This Commercial Kitchen Use Agreement is entered into between The Q Commercial Kitchen & Commissary, located in Boaz, Alabama, referred to as “The Q,” and Dorothy ____________________ and ____________________, DBA ______________________________________, referred to as “Operator.”
1. Purpose
Operator operates, or is preparing to operate, a food truck business at a fixed location near Rockledge, Alabama. Operator desires to use The Q for approved commercial kitchen and commissary purposes.
2. Onboarding Required Before Access
Operator may sign this Agreement and pay the required deposit and first monthly fee before beginning use of The Q.
However, Operator shall not begin using The Q’s kitchen, equipment, refrigeration, storage areas, commissary facilities, keys, codes, or access credentials until Operator has completed The Q’s onboarding process, provided all documents requested by The Q, completed a kitchen walk-through/orientation, and received written or verbal approval from The Q to begin scheduling kitchen time.
The Q may require Operator to provide business information, menu information, health department permits or applications, proof of insurance, food safety documentation, refrigeration/storage details, and any other information reasonably needed to protect The Q, comply with health department requirements, and coordinate shared use of the facility.
The Q may approve or decline Operator’s access in The Q’s reasonable discretion after reviewing Operator’s onboarding materials. If The Q declines approval before Operator begins use, The Q will refund prepaid monthly fees and the deposit, less any amounts actually owed to The Q.
3. Health Department Approval and Compliance
Operator is responsible for obtaining and maintaining all licenses, permits, inspections, approvals, and authorizations required for Operator’s food truck, food business, menu, location, and use of The Q.
Operator shall not begin regular kitchen or commissary use until Operator provides health department documentation acceptable to The Q, including any required mobile food unit approval, commissary verification, plan of operations, permit, inspection paperwork, or written communication from the applicable health department.
Operator agrees to comply with all applicable health department rules, food safety requirements, permit conditions, and The Q’s kitchen rules.
The Q’s willingness to provide kitchen or commissary access does not relieve Operator of responsibility for obtaining approval from the proper health department or other regulatory authority.
4. Kitchen Access
The Q agrees to provide Operator with up to 80 hours of kitchen use per month, subject to completion of onboarding and approval by The Q.
Each monthly period runs from the 7th day of the month through the 6th day of the following month, unless otherwise agreed in writing.
This Agreement includes reasonable scheduled use of The Q’s general commercial kitchen space and standard kitchen equipment, including prep tables, sinks, refrigeration as approved and available, ovens, stove/cookline equipment, and other ordinary kitchen equipment approved by The Q.
This Agreement does not include use of the smoker, smoker room, chargrill, or any other specialty equipment or space unless separately agreed to in writing.
Kitchen time must be scheduled in advance and is subject to reasonable availability, coordination with other users, and The Q’s operating rules.
Operator’s scheduled kitchen time does not give Operator exclusive use of The Q facility. The Q, its owners, staff, other approved operators, inspectors, repair persons, or other authorized persons may be present or using other areas of the facility during Operator’s scheduled time.
Unused hours do not roll over to future months unless agreed to in writing.
5. Refrigerated Storage
Operator may use reasonable refrigerated storage space at The Q as approved and assigned by The Q.
All food, ingredients, and products left at The Q must be properly sealed, labeled, dated, and stored in compliance with health department requirements and The Q’s rules.
Operator may not store items outside the space or equipment approved by The Q. The Q may require removal of any item that is unlabeled, improperly stored, expired, unsafe, excessive in quantity, or otherwise unacceptable.
The Q may discard any food, ingredients, supplies, or other items that are unlabeled, undated, expired, unsafe, improperly stored, abandoned, excessive in quantity, or not removed after termination. Operator is responsible for any related disposal or cleaning costs.
The Q is not responsible for loss, spoilage, contamination, equipment failure, power outage, theft, or damage to Operator’s food, ingredients, products, or supplies unless caused by The Q’s intentional misconduct or gross negligence.
6. Commissary Support
This Agreement includes reasonable commissary support related to Operator’s approved food truck operation, including scheduled access for water fill, gray-water disposal, reasonable trash disposal, and related servicing needs, as approved by The Q.
This commissary support is included only for Operator’s approved food truck operation and does not include additional mobile units, additional businesses, additional locations, additional menus, or unscheduled use unless separately agreed to in writing.
Commissary support is limited to the mobile unit, menu, servicing activities, and plan of operations approved by The Q and any applicable health department.
7. Monthly Fee
Operator agrees to pay The Q $1,000.00 per month for the 80-hour kitchen-use arrangement.
The first monthly fee and deposit are due upon signing.
Future monthly payments are due on or before the 7th day of each month.
If payment is not received by the 10th day of the month, Operator shall owe a $50.00 late fee. The Q may suspend Operator’s kitchen access until all unpaid amounts are paid in full.
8. Deposit
Operator shall pay a $500.00 deposit upon signing this Agreement.
The deposit may be used by The Q for unpaid fees, late fees, cleaning costs, damage, missing equipment, spoiled or abandoned food, disposal costs, or other amounts owed by Operator.
Any unused portion of the deposit will be returned after this Agreement ends, provided Operator has paid all amounts owed and left the kitchen, equipment, storage areas, and premises in acceptable condition.
9. Insurance
Before regular kitchen or commissary access begins, Operator shall provide proof of commercial general liability insurance in an amount acceptable to The Q.
The insurance should include coverage for Operator’s food business operations and food products. The Q may require Operator to name The Q as an additional insured.
Operator must keep required insurance in effect during the term of this Agreement. Failure to provide or maintain required insurance may result in suspension or termination of access.
10. Cleaning and Use of Premises
Operator must clean and reset all areas, equipment, utensils, sinks, tables, floors, storage areas, and other spaces used during each scheduled kitchen session.
Operator is responsible for any damage caused by Operator, Operator’s employees, helpers, agents, guests, or other persons entering the facility through Operator’s access.
Operator may not leave food, supplies, equipment, trash, or personal items at The Q unless approved in advance.
Operator may not share keys, codes, alarm information, or access credentials with any person. Only persons approved by The Q may enter or work in the facility.
11. Indemnity and Liability
Operator is responsible for Operator’s own business, food products, employees, helpers, customers, equipment, and operations.
The Q is not responsible for Operator’s losses, claims, food product issues, business interruptions, injuries, or damages except to the extent caused by The Q’s intentional misconduct or gross negligence.
Operator shall indemnify, defend, and hold harmless The Q, its owners, members, employees, agents, and representatives from and against any claims, losses, damages, fines, penalties, costs, expenses, attorney fees, liabilities, injuries, foodborne illness claims, regulatory actions, or third-party claims arising out of or related to Operator’s business, food products, employees, helpers, guests, use of The Q, storage of food or supplies, failure to clean, failure to comply with law, or violation of this Agreement, except to the extent caused by The Q’s intentional misconduct or gross negligence.
12. Term and Termination
This Agreement begins on May 7, 2026.
This Agreement may be ended by either party with 30 days’ written notice.
The Q may terminate this Agreement immediately if Operator fails to pay, violates health or safety rules, damages property, misuses the premises, improperly stores food, fails to complete onboarding, fails to provide requested documents, fails to maintain required insurance, shares access credentials, or creates a risk to The Q, other operators, or the public.
13. No Assignment or Unauthorized Use
Operator may not assign this Agreement, share use rights, allow another business to use The Q under this Agreement, or use The Q for any business, truck, menu, location, or activity not approved by The Q.
14. No Lease or Ownership Interest
This Agreement gives Operator permission to use The Q’s kitchen and commissary facilities under the terms stated above. It does not create a lease, partnership, joint venture, employment relationship, or ownership interest in The Q.
15. Entire Agreement
This document contains the entire agreement between The Q and Operator regarding this kitchen-use arrangement. Any changes must be in writing and signed by both parties.
Signatures
The Q Commercial Kitchen & Commissary
By: ___________________________________
Printed Name: ___________________________
Date: __________________________________
Operator
Signature: ______________________________
Printed Name: ___________________________
Date: __________________________________
Additional Operator, if applicable
Signature: ______________________________
Printed Name: ___________________________
Date: __________________________________
The Q - Commercial Kitchen & Commissary 