The Magpie Cakery Incubator Kitchen Rental — Terms and Conditions

WELCOME TO THE MAGPIE CAKERY INCUBATOR

Kitchen Rental Terms and Conditions

1125 Gerrard St East (at Leslie St), Toronto, ON M4L 1Y1

These terms and conditions apply to the rental of the DineSafe-certified commercial kitchen operated by Mess Hall Collective Inc., doing business as The Magpie Cakery Incubator (the “Incubator”). You must read, agree with, and accept all terms and conditions in order to rent the kitchen.

1. Nature of This Agreement

1.1  This agreement grants the Renter a license to use the kitchen for the specific dates and times booked and confirmed on the invoice, or set out in a signed license agreement. It is not a lease, and it does not create a tenancy, a leasehold interest, or any right of exclusive possession in the premises or in any part of the building.

1.2  The Renter acquires no real property interest of any kind. The Incubator retains full control, possession, and access to the premises at all times, including during the Renter’s booked time.

1.3  Renters with recurring or ongoing kitchen needs, such as a regular day or time held week over week, on-site storage between sessions, or production approaching full-time use, are moved to a separate, signed monthly or term license agreement. That agreement incorporates these terms and adds arrangement-specific details such as term length, renewal notice, and storage. Where a signed agreement conflicts with these general terms, the signed agreement governs.

2. Booking, Payment, and Fees

2.1  The Renter agrees to use the kitchen only for the dates and times agreed to and noted on the invoice.

2.2  A refundable damage deposit of $300 will be charged to the Renter and held for the duration of their kitchen use. The deposit is not returned automatically after each shift. Once the Renter has completed their final booked shift and wishes to close their account, they must contact the Incubator in writing to request its return. Provided no repairs, overage fees, or extra cleaning are needed, the deposit will be refunded in full within 7 business days of that request, following a final kitchen inspection.

2.3  The Renter shall pay the Incubator’s agreed-upon rate to work in the kitchen. Any additional time will be charged accordingly, and if necessary, an overage charge of $40 per hour (or part thereof) will be taken from the damage deposit received.

2.4  Bookings with full payment and all required documentation submitted must be completed at least 24 hours before the start of a kitchen shift.

2.5  Payment is due by e-transfer to themagpieincubator@gmail.com in full by the date indicated on the invoice. A service fee applies to credit card payments, available by request.

2.6  First Sessions and all kitchen packages (Starter Pack, Accelerator Pack) are non-refundable and non-transferable once booked.

2.7  Repair, replacement, or extra cleaning costs resulting from the Renter’s use of the kitchen are deducted from the damage deposit first. Any amount beyond the deposit is invoiced separately to the Renter and is due within 7 business days of the invoice date.

2.8  Where the deposit has been applied toward repairs, replacement, or cleaning, the Renter must reinstate it to the full $300 before their next booked session if they wish to continue renting the kitchen. The Incubator may decline to confirm further bookings until the deposit has been reinstated in full.

3. Cancellations, No-Shows, and Rescheduling

3.1  The Incubator does not offer rescheduling. A confirmed shift date and time is final.

3.2  If the Renter cancels or fails to show up for a booked shift, that shift is forfeited, starting from the first missed or cancelled shift. For package holders, the booked hours are deducted from the package as used. For a First Session, the fee is forfeited in full. No refund or credit will be issued in either case.

3.3  This is separate from the damage deposit, addressed in Section 2.2.

3.4  Renters should only book shift times once their schedule is confirmed.

4. Renter Requirements and Documentation

4.1  The Renter is responsible for obtaining and maintaining their Food Handler Certification and any other licenses applicable to their business, and for keeping a copy on site or on their person while using the premises.

4.2  The Renter must provide the Incubator with a current certificate of commercial general liability insurance in the amount of at least $2,000,000, naming The Magpie Cakery Incubator (Mess Hall Collective Inc.) as additional insured, before their first booked session and for the duration of their time at the Incubator.

4.3  All insurance policies, business registrations, and licenses must be held in the Renter’s own name and registered to the Renter’s own business address, not the Incubator’s address.

4.4  Guests and kitchen staff working with the Renter must also adhere to all kitchen rules and 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 own Food Handler’s Certificate.

5. Liability, Insurance, and Assumption of Risk

5.1  Use of the kitchen and premises is at the Renter’s own risk. The Renter assumes full responsibility for liability, theft, and accidents arising from their use of the kitchen, or that of their family, guests, customers, or employees, except to the extent caused by the Incubator’s negligence.

5.2  The Renter agrees to release, indemnify, and hold harmless the Incubator, Mess Hall Collective Inc., and its owners, employees, and agents from and against any claims, damages, losses, or expenses, including reasonable legal fees, arising out of or connected to the Renter’s use of the premises, except to the extent caused by the Incubator’s negligence.

5.3  To the fullest extent permitted by law, the Incubator’s total liability to the Renter under this agreement, however arising, is limited to the amount the Renter has paid the Incubator in the three months preceding the claim. The Incubator is not liable for indirect, incidental, or consequential losses, including lost income or lost or spoiled product.

5.4  Nothing in this agreement limits any liability that cannot be excluded or limited under the laws of Ontario.

5.5  The insurance required under Section 4.2 is the Renter’s primary protection for claims arising from their use of the kitchen, and does not replace or reduce the Renter’s obligations under this section.

6. Renter Obligations at the Kitchen

6.1  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.

6.2  Make no alterations, installations, repairs, or redecoration (including painting) of any kind to the premises without first obtaining written permission from the Incubator.

6.3  Not remove from the premises any equipment, tools, or ingredients belonging to the Incubator or other Renters without prior permission.

6.4  Not bring personal equipment onto the premises, or leave it on site between sessions, without prior written approval from the Incubator.

6.5  Supply all necessary ingredients, packaging, and tools and smallwares (including but not limited to storage containers, parchment, cellophane, wax paper, and specialty equipment) required to carry on their business and kitchen production.

6.6  Store all ingredients in sealed airtight containers and follow all food safety guidelines as outlined in the Ontario Food Handling Training Manual.

6.7  Pay for any damage to the premises or equipment caused by an act of the Renter or any of the Renter’s family, guests, customers, and/or employees.

6.8  Abide by governmental licensing, laws, and regulations regarding care and occupancy of the premises.

6.9  Give prompt notice to the Incubator regarding any maintenance required.

6.10  Not assign, sublicense, or transfer this agreement, or allow any other person or business to use their booked time, without the Incubator’s prior written consent.

7. Incubator Responsibilities

7.1  The Incubator’s kitchen manager or staff will meet with the Renter prior to the first shift to provide access to the kitchen and a brief orientation, or will provide access via lockbox.

7.2  The Incubator is responsible for having the premises ready (general cleaning of the kitchen, bathroom, and main space) for the Renter.

7.3  Included in the rental rate:

a.  Utilities: internet, electricity, and water and sewer.

b.  Supplies: toilet paper, bleach and sanitizer, dish soap, hand soap, surface cleaners, scrub sponges, mop, mop bucket, broom, dustpan, and salt (when applicable). Paper towel is supplied for handwashing only; the Renter is responsible for bringing their own paper towels and other disposables for production use.

8. Facility Use

8.1  The kitchen accommodates a maximum of six people at a time.

8.2  The Renter must use only the space and equipment set out in their booking or agreement. Other production spaces or equipment within the Incubator must not be used for purposes outside that arrangement.

8.3  Food prepared at the Incubator must not be sold out the front bakeshop or side studio door.

9. Cancellation, Destruction, or Discontinuation by the Incubator

9.1  In the unlikely event that the Incubator has to cancel the booked time, or continuation of this agreement is not feasible, the Renter can opt for a full refund or transfer to another booking.

9.2  If the building is destroyed and made untenable by fire or other cause, either party shall have the right to terminate this agreement, and the Incubator shall return the unused portion of any pre-paid fee. Nothing herein compels the Incubator to rebuild the premises in the case of destruction.

10. Abandoned Property

10.1  If the Renter abandons the premises, or upon lawful termination of this agreement leaves personal effects on the premises, those belongings become the property of The Magpie Cakery Incubator to dispose of as it sees fit.

11. Grounds for Dismissal

The Incubator reserves the right to dismiss the Renter, with forfeiture of the deposit, in cases of:

11.1  Dishonesty: the Renter must adhere to the agreed use of the space set out in this agreement, including the occupancy and space-use limits in Section 8.

11.2  Safety hazards: kitchen hazards often relate to food preparation equipment, manual handling, stock storage, and cleanliness. The Renter is responsible for keeping hazards top of mind and is responsible for any incident arising from neglecting them.

11.3  Harassment: The Magpie Cakery Incubator is committed to a working environment free of harassment, bullying, or discrimination. The Renter must not engage in this behaviour toward any team member, other Renter, or customer while using the space, and will be asked to leave the property immediately if they do.

12. General

12.1  Governing law: This agreement is governed by the laws of the Province of Ontario and the federal laws of Canada applicable in Ontario.

12.2  Legal fees: In the event of legal action concerning this agreement, the losing party shall pay the prevailing party’s reasonable legal fees and court costs as fixed by the court.

12.3  Entire agreement: These terms, together with any signed license agreement and invoice for a specific booking, form the entire agreement between the Renter and the Incubator for that booking, and supersede any prior discussions or representations.

12.4  Severability: If any provision of this agreement is found unenforceable, the remaining provisions continue in full force.

12.5  Amendments: The Incubator may update these terms from time to time. The version posted on the Incubator’s website governs new bookings from the date it is posted.