Aloha and
Mahalo for your interest in the Waialua Community
Kitchen (“WCK”), a project of the Friends for
Waialua Town (“FWT”). The purpose of this
Information and Policies sheet is to provide
important facts and information about how to use
the kitchen facility and to explain the policies
kitchen users must understand and follow. THE
FOLLOWING POLICIES CONSTITUTE A LEGALLY BINDING
AGREEMENT BETWEEN YOU AND FRIENDS FOR WAIALUA TOWN.
Please review this information carefully and
contact the Kitchen Manager at 551-4464 if you have
any questions.
GENERAL INFORMATION
The WCT
shared-use commercial kitchen is a licensed
facility where local entrepreneurs, caterers,
pushcart vendors, civic groups, and producers of
specialty food items can legally manufacture their
products at an affordable rate. The kitchen
facility has been granted a permit as a “food
establishment” by the Sanitation Branch of the
State of Hawaii Department of Health, Environmental
Health Service, pursuant to section 11-12-5, Hawaii
Administrative Rules. The facility provides a
stove, oven, sink, counter space, refrigerator, and
limited kitchen equipment and supplies. Please note
that no overnight parking or repair of vehicles is
permitted.
MONTHLY VENDORS
FWT
charges all kitchen users a reasonable Use Fee
(plus State of Hawaii General Excise Tax at 4.712%)
for use of the kitchen facility. The Use Fee is not
intended to result in a profit for FWT but only to
cover the kitchen’s utilities and maintenance
costs.
Minimum Use. Monthly
Vendors must use the kitchen facility a minimum of
five (5) hours per week each month.
Use Fee. The Use
Fee for Monthly Vendors is $300.00 per month plus
State of Hawaii General Excise Tax, currently
4.712%. The Monthly Vendor is responsible for
payment of the General Excise Tax. The Use Fee is
due on the first calendar day of the month, subject
to a five (5) day grace period, by check payable to
Friends for Waialua Town. Late payments or returned
checks are subject to a $50.00 fee.
No Refund. A
Monthly Vendor shall not be entitled to a refund of
all or any portion of the Use Fee due to non-use of
the kitchen facility, regardless of the reason for
such non-use.
Cancellation Fee. Monthly
Vendors who complete the Reservation Form,
establish a monthly schedule, and subsequently fail
to pay the Use Fee or to use the kitchen facility
shall be subject to a $50.00 cancellation fee.
Termination. FWT
reserves the right to terminate and prohibit use of
the kitchen facility by any Monthly Vendor who
fails to pay the Use Fee for a period of thirty
(30) or more consecutive days. Any such termination
event is not confidential and FWT reserves the
right to provide information to the Department of
Health regarding termination of use of the kitchen.
OCCASIONAL Users
Use. Occasional
Users use the kitchen facility one or more times on
an occasional or infrequent basis.
Use Fee. The Use
Fee for Occasional Users is $15.00 per use plus
State of Hawaii General Excise Tax, currently at
4.712%, by check payable in advance to Friends for
Waialua Town. The Occasional User is responsible
for payment of the General Excise Tax. Returned
checks are subject to a $50.00 fee.
SCHEDULING AND RESERVATIONS
Reservation
Form. All
kitchen users are required to complete the Kitchen
Reservation Form.
Monthly Vendors. Monthly
Vendors shall consult with the Kitchen Manager to
establish a schedule, with dates and times, for
each month of use. Schedules for Monthly Vendors
shall be established approximately two weeks prior
to the first of the month. Monthly Vendors who fail
to timely communicate with FWT to establish their
schedule for a given month are subject to use of
the remaining available dates and times. Once FWT
and the Monthly Vendor have established a schedule,
any exceptions to the schedule may be permitted at
FWT’s sole discretion.
Occasional Users. Occasional
Users must telephone the Kitchen Manager at
551-4464 to cancel the reservation not less than 24
hours in advance of the scheduled date and time to
receive a Use Fee refund. Failure to timely cancel
the reservation will result in a $50.00
cancellation fee.
COOLERS
Temporary use of coolers is available for a fee of
$1.00 per square foot per week plus State of Hawaii
General Excise Tax, currently at 4.712%, by check
payable to Friends for Waialua Town. Returned
checks are subject to a $50.00 fee.
CLEANING
All users are required to clean the kitchen
facility after each use. Monthly Vendors will be
charged a $50.00 penalty fee, to be added to the
Use Fee for the subsequent month, for each failure
to properly clean the kitchen facility. Kitchen
users may employ a cleaner to clean the kitchen,
subject to advance approval by FWT.
TEMPORARY
STORAGE AND ABANDONED PROPERTY
Temporary
Storage of Equipment. All users
are permitted to bring into the kitchen food,
equipment, and related items for cooking and food
preparation purposes during the time the user is
physically present at the kitchen facility. Such
property may be temporarily stored in the kitchen
facility between cooking and food preparation
sessions.
Abandoned Property. Upon
termination of use of the kitchen facility, FWT
will consider any property not promptly removed
from the kitchen to be abandoned property. FWT
shall attempt to notify the vendor and hold the
abandoned property for a period of thirty (30)
calendar days. If the vendor fails to retrieve the
abandoned property prior to the expiration of this
thirty-day period, FWT reserves the right to use or
dispose of the property at its sole discretion.
INSURANCE
Each Monthly Vendor must provide to FWT a current
and valid Certificate of Insurance naming “Friends
for Waialua Town” as an Additional Insured. No use
of the kitchen will be allowed prior to FWT being
provided a copy of the required Certificate of
Insurance.
INDEMNIFICATION
Any and
all users of the kitchen facility, including
Monthly Vendors and Occasional Users as defined
herein (hereafter referred to as “I” or “Me”),
understand and agree that Friends for Waialua Town
is not liable for any injury, loss or damage to
personal or other property arising from use of the
kitchen facility, including its equipment. I Agree
to INDEMNIFY, DEFEND AND HOLD HARMLESS FRIENDS FOR
WAIALUA TOWN AND ANY OF ITS AGENTS OR EMPLOYEES
FROM ANY AND ALL CLAIMS AND LIABILITIES, WHETHER
PROCEEDING TO JUDGMENT, SETTLEMENT, OR OTHERWISE
BROUGHT TO CONCLUSION, ARISING OUT OF ANY
ACTIVITIES OR OPERATIONS PERFORMED BY ME. I furTher
waive all claims or causes of action against
fRIENDS FOR WAIALUA TOWN and its officers,
directors, employees and agents arising out of OR
RELATED TO my use of the kitchen facility and
hereby release, hold harmless, and discharge
FRIENDS FOR WAIALUA TOWN and its officers,
directors, employees and agents from all liability
in connection therewith.
DAMAGE AND REPAIR
Damage
occurring to the kitchen facility or its contents
during or as a result of use is and shall be the
responsibility of kitchen user causing any such
damage, which user shall bear the full cost of
repair, including replacement, if necessary. All
kitchen users shall immediately report any problems
with equipment or facilities to the Kitchen
Manager.
