Mess Hall (o/a The Magpie Cakery Incubator) Kitchen Rental - Terms and Conditions
The terms in this agreement to the rental of The Magpie Cakery Incubator Dine Safe passed commercial kitchen. You must read, agree with and accept all of the terms and conditions in order to rent the kitchen.
The Renter agrees to use the commercial kitchen located at 1125 Gerrard St East, Toronto, M4L 1Y1, described as Mess Hall operating as The Magpie Cakery Incubator (“the Incubator”) for the dates and times agreed and noted on the invoice.
A refundable damage deposit of $300 will be charged to the Renter which will be applied to any repairs or cleaning which The Incubator deems necessary after the kitchen has been inspected after the end of the rental time. If no repairs, overage fees or extra cleaning are needed, the deposit will be refunded in full within 7 days.
The Renter shall pay the Incubator a rate of $40 per hour to work in the Dine Safe passed kitchen. Any additional time will be charged accordingly and if necessary, an extra charge of $40/hour (or part thereof) will be taken from the damage deposit received.
Bookings with full payment and all required documentation submitted must be completed at least 24 hours before the start of a kitchen shift.
Rate is to be paid by email transfer to payments@messhall.to in full by the date indicated on the invoice. A service fee will be applied to credit card payments, enabled by request.
Prior to the rental term above, the Renter will notify the Incubator immediately if a cancellation is needed:
If cancelled 7 days before the rental date, Renter will receive a full refund minus an administration fee of $25 to cover costs of handling contract and refund
If within 6 to 4 days of the rental date, the Renter will receive a 50% refund or the paid amount may be transferred for a future booking. This credit must be used within 6 months of the booking date.
If cancelled 2 days before the rental date, the payment is forfeited. No refund will be issued.
In case of illness or force majeure, please contact the Incubator management to discuss options.
Renter is responsible for obtaining and maintaining their Food Handlers Certification and any other licenses applicable to their business or event, and keeping a copy on site or on their person while using the premises.
Renter must provide the Incubator a current copy of their Business Insurance with The Magpie Cakery Incubator named as insured on the policy.
Guests and kitchen staff must also adhere to all kitchen rules and they are the responsibility of the Renter while on site. If anyone is working with food while the Renter is not present, they must supply a copy of their Food Handler’s certificate.
The Renter shall:
Maintain the cleanliness of the kitchen as outlined in the Kitchen Chores and Basic Kitchen Upkeep document. Additional cleaning charges will be applied upon inspection by the kitchen manager. Renter agrees to notify the Incubator immediately upon arrival if the kitchen is not clean.
Make no alterations, installations, repairs or redecoration (including painting) of any kind to the premises without first obtaining written permission from the Incubator.
Renter shall not remove from premises any equipment, tools or ingredients belonging to the Incubator or other Renters without prior permission.
Renter shall supply all necessary ingredients, packaging, and tools (including but not limited to: storage containers, parchment, cellophane, wax paper, specialty equipment) in order to carry on their business and kitchen production.
Renter shall store all ingredients in sealed airtight containers and follow all food safety guidelines as outlined in the Ontario Food Handling Training Manual.
Renter shall pay for any damage to the leased premises caused by an act of the Renter or any members of the Renter’s family, guest(s), customer(s), and/or employee(s).
Be responsible for liability, theft, and accident pertaining to the kitchen usage unless caused by the Incubator’s negligence.
Abide by governmental licensing, laws and regulations regarding care and occupancy of the premises.
Give prompt notice to the Incubator regarding to or manage any maintenance required.
The Incubator kitchen manager or staff will meet with Renter at the beginning of the rental period to provide access to the kitchen and for a brief kitchen orientation, or will provide access via lockbox.
The Incubator shall be responsible for having the premises ready (general cleaning of kitchen, bathroom and main space) for the Renter.
The following is included in the rental rate:
Utilities: Internet, Electricity, and Water/Sewer.
Supplies: Toilet Paper, Bleach/Sanitizer, Dish Soap, Hand Soap, Surface Cleaners, Scrub Sponges, Mop, Mop Bucket, Broom, Dust Pan, and Shovel, Salt (when applicable). Paper towel is supplied for handwashing only. The Renter is responsible for bringing their own supply of paper towels and other disposables for production use.
In the unlikely event that the Incubator has to cancel the booked time or the continuation of the agreement is not feasible, Renter can opt for:
A full refund.
The ability to transfer to another booking.
If the building is destroyed and made untenable by fire or other causes, the Incubator or Renter shall have the right to terminate the agreement, and the Incubator shall return the unused portion of any pre-paid fee. Nothing herein shall be construed so as to compel the Incubator to rebuild the premises in case of destruction.
In the event of any legal action concerning this agreement, the losing party shall pay to the prevailing party reasonable attorney’s fees and court costs to be fixed by the court wherein such judgments shall be entered.
If Renter abandons the premises or, upon legal termination of agreement, has their personal effects remaining upon the premises, said belongings become the property of The Magpie Cakery Incubator to be disposed of as they so choose.
We hold the right to dismiss the Renter where the following is identified, and therefore deposit will not be returned:
Dishonesty: Renter must adhere to the agreement of the specific use of the space that it is intended for in this contract. For example, the kitchen will accommodate a maximum of six (6) people at a time, additional space/production kitchens within the Incubator or equipment shall not be used for purposes other than what was agreed on, food shall not be sold out the front or side studio door.
Safety hazard: Hazards in commercial kitchens often relate to food preparation equipment, manual handling, the way stock is stored, and the cleanliness of the environment. A hectic kitchen makes everyone more vulnerable to risk. Therefore, the Renter shall keep hazards at the forefront of mind. If any situation were to arise from neglecting these hazards cues, the Renter will be deemed responsible.
Harassment: The Magpie Cakery Incubator is committed to providing a working environment free of any type harassment, bullying, or discrimination. Renter shall not engage in any of these offensive behaviour toward any team member, or any other Renters or people using the space, or customers, while using the space. The Renter will be instructed to leave the property immediately.