FUSION EAST KITCHEN RENTAL AGREEMENT

FUSION EAST Rental Rate Agreement Fusion East 1179 Elton Street, Brooklyn, NY 11239 917-346-7996 ​info@fusioneast.com​ 941 585 8482 ​info@cfxnetwork.com

FOOD SAFETY MANAGER CERTIFICATION It is highly recommended that each participating business have at least one person on its staff participate in an accredited food manager certification program.

INSURANCE All renters must provide proof of product liability insurance, with a minimum of 1 million dollars per occurrence and 2 million dollars aggregate, with Fusion East, LLC as additional insured.

(For some low-risk food products and low volume sales, lesser amounts of insurance may be acceptable.) To obtain coverage, applicants can check with their own insurance company, or contact us for a list of agencies that may be of help. Renters may have their insurance company email a Certificate of Insurance to our Kitchen Manager, fax# 917-346-7996 or 888 261 6014).

REQUIRED prior to rental.

EQUIPMENT Each user must bring their own cleaning towels, cooking items, ingredients, utensils, small wares and other special items necessary to their specific production needs.No equipment belonging to the Fusion East is ever to leave the Fusion East premises. We must make sure all kitchen users have access to the equipment.

STORAGE All storage use must be approved by the Fusion East Manager or designated staff. All state laws and guidelines applying to food/ingredient storage must be followed by the individual user.

Refrigerator space is available on a first come, first served basis when overnight space is needed. There is a $15 fee per day for overnight storage, or $65 per month.

Freezer space is available on a first come, first served basis when overnight space is needed.

There is a $15 fee per day for overnight storage, or $65 per month.

Dry storage units must be reserved in advance, and is available on a first come, first served basis for $65 per month, per unit. Locked storage units are available for $95 per month. Please indicate whether you would like an open shelving unit or a locked cabinet.

SECURITY DEPOSIT The $500 Security Deposit covers any excess cleaning or damages to equipment due to misuse. It is fully refundable if, after inspection by the Kitchen Manager, the kitchen is found to be clean and in good order. Security deposits will be refunded within 30 days of users last scheduled rental date.

PAYMENT OF FEES We accept Paypal or credit cards for billing. You can Fusion East G-Sheet app to clock in and out of the kitchen. Alternatively, each user will keep track of kitchen time on a Time-Sheet, which will be kept in a Log Book in the kitchen. If your pre-scheduled time goes over, or under the authorized time, it will be recorded in the Log Book. If you are going to be more than 30 minutes over the pre-scheduled time, please call the Kitchen Manager @ . On the 5th of each month, users will be billed via CFX Network email for your kitchen plan. If your hours exceed the number on your designated plan, those hours will be added to your next month's invoice. A VALID CREDIT CARD OR CURRENT BANK DRAFT INFORMATION IS REQUIRED TO BE KEPT ON FILE ON. You will be required to pay all rental and service fees on a monthly basis, or as otherwise agreed to contract by to by the Fusion East Manager. Payments are automatically billed on the 5th of each month. Any bill with a past due date of more than one month will result in the termination of the rental agreement until the bill has been paid and may result in the suspension of future rental use. Any unpaid fees will be taken out of the users security deposit.

CANCELLATIONS The Incubator Kitchen requires no less than 24 hours notice of cancellation. In the event that a cancellation is made without adequate notice, 50% of the hourly rate will be assessed.

In the event that equipment failure renders the facility temporarily unavailable, at no fault of the user, the user will be given credit for lost time.

There are times when kitchen space is not available, however – the Kitchen Manager will do everything to ensure that your needs for kitchen space are met. Please reserve a block that includes one half hour for setup, and one half-hour for clean-up either side of the hours you need for processing. Reservations may be made up to one year in advance.

Fusion East 1179 Elton Street, Brooklyn, NY 11239 917-346-7996 ​info@fusioneast.com​ 941 585 8482 i​ nfo@cfxnetwork.com

ACCESS TO THE FACILITY The Fusion East Kitchen is not open to public access. Only pre-approved users may be in the production area. Any children in the food processing area must be in the presence of an adult at all times.

Access to the facility will be provided by the security officer on shift and or security badge issued from the Fusion East manger. The user shall not pass the badge onto others, including delivery vendors.

NUMBER OF USERS IN THE KITCHEN In order to prevent cross contamination and to minimize unsafe crowding of the kitchen, no more than four (4) users from four (4) individual businesses will be allowed in the kitchen at the same time, provided this is agreeable to all processors, the types of processing are compatible, and safety and sanitation policies are not compromised. The total number of people directly involved in processing allowed in the "kitchen area" may not exceed eight (8).

INSPECTION The Fusion East Kitchen and its agents shall have the right to inspect at all times. The state licensing agency and food safety inspectors may inspect without advance notice.

INSPECTION REPORTS A copy of every inspection report must be submitted to the Kitchen Manager and will be kept in the on-site tenant file.

FOOD AND EQUIPMENT SANITATION All individuals using the kitchen must be in good health, and follow all required sanitation requirements as identified by the New York Department of Health including dress code, food handling, equipment sanitation, personal hygiene, hand washing, hair nets, gloves as required by code.

CLEANING THE FACILITY Each user is responsible for cleaning the kitchen to the same standard they find it in upon arrival. If the kitchen is not cleaned to the required standard prior to users reserved time period, the user must notify the Kitchen Manager @ Day and Night # 917 346 7996 or 888 444 7854 x6 . Instructions for cleaning the kitchen are provided to each user in writing during orientation.

Fusion East 1179 Elton Street, Brooklyn, NY 11239 917-346-7996 ​info@fusioneast.com​ 941 585 8482 i​ nfo@cfxnetwork.com

Instructions for cleaning the kitchen are also posted in the kitchen. Tenants who repeatedly do not comply with proper cleaning procedures may be assessed a $250 cleaning fee.

PRODUCTS PRODUCED All products produced must meet the approval of the Kitchen Manager or designated staff. All products must be processed, labeled, packaged, and warehoused according to New York State Laws and other local or federal codes as required.Copies of all labels must be included in the on-site user file.

INGREDIENT AND PACKAGING RECORDS Sourcing of all ingredients and packaging used in the production of foods at the Fusion East Kitchen must be identified and filed at the kitchen facility in the on-site user file.

NOTICE OF RECALL, CLAIMS, AND SUITS The Fusion East Kitchen manager must be notified immediately of any recall, claims, suits, or pending litigation.

DISMISSAL FROM FACILITY If the tenant fails to comply with contract requirements or policies established by the Fusion East Kitchen, dismissal from the facility may result. If the breach of contract or policy puts others at harm or risk, the dismissal will be immediate. Under other conditions, failure to comply one time will result in a verbal reminder and warning. Failure to comply a second time will result in a written warning. Failure to comply a third time will result in suspension for three months.The user may return after three months on a probationary period with reviews after each use for three months.

CHECKLIST PRIOR TO RENTAL: 1. Complete both the Rental Application AND the Rental Agreement Forms using our secure online forms. The Rental Agreement Form contains all the Rules & Regs.

2. Pay your Application Fee. Select which category you fall into on the Fee Options page and pay the appropriate fee using our secure Fee Payment Form.

3. Pay your Security Deposit. Select which category you fall into on the Fee Options page and pay the appropriate Security Deposit using our secure Fee Payment Form. The Security Deposit covers any excess cleaning or damages to equipment due to misuse. It is fully refundable if, after inspection by the Kitchen Manager, the kitchen is found to be clean and in good order. You

Fusion East 1179 Elton Street, Brooklyn, NY 11239 917-346-7996 ​info@fusioneast.com​ 941 585 8482 i​ nfo@cfxnetwork.com

do not need to pay your Security Deposit until the Kitchen Manager has contacted you with approval of your application. However, the Security Deposit must be paid prior to use of kitchen.

4. Provide a Certificate of Insurance. All renters must provide the Kitchen Manager with a COI. See the Rules & Regs and Rental Agreement for details.

5. Provide DOH Documentation. For caterers, personal chefs and food trucks, please email us an electronic copy of your New York State Department of Health Certificate or fax# 917-346-7996 or 888 261 6014. For specialty food producers and/or bakers, please email us an electronic copy of your NY DOH Inspection Report or fax to the number above. If you do not have the required documentation, please contact the Kitchen Manager, and we will assist you in securing the proper documentation.

6. User Orientation. Each user must schedule a time prior to their first rental time slot to go through a User Orientation. This generally takes 15-30 minutes. The Kitchen Manager provides a walk-through, equipment demonstration, clean-up procedures, hand-outs and/or other pertinent materials, and answers questions. Call 917-346-7996 or email the Kitchen Manager Andrew@fusioneastny.com​ to schedule your orientation.

7. Email the Kitchen Manager ​Andrew@fusioneastny.com​ with your desired rental dates and times.

8. Access. Once you have applied and been approved and followed all of the above steps, you will be emailed an Access Code for the front door. To request a new Access, email us.

9. Create Your Food Corridor Account. We use The Food Corridor for our scheduling and billing. Once you’ve completed your Application and Agreement, we will create an account for you and send you instructions on how to complete your account. Once you’ve entered your credit card or bank draft information, you can use the software to request time in the kitchen.

You will receive your invoice on the third of each month and will have two days to review it before you are billed on the fifth.

10. Sign the Signature Page (below).

This Waiver of Liability is made on (dated below) between Fusion East, LLC, here in after referred to as Kitchen Management (Landlord) and Kitchen User (Business Name on Signature Page Below): 1. General Indemnification: Except to the extent resulting solely from the gross negligence, recklessness, willful or intentional misrepresentation, misconduct, or fraud or violation of law by the Landlord or its directors, officers, employees, or agents, Tenant hereby indemnifies and shall defend and hold harmless the Landlord and its directors, officers, employees, or agents

Fusion East 1179 Elton Street, Brooklyn, NY 11239 917-346-7996 ​info@fusioneast.com​ 941 585 8482 i​ nfo@cfxnetwork.com

from any and all claims, actions, suits, proceedings, losses, damages, liabilities, costs, fees, or expenses, joint or several (including without limitation reasonable attorney's fees), arising or resulting from or in connection with (i) Landlord's Services, or (ii) any negligence, gross negligence, recklessness, willful or intentional misrepresentation, misconduct or fraud or violation of law by User or its directors, officers, employees, agents or shareholders.

2. Damage: Landlord is hereby released from any damage or injury to person or property caused by or resulting from steam, electricity, gas, water, rain, ice or snow, or any leak or flow from or into any part of said building or from any damage or injury resulting from any cause whatsoever, and for any damage, injury, or inconvenience caused by interruption of utility service. Tenant is responsible for removal of property from the premises in the event of flood, extended power outage, or other occurrence.

3. Construction and Repair: Landlord shall not be liable for any damage, compensation,or claim by reason of inconvenience or annoyance arising from the necessity of repairing any portion of the building, the interruption of the use of the premises, or the termination of this Lease by reason of the destruction of the premises.

4. Theft: Landlord shall not be liable for any loss or claim due to theft from the premises of commodities, equipment, inventory, or other Use-owned items.

CONFIDENTIALITY AGREEMENT The following confidentiality agreement is made between Fusion East, LLC. and the business user (named below), herein referred to as the user, for staff of Fusion East, LLC to provide the kitchen.

Fusion East, LLC Staff will make every effort to keep confidential any information not otherwise generally available to the public that it may receive from the client in connection with this Agreement regarding the business and affairs of said client. In particular,Fusion East, LLC Kitchen will not knowingly disclose to any third party any ingredient, formulation, processing, or financial information on any product made by the client without express written consent of said client.

This agreement does not cover: (i) any disclosure required by applicable law or regulation or (ii) any use or disclosure of information that was (A) already known to or in the possession of Fusion East, LLC Kitchen at the time of receipt from client, (B) in the public domain without disclosure by the client, (C) obtained by the client from an independent source or otherwise developed independently from the client.

SIGNATURE PAGE

Fusion East 1179 Elton Street, Brooklyn, NY 11239 917-346-7996 ​info@fusioneast.com​ 941 585 8482 i​ nfo@cfxnetwork.com

I acknowledge that I have read all agree to all of the Fusion East, LLC Kitchen rules and regulations contained herein, as well as any New York State regulations regarding food preparation and sales. I also agree to the Waiver of Liability Agreement (above) and the Confidentiality Agreement (above).

Fusion East 1179 Elton Street, Brooklyn, NY 11239 917-346-7996 ​info@fusioneast.com​ 941 585 8482 i​ nfo@cfxnetwork.com