Manager Guarantee Terms and Conditions

Last Updated: March 2023

Please read these Manager Guarantee Terms carefully as they contain important information about your legal rights, remedies and obligations. By posting a Listing or otherwise using the KitchenB2B Platform as a Manager, you agree to comply with and be bound by these Manager Guarantee Terms.

KitchenB2B agrees to pay you, as a Manager, to repair or replace your Covered Property (as defined below) damaged or destroyed as a result of a Covered Loss (as defined below), subject to the limitations, exclusions and conditions in the Manager Guarantee Terms. You must comply with all of the requirements and conditions in these Manager Guarantee Terms in order to be eligible to receive any payments for Covered Losses. Your failure to fully comply will prevent your recovery.

You acknowledge and agree to use your best efforts to communicate with the Responsible Patron (as defined below) as soon as possible after you discover any physical loss or damage to your Covered Property. You must notify KitchenB2B as well as the Responsible Patron about your complaint and attempt to resolve the loss or damage with the Responsible Patron within the earlier of (i) two (2) days of the check-out date, or (ii) before your next Patron checks in. You may fulfill this obligation by submitting a claim via the KitchenB2B Resolution Center.

You acknowledge and agree that any amount of Covered Losses payable to you under the KitchenB2B Manager Guarantee will be reduced by the amounts you have already collected for the same Covered Losses from a source other than the KitchenB2B Manager Guarantee, including without limitation: (i) amounts received under an insurance policy, guarantee or indemnity; (ii) a security deposit; or (iii) payment directly by the Responsible Patron, or other party or an insurer or guarantor of such party. You agreed that you have notified your insurance company that you are “sharing” your kitchen with other businesses and have added any necessary insurance coverage to your own insurance policy. Your insurance company may have suggested that you add additional insurance to your policy to cover the “sharing” of the kitchen.

The KitchenB2B Manager Guarantee pays Covered Losses only after you have met all the requirements from KitchenB2B.

Conditions to the KitchenB2B Manager Guarantee

In order to be eligible to obtain payment under these Manager Guarantee Terms, you must fully comply with each of the following conditions. Your failure to fully comply will prevent your recovery of any Covered Losses. In all cases, the burden of proof will be upon you to demonstrate that you have complied with the following conditions.

You must have incurred Covered Losses.

You must have used reasonable efforts in connection with the Responsible Patron at your facility to comply with KitchenB2B’s safety guidelines as described at https://www.KitchenB2B.com.

You must inspect the applicable facility to determine whether there are any physical losses or damages to any Covered Property and notify KitchenB2B of such losses or damages within the earlier of (i) two (2) days following the date of termination of the Responsible Patron’s booking of the applicable facility or (ii) the date by which the next subsequent booking of the same facility begins. You can notify KitchenB2B either by opening a claim in the Resolution Center or by contacting customer support directly.

For all Covered Property which is damaged or destroyed due to a violation of law or criminal act or misdemeanor and for which you are filing a KitchenB2B Manager Guarantee Payment Request Form, you must file a police report listing such Covered Property and provide KitchenB2B with a copy of such report, certified by you as true and correct.

You must provide KitchenB2B with proof of ownership of, or legal responsibility for, the Covered Property in the form of receipts, photographs, videos, documents or other customary forms of proof (including, but not limited to, appraisal or valuation forms or notices addressed to you) certified by you as true and correct and reasonably acceptable to KitchenB2B.

Within thirty (30) days after you have incurred a Covered Loss, you must (i) complete and file a KitchenB2B Manager Guarantee Payment Request Form and (ii) deliver a signed and sworn proof of loss to us, unless we provide a written extension of such deadline. The proof of loss must state your knowledge and belief as to the following:

  • The time, cause and origin of the Covered Loss, and evidence and proof of such loss in the form of receipts, photographs, videos, documents and other verifiable forms of proof.
  • The ownership, leasehold or other interest of you and all other parties in the Covered Property for which Covered Loss is claimed.
  • The Actual Cash Value and replacement value of each item of the Covered Property, as well as the amount of such loss or damage to each item of such Covered Property.
  • All liens, encumbrances, mortgages, guarantees and all other contracts of insurance, whether valid or not, covering the Covered Property that is the subject of the Covered Loss.
  • Any changes in the title, use, occupation, location, possession, or exposures of the facility since the date of the Listing.
  • The identity of and other information known about the Responsible Patron, and any other party present at or using the facility where the Covered Property is located for which the Covered Loss is claimed on the date of the Covered Loss, and the purpose for which such facility was being used by such parties on such date and whether or not it then stood on leased ground.
  • The date when you contacted the Responsible Patron to request payment for the loss you are claiming, and the date on which the Responsible Patron declined or failed to pay for the loss.

As part of the signed and sworn proof of loss described above, you must provide KitchenB2B with all information it reasonably requests in order to determine the Actual Cash Value with respect to Covered Property, including: the original purchase price of such Covered Property, the date such Covered Property was acquired, the condition of such Covered Property and the estimated cost of repair or replacement of such Covered Property.

You must (i) protect and preserve damaged Covered Property from further loss or damage and (ii) promptly separate the damaged and undamaged Covered Property, put it in the best possible order, and furnish a complete inventory of the lost, destroyed, damaged and undamaged property showing in detail the quantities, costs, Actual Cash Value, and amount of loss claimed.

You must, as often as may be reasonably requested by KitchenB2B or its designees (i) exhibit all that remains of any damaged Covered Property and sign the written records of examination; (ii) produce for examination all books of accounts, business records, bills, invoices, and vouchers (either originals or certified copies if originals are lost) and (iii) permit extracts and machine copies to be made of the above.

You must permit KitchenB2B or its designee (s) to make inspections of Covered Property at all reasonable times. However, the right to make inspections, the making of inspections, and any analysis, advice, or inspection report will not constitute an undertaking by KitchenB2B or KitchenB2B’s insurer to determine or warrant that damaged Covered Property is safe or healthful. We will have no liability to you or any other person because of any inspection or failure to inspect.

You must cooperate with KitchenB2B, including signing any documents, and timely responding to any reasonable requests for additional information or documentation that KitchenB2B or its designees may require or request to process the applicable KitchenB2B Manager Guarantee Payment Request Form.

With respect to Covered Property subject to a loan, mortgage or other security interest, you must notify your lender/mortgagee in writing of any loss that reaches or exceeds fifty thousand US dollars (US $50,000), and provide KitchenB2B with a copy of such notice. If the lender/mortgagee notifies you that the lender/mortgagee seeks insurance and/or reimbursement proceeds for the loss, you must notify KitchenB2B in writing of the lender/mortgagee’s request and transmit a written copy of said request to KitchenB2B, and provide all other information to enable KitchenB2B to communicate directly with the lender. If such loss is determined to be a Covered Loss, we will pay the loss benefit(s) to the lender up to the value of the mortgage (subject to the exclusions, limitations and conditions herein), and we will not pay you unless and until your monetary obligation to the lender/mortgagee has been satisfied. This condition shall apply to the extent of applicable law in your jurisdiction.

You will have full rights to the possession and control of damaged Covered Property if proper testing is done to show which property is physically damaged. You, using reasonable judgment, will decide if the physically damaged Covered Property can be reprocessed or sold. If you determine that the Covered Property is unfit for reprocessing or sale, the property will not be sold or disposed of except by you or with your consent. Proceeds from the sale or other disposition of such Covered Property will go to (i) KitchenB2B’s insurer at the time of the Covered Loss settlement, or (ii) you if such sale or disposition proceeds are received prior to Covered Loss settlement and such proceeds will reduce the amount of the Covered Loss payable to you.

Disposition of Manager Payment Requests

KitchenB2B Manager Guarantee Payment Request Form

KitchenB2B will complete its processing of any KitchenB2B Manager Guarantee Payment Request Form that you file within a reasonable period following the date you have (a) completed and filed an KitchenB2B Manager Guarantee Payment Request Form, and (b) provided KitchenB2B with all information and materials that you are required to provide to comply with the conditions set forth in “Conditions to the KitchenB2B Manager Guarantee” above. In any event, we will use commercially reasonable efforts to complete processing of your KitchenB2B Manager Guarantee Payment Request Form within three (3) months after our receipt of such documents and information. If you receive an Approved Payment Request (as defined below), then as a condition to payment to you under the KitchenB2B Manager Guarantee, you will be required to execute and deliver to KitchenB2B the “KitchenB2B Manager Guarantee Approved Payment Request Agreement”, which includes your agreement:

  • to assign to KitchenB2B or its insurer any rights and remedies you may have to recover amounts paid to you with respect to an Approved Payment Request (defined below) from the Responsible Patron or from an Invitee or from any other party that is financially responsible for the Approved Payment Request;
  • to reasonably cooperate with us, including, at our request, appearing as a witness in any court, arbitration or like proceeding, if we seek to recover the amount paid to you with respect to an Approved Payment Request from the Responsible Patron or from an Invitee or from any other party;
  • to release and hold harmless KitchenB2B and its insurer and all officers, directors, employees, contractors and agents of KitchenB2B from any further liability or obligations with respect to the facts and circumstances of the matters and incident set forth in the KitchenB2B Manager Guarantee Payment Request Form;
  • if requested, to treat as “confidential information” the amount of any payment made under the KitchenB2B Manager Guarantee;
  • to refund to us any amounts in excess of the Covered Loss in the Approved Payment Request as a result of a systems or payment processing error.

The duration of the processing period of any KitchenB2B Manager Guarantee Payment Request Form that you file will depend on factors that include, but are not limited to: (i) the amount of payment that you are requesting for the Covered Loss; (ii) the location of the facility; (iii) the nature of the Covered Property and the nature of the Covered Losses; (iv) the completeness and type of documentation and information that you provide KitchenB2B regarding the Covered Losses; and (v) the number of KitchenB2B Manager Guarantee Payment Request Forms that are currently being processed for other Managers.

Approved Payment Request

If you have filed a KitchenB2B Manager Guarantee Payment Request Form and such a payment request is approved in whole or in part for a Covered Loss (any such approved payment request, an “Approved Payment Request”), you will be paid the amount of the Covered Loss as calculated by KitchenB2B or its designees. The process for such calculation of Covered Losses is described under “Determination of the Amount of the Covered Loss” below. You will be notified by KitchenB2B and, as a condition of payment hereunder, you will be required to deliver to KitchenB2B a executed Approved Payment Request Agreement. KitchenB2B may use third party service providers to assist in the processing of the KitchenB2B Manager Guarantee Payment Request Forms and KitchenB2B or its designees may use third party service providers to assist in the investigation and adjustment of payment requests relating thereto.

For an Approved Payment Request that involves Covered Losses for Covered Property that is owned by a party other than you, we reserve the right, in our sole discretion, to pay all or a portion of the amount covered in such Approved Payment Request either to you or directly to the owner of such Covered Property. If an KitchenB2B Manager Guarantee payment for all or a portion of such amount is made directly to the owner of such Covered Property, then you agree that such payment will be treated for purpose of the Approved Payment Request as being paid to you directly, and that you will be solely responsible for collecting from the owner of such Covered Property any portion of such payment to which you believe you are legally entitled. For clarity, your indemnification obligations set forth below under the paragraph entitled “Indemnification” will apply to claims arising from any payments made pursuant to the KitchenB2B Manager Guarantee, including without limitation any payments made directly to the owner of any Covered Property.

The amount of Covered Losses will be computed as of the date of loss and at the location of the loss.

If you choose to use the KitchenB2B Platform as a Manager, you do so at your sole risk. The KitchenB2B Manager Guarantee is provided “as is”, without warranty of any kind, either express or implied. You acknowledge and agree that, to the maximum extent permitted by law, the entire risk arising out of your access to and use of the KitchenB2B Platform, and your listing of any Facilities via the KitchenB2B Platform remains with you.

Contacting KitchenB2B

If you have any questions about these KitchenB2B Manager Guarantee Terms, please email us.