Pop-Up Dinner Series
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THE MAAS BUILDING
RESPONSIBLE USE AGREEMENT
THIS AGREEMENT is made and entered into by and between TS MAAS, LLC, a Pennsylvania limited liability company with offices at 1325 N Randolph St, Philadelphia, PA, 19122 and (the “Host”).
TS MAAS, LLC owns and operates the “MAAS BUILDING” (premises located at 1325 Randolph Street, Philadelphia, PA 19122). The Hosts wish to collaborate with TS MAAS, LLC (Hereby referred to as “MAAS”) on a dining event at the MAAS BUILDING for a ticketed dinner to be held on ___ (the “Event”). TS MAAS, LLC is willing to collaborate and work with the Hosts under the following conditions:
A maximum of 40 tickets can be sold at a price of $75-$100 gratuity included. The meal will be a BYOB format, with the Guests bringing beer or wine only. Host will be responsible for the Planning, Preparing, Cooking and serving of the food while MAAS will take care of Setup/Breakdown and Hosting the Event. MAAS will be responsible for the sale of tickets and the following “Front of House” Obligations: - MAAS will do take care of House inventory including garden lights, candles, printed material, and lighting a fire in the fire pit.
- MAAS will do all table and chair setup and breakdown - MAAS will pre-print menus for the dinner - MAAS will take care of public signage relating to Covid-19 safety measures. - MAAS will set up speakers and provide a format for playing dining-level music and making announcements (if needed) on a microphone. - MAAS will provide one staff person to greet guests, check names, and seat guests at tables.
- MAAS will take care of washing all dinner dishes, glasses, silverware. The HOST will: - Clearly communicate any and all plans in terms of menu and drinks at least 1 week before Event for MAAS input and approval and discuss on-site usage of MAAS Kitchen. - Not bring more than 5 staff members to work the event. - Not have more than 3 people in the kitchen at all times. - All Staff must wear masks at all times. - Wash all cooking equipment, pans and Back of House inventory. - Provide a folder of clear and detailed receipts upon arrival the day of the Event.
Upon Completion of the Event, MAAS will pay out to the Host according to the following calculation: All Receipts shall be reimbursed to Host off the Total Income. The remaining income will be split 50/50. Therefore, MAAS will cut the Host a check in the amount of (Total Receipts) + 50% of Net Income.
IN CONSIDERATION of the foregoing and intending to be legally bound hereby, the parties agree as follows: MAAS BUILDING Safe and Responsible Use Policies: The Hosts agree that they and/or their designated Responsible Persons will themselves adhere to, and take all reasonable steps to ensure that the Hosts’ Invitees adhere to the following policies at the MAAS BUILDING during the Event and during any visits for preparation or cleaning prior or subsequent to the Event: (a) Illegal conduct: There will be no illegal conduct on the MAAS BUILDING premises. (b) Consumption and Service of Alcoholic Beverages: Any consumption or service of alcoholic beverages will be done in a responsible manner and no person who is visibly intoxicated will be served or permitted to consume additional alcoholic beverages. In addition, any visibly intoxicated person(s) will not be permitted to drive. (c) Responsible conduct: Hosts and their Invitees will behave in a reasonably responsible manner, exercise reasonable care and refrain from reckless conduct while on the MAAS BUILDING premises. (d) Music and Noise Ordinance Compliance: Music and noise are permitted at a level that is not unduly loud (i.e. not heard at more than a medium volume on the street or by adjacent neighbors). The Hosts and the Responsible Persons will respond promptly and appropriately to any noise complaints by neighbors by reducing noise/music to an acceptable level to avoid further complaints, and in accordance with applicable noise ordinances, specifically the City of Philadelphia Noise Ordinance (Bill No. 050749). (e) Event to Take Place on MAAS BUILDING Premises: The Hosts and their Invitees will remain within the doors/gates of the MAAS BUILDING during the course of the Event, and will be strongly discouraged from spending excessive periods of time on the sidewalks or streets directly outside the MAAS Building premises. (f) Damage Deposit: There will be a Damage/Cleaning Deposit of $100 due to be returned to the Hosts upon positive inspection of the premises by the MAAS BUILDING Staff within 5 business days after the Event. MAAS may withhold an amount of the Damage Deposit for the following reasons: - Upon inspection it is determined that there are damages to the building or grounds/gardens. - Failure to comply with the Trash and Recycling Protocol (below) - Staying later than the contracted time. - Any other contract infringements. Trash and Recycling Protocol: MAAS will supply plenty of trash and recycling bags and containers as well as 4 large dumpster-type bins for final disposal. It is the responsibility of the Hosts and/or their Vendors (i.e. catering staff) to properly dispose of trash and recycling according to MAAS guidelines. A detailed protocol sheet will be supplied by MAAS to the Hosts in advance of the event. The Spaces must be swept and clear of debris (mopping not required). Absolutely no food waste left out overnight. All trash and recycling must be successfully disposed in separate bags and placed in the appropriate bins by the gate provided by MAAS. Trash and recycling bags must fit into the bins, and any bags beyond what fit without propping the lid up will be considered an excess amount and charged by the following schedule: $40/bag of trash and $25/bag of recycling.
Assumption of Risk: Using the MAAS BUILDING for an Event carries with it certain inherent risks regardless of the care taken to avoid injuries, incidents or any other damages to person or property. MAAS agrees that the MAAS BUILDING staff will take every reasonable precaution and conduct reasonable inspections of the MAAS BUILDING premises prior to the Event to ensure safety of the Hosts and the Invitees during the Term. However, the Hosts agree that, with the exception of criminal or intentional or grossly negligent conduct by MAAS or its officers, directors, members, employees or agents, neither MAAS nor its officers, directors, members, employees or agents or their heirs or personal representatives will be responsible for any damages to property or person of the Hosts or their Invitees if sustained at the MAAS BUILDING during the Event or during any visits to the MAAS BUILDING during the Term in preparation for the Event.
Catering Insurance Certificate: The Hosts are permitted to contract a caterer of their own choosing, provided that the caterer furnishes MAAS with a certificate of liability insurance that names “TS MAAS, LLC” as additionally insured. This certificate shall be provided no later than September 18th, 2020. Waiver of Liability: The Hosts covenant not to sue for and agree to release, waive and discharge MAAS and its officers, directors, members, employees or agents from any and all liabilities, claims, losses, demands, or causes of action, except in the case of criminal or intentional or grossly negligent on the part of MAAS or its officers, directors, members, employees or agents, that may arise from or be related to any loss, damage, accident, illness, or injury, including death, which may be sustained by the Hosts or their Invitees at the MAAS BUILDING during the Term.
Indemnification: The Hosts agree to defend, indemnify and hold harmless MAAS and its officers, directors, members, employees or agents from and against every loss, claim, expense (including attorney’s fees and costs), liability or payment by reason of any damages or injury to person (including death), or property (including loss of use or theft thereof) directly or indirectly arising out of, or in connection with this Agreement in proportion to and to the extent that such injury, death or damage is caused by the actual or claimed tortuous conduct (active or passive) of the Hosts and their Invitees. Governing Law and Dispute Resolution: This Agreement shall be governed by the laws of the Commonwealth of Pennsylvania, regardless of the place of its execution. Any dispute arising out of or relating to this Agreement shall be resolved in accordance with the arbitration procedure specified below, which shall be the sole and exclusive procedure for the resolution of any such disputes. Arbitration: MAAS and the Hosts shall attempt in good faith to resolve any dispute arising out of or relating to this Agreement by Arbitration according to the procedures set forth in the Pennsylvania Uniform Arbitration Act. Arbitrators will be appointed by mutual agreement of the parties, and any costs associated with the Arbitration (barring attorneys’ fees) will be paid in equal measure by the parties, while the prevailing party in the arbitration reserves the right to petition the appointed Arbitrator to award such costs to the prevailing party upon resolution of the dispute or controversy. Force Majeure: Neither MAAS nor the Hosts shall be liable for failure to perform under the terms and conditions of this Agreement if such failure is caused by or due to the acts or regulations of public authorities, civil tumult, acts of nature, or any cause beyond the control of MAAS or the Hosts, excluding economic hardship, changes in market conditions, and insufficiency of funds. Severability: If any provision of this Agreement is or becomes invalid, illegal or unenforceable in any respect under any law, the validity, legality and enforceability of the remaining provisions hereof shall remain in force. Agreement in its Entirety: This document contains the entire agreement between the parties and no other agreement, representation or understanding will be binding on the parties unless made in writing by mutual consent of both MAAS and the Hosts. Acknowledgment and Understanding: Each of the Hosts by signing below, hereby acknowledge that he/she has read and fully understands the terms of this Agreement and has signed this Agreement freely and voluntarily. MAAS has caused this Agreement to be executed by one of its duly authorized officers or members.
TS MAAS, LLC owns and operates the “MAAS BUILDING” (premises located at 1325 Randolph Street, Philadelphia, PA 19122). The Hosts wish to collaborate with TS MAAS, LLC (Hereby referred to as “MAAS”) on a dining event at the MAAS BUILDING for a ticketed dinner to be held on ___ (the “Event”). TS MAAS, LLC is willing to collaborate and work with the Hosts under the following conditions:
A maximum of 40 tickets can be sold at a price of $75-$100 gratuity included. The meal will be a BYOB format, with the Guests bringing beer or wine only. Host will be responsible for the Planning, Preparing, Cooking and serving of the food while MAAS will take care of Setup/Breakdown and Hosting the Event. MAAS will be responsible for the sale of tickets and the following “Front of House” Obligations: - MAAS will do take care of House inventory including garden lights, candles, printed material, and lighting a fire in the fire pit.
- MAAS will do all table and chair setup and breakdown - MAAS will pre-print menus for the dinner - MAAS will take care of public signage relating to Covid-19 safety measures. - MAAS will set up speakers and provide a format for playing dining-level music and making announcements (if needed) on a microphone. - MAAS will provide one staff person to greet guests, check names, and seat guests at tables.
- MAAS will take care of washing all dinner dishes, glasses, silverware. The HOST will: - Clearly communicate any and all plans in terms of menu and drinks at least 1 week before Event for MAAS input and approval and discuss on-site usage of MAAS Kitchen. - Not bring more than 5 staff members to work the event. - Not have more than 3 people in the kitchen at all times. - All Staff must wear masks at all times. - Wash all cooking equipment, pans and Back of House inventory. - Provide a folder of clear and detailed receipts upon arrival the day of the Event.
Upon Completion of the Event, MAAS will pay out to the Host according to the following calculation: All Receipts shall be reimbursed to Host off the Total Income. The remaining income will be split 50/50. Therefore, MAAS will cut the Host a check in the amount of (Total Receipts) + 50% of Net Income.
IN CONSIDERATION of the foregoing and intending to be legally bound hereby, the parties agree as follows: MAAS BUILDING Safe and Responsible Use Policies: The Hosts agree that they and/or their designated Responsible Persons will themselves adhere to, and take all reasonable steps to ensure that the Hosts’ Invitees adhere to the following policies at the MAAS BUILDING during the Event and during any visits for preparation or cleaning prior or subsequent to the Event: (a) Illegal conduct: There will be no illegal conduct on the MAAS BUILDING premises. (b) Consumption and Service of Alcoholic Beverages: Any consumption or service of alcoholic beverages will be done in a responsible manner and no person who is visibly intoxicated will be served or permitted to consume additional alcoholic beverages. In addition, any visibly intoxicated person(s) will not be permitted to drive. (c) Responsible conduct: Hosts and their Invitees will behave in a reasonably responsible manner, exercise reasonable care and refrain from reckless conduct while on the MAAS BUILDING premises. (d) Music and Noise Ordinance Compliance: Music and noise are permitted at a level that is not unduly loud (i.e. not heard at more than a medium volume on the street or by adjacent neighbors). The Hosts and the Responsible Persons will respond promptly and appropriately to any noise complaints by neighbors by reducing noise/music to an acceptable level to avoid further complaints, and in accordance with applicable noise ordinances, specifically the City of Philadelphia Noise Ordinance (Bill No. 050749). (e) Event to Take Place on MAAS BUILDING Premises: The Hosts and their Invitees will remain within the doors/gates of the MAAS BUILDING during the course of the Event, and will be strongly discouraged from spending excessive periods of time on the sidewalks or streets directly outside the MAAS Building premises. (f) Damage Deposit: There will be a Damage/Cleaning Deposit of $100 due to be returned to the Hosts upon positive inspection of the premises by the MAAS BUILDING Staff within 5 business days after the Event. MAAS may withhold an amount of the Damage Deposit for the following reasons: - Upon inspection it is determined that there are damages to the building or grounds/gardens. - Failure to comply with the Trash and Recycling Protocol (below) - Staying later than the contracted time. - Any other contract infringements. Trash and Recycling Protocol: MAAS will supply plenty of trash and recycling bags and containers as well as 4 large dumpster-type bins for final disposal. It is the responsibility of the Hosts and/or their Vendors (i.e. catering staff) to properly dispose of trash and recycling according to MAAS guidelines. A detailed protocol sheet will be supplied by MAAS to the Hosts in advance of the event. The Spaces must be swept and clear of debris (mopping not required). Absolutely no food waste left out overnight. All trash and recycling must be successfully disposed in separate bags and placed in the appropriate bins by the gate provided by MAAS. Trash and recycling bags must fit into the bins, and any bags beyond what fit without propping the lid up will be considered an excess amount and charged by the following schedule: $40/bag of trash and $25/bag of recycling.
Assumption of Risk: Using the MAAS BUILDING for an Event carries with it certain inherent risks regardless of the care taken to avoid injuries, incidents or any other damages to person or property. MAAS agrees that the MAAS BUILDING staff will take every reasonable precaution and conduct reasonable inspections of the MAAS BUILDING premises prior to the Event to ensure safety of the Hosts and the Invitees during the Term. However, the Hosts agree that, with the exception of criminal or intentional or grossly negligent conduct by MAAS or its officers, directors, members, employees or agents, neither MAAS nor its officers, directors, members, employees or agents or their heirs or personal representatives will be responsible for any damages to property or person of the Hosts or their Invitees if sustained at the MAAS BUILDING during the Event or during any visits to the MAAS BUILDING during the Term in preparation for the Event.
Catering Insurance Certificate: The Hosts are permitted to contract a caterer of their own choosing, provided that the caterer furnishes MAAS with a certificate of liability insurance that names “TS MAAS, LLC” as additionally insured. This certificate shall be provided no later than September 18th, 2020. Waiver of Liability: The Hosts covenant not to sue for and agree to release, waive and discharge MAAS and its officers, directors, members, employees or agents from any and all liabilities, claims, losses, demands, or causes of action, except in the case of criminal or intentional or grossly negligent on the part of MAAS or its officers, directors, members, employees or agents, that may arise from or be related to any loss, damage, accident, illness, or injury, including death, which may be sustained by the Hosts or their Invitees at the MAAS BUILDING during the Term.
Indemnification: The Hosts agree to defend, indemnify and hold harmless MAAS and its officers, directors, members, employees or agents from and against every loss, claim, expense (including attorney’s fees and costs), liability or payment by reason of any damages or injury to person (including death), or property (including loss of use or theft thereof) directly or indirectly arising out of, or in connection with this Agreement in proportion to and to the extent that such injury, death or damage is caused by the actual or claimed tortuous conduct (active or passive) of the Hosts and their Invitees. Governing Law and Dispute Resolution: This Agreement shall be governed by the laws of the Commonwealth of Pennsylvania, regardless of the place of its execution. Any dispute arising out of or relating to this Agreement shall be resolved in accordance with the arbitration procedure specified below, which shall be the sole and exclusive procedure for the resolution of any such disputes. Arbitration: MAAS and the Hosts shall attempt in good faith to resolve any dispute arising out of or relating to this Agreement by Arbitration according to the procedures set forth in the Pennsylvania Uniform Arbitration Act. Arbitrators will be appointed by mutual agreement of the parties, and any costs associated with the Arbitration (barring attorneys’ fees) will be paid in equal measure by the parties, while the prevailing party in the arbitration reserves the right to petition the appointed Arbitrator to award such costs to the prevailing party upon resolution of the dispute or controversy. Force Majeure: Neither MAAS nor the Hosts shall be liable for failure to perform under the terms and conditions of this Agreement if such failure is caused by or due to the acts or regulations of public authorities, civil tumult, acts of nature, or any cause beyond the control of MAAS or the Hosts, excluding economic hardship, changes in market conditions, and insufficiency of funds. Severability: If any provision of this Agreement is or becomes invalid, illegal or unenforceable in any respect under any law, the validity, legality and enforceability of the remaining provisions hereof shall remain in force. Agreement in its Entirety: This document contains the entire agreement between the parties and no other agreement, representation or understanding will be binding on the parties unless made in writing by mutual consent of both MAAS and the Hosts. Acknowledgment and Understanding: Each of the Hosts by signing below, hereby acknowledge that he/she has read and fully understands the terms of this Agreement and has signed this Agreement freely and voluntarily. MAAS has caused this Agreement to be executed by one of its duly authorized officers or members.
Past Chefs have included;
