(1) Terms

The term of this agreement shall be for the dates and times requested in the attached application. This rental amount includes basic kitchen rental, utilities and shared equipment* usage. If for any reason the credit card being charged is declined, renter will be notified immediately. Access to the kitchen will be restricted until a working credit card has been supplied. After 48 hours, any reserved kitchen time may be cancelled if no alternate payment method is supplied.

The kitchen is a shared use facility, equipped with commercial ovens, mixers, sinks, utensils, pots and pans. Wellspring Kitchen will maintain the kitchen in a sanitary and orderly state and ensure that all equipment available to the renter operates to all applicable health and safety standards. It is the renter’s responsibility to furnish all small wares needed for their food process. It is also the renter’s responsibility to ensure that the kitchen is left in a sanitary and orderly state at the end of the rental period.

There is a ZERO TOLERANCE policy regarding signed commissary agreements with our kitchen. If a renter is found to be cooking from home or in any other kitchen while claiming to any entity to be working from the Wellspring Kitchen, they will immediately be banned from further kitchen use and any health department that holds a signed commissary agreement from us will be notified. No refunds will be given.

The renter shall furnish their own food, spices, bowls, utensils, towels, pots and pans necessary for their process. When processing is completed for the day, renter must remove their equipment from the kitchen or store it in a storage space in the kitchen. All stored items must be properly washed and sanitized.

Renter shall procure and maintain the appropriate food service licensing from DHEC. A copy of the license, Operating plan must be provided to Wellspring Kitchen prior to your first rental date. The renter shall be solely responsible for any fines or fees levied by the Health Department or the State of South Carolina related to their activities in the kitchen.

Renters who are not processing food for resale (“Non-Business Renters”) are not required to provide proof of business licensing or food service licensing and shall initial here to affirm that their processed foods are for personal use only and will not be sold to the public.

Non-Business Renters will abide by all other terms of this agreement, including providing proof of completion of the food handler certification. Non-business Renters will only be allowed to use wash station, dish washer, cutting board, knifes or vegetable/meat chopper as separate rental. All other shared space and equipment is reserved for the exclusive use of business Renters.

Renter shall report any personal injuries or property damage arising at any time during and/or arising out of or in any way connected with the renter’s use or occupancy of the kitchen to the Kitchen manager within an hour.

Renter is solely responsible for supervising all individuals in the kitchen during your rental time related to your rental time. Wellspring Kitchen reserves the right to evict individuals from the facility at any time if their conduct is deemed to be destructive or detrimental in any way.

Under no circumstances shall the renter allow any other organization or individual to use the kitchen for the period which the renter has contracted.

Renter agrees to abide by the following rules, and agrees that upon violation of said rules, Wellspring Kitchen has the option to terminate this rental and demand that tenant vacate the premises and pay additional fee based on assessment.

1. No furniture or equipment shall be removed from the premises unless it has been rented.
2. Renter shall not admit a larger number of individuals that can lawfully, safely and freely move about the facility.
3. Smoking is not permitted in the facility.
4. Animals are not permitted in the facility.
5. All trash in and about the facility must be removed daily and placed in trash receptacles located out-side the building.
6. If you are storing products or ingredients for products in the facility, you must check your stock for current dates. NO EXPIRED DATES allowed on premises. If product is expired and renter do not dispose after repeated warning. Wellspring Kitchen shall reserve the right to dispose and inform the renter. Any applicable fee can be evaluated based on the quantity and time taken to dispose spoiled/bad items.
7. Rental time begins at the scheduled start time and ends at the scheduled stop time. All set up and clean up must be completed within this time frame. You must be vacated from the rental space by the scheduled end time.
8. Renter shall not occupy all the shared equipment, when others are waiting in line to use the shared equipment.

(2) FOOD SAFETY

Safety of the product and processor is the top priority of the Wellspring Kitchen. Anyone wishing to use the kitchen must have completed food Handler training and provide certificate of completion to be kept on file or make arrangements.

Other Basic Safety Rules:

4. No children under the age of 16 or untrained individuals are allowed in kitchen while preparation is taking place.
5. No one under the age of 18 may use equipment.
6. Renters must wear proper clothing. Sandals, shorts, tank tops, and jewelry that could fall in to your product are not permitted.
7. Hair must be worn back.
8. If Fake Finger nails/polish is used, you must wear glove.
9. All cuts shall be bandaged with waterproof protectors, and watertight disposable gloves shall be worn.
10. Renters who are sick or have infected cuts, lesions, boils or open sores will not be permitted to use the kitchen until they have been treated.

(3) EQUIPMENT/TOOLS

Cookie sheets, pots, pans, mixing bowls and various utensils may be used by renters, but any additional specialized equipment is provided by the renter. Make sure you do not take Wellspring equipment home with you. If you do, you will be fined. Equipment supplied by renter must be NSF approved and will be inspected by the kitchen manager to ensure compliance. Storage space may be available for additional cost. Please label any equipment that you leave in the space.

If renter prefers to store their equipment at the Wellspring Kitchen premise, may do so based on the agreed-on rent per month. Management is not responsible for any damages or lost or stolen. If renter fails to pay the rent on time or after 30 days, management reserves the right to auction or charge dumping fee (assed based on equipment/food items) to recover lost rent, utilization of space and lost business.

(4) CLEANING

All renters will be required to leave the kitchen in the condition in which it was found upon rental. After using the space, renters are expected to change trash in kitchen and drop into the community trash bins. Any recycling must be carried out to the community recycling bin.

All renters must complete cleaning of appliance, pots and pans (Wellspring Kitchen assets) within the rental period and remove personal appliances, pots and pan from Kitchen, unless dry space is rented and stored in your rented space.

If renter prefer to clean their own appliances, pots and pan outside of the rental hours, a Flat fee of $10 to be paid to use the kitchen after the kitchen rental hours. If the kitchen is busy, please call and set up appointment.

Cleaning your business equipment such as food trucks, food cart is not permitted using Wellspring Kitchen cleaning supplies. You are welcome to bring your own supplies and clean outside the kitchen. Remove all your cleaning supplies, do not store in the Wellspring Kitchen premises.

Failure to properly clean up after use will result in a fee of $40 per hour and will be added to the rent.

(5) Tax liability.

Renter shall be responsible for any and all state and/or federal taxes that may be due as a result of the production and/or sale of any of Renter’s products or services at Wellspring kitchen.

(6) Other Business Interests.

This Agreement shall not be construed as a partnership, joint venture, or trust, unless otherwise agreed in writing, signed by both parties. Wellspring kitchen has no right, title or interest in or to the business of the Renter. No employees, agents or contractors of Renter shall be an employee, agent or contractor of Wellspring kitchen.

(7) Security.

Wellspring kitchen assumes no responsibility for the security of any equipment or supplies provided by Renter for use at the Wellspring kitchen Facility. Any additional security of storage arrangements shall be Renter’s sole responsibility.

(8) No Show

If no cancellation notice is received 24 hours in advance of scheduled kitchen time, then the “no-show” User will be charged a $50 fee for the no-show.

(9) Shared Use Facility:

Please remember that this is a shared-use facility. Empty trash containers in the facility into the dumpster and leave trash can clean. Please help take care of our community kitchen by sweeping the floor, wiping out the sinks or anything else that you see needs attention. NO FOOD BITS SHOULD BE LEFT IN THE SINK, STRAINER, ON THE FLOOR OR ON COUNTER TOPS. This space is for your convenience.

(10) Liability of Renter and Indemnity.

Wellspring kitchen shall not be liable for any damage to either person or property sustained by Renter or any third party arising in any way out of the Renter’s use, operation, or occupancy of the Facility, or the sale or distribution of any product manufactured at the Wellspring kitchen Facility. The Renter covenants and agrees to indemnify, defend and hold harmless Wellspring kitchen, its owners, investors, and employees from any and all losses, claims, costs, expenses, actions, damages and liabilities arising from or in any way connected with Renter’s use or occupancy of the kitchen including without limitation: damages or injuries to persons (including death) or property in, upon, or about the Wellspring kitchen Facility, any portions thereof, or resulting from the sale, distribution, consumption and other use of any service provided or product manufactured at the Wellspring kitchen Facility for or by the Renter Advancement.

Each renter will maintain a minimum coverage of $1,000,000 of general liability and product liability insurance with Wellspring Kitchen.

Columbia AT Corp

201 Hidden Creek Drive

Hatboro PA 19404

Business renters must provide proof of insurance to the Kitchen Manager before renter may enter and use the facility.

(11) Damages to Wellspring kitchen Property.

The Renter shall be responsible for any and all damages to the Facility or equipment caused by its use of the Facility or its equipment by Renter, its agents, employees or guests to the extent the damages are not covered by valid and collectible insurance available to Renter or Wellspring kitchen.

(12) Default.

Renter shall abide by the terms of this Agreement and Wellspring kitchen Policy & Procedures Manual, a copy of which has been provided to Renter and terms of which are incorporated herein by reference. A violation, breach or failure to keep or perform any conditions of this Agreement or Wellspring kitchen Policy & Procedures Handbook may result in loss of privileges or alteration of the Renters rights to this agreement at the decision and discretion of Wellspring kitchen. Failure of the Renter to rectify the violation after notification by Wellspring kitchen, then Wellspring kitchen may declare the Renter’s rights terminated with no further notice. Furthermore, Wellspring kitchen may possess and remove Renter’s property from the Facility. Renter will be charged any reasonable storage costs.

(13) Assignment.

This Agreement is solely between Wellspring kitchen and renter. Renter shall not assign its rights under this Agreement. Wellspring kitchen reserves the right to assign this agreement at any time.

(14) Termination.

Notwithstanding any provision in this Agreement, Wellspring kitchen may, in Wellspring kitchen’s sole and absolute discretion, terminate this Agreement without further liability by delivering three (3) days prior written notice to Renter.

(15) No Waiver.

The failure by Wellspring kitchen at any time to enforce any right or remedy available to it under this Agreement or otherwise with respect to any breach or failure by Renter shall not be construed as a waiver of such right or remedy by Wellspring kitchen with respect to any other breach or failure by Renter.

(16) Authority.

Each signatory to this Agreement represents and warrants that s/he has the full authority to enter into this Agreement for Wellspring kitchen and Renter.

(17) Attorneys’ Fees.

If the services of an attorney are required by Wellspring kitchen to secure the performance of Renter under this Agreement or otherwise upon the breach or default by Renter of this Agreement, or judicial action is necessary to enforce or interpret any provision of this Agreement, and further in the event that Wellspring kitchen is the prevailing party, Wellspring kitchen shall be entitled to reasonable attorneys’ fees and expenses, in addition to any other relief to which Wellspring kitchen may be entitled.

(18) Entire Agreement.

This Agreement shall constitute the entire agreement between the parties and any prior understanding or representation of any kind preceding the date of this Agreement shall not be binding on either party, except to the extent incorporated in this Agreement. Renter: For the purposes of this agreement, “Renter” shall include the individual or legal entity (including but not limited to sole proprietorship, partnership, Limited Liability Corporation, corporation) that executes this Agreement, as well as any employees or contractors of the Renter.

(19) Video Surveillance.

Renter acknowledges that Wellspring kitchen has video surveillance on its premises and will always be recorded.