick up your order within the timeframe specified. Unclaimed orders may be subject to cancellation without refund.

Delivery Service: If we offer delivery services, delivery fees and minimum order requirements will be specified at the time of ordering. Delivery times are estimates and may vary due to factors beyond our control, including weather, traffic, and event scheduling.

Delivery Responsibility: Once products are delivered to the address you provide, the risk of loss transfers to you. We are not responsible for products after successful delivery.

Event Services: For catering or event orders, specific terms regarding setup, service duration, and equipment will be discussed and agreed upon separately. Event orders typically require advance notice and may require a deposit.

5. Cancellations and Refunds

Order Cancellation: Standard orders may be cancelled within [INSERT TIMEFRAME, e.g., “2 hours”] of placement for a full refund. Orders that are already in preparation cannot be cancelled.

Refund Policy: We want you to be completely satisfied with your purchase. If you are not satisfied with your order, please contact us immediately. Refunds or replacements will be provided at our discretion in the following circumstances:

• Product defect or quality issue
• Incorrect order fulfillment
• Significant delay in order preparation (beyond reasonable timeframes)

Non-Refundable Situations: Due to the perishable nature of our products, we cannot accept returns or provide refunds for:

• Change of mind after order pickup or delivery
• Products consumed in whole or in part
• Products damaged after delivery or pickup due to customer handling
• Subjective taste preferences

Refund Processing: Approved refunds will be processed within [INSERT TIMEFRAME, e.g., “5-7 business days”] to the original payment method.

6. Food Safety and Allergen Information

Customer Responsibility: It is your responsibility to inform us of any food allergies or dietary restrictions before placing an order. We will make reasonable efforts to accommodate your needs, but cannot guarantee allergen-free products.

Food Safety: We follow all applicable food safety regulations and best practices. However, as our products are perishable, proper storage and timely consumption are the customer’s responsibility after pickup or delivery.

Health Disclaimer: If you have specific dietary requirements or health concerns, please consult with a healthcare professional before consuming our products. We provide general ingredient information but cannot provide detailed nutritional advice.

7. Intellectual Property Rights

Ownership: All content on our website, including but not limited to text, graphics, logos, images, recipes, and software, is the property of Lotus Lemonade & Kettle Korn LLC and is protected by copyright, trademark, and other intellectual property laws.

Limited License: We grant you a limited, non-exclusive, non-transferable license to access and use our website for personal, non-commercial purposes. You may not reproduce, distribute, modify, or create derivative works from our content without express written permission.

Trademarks: “Lotus Lemonade & Kettle Korn” and our logo are trademarks of our company. You may not use these marks without our prior written consent.

8. User Conduct and Prohibited Activities

You agree not to:

• Use our services for any unlawful purpose or in violation of these Terms
• Attempt to gain unauthorized access to our systems or interfere with our website functionality
• Submit false, misleading, or fraudulent information
• Harass, abuse, or harm our staff, other customers, or third parties
• Use our services to transmit viruses, malware, or other harmful code
• Reproduce, duplicate, copy, or resell our products for commercial purposes without authorization

We reserve the right to refuse service to anyone for any reason at any time, including violation of these Terms.

9. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, LOTUS LEMONADE & KETTLE KORN SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES RESULTING FROM:

• Your use or inability to use our services
• Any unauthorized access to or use of our servers and/or any personal information stored therein
• Any interruption or cessation of transmission to or from our services
• Any bugs, viruses, or other harmful code that may be transmitted through our services
• Any errors or omissions in any content or for any loss or damage incurred as a result of your use of any content

Maximum Liability: In no event shall our total liability to you for all damages exceed the amount you paid for the product or service giving rise to the claim, or $100, whichever is greater.

10. Indemnification

You agree to indemnify, defend, and hold harmless Lotus Lemonade & Kettle Korn, its officers, directors, employees, contractors, and agents from any claims, damages, losses, liabilities, and expenses (including reasonable attorneys’ fees) arising from:

• Your violation of these Terms
• Your violation of any rights of another party
• Your misuse of our products or services
• Any allergic reaction or food-related illness not resulting from our negligence

11. Disclaimers and Warranties

AS-IS Basis: Our products and services are provided on an “as is” and “as available” basis without warranties of any kind, either express or implied.

No Warranty: We disclaim all warranties, including but not limited to implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that our services will be uninterrupted, timely, secure, or error-free.

Food Quality: While we take every precaution to ensure the quality and safety of our food products, we make no warranties regarding taste, satisfaction, or suitability for any particular purpose beyond normal consumption.

12. Force Majeure

We shall not be liable for any failure or delay in performance due to circumstances beyond our reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, riots, embargoes, labor disputes, government restrictions, power failures, equipment failures, or supplier shortages.

13. Dispute Resolution and Governing Law

Governing Law: These Terms shall be governed by and construed in accordance with the laws of the State of [INSERT STATE], without regard to its conflict of law provisions.

Dispute Resolution: In the event of any dispute arising from or relating to these Terms or our services, the parties agree to first attempt to resolve the dispute through good-faith negotiation.

Arbitration: If negotiation is unsuccessful, any dispute shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association. The arbitration shall take place in [INSERT COUNTY/CITY, STATE].

Class Action Waiver: You agree to resolve disputes with us on an individual basis and waive any right to bring claims as a plaintiff or class member in any class or representative action.

14. Severability

If any provision of these Terms is found to be invalid or unenforceable by a court of law, such provision shall be severed from these Terms, and the remaining provisions shall continue in full force and effect.

15. Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and Lotus Lemonade & Kettle Korn regarding your use of our services and supersede all prior agreements and understandings.

16. Waiver

Our failure to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision. Any waiver of any provision of these Terms will be effective only if in writing and signed by an authorized representative of Lotus Lemonade & Kettle Korn.

17. Assignment

You may not assign or transfer these Terms or any rights or obligations hereunder without our prior written consent. We may assign these Terms at any time without restriction.

18. Contact Information

19. Special Event Terms

Event Bookings: For special events, festivals, or catering services, additional terms may apply. Event contracts will specify setup requirements, service duration, minimum orders, cancellation policies, and payment terms. A deposit may be required for event bookings.

Cancellation of Events: Event cancellations must be made at least [INSERT NOTICE PERIOD, e.g., “72 hours”] in advance for deposit refund consideration. Cancellations made with less notice may result in forfeiture of deposits.

20. Marketing and Communications

Promotional Materials: By providing your contact information, you consent to receive promotional emails, text messages, or other communications from us regarding our products, special offers, and events. You may opt out of marketing communications at any time by following the unsubscribe instructions or contacting us directly.

Customer Testimonials: We may request permission to use your feedback, reviews, or testimonials in our marketing materials. Your participation is voluntary, and you may request removal at any time.

21. Age Requirement

You must be at least 18 years old to place orders or enter into a binding agreement with us. If you are under 18, you may use our services only with the involvement and consent of a parent or legal guardian.

22. Modification of Services

We reserve the right to modify, suspend, or discontinue any aspect of our services at any time without prior notice or liability. This includes but is not limited to changing our menu, prices, operating hours, or service areas.

23. Acknowledgment

BY USING OUR SERVICES OR PLACING AN ORDER, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS AND CONDITIONS, UNDERSTAND THEM, AND AGREE TO BE BOUND BY THEM.

These Terms and Conditions were last updated on January 24, 2026. Please review these Terms periodically for any updates or changes.