Crystal LLC D/B/A Commercial Kitchen Sharing (Provider) will provide to Client the use of that certain commercial kitchen facility held for rental to qualified users, which kitchen facility is located at 314 Wilson Avenue, Norwalk, CT 06854 (Site/Facility).
Client will rent the kitchen facility or facilities described and contracted for in the Contract Agreement provided and located at the Site (the “Facility”) under the terms and conditions described herein.
NOW THEREFORE, in consideration of the mutual agreements made herein, Client and Provider agree as follows:
1. Conditional Use. So long as Client has complied with all of the terms and conditions of this Agreement, and for so long as Client shall continue to so comply, Provider grants to Client the nonexclusive right and license to use the kitchen facilities described in Section 2 below, for the uses, during the times, and in consideration of the rental payments and other promises made herein.
2. Basic Rental Information. The Client will agree to the Period of Use contracted for by scheduling on the website and making payment for the time reserved at the time of scheduling.
3. Deposit. There will be a Security Deposit of $150.00 required before use of facility.
4. Reservation. Reservations are confirmed upon receipt by Provider of the Deposit. Reservations remain valid subject to compliance with the signed Agreement and the receipt by Provider of (i) written proof of insurance in a form satisfactory to Provider, and (ii) written proof of proper licensing and permits required by the City of Norwalk Health Department and the State of Connecticut Consumer Protection.
5. Nature and Conditions of Use. Client shall use the Facilities for the sole and exclusive purpose of preparing food for service in compliance with all laws and sound food handling practices. Client shall vacate the Site not later than the end of the Period of Use, leaving the Site and the Facilities in a clean condition, as “clean condition” is defined according to the policies and procedures of Provider. Client shall comply with all applicable laws with respect to its use of the Facilities, its presence at the Site, its service and the consumption of any food prepared at the Site, and all laws, rules and regulations with respect to food safety and sanitation as may govern the preparation of food at the Site during the Period of Use. Client shall take good care of the Facilities and shall comply with the terms and conditions of any leases, licenses or other agreements relating to the Facilities. Client shall comply with all of Provider’s policies and procedures regarding access to and use of the Facilities, including, without limitation, procedures for the cleaning, hygiene and physical security of the Facilities.
Provider retains the exclusive right, in its sole discretion, to manage and schedule the Site, including, without limitation, the establishment of appropriate policies and procedures for use of the Site. Client agrees to comply with such policies and procedures as they are adopted and updated from time to time by Provider. Provider retains unilateral discretion with respect to the identification and selection of users for the Site for times and uses other than those contracted for herein. Client shall indemnify, hold harmless and defend Provider for, from and against any claim, cost, liability, cost or expense related to or arising out of the selection or scheduling of other users of all or a portion of the Site, without regard to the nature of any such claim, cost, liability, cost or expense. Except as agreed in writing by the parties hereto, Provider shall have no obligation, and Client shall have no right, to make any improvements or changes to or involving the Facilities.
6. In providing the Facilities to Client hereunder, Provider shall have no obligation to pay any amount (other than amounts to be reimbursed by Client in accordance with this Agreement) or incur any other obligation or liability in order to permit its provision of the Facilities. Upon Provider’s request, Client shall discontinue use of and remove particular equipment and other items placed at the Site by Client. All property, real or personal, or any interest therein, located at the Site shall be and remain the property of Provider, and Client shall have no rights or interests therein, or in any other, equipment, furniture, products, supplies, data, writings or other property of Provider.
Included Items and Services. Provider will detail all items and services provided to the Client in the signed Contract Agreement.
7. Costs of Operation. Except as otherwise provided in the signed Agreement or as otherwise agreed in writing by Provider and Client, Provider and Client shall each be responsible for any costs and expenses it incurs in connection with the performance of this Agreement or operation of its business.
8. Insurance. Client shall procure and maintain, at its expense, insurance as required by Provider and all other insurance, if any, required by applicable law from time to time. All insurance procured by Client pursuant to this Agreement must be procured from an insurer or insurers approved by Providers, which approval shall not be unreasonably withheld. Such insurance shall name Provider as additional insured and loss payee where applicable to the Facilities and the Site. All liability policies shall be primary without right of contribution from any insurance carried by Provider. Client shall furnish to Provider endorsements and certificates evidencing the coverage required above.
9. Indemnity. Client shall defend, indemnify and hold Provider harmless from any liability, loss, claim, action, damage, cost and expense (including, without limitation, reasonable attorneys’ fees and court costs) arising out of (i) breach, or any allegation of a breach, by Client pursuant to this Agreement (ii) fault or negligence, or any allegation of fault or negligence, of Client, its employees or agents, (iii) Client’s access to or use of the Facilities, (iv) damage to any property or injuries, sickness or death of any person (x) caused by, or alleged to be caused by, any work or operations performed by Client or any other entity under or by reason of this Agreement or (y) which damage, injury, sickness or death occurs on, in or about, or is claimed to have occurred on, in or about the Site, or relate to, or is claimed to relate to, access to or use of the Facilities. The provisions of this Section 10 shall survive termination of this Agreement for any reason.
10. Acceptance. Client hereby acknowledges that it has been offered the opportunity to independently examine and evaluate the Facilities and shall continue to do so throughout the term of this Agreement. Client further acknowledges that Provider has made no attempt to make the Facilities useful or fit for any purpose for any particular Client, or for uses other than those intended by Provider. THEREFORE, CLIENT ACCEPTS THE FACILITIES “AS IS” AND PROVIDER MAKES NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, SUITABILITY OR FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THE FACILITIES, OR RESULTS TO BE DERIVED FROM THE USE OF THE FACILITIES BY CLIENT OR OTHERS.
11. All other details will be listed in the signed Agreement.