• Term: Rose Commercial Kitchen membership to the Member from the Rose Commercial Kitchen the above-described Premises together with all appurtenances thereto, for the term of month to months from the beginning on the date of subscription.
• Membership Fee: The membership fee as establish on Addendum A. Hours not used do not roll over for the following month. Any additional hours of fraction used will be billed in the following month membership. The full membership must be paid in advance regardless of actual usage to maintain licensing and commissary privileges with Rose Commercial Kitchen. All checks must be made payable to: Rose Commercial Kitchen.
• Late Fee/Non-Payment: All payments are due on the 1st of each month. Failure to pay payments within 5 days of the due date(s) listed above will result in a $75 late fee which must be paid along with the payment owed within 5 days of the original due date in money order. If no payment is received after the 10th day from the original due date, the member will have their commissary kitchen access suspended and notification will be sent to Department of Business Regulation and/or Department of Agriculture.
• Bad Checks: Member agrees to pay a $35 service charge fee for any dishonored check, regardless of the cause. You will be required to pay in money order or subscribe to recurring payment.
• Termination of Commissary Usage: Membership agreement my be terminated at any time member agrees to give Rose Commercial Kitchen 15 days written notice that they plan on no-longer needing the commissary kitchen for licensing and/or facility usage.
• Application Fee: An application fee of $100 will be requited from each member.
• Refunds:  All sales are final, and the Company does not offer any money-back guarantees. You recognize and agree that you shall not be entitled to a refund for any purchase under any circumstances. Except as expressly provided herein, all payments under this Agreement will be irrevocable, non-refundable, and non-creditable.
• Visitors or Delivery: No visitors, animals, or delivery are permitted to be at said commissary except those already agreed upon in the application form or with express written or verbal consent of Rose Commercial Kitchen. Any unauthorized person will be asked to leave immediately, and member (s) may be at risk of termination of this agreement.
• Property Maintenance/Cleaning: Member (s) accepts the current condition of the property and agrees to keep the premises at the same or higher level of cleanliness than the state before the member (s) used the facilities. Rose Commercial Kitchen will provide all cleaning and sanitizing solutions. But in order to keep a high level of sanitation, the member (s) agree to provide their own towels and scrubbers/sponges and take any dirty/used towels, scrubbers or sponges with them after they are finished with the commissary. If member don’t clean the kitchen a fee of up to $125 will be charge for each occurrence. After 3 occurrence this agreement may be terminated.
• Health Inspections: Member agrees to be trained/tested in Food Safety Handling and agrees to keep their operations and cleanliness standards in keeping with state and local health safety standards. Member understands that any observations of violations from the health inspector of their operations must be corrected immediately to the satisfaction to the inspector. Member understands that all negative inspections fall upon the entire commissary and therefore understands how important it is that every member works together to keep high standards at the commissary and an exemplary record of inspections. If there is any negligence by the member that causes any fines to Rose Commercial Kitchen, that member agrees to pay for any fines that they were responsible for causing.
• Responsibilities of Member: The members agree to the following responsibilities:
  1. Taking affirmative action to ensure that nothing exists which might place Rose Commercial Kitchen and/or any other member in violation of applicable building or health codes.
  2. To be proactive in communicating with Rose Commercial Kitchen any potential or current issues that they notice while using the commissary.
  3. Keeping the premises clean, sanitary. Removing any garbage or trash after usage to the appropriate outdoor dumpster. Wiping down, cleaning and mopping, to leave no food residue on the cooking appliances, shelving, tables, sinks, cookware, bathroom and floor. Fines of up to $250 to cover cleaning will be charged to the member if they fail to clean up after themselves after every kitchen use.
  4. Reporting any evidence of pests to Rose Commercial Kitchen and taking appropriate action to prevent and exterminate pests.
  5. Operate any equipment located on the premises in a responsible and safe manner. Safeguarding any property owned by Rose Commercial Kitchen or other member from damage, destruction, loss, removal or theft.
  6. Conduct themselves and their employees in a manner that will not disturb others. Member agrees to take full responsibility for all actions of their employees and other people they permit on premises.
  7. Turn off all lights, shut off all electronic devices, burners, ovens, fans, faucets and lock all doors before leaving the premises. If the member fails to do the responsible actions stated in the previous sentence, under the discretion of Rose Commercial Kitchen, the member agrees to pay a fine of $75 per occurrence.
  8. Will sign in and out using the logbook when they use the commissary kitchen with exact times of arrival and departure. (Any reporting of incorrect commissary uses times that are verified with the video surveillance system and door access code will result in a $50 fine
  9. Will report to Rose Commercial Kitchen when they notice commissary supplies are running low, equipment not working properly, or see anything suspicious, or potentially hazardous in and around the commissary kitchen.
  10. Agrees not to dump any grease into any of the sinks on premises and that no food washing will be done in the hand washing sinks, three compartments sink and utility sink.
• Court Costs: Member agrees to pay all court costs and Attorney’s fees incurred by Rose Commercial Kitchen in enforcing legal action of any of Rose Commercial Kitchen other rights under this agreement or any state law. In the event any portion of this Agreement shall be found to be unsupportable under the law, the remaining provisions shall continue to be valid and subject to enforcement in the courts with no exception. The undersigned member (s) by affixing their signatures below, do hereby agree to assume personal responsibility to Rose Commercial Kitchen in the event of default or noncompliance by the membership agreement. The responsibility of the individual guarantors shall accrue for all obligations due to member (s) under this membership and the applicable laws.
• Insurance: Rose Commercial Kitchen keeps an insurance policy for the commissary, but member agrees to make no claim for any damages or losses that occur for whatever reason against Rose Commercial Kitchen but agrees to have their own renter’s insurance or general liability insurance for their food operation/business. Member agrees to list Rose Commercial Kitchen as additional insured and provide copy of endorsement within 3 days of signing the agreement. Failure to maintain insurance will result in suspension of kitchen access.
• Unpaid Balance: Member understand that any unpaid balance will be forward to a credit collection agency and its member responsibility to pay any amount or fees.
• Acknowledgment: Member agrees that this is not a membership agreement and understands that is a commissary membership. In this agreement, the singular number where used will also include the plural, the masculine gender will include the feminine. The term “premises”, “commissary”, “facilities” or “property” “kitchen” refers to the location 354 Story Rd Ocoee, FL 34761 and all the property located inside the building at this address.
• Guarantor:
  1. Guarantor irrevocably and unconditionally guarantees payment when due, whether by acceleration or otherwise, of all amounts due under the membership, together with all interest thereon and all attorneys’ fees, cost and expenses of collection incurred by Rose Commercial Kitchen in collecting such amounts and does also irrevocably and unconditionally guarantee the performance by Member of all the duties and obligations to be performed by Member under the terms of the Membership.
  2. Guarantor hereby waives all notice of acceptance of this Guaranty, notice of maturity, payment or default, and any other requirement or notice necessary to bind Guarantor hereunder, including, but not limited to, presentment, notice of dishonor and protest.
  3. If more than one party shall execute this Guaranty, the term “Guarantor” shall mean all parties executing this Guaranty, and all such parties shall be jointly and severely liable.
  4. The undersigned expressly agree(s) that this Guaranty is governed by the laws of the State of Florida, and the United States of America, whichever the context may require or permit and that proper venue for any action which may be brought under this Guaranty in addition to any other venue permitted by law shall be Orange County, Florida. Should Owner institute any action under this Guaranty, the undersigned hereby submits itself to the jurisdiction of any court sitting in Florida.

 

Rose Commercial Kitchen owns the commissary located at the address listed above, therefore any manager that works for Rose Commercial Kitchen can represent Rose Commercial Kitchen and sign below in this agreement. The below-signed parties acknowledge that they have read and understand all the provisions of this agreement. This agreement is bound by all heirs, executors, successors and/or assigns under Florida Statutes.

 

Legal Membership: This is a legally binding agreement. If you do not understand any part of this contract, seek competent legal advice before signing.