Shared Kitchen Use Agreement

KASANA Collective

                                  Shared Kitchen Use Agreement

 

The KASANA Collective Kitchen (the “Collective”) is a shared kitchen with the principal function of providing affordable access to a certified food processing facility for those who meet the entrance criteria.  This Shared Kitchen Use Agreement (“Agreement”) is by and between AnaCorp LLC, dba KASANA Collective Kitchen, (“KASANA”), as sponsor of the Collective, and the undersigned Collective participant (“Participant”).

 

  1. The Shared Kitchen: KASANA agrees to provide Participant limited access to and use of the Collective’s shared kitchen so that Participant may engage in food preparation, pursuant to the terms and conditions of the then current “KASANA Collective Handbook,” available upon request or at our website, www.kasana-mke.com. Participant acknowledges receipt of the current version of the Handbook and understands that the Handbook may be revised by KASANA from time to time, in its sole discretion.  The Collective is a shared kitchen and there is no guarantee that the kitchen can be reserved on a certain date and time.  The Collective will work to schedule kitchen use for all Collective participants in a fair manner, but participants who rent more frequently and/or for longer periods of time shall be given preference.  Participant understands that Participant is not entitled to any certain schedule of kitchen use, unless otherwise agreed to by KASANA and Participant in writing. Participant understands that at any time of this agreement, KASANA has the right and at its sole discretion to move and rearrange any of the equipment, tables, shelving etc. in the Shared Kitchen / Collective in order to ensure the kitchen’s functionality.

 

  1. Term of Agreement: This Agreement (or a revised version of this Agreement) will remain effective for the duration of Participant’s involvement in the Collective. All Participants are required to execute a new agreement if and when the Collective decides to revise its shared kitchen use agreement, in its sole discretion.  Failure to sign a new agreement shall result in Participant’s dismissal from the Collective and termination of this Agreement.

 

  1. Deposit: A deposit in the amount of $_______________________________ shall be due at signing.  The deposit shall cover any unpaid fees, damages or other costs incurred by KASANA due to Participant’s use of the shared kitchen.  If the deposit is used to cover such costs, KASANA may require Participant to provide another deposit prior to allowing Participant further access to the shared kitchen.

 

  1. Rental Fee and Pricing: This Agreement covers the rental costs associated with Participant’s inclusion in the Collective and use of the Collective’s shared kitchen. THE FEE SET FORTH BELOW DOES NOT COVER COSTS ASSOCIATED WITH RENTAL OF KASANA’S OTHER SPACES INCLUDING, BUT NOT LIMITED TO, PARKING, EXCLUSIVE WALK-IN COOLER, EXTRA DRY STORAGE, CATERING DISHWASHER AREA, ETC.   The Participant’s rental of such spaces shall be set forth in a separate rental agreement and shall include an additional fee.  The following is the Participant’s Collective rental fee for access to the shared kitchen:

                                    $_____________________

Access Fee:      All Participants, will be required to pay an annual non-refundable administrative fee of $50 to the KASANA Collective.  With their administrative fee, Participants will have access to our kitchen. In addition to the administrative fee, each Participant must pay the applicable Participant Fee, described on the RENTAL RATES for KASANA Collective Kitchen -2019.

Monthly Storage:      Full Storage racks or additional shelves are available to Participants for rent on a monthly basis, please ask for details. Base rent includes ONE rack for dry storage, TWO Shelves in Cooler and TWO Shelves in Freezer. Extra monthly fees are $20 p/shelf in dry storage and $60 p/full rack; $35 p/shelf in cooler / freezer and $75.00 p/full rack in cooler / freezer; $40 p/03 hours usage of catering dishwasher, $150 monthly rent for exclusive cooler; $50.00 monthly for overnight parking.

 

  1. Participant Terms: KASANA shall bill Participant on a monthly basis if applicable.  Participant shall pay its bill by the due date set forth on the invoice. KASANA reserves the right at its sole discretion to charge a late payment fee of $20, 00 per day and/or terminate the agreement.  KASANA reserves the right to require Participant to pay any fees associated with a particular kitchen rental session prior to the use of the kitchen.  Failure to pay prior to use and as directed by KASANA shall result in Participant not being allowed access to the shared kitchen and termination of this Agreement and Participant’s participation in the Collective, at KASANA’s sole discretion.

Participant agrees to adhere to the terms as set out in the Collective Kitchen Rental Policy Handbook and the rules and regulations as required by the Health Department at all times. KASANA reserves the right at its sole discretion to terminate the agreement if participant fails to adhere to such terms, rules and regulations.

 

  1. Termination:   KASANA may, in its sole and absolute discretion, terminate this Agreement at any time, for any reason and without incurring any additional liability by delivering written notice to Participant.  Participant may terminate this Agreement upon one month’s advance written notice.  Participant’s deposit will be forfeited if written notice is not received thirty (30) days prior to termination.  Participant’s deposit and any property stored at the Collective will also be forfeited to the extent needed to cover any outstanding amounts owed or damages caused by Participant or Participant’s employees, agents or invitees.  Any remaining portion of Participant’s deposit shall be refunded.  Participant shall arrange to pick up all property stored at the Collective within seven days of being notified to do so.  Failure to make these arrangements shall result in the disposal of the property and Participant shall be responsible for all costs associated with such disposal.

 

  1. Participant assumes all Liability for its Products and Use of Premises: Participant is solely responsible for all actions of any employees, agents or invitees it brings onto the Premises (defined below). Participants shall under no circumstances invite any infants and/or children into the shared kitchen. Participant assumes all risks in connection with participation in the Collective, use of the Premises and use of any equipment on the Premises, including, but not limited to, any injury caused by equipment or failure of equipment during Participant’s use of such equipment or the use of such equipment by Participant’s employees, agents or invitees. Under no circumstances shall KASANA be liable to Participant or Participant’s employees, agents or invitees for any injury sustained at the Premises, any failure to meet volume production, expected quality, and/or other failure of the production process including but not limited to the failure of any particular piece of equipment or machinery.  KASANA assumes no responsibility for the supply of any other production requirements other than use of the facility and equipment previously set forth, including but not limited to ingredients, packaging, process, and recipes.

 

“Premises” is defined as the entire KASANA Collective Kitchen facility located at 6095 S. Jasper Ave, Milwaukee, Wisconsin  53207.

 

  1. LIMITATION OF liability: KASANA and its affiliates, employees, agents and owners shall not be liable for any damage to person or property sustained by Participant, or Participant’s employeeS, agentS or inviteeS, or any third party arising in any way (1) out of use, operation or occupancy of the Premises; (2) out of use or operation of any equipment ON Premises; or (3) from the sale or distribution of any product manufactured by Participant on the Premises or elsewhere.  Participant agrees to indemnify, defend and hold harmless KASANA and its affiliates, employees, agents and owners from all claims, costs and liabilities arising from or in connection with damages and injuries to persons (including death) or property, in, upon or about the Premises or resulting from the sale, distribution and/or use of any product manufactured by Participant (or its agents) on the Premises or elsewhere.

 

  1. Damages to Premises and Insurance: Participant will be responsible for all damages to the Premises or equipment and will pay for such damages upon demand by KASANA.  In the event Participant damages beyond repair or destroys any of KASANA’s or a third party’s property or equipment, Participant agrees to pay full replacement value for such damaged or destroyed equipment or property.  Participant will maintain a minimum of $1,000,000.00 of product liability insurance and general liability insurance, $1,000,000.00 GENERAL AGGREGATE;  WORKER’S COMPENSATION $100,000 / 500,000 / 100,000; AUTOMOBILE $1,000,000 PER ACCIDENT with ANACORP LLC, dba KASANA listed as an additional named insured.  Participants will provide proof of insurance to KASANA management prior to entering into this Agreement.  Any cancellation or revisions to Participant’s insurance policy must be immediately reported in writing to KASANA. PARTICIPANTS will be required to provide KASANA with copies indicating Renewal of Policies as and when they are due.

 

  1. Product Profits: Any and all profits derived from the production of Participant’s products or services at the Collective, whether at retail, wholesale, or otherwise, shall be the sole and exclusive property of Participant, unless provided for in a separate agreement. 

 

  1. Participant Tax Liability, Permits and Licenses: Participant shall be responsible for any and all State, Federal, City, and/or local government authority for any taxes that may be due as a result of the production and/or sale of any of the Participant’s products or services at the Collective.  Participant shall comply with applicable laws, rules and regulations and shall obtain and maintain any and all required licenses it should have to produce and sell any products which it produces at the Collective’s shared kitchen.

 

  1. Other Business Interests: This Agreement shall not be construed as a partnership, joint venture, or otherwise.  No employees, agents or invitees of Participant shall be considered an employee, agent or invitee of KASANA.  KASANA may sponsor and/or operate businesses which compete directly with Participant’s business.  The Collective may include other participants who compete directly with Participant’s business.

 

  1. Security: Many participants have access to the Collective and Premises.  Therefore, KASANA assumes no responsibility for the security of any equipment or supplies left by the Participant at the Collective.  Any additional security or storage arrangements shall be the Participant’s sole responsibility and expense.

 

  1. Signs and Advertising: No signs or other advertising matter shall be attached or painted on the Premises without prior approval.

 

  1. Objectionable / Disruptive Persons: KASANA reserves the right to eject or cause to be ejected from the premises any objectionable/ disruptive person/s. An objectionable/disruptive person shall include any person whose conduct is disorderly or disruptive regardless of intoxication or not and who makes the proper conducting of the event and enjoyment of the event difficult or impossible for others. This will include any individuals who interfere with the normal conducting of business and or event or the enjoyment of others.

 

  1. Assignment: This Agreement is solely between KASANA and Participant. Participant may not assign any rights, duties or obligations under this Agreement without KASANA’s written consent, which may be withheld in its sole discretion.

 

  1. Entire Agreement: This Agreement represents the entire agreement between the parties on the subject matter hereof and supersedes all prior discussions, agreements and understandings of every kind and nature between them.  No amendment, modification or other change of this Agreement will be effective unless in writing and signed by both parties.

 

  1. Governing Law: This Agreement shall be governed by and construed in accordance with the laws of the State of Wisconsin without regard to its conflict of laws principles.

 

  1. Notices: All notices under this Agreement shall be in writing and served either personally or by mail.

 

  1. Severability: If any term or provision of this Agreement or any application thereof shall be invalid or unenforceable, the remainder of this Agreement or any other application of such term or provision shall not be affected hereby.

 

  1. Amendment and Waiver: This Agreement shall not be modified, rescinded or waived except in writing signed by the parties hereto.  The waiver by either party of any breach by the other (or any other provision hereunder) shall not prevent the subsequent enforcement of any such provision as to any aspect of such provision which has not been waived, nor shall it be deemed a waiver of any subsequent breach thereof.  No waiver of any breach or violation hereof shall be implied from forbearance or failure by a party to take action thereon.

 

 

By signing, I agree that I have read and fully understand this Agreement and will abide by the terms contained herein. This Agreement is effective from this ____day of ______________20___.

 

Participant:                                                                AnaCorp LLC dba KASANA:

 

                                                                                                                                               

Print Name of Company                                         Print Name of Officer

 

                                                                                                                                               

Print Name of Officer                                                          Signature

 

                                                                                                                                               

Signature                                                                  Date

 

                                                           

Date

 

 

031667-0001/11967447.4