Terms & Conditions
Welcome to Chapman Mushrooms. These Terms & Conditions ("Terms") form a binding agreement between you ("you," "customer") and Chapman Mushrooms LLC, a Texas limited liability company with a principal place of business in Magnolia, Montgomery County, Texas ("Chapman Mushrooms," "we," "us," "our"). By visiting chapmanmushrooms.com (the "Site"), submitting an inquiry, reserving a pack, subscribing to our CSA, or purchasing any mushrooms or related goods (the "Products") at a farmers market, by pickup, or through any other channel we operate, you agree to these Terms. If you do not agree, please do not use the Site or purchase the Products.
1. Eligibility
You must be at least 18 years old (or the age of majority in your jurisdiction) to place an order, enter into a CSA subscription, or otherwise transact with us. By using the Site or purchasing Products, you represent and warrant that you meet this requirement and that the information you provide is true and accurate.
2. Products and Descriptions
Chapman Mushrooms grows and sells fresh gourmet culinary mushrooms, including but not limited to oyster (blue, pink, and other strains), shiitake, lion's mane, king trumpet, and maitake varieties, as well as seasonal variety packs and related prepared goods.
- Photography, color, size, strain, and cluster shape shown on the Site are illustrative. Living produce varies naturally from harvest to harvest.
- We reserve the right to substitute varieties in any "variety pack," "mushroom blend," or CSA share when specific strains are unavailable due to weather, harvest cycle, contamination, or demand.
- Weights are approximate. We aim to meet or exceed stated weights but do not guarantee exact ounces of any single strain within a mixed pack.
- We are not a certified organic operation unless expressly stated in writing for a specific Product.
3. Orders, Reservations, and Payment
3.1 Order Acceptance
A reservation, inquiry, or order placed through the Site, email, phone, text, or a market sign-up sheet is an offer by you to purchase. No sale is final until we accept the order — typically when we confirm availability, collect payment, or hand the Product to you at the market or pickup location. We may refuse or cancel any order for any lawful reason, including pricing errors, product unavailability, suspected fraud, or previous violations of these Terms.
3.2 Pricing
All prices are listed in U.S. dollars and are subject to change without notice. Texas sales tax is added where applicable. We are not responsible for typographical or pricing errors; if a price error is discovered after an order is placed, we will contact you to correct the price or cancel the order.
3.3 Payment
Accepted payment methods are posted at each market and may include cash, credit/debit card, and approved mobile payment apps. Chargebacks initiated without first contacting us to resolve an issue will be disputed.
4. Pickup, Delivery, and Risk of Loss
- Markets and pickup. Products are typically sold at farmers markets or through pre-arranged pickup at agreed locations in Montgomery County, Texas.
- Risk of loss. Because mushrooms are highly perishable, risk of loss passes to you at the moment of hand-off. You are responsible for refrigerating Products at or below 40°F (4°C) within two hours of receipt.
- No-shows. Reserved packs not picked up within the agreed window may be released, donated, or composted at our discretion, and reservation fees are non-refundable.
- Shipping (if offered). Delivery estimates are not guarantees. We are not liable for carrier delays, temperature excursions outside our control, or losses caused by your failure to be present for a time-sensitive delivery.
5. CSA Subscriptions
- CSA subscriptions are offered in fixed terms (e.g., 4-week, 8-week, seasonal). Contents vary week to week based on harvest.
- You may skip a week by notifying us at least 48 hours before the scheduled pickup. Skipped weeks may be credited to a future week within the same term but are not refundable in cash.
- We may pause or cancel a CSA term due to crop failure, contamination, force majeure, or other operational disruptions. In such cases we will issue a prorated credit or refund for undelivered weeks.
- Missed pickups without prior notice are forfeited.
6. Food Safety, Allergens, and Consumer Responsibility
- Allergens. Mushrooms are fungi, a distinct biological kingdom. Some individuals experience allergic reactions, gastrointestinal upset, or idiosyncratic intolerances (particularly to shiitake — see "shiitake dermatitis"). If you have a known fungal, mold, or food allergy, or if you are pregnant, nursing, immunocompromised, on anticoagulants, or taking medications with known fungal interactions, consult a qualified healthcare professional before consuming.
- Cross-contact. Our facility and vehicles handle multiple mushroom strains and may come into incidental contact with common allergens (including but not limited to soy, wheat flour used as bench dust, nuts, and dairy) present at shared market spaces. We do not certify any Product as allergen-free.
- Try a small amount first. As with any new food, we recommend tasting a small cooked portion before eating a full serving, especially for children or first-time mushroom eaters.
- Perishability. Consume fresh mushrooms within 5–7 days of purchase. Discard any Product that develops off-odor, sliminess, visible mold beyond natural white mycelium, or unusual discoloration.
- No medical claims. Statements on the Site about mushroom varieties (including lion's mane, reishi, or others) are for culinary and educational interest only. They have not been evaluated by the U.S. Food and Drug Administration. Our Products are not intended to diagnose, treat, cure, or prevent any disease.
- No wild-foraged product. We sell only mushrooms we have cultivated on our farm. We do not sell, endorse, or authenticate wild-harvested mushrooms. Never eat a wild mushroom based on a photograph or a comparison to any Product we sell.
7. Returns, Refunds, and Quality Guarantee
Because fresh mushrooms are a perishable, consumable product, all sales are final. However, if a Product is visibly spoiled, contaminated, or otherwise defective at the time of hand-off, contact us within 24 hours of pickup at bryant.chapman1@outlook.com with a photograph and your order details. At our sole discretion we will offer a replacement at the next market, a credit, or a refund of the purchase price. We do not reimburse consequential costs (e.g., other ingredients in a recipe, restaurant covers, event catering).
8. Wholesale, Restaurant, and Reseller Accounts
Wholesale pricing, delivery terms, and payment terms for restaurants, specialty grocers, and co-ops are governed by a separate written agreement. In the absence of a signed wholesale agreement, these Terms control. Wholesale buyers are responsible for their own retail-level food-safety compliance, including storage, labeling, and service.
9. Site Use and Intellectual Property
- All content on the Site — including text, photographs, recipes, branding, and the Chapman Mushrooms name and logo — is owned by or licensed to Chapman Mushrooms LLC and is protected by U.S. and international copyright and trademark law.
- You may view and print Site content for personal, non-commercial use. Any other reproduction, redistribution, scraping, automated data collection, or commercial use without our prior written consent is prohibited.
- You agree not to attempt to probe, scan, or test the vulnerability of the Site, breach security, interfere with other users, or submit malicious content, spam, or bot-generated form submissions.
10. User Submissions (Contact Form, Photos, Reviews)
When you submit information through our contact form or otherwise send us photos, reviews, recipes, or feedback, you grant Chapman Mushrooms a perpetual, royalty-free, worldwide, non-exclusive license to use, reproduce, and publish that content in connection with marketing and operating our business. You represent that your submission is yours to share and does not infringe the rights of any third party. Do not submit confidential, sensitive personal, or medical information through the contact form.
11. Privacy
Information you provide (name, email, phone, message) is used to respond to your inquiry, fulfill orders, and send occasional updates about markets, pickups, and seasonal offerings. We do not sell your personal information. You may unsubscribe or request deletion at any time by emailing bryant.chapman1@outlook.com. Form submissions are processed through Netlify, our hosting provider.
12. Disclaimer of Warranties
EXCEPT AS EXPRESSLY STATED IN SECTION 7, THE PRODUCTS AND THE SITE ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT ANY PRODUCT WILL MEET YOUR SUBJECTIVE EXPECTATIONS OF FLAVOR, TEXTURE, APPEARANCE, OR YIELD. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN IMPLIED WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
13. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, CHAPMAN MUSHROOMS LLC, ITS MEMBERS, EMPLOYEES, AND AGENTS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUE, BUSINESS, OR DATA, ARISING OUT OF OR RELATED TO YOUR USE OF THE SITE OR THE PRODUCTS, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR TOTAL AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS ARISING FROM OR RELATED TO A PARTICULAR ORDER WILL NOT EXCEED THE AMOUNT YOU PAID FOR THE PRODUCT GIVING RISE TO THE CLAIM.
Nothing in these Terms limits liability that cannot be excluded under applicable law, including liability for gross negligence, willful misconduct, or death or personal injury caused by our negligence where such limitation is prohibited.
14. Assumption of Risk and Indemnification
You acknowledge that consuming any food — including cultivated gourmet mushrooms — carries inherent risk and that your use of the Products is at your own informed discretion. You agree to indemnify, defend, and hold harmless Chapman Mushrooms LLC and its members, employees, and agents from and against any and all claims, losses, damages, liabilities, and expenses (including reasonable attorneys' fees) arising out of or related to: (a) your violation of these Terms; (b) your misuse of the Products (including failing to cook mushrooms or consuming them past their freshness window); (c) your sharing, reselling, or otherwise redistributing the Products to third parties; or (d) your violation of any applicable law or the rights of a third party.
15. Force Majeure
We are not liable for any failure or delay in performance caused by events beyond our reasonable control, including crop failure, contamination, pest or pathogen outbreak, power or utility failure, severe weather, fire, flood, pandemic, labor disruption, government action, or supply-chain disruption. In such events, our obligations are suspended for the duration of the disruption, and affected prepaid orders will be credited or refunded at our discretion.
16. Governing Law, Venue, and Dispute Resolution
These Terms are governed by the laws of the State of Texas, without regard to its conflict-of-law principles. You and Chapman Mushrooms agree to attempt to resolve any dispute informally by contacting us in writing. If a dispute cannot be resolved within 30 days, the parties agree that the exclusive venue for any action will be the state or federal courts located in Montgomery County, Texas, and you consent to the personal jurisdiction of those courts. You agree that any claim must be brought in your individual capacity and not as a plaintiff or class member in any purported class, collective, or representative action. Any claim not brought within one (1) year after the cause of action accrues is permanently barred, to the fullest extent permitted by law.
17. Changes to These Terms
We may update these Terms from time to time. The "Last updated" date above will reflect the latest revision. Continued use of the Site or purchase of Products after an update constitutes acceptance of the revised Terms. For material changes, we will make reasonable efforts to provide notice on the Site.
18. Severability and Entire Agreement
If any provision of these Terms is held unenforceable, the remaining provisions will remain in full force and effect, and the unenforceable provision will be modified to the minimum extent necessary to be enforceable. These Terms, together with any separate written agreement (such as a wholesale contract), constitute the entire agreement between you and Chapman Mushrooms regarding the Products and supersede all prior communications.
19. Contact
Questions about these Terms should be directed to:
Chapman Mushrooms LLC
Magnolia, Texas
bryant.chapman1@outlook.com