Agreement (this Agreement) is entered into effective as of the date signed by
the undersigned user (the User).
Joe’s Place Texas, LLC, a Texas limited liability company (Joe’s Place), owns the commissary kitchen
and other commercial-grade kitchen facility, including equipment associated therewith, where food
businesses can rent space to prepare, cook, and store their products (the Kitchen) and the event
space for private events (Event Space) together with the Kitchen, the Business). The Business is
operated at 2108 Paramount Blvd., Amarillo, Texas 79109 (the Building).
In addition to the terms and conditions for use of and access to the Kitchen or Event Space, subject
to the terms of this Agreement.
NOW, THEREFORE, for good and valuable consideration, the receipt of which is acknowledged,
and the benefit of using the Kitchen, Event Space, or Building, User agrees to the following
provisions:
Joe’s Place lets and grants to User a temporary and non-exclusive right to use the Kitchen, Event
Space, and Building, as set forth in the accompanying documents between Joe’s Place and User.
Joe’s Place is not responsible for supervising, staffing, or maintaining a physical presence at the
Building. Joe’s Place is not responsible for training User as to proper handling or storage of foods
and equipment or the cleaning of User’s equipment or the Kitchen or Event Space. Under no
circumstance can Joe’s Place prevent cross-contamination of allergens and User acknowledges the
inherent risk associated with preparing certain foods within the Kitchen.
User agrees to regularly and thoroughly clean the areas of the Kitchen or Event Space utilized by
User, and properly dispose of all trash, in a manner that equals or exceeds the requirements
established by Joe’s Place from time to time, as posted at the Building or otherwise provided to User.
User will properly label and store its food and equipment and is responsible for training its
employees and contractors for User’s operations and purposes in using the Kitchen or Event Space.
User’s failure to comply with any of the terms of this Agreement may result in termination of User’s
rights under this Agreement and imposition of fines, not to exceed $1,000 per occurrence, by Joe’s
Place against User. User and Joe’s Place agree that any fines are not considered punitive, but
represent a reasonable estimation of the harm suffered by Joe’s Place or other parties using the
Kitchen, Event Space, or Building, constituting liquidated damages.
User represents that he, she, or it is familiar with the proper use of the Business, including all
equipment therein, and agrees that User has been instructed in the proper use and function of the
equipment and Business. If User feels that any equipment is not functioning properly, User agrees to
immediately stop using the equipment and contact Joe’s Place for inspection. User agrees that he,
she, or it is solely responsible for User’s and User’s employees’, contractors’, guests’, and invitees’
health and safety, and certifies that User has the experience, skill, and ability necessary to use the
Kitchen and associated equipment.
User agrees not to permit any drug or tobacco use in any portion of the Kitchen, Event Space, or
the Building. User agrees not to permit any consumption or presence of alcohol within the Kitchen,
Event Space, or the Building, without obtaining the prior written consent of Joe’s Place, in
conformance with any requirements established by Joe’s Place.
At all times, User and User Parties will maintain professional behavior and conduct toward all other
users and occupants within the Building and will not permit any form of harassment, disorderly
conduct, or misuse of any property.
USER ASSUMES ANY AND ALL RISKS, HAZARDS, DANGERS, AND ANY HARM, INJURY, OR LOSS
(COLLECTIVELY, RISKS) THAT MAY OCCUR TO USER OR USER’S EMPLOYEES, CONTRACTORS, GUESTS,
AND INVITEES (THE USER PARTIES), AS A RESULT OF USER’S USE OF THE KITCHEN, EVENT SPACE, OR
BUILDING, INCLUDING, BUT NOT LIMITED TO, ANY AND ALL RISKS CAUSED BY THE NEGLIGENCE OR
GROSS NEGLIGENCE, BUT NOT WILLFUL MISCONDUCT, OF JOE’S PLACE OR THE EMPLOYEES OR
CONTRACTORS OF JOE’S PLACE. USER RELEASES, AND AGREES TO INDEMNIFY AND BEAR THE COSTS
OF DEFENSE OF, JOE’S PLACE FROM ANY (A) RISKS SUFFERED BY THE USER PARTIES, (B) ANY RISKS
SUFFERED BY JOE’S PLACE, INCLUDING ANY INJURY OR DAMAGE TO THE BUILDING, ARISING OUT OF
OR RELATED TO THE USE OF THE KITCHEN OR EVENT SPACE, OR (C) USER’S BREACH OF ANY TERMS
PURSUANT TO THIS AGREEMENT.
This Agreement supersedes any other agreements or representations by or between the parties
concerning the subject matter of this Agreement. This Agreement shall be binding to the fullest
extent permitted by law. If any provision of this Agreement is found to be unenforceable, the
remaining terms shall be enforceable. This Agreement shall be binding upon the User Parties and
User’s assignees, heirs, executors, and personal representatives. This Agreement shall be governed by
Texas law without regard to any conflicts of law principles and exclusive jurisdiction of any claim
shall be in the appropriate State or Federal Court located in Potter County, Texas. User also agrees
that any litigation in which the validity or enforceability of this Agreement is contested, User agrees
that the party contesting this Agreement will pay all attorney’s fees and costs of the parties seeking
to uphold this Agreement.
Cobot is the web platform used by Joe's Place to provide this website.
See Cobot Terms
