Use and Services Agreement
This agreement is dated and is between The LA KITCHEN STUDIO, LLC a California
limited liability company ("DTLA Kitchens") and (“Member “ or “the company").
Member desires to contract for the services of DTLA Kitchens as outlined in this agreement and Schedule A.
DTLA Kitchens agrees to provide these services according to the terms in this agreement.
The parties therefore agree as follows.
1. Responsibilities of Member. Member at all times shall be subject to the terms of this agreement and the
Member Kitchen Policies, which are incorporated by reference.
i. Insurance and current status. Member shall provide proof of liability insurance with
DTLA Kitchens listed as additional insured up to $1M. Member must maintain liability
insurance for the duration of the Service Term.
ii. Subject to Kitchen Tenant Policies. Member will, at all times, be subject to the Kitchen
Tenant Policies then in effect during the term of this agreement. Member acknowledges
receipt of the Kitchen Tenant Policies and remains responsible for remaining familiar with
the terms.
iii. Active Servsafe certification as a manager, as well as all employees card for every
member of the team. Health department corrections are disciplined and cited. Business
license should be available on site as well as a copy of your health department application
and approval status.
2. Monthly use fee. Commencing on the Use Commencement Date and on the first day of each and every
month during the Term, the Company shall pay the then-current Monthly Use Fee specified in schedule A,
without setoff or deduction whatsoever, except that the Company shall pay the first full Monthly Use Fee on
the Effective Date of this Agreement. The Monthly Use Fee for any partial month shall be prorated on the
basis of the actual number of days in the month. The Monthly use fee can be adjusted on each anniversary
of the use Commencement Date.
3. Security deposit and first/last month. By the first day of this agreement, or first scheduled production day.
DTLA Kitchens should receive cleared payment on the first month and last month of rent, plus one month of
security deposit.
4. Services of DTLA Kitchens. DTLA Kitchens provides Members with access to commercial kitchen space,
tools and equipment for commercial food production, knowledge resources, and other services. (those
services the “Services”). The Services at all times are subject to this agreement. DTLA Kitchens may make
changes to its products or services, or to the applicable prices for any such products or services, at any
time, without notice.
5. Overdue Monthly Payment. Any Monthly Payment not made by the fifth of each month will be subject to a
penalty of 5% per month from the due date, and a flat $100 fee.
6. Prorated hours Each hour passed the package will be billed at the prorated rate (Service price/number of
hours) and due with next month rent; Every partial hour will be billed as a full hour.
7. Billing for Services. DTLA Kitchens will invoice Members for all Services provided under this agreement.
Such work shall include all work that is listed in Schedule A and any Value-Added Services.
a. .Payment of Invoices. Member shall pay DTLA Kitchens the total amount billed in the invoice for
Services before DTLA Kitchens shall be obligated to deliver unless otherwise stated in Schedule A
(that payment, the “Payment”).
b. Overdue Invoices. Any Payment not made by the due date of an invoice, as described in the
paragraph entitled “Termination”, or any invoice for Value-Added Services not paid within thirty (30)
days of the invoice date will be subject to a penalty of 5% per month from the due date.
c. Refund Policy. Payment tendered for work described in Schedule A is nonrefundable. This
includes any fees paid for Value-Added Services.