Commissary Kitchen Terms & Conditions of Use
These Terms and Conditions, dated 1 January, 2021 are made by JEKM Enterprises Inc (dba Ultimate Baker) and are binding on all Tenants approved to use the Ultimate Baker Kitchen located at 14676 NE 95th St Redmond WA (“Ultimate Baker”). Your use of our Kitchen is your immediate acceptance of these Terms.
Ultimate Baker is willing to sublease Tenant space in its commercial kitchen. In consideration of the terms and agreements set forth Tenant and Ultimate Baker agree as follows:
- Premises. Ultimate Baker shall make available to the Tenant temporary use of the space located at 14676 NE 95th St, Redmond, WA 98052 (hereinafter referred to as the “Premises”) for the purpose of food preparation only. Occupancy will be given to Tenant for access to the shared kitchen during prior agreed upon days/times of use for up to two people per allocated workstation. Access may be given to additional representatives only by permission of Ultimate Baker or additional workstations may be rented. Tenant acknowledges that Premises are shared use with other Third Parties and that Tenant is required to reserve space in advance with Ultimate Baker. Tenant shall take all necessary steps to use all equipment with care, will not move or relocate any equipment and will not take any steps to revise the Premises in any way including changing locks, moving tables or adjusting any controls. The Tenant is solely responsible for keeping Premises safe and clean and ensuring all actions meet King County Health Department and/or WA Department of Agriculture standards. The Tenant is responsible for obtaining and maintaining all permits for in their own name prior to use of the Premises and agrees to have a Food Handlers permit on their possession and a copy on file with the Ultimate Baker at all times when using the Premises.
- Term. The initial term of this agreement by Tenant shall be a six-month term commencing from date of this Agreement unless terminated for cause by Ultimate Baker as per Clause 8. Tenant acknowledges that use of Premises cannot start until all County and/or State permits are in place. The Term will automatically renew for an additional six-month term unless a written notice of intention to terminate is given to Ultimate Baker at least 30 days prior to date of termination. Tenant also has the option to revert to month to month rental if longer term rentals are not required but must abide by all terms listed in Section 3. At the end of the Term Tenant agrees to remove all their possessions from the Premises with 24hrs and leave the space clean and sanitized. Any stored food items remaining after the end of the Term must be removed by Tenant within 24hrs else Ultimate Baker reserves the right of disposal without recourse at its sole election.
- Rental. Tenant agrees to pay a $100 non-refundable application fee as well as a $250 refundable security deposit and first months estimated rent to secure the space. Monthly rental fees will be based upon Ultimate Baker published rates on its website (www.ultimatebakerkitchen.com) or as agreed between Ultimate Baker and the Tenant prior to commencement. Rent is due on the 1st of every month and a $50 late fee will apply after the 5th of the month. If Tenant fails to pay any given month rent by the 7th day of any given month then this Agreement will automatically terminate and has Tenant has 24hrs to vacate. Tenant will forgo the Security Deposit as a Termination Fee, and will have no further access to the Premises. Any remaining food or property of the Tenant left after the 24hr vacate period will be disconnected and disposed of by Ultimate Baker without recourse or compensation.
- Storage. Tenant has the option to pay additional fees to secure storage and shelving space and agrees to ensure all Health Department regulations are adhered to in the storage and handling of all food items. Ultimate Baker is not responsible for any license revocation by any external agency caused by improper handling, storage or preparation of food. Tenant shall not store food items which impact other Tenants including the use of strong herbs or spices. No hazardous, toxic or dangerous chemicals shall be stored on Premises and no storage of Tenants materials, equipment or Property is allowed outside the Premises or in any other area other than the storage space allocated to the Tenant. Tenant use of storage on Premises is at Tenants risk and Ultimate Baker will not be held liable in any way for any loss, theft, or expense related thereto on any inventory or product stored onsite. Where tenant exceeds their allotted storage space or uses extra freezer/fridge shelves without approval then an additional $100/shelf/month fee will apply.
- Use. The Tenant shall use the Premises for the purpose of food preparation only. Ultimate Baker retains the right to immediately terminate this Agreement at any time if Tenant violates this Agreement or undertakes any action under Clause 8. Tenant shall purchase all food products for intended production either from Ultimate Baker or from any 3rd party sources. Tenant acknowledges that the Premises are a nut free facility and must advise Ultimate Baker of any intention to use nuts so adequate steps can be made. Tenant shall not maintain, use or dispose of any hazardous waste, toxic or dangerous substances in or around the Premises. Tenant shall not allow anything to be done that will interfere with the rights of the Ultimate Baker or other tenants in or near the Premises. The Tenant shall not allow the Premises to be used for any illegal or objectionable purpose as deemed by the Ultimate Baker, no CBD/Cannabis products are to be used or kept onsite, and Tenant will comply with staff limits per workstation. The Tenant shall be responsible for cleaning, turning off equipment, sweeping, removal of waste and locking all doors following each use of the Premises. The Tenant is responsible for purchasing their own cleaning supplies including paper towels and washing detergents and shall leave space clean when finished daily. The Tenant must take all rubbish with them on departing the Premises and will park only in areas designated by Ultimate Baker. Where Tenant is found to be dumping food scraps down the sink then a $250 grease trap cleaning fee will be payable – all food scraps should be placed in bins provided.
- Equipment Install. Where Tenant requests new equipment be installed for their use then any such change must be approved by Ultimate Baker in advance and in writing. Ultimate Baker reserves the right at its sole discretion to refuse any change for whatever reason. Any electrical or plumbing work needed to install or uninstall any new equipment or change the existing working of the kitchen in any way will be solely at Tenants expense and any work must only be undertaken by Ultimate Baker approved technicians. No 3rd party technicians are allowed on premises to undertake any work whatsoever and Tenant will be fully liable for repairs or returning the space to its original condition. Where equipment is installed without permission then Ultimate Baker reserves the right to remove any item immediately from the Kitchen without recourse to the Tenant and Tenant is responsible for all related removal costs.
- Damages. Tenant is responsible for the proper use, care, application, cleaning, and storage of all equipment they use on the Premises. Any damages caused by negligence, incorrect usage, or carelessness of the Tenant or its employees including but not limited to any damage to actual equipment, floors, walls or surrounding equipment, shall be promptly repaired by Tenant at its sole expense. Where Tenant fails to clean used equipment then a $25 cleaning fee will be levied per occurrence. All equipment issues are to be reported to Ultimate Baker.
- Termination for Cause. Ultimate Baker reserves the right to immediately terminate this Agreement for Cause and will provide written notification to Tenant at which point Tenant has 24hrs to vacate the Kitchen. Termination for Cause may be issued by Ultimate Baker if Tenant (i) undertakes any non-authorized changes to the layout or working of the kitchen or (ii) uses the kitchen when not authorized to be on site or (iii) continues to exceed agreed storage limits or (iv) interferes with the peaceful enjoyment of any other Tenant or (v) if after 2 warnings from Ultimate Baker continues to leave the kitchen in a dirty or messy condition after use or (vii) uses herbs, spices or any other ingredient that impacts the baking, cooking or storage of other Tenants or (vii) loses their King County or WA Dept of Agriculture operating permits or (viii) fails to provide proof of insurance within 24hrs of request by Ultimate Baker or (ix) fails to pay monthly fees in a timely manner as per Clause 3. Any food, personal belongings or equipment left on site after the 24hr vacate period may be removed from the premises and disposed of by Ultimate Baker without recourse.
- Staffing. All Tenants and their employees are required to respect the quiet enjoyment of all other Tenants and not to take any actions whatsoever that will in any interfere with another Tenants use of the Premises. Ultimate Baker staff are not authorized to support, assist or help Tenants in anyway with any of their food processing needs. Tenants must ensure all employees have valid Food Card permits at all times, are trained in advance on how to use any equipment, and that any Tenant employee fully understands the Terms and Conditions of this Agreement. Loitering around the Premises or access outside of prior reserved times is not authorized unless agreed in writing with Ultimate Baker in advance. Tenant is solely responsible for the action of their employees while on the Premises and for any damages incurred by any employee. Non-food permit carrying employees and other visitors are not allowed in the Premises.
- Insurance. Tenant shall at Tenants sole expense obtain and keep in force during the Term a policy of comprehensive public liability insuring Ultimate Baker against all liability arising out of the use, occupancy or maintenance of the Premises. Minimum required coverage is one million dollars ($1,000,000) combined single limit coverage per occurrence to injury or Premises damage. Details of the Insurance policy in effect is to be provided to Ultimate Baker prior to Term commencement with JEKM Enterprises Inc (dba Ultimate Baker) and NWB Willows LLC to be named as an additional insured on the policy.
- DISCLAIMER OF WARRANTIES. TENANTS USE OF PREMISES FROM ULTIMATE BAKER IS AT YOUR OWN RISK, TO THE FULLEST EXTENT PERMISSIBLE BY LAW. ULTIMATE BAKER MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND IN CONNECTION WITH THE PREMISES OR TO THE GOODS AND SERVICES OFFERED THEREIN. WE PROVIDE THE PREMISES, AND ANY GOODS AND SERVICES OFFERED ON OR THROUGH THE PREMISES “AS IS.” ULTIMATE BAKER EXPRESSLY DISCLAIMS ALL EXPRESS OR IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO THE ACCURACY, COMPLETENESS, IMPLIED WARRANTIES OF MERCHANTABILITY, QUIET ENJOYMENT, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT OF ANY CONTENT OFFERED ON OR THROUGH THE SITE. THE FOREGOING EXCLUSION OF WARRANTIES DOES NOT APPLY TO THE EXTENT PROHIBITED BY LAW.
- Limitations of Liability. Ultimate Baker, its Directors, Officers, Members, Employees, Successors and Assigns will not be liable for any damages to you, your staff, or anyone else for any liability, including without limitation, direct, indirect, special, punitive, compensatory, or consequential damages, lost profits, or loss of or damage to property, even if we have been advised of the possibility of such damages arising out of the use, inability to use, or the results of the use of the Premises as well as any goods or services purchased via the Premises or website related thereto, whether based on warranty, contract, tort, or any other legal theory. The foregoing limitations of liability do not apply to the extent prohibited by Law. Please refer to your local laws for any such prohibitions.
- Limitation of Remedies. In the event of any problem with the Premises Tenant agrees that your sole remedy is to cease using the Premises and to request a termination of the Agreement with refund of current months rental and security deposit.
- COVID-19. All Tenants are required to be familiar with and at all times enforce all King County Health and CDC guidelines as to COVID-19. This includes 6-foot distancing, wearing masks, and proper sanitization.
- Indemnification. Tenant agrees to indemnify and hold Ultimate Baker and its Directors, Officers, Members, Employees, Successors and Assigns, harmless from any claim, loss or demand, including reasonable attorneys’ fees, made by any person due to or arising out of your use of the Premises, your connection to the Premises, your use of any product or service on the Premise, your violation of these Terms, or your violation of any rights of another party including violation of any City, County, or State license requirement. This indemnity survives termination of these Terms.
- Signs. The Tenant shall not be permitted to display any external notice of occupancy on the Premises nor shall they arrange customer pickups for any processed or manufactured goods from the Premises. No retail sales are allowed from the Premises. License permits are required to be listed and displayed on the board provided.
- Agreement. This agreement shall be governed by the laws of the state of Washington. Dispute resolutions shall be resolved by binding arbitration by a single arbitrator sitting in King County under the rules of the American Arbitration. The prevailing party shall receive all costs and attorney’s fees.
- No Release. Tenant shall not assign, transfer, sublet, mortgage, encumber or transfer any part of the Tenant’s interest in this sublease without Ultimate Baker’s written consent.
- Amendment of Terms. Ultimate Baker reserves the right to update our Terms and Conditions at any time and at our sole election. Any update is binding on you and on all users of the Premises. Notices of the updates to the Terms and Conditions will be provided to the Tenant 30 days prior to implementation.
Any questions on these Terms and Conditions should be addressed to firstname.lastname@example.org.