UNITE KITCHENS BOOKING AGREEMENT
This Booking Agreement is made and entered into by the Host and Guest. The Host and Guest may each be referred herein this Agreement as “Party” and collectively as the “Parties”
WHEREAS The Guest has booked a kitchen from the Host via its platform Unite Kitchens for a specified period of time and at a price given on the platform;
WHEREAS The Parties agrees that this Agreement shall be between the Host and the Guest only, and Unite Kitchens will be only be added for the collection and making payments.
NOW, THEREFORE, in consideration of the above recitals and the mutual covenants and agreements contained herein this Agreement, the receipt and sufficiency of which are hereby acknowledged, the parties hereby agree as follows:
TERMS OF THIS AGREEMENT
The term of this Agreement shall begin as of the Effective date and continue for the period specified between the parties.
When a Guest completes a Booking, he/she is provided a license to enter, occupy, and use the Space only as described in this Agreement and confirmed by the Host. A Booking does not provide you a lease or access or use of the Space beyond the specified time and Description. Hosts retain the right to re-enter the Space in accordance with the Space Description and a Guest’s agreement with the Host. A Guest is not a party to an underlying lease and as such don’t enjoy the rights granted via the lease. In the event a lease is terminated, this Booking Agreement is also terminated and the Host is required to give immediate notice to the Guest and to afford the Guest every opportunity to use the Space for as long as reasonably possible.
SCOPE OF LICENSE
Host and are subject to any additional terms and conditions that the Host has outlined in their listing description, this Booking Agreement, and other terms set forth by the Host, which will be provided to you prior to confirmation of a Booking in this Booking Agreement. Upon Booking a Space, a Guest is (i) granted a limited, temporary, revocable license to use a Space, and (ii) if applicable, a contract for Supportive Services, in the manner, for the time, and subject to all restrictions provided, subject to this Agreement, and as confirmed through the Platform. The scope of the use, including times, specific fees, and other additional terms or limitations, may also be included in this Booking Agreement.
COMMISSION FEES, CANCELLATION AND REFUNDS POLICY
The Parties agree that Unite Kitchens shall be paid a commission of 6% from each party.
All cancellations and any refunds that may be available to Users are subject to our Fees, Cancellations & Refunds policy.
INTERACTION WITH THE KITCHEN SPACE
The Host shall be responsible for all items left in a Space and they agree not to use or interact with the Guest items.
The Host agrees that the Kitchen Space shall be as advertised, and the Guest will not be required to make any repair to the Space or do any cleaning.
The Guest also agrees to leave the Space in the same condition as the Host. Ensure proper and adequate cleaning after use and also ensure the security of all items brought in.
Promptly communicate with Unite Kitchens and/or the other party with any problems that occur.
You will assure that any person or entity that is under your account or under your control (a “Booking Participant “) do the same. During your Booking, you are responsible for (i) the behavior and acts of any Booking Participants, service providers, or others that access the Space, (ii) ensuring that the use does not exceed any limitations identified in the Booking, (iii) coordinating the timely setup, cleaning and/or breakdown of your operation, or (iv) complying with applicable laws including acquiring any required licenses or permits for your Booking, or limiting noise to certain times of the day, and or (v) complying with applicable Laws in regards to health and safety requirements to operate.
If you stay past the agreed upon end-time without the Host’s written permission, you no longer have a license to use or stay in the Space and the Host is entitled to use lawful means to force you to leave the Space. Additionally, you agree to pay to Host an overtime fees as applicable Guest Fees, Taxes, and other expenses incurred by the Host.
Both Parties agree to maintain all insurance policy required by law and suitable for the business. Users are solely responsible for understanding and evaluating what insurance is appropriate to cover damage, loss, injury, legal liability, and other harm specific to you, your business, your Booking Participants, third parties, the Space (including personal property within), and deciding what type of coverage, limits and providers are appropriate for you. We recommend you become aware of specific insurance requirements for the state or states you are operating in.
LIMITATION OF LIABILITY
IN NO EVENT SHALL UNITE KITCHENSBE LIABLE TO THE HOST AND GUEST, ANY EMPLOYEE, AGENT OR CONTRACTOR OF CLIENT, OR ANY THIRD PARTY, FOR ANY LOSS OF PROFITS, LOSS OF BUSINESS, OR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES ARISING OUT OF OR RELATED TO THIS AGREEMENT OR THESE GENERAL TERMS AND CONDITIONS EVEN IF CLIENT HAS BEEN ADVISED OF THE POSSIBILITY THEREOF. UNITE KITCHEN’S LIABILITY TO THE PARTIES UNDER THIS AGREEMENT AND THESE GENERAL TERMS AND CONDITIONS SHALL IN NO EVENT EXCEED THE TOTAL AMOUNT PAID TO UNITE KITCHENSIN PURSUANT TO SUCH SERVICE AGREEMENT FOR THE SERVICES DURING THE TERM OF THE AGREEMENT.
WARRANTY AND DISCLAIMER
THE SPACES AND SERVICES ARE PROVIDED TO USERS ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY GUARANTEE OR WARRANTY OF ANY KIND, EXPRESSED OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SUITABILITY FOR YOUR PARTICULAR USE, OR NONINFRINGEMENT. WITHOUT LIMITING THE FOREGOING, HOSTS DISCLAIM THAT THE SPACES OR SERVICES ARE FREE FROM ERROR; THAT THEY WILL NEVER CAUSE HARM; THAT THEY MEET OR BE SUITABLE FOR YOUR NEEDS OR REQUIREMENTS; THAT THEY ARE ALWAYS AVAILABLE.
GUESTS IN SPACES ARE NOT SUBLESSEES. GUESTS WILL HAVE ACCESS TO THE SPACE AS DEFINIED BY THE HOSTS, AND WILL BE PAYING UNITE KITCHENSFOR SUCH ACCESS. THIS BOOKING AGREEMENT AND THE RELATIONSHIP BETWEEN THE USERS DOES NOT CONSTITUTE A SUBLEASE.
In addition to all other rights, a party may have available according to law, if a party defaults by failing to substantially perform any provision, term or condition of this Contract (including without limitation the failure to make a monetary payment when due), the other party may terminate the Contract by providing written notice to the defaulting party. This notice shall describe with sufficient detail the nature of the default. The party receiving such notice shall have 10 days from the effective date of such notice to cure the default(s). Unless waived in writing by a party providing notice, the failure to cure the default(s) within such period shall result in the automatic termination of this Contract.
PLEASE READ THIS SECTION CAREFULLY. ARBITRATION REPLACES THE RIGHT TO GO TO COURT, INCLUDING THE RIGHT TO A JURY AND THE RIGHT TO PARTICIPATE IN A CLASS ACTION OR SIMILAR PROCEEDING. IN ARBITRATION, A DISPUTE IS RESOLVED BY AN ARBITRATOR INSTEAD OF A JUDGE OR JURY.
The laws of the state of California shall govern this Agreement without giving effect to conflict of laws principles. We agree that any dispute, claim, or disagreement between us shall be resolved exclusively by arbitration. Arbitration is a process in which persons with a dispute(s): (i) agree to submit their dispute(s) to a neutral third person (an “arbitrator”) for a decision; and (ii) waive their rights to file a lawsuit in court to resolve their dispute(s). Each party to the dispute(s) has an opportunity to present some evidence to the arbitrator. pre-arbitration discovery may be limited. Arbitration proceedings are private and less formal than court trials. The arbitrator will issue a final and binding decision resolving the dispute(s), which may be enforced as a court judgment. A court rarely overturns an arbitrator’s decision.
THEREFORE, YOU ACKNOWLEDGE AND AGREE AS FOLLOWS:
For purposes of this Arbitration Provision the words “dispute” and “disputes” are given the broadest possible meaning and include, without limitation (i) all claims, disputes, or controversies arising from or relating directly or indirectly to the signing of this Arbitration Provision, the validity and scope of this Arbitration Provision and any claim or attempt to set aside this Arbitration Provision; (ii) all federal or State law claims, disputes or controversies, arising from or relating directly or indirectly to this Agreement (including the Arbitration Provision), the information you gave us before entering into this Agreement, and/or any past agreement or agreements between you and us; (iii) all counterclaims, cross-claims and third-party claims; (iv) all common law claims, based upon contract, tort, fraud, or other intentional torts; (v) all claims based upon a violation of any state or federal statute or regulation; (vi) all claims asserted by us against you, including claims for money damages to collect any sum we claim you owe us; (vii) all claims asserted by you individually against us and/or any of our employees, agents, directors, officers, shareholders, managers, or affiliated entities (hereinafter collectively referred to as “related third parties”), including claims for money damages and/or equitable or injunctive relief; (viii) all claims asserted on your behalf by another person; and/or (ix) all claims asserted by you as a private attorney general, as a representative and member of a class of persons, or in any other representative capacity, against us and/or related third parties.
All disputes hereunder shall be resolved by binding arbitration in accordance with the rules of the American Arbitration Association in effect at the time of the dispute. The cost of the arbitration will be born equally by the parties. The arbitration award will be final and binding and may be enforced by any court in Los Angeles jurisdiction.
Only disputes involving you and Unite Kitchens may be addressed in the arbitration. This means that the arbitration may not address disputes involving other persons with disputes similar to the disputes between you and Unite Kitchen.
The arbitrator shall have the authority to award any legal or equitable remedy or relief that a court could order or grant under this agreement. All statutes of limitations that apply to any dispute shall apply to any arbitration between us. The Arbitrator will issue a decision or award in writing, briefly stating the essential findings of fact and conclusions of law.
Binding Effect. This Arbitration Provision is binding upon and benefits you, your respective heirs, successors, and assigns. The Arbitration Provision is binding upon and benefits us, our successors and assigns, and related third parties. The Arbitration Provision continues in full force and effect, even if your obligations have been prepaid, paid, or discharged through bankruptcy. The Arbitration Provision survives any termination, amendment, expiration, or performance of any transaction between you and us and continues in full force and effect unless you and we otherwise agree in writing.
Severability. If any portion of this Arbitration Provision is deemed invalid or unenforceable, it will not invalidate the remaining portions of the Arbitration Provision, unless the provision precluding the arbitrator from conducting a class arbitration as set forth above is deemed invalid or unenforceable, in which case this entire Arbitration Provision shall be deemed void.
If the performance of this Contract or any obligation under this Contract is prevented, restricted, or interfered with by causes beyond either party’s reasonable control (“Force Majeure”), and if the party unable to carry out its obligations gives the other party prompt written notice of such event, then the obligations of the party invoking this provision shall be suspended to the extent necessary by such event. The term Force Majeure shall include, without limitation, acts of God, fire, explosion, vandalism, storm or other similar occurrence, orders or acts of military or civil authority, or by national emergencies, insurrections, riots, or wars, or strikes, lock-outs, work stoppages. The excused party shall use reasonable efforts under the circumstances to avoid or remove such causes of non-performance and shall proceed to perform with reasonable dispatch whenever such causes are removed or ceased. An act or omission shall be deemed within the reasonable control of a party if committed, omitted, or caused by such party, or its employees, officers, agents, or affiliates.
This Contract contains the entire agreement of the parties, and there are no other promises or conditions in any other agreement whether oral or written concerning the subject matter of this Contract. This Contract supersedes any prior written or oral agreements between the parties.
If any provision of this Agreement will be held to be invalid or unenforceable for any reason, the remaining provisions will continue to be valid and enforceable. If a court finds that any provision of this Agreement is invalid or unenforceable, but that by limiting such provision it would become valid and enforceable, then such provision will be deemed to be written, construed, and enforced as so limited.
All notices, demands, and communications required or permitted in connection with this Agreement shall be in writing and shall be deemed effectively given in all respects upon personal delivery or, if mailed, by registered or certified mail, postage prepaid, return receipt requested, or by overnight courier, the receipt of which is confirmed, addressed to the party (or such other address for a party as shall hereafter be specified by like notice). Either party hereto may from time to time change its notification address by giving the other party hereto prior written notice of the new address and the effective date thereof.
Users may not assign this Booking Agreement or any rights granted to herein without our prior written consent. Any attempt to do so without our prior consent will be void. Unite Kitchens may assign this Booking Agreement upon notice to you as part of a sale or transfer of part or all of our business. Any permitted transfer will insure to the benefit of and bind any successors in interest.