The Magpie Cakery Incubator Kitchen Rental — Terms and Conditions

The terms in this agreement apply to the rental of The Magpie Cakery Incubator's DineSafe-certified commercial kitchen. You must read, agree with, and accept all terms and conditions in order to rent the kitchen.

1. The Renter agrees to use the commercial kitchen located at 1125 Gerrard St East, Toronto, M4L 1Y1, described as Mess Hall Collective Inc. operating as The Magpie Cakery Incubator ("the Incubator") for the dates and times agreed and noted on the invoice.

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.

3. The Renter shall pay the Incubator's agreed-upon rate to work in the DineSafe-certified 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.

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

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.

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

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

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. This is separate from the damage deposit, addressed in Item 2.

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

7. 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.

8. Renter must provide the Incubator a current copy of their Business Insurance with The Magpie Cakery Incubator named as additional insured on the policy.

9. Guests and kitchen staff 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 Food Handler's certificate.

10. The Renter shall:

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.

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

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

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

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

6. Pay for any damage to the leased premises caused by an act of the Renter or any of the Renter's family, guests, customers, and/or employees.

7. Be responsible for liability, theft, and accidents pertaining to kitchen usage unless caused by the Incubator's negligence.

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

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

11. The Incubator kitchen manager or staff will meet with the Renter at the beginning of the rental period to provide access to the kitchen and a brief orientation, or will provide access via lockbox.

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

13. Included in the rental rate:

1. Utilities: internet, electricity, and water/sewer.

2. 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 paper towels and other disposables for production use.

14. 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.

15. 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 compels the Incubator to rebuild the premises in case of destruction.

16. In the event of any legal action concerning this agreement, the losing party shall pay the prevailing party's reasonable attorney's fees and court costs as fixed by the court.

17. If the Renter abandons the premises or, upon legal 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.

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

1. Dishonesty: the Renter must adhere to the agreed use of the space set out in this contract (for example, the kitchen accommodates a maximum of six people at a time; other production spaces or equipment within the Incubator must not be used for purposes outside this agreement; food must not be sold out the front bakeshop or side studio door).

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; the Renter is deemed responsible for any incident arising from neglecting them.

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.