I. The Parties. This Booth Rental Agreement ("Agreement") made on Date between Landlord Name ("Landlord") andName of the tenant ("Tenant"). Collectively the Landlord and Tenant shall be referred to as the "Parties".
II. Leased Premises. The Landlord agrees to lease a portion of the Premises in accordance with the use as stated in Section VI of this Agreement located with a street address of Leased Premise Address, and shall consist of an area sufficient to operate the Tenant's services ("Leased Premises"). Tenant shall have the right to occupy the Leased Premises and to operate as a business open to the public.
For and in consideration of the mutual promises and stipulations contained in this Agreement, Landlord does hereby lease to Tenant, and Tenant hereby leases from Landlord, the leased premises described in Section II of this Agreement in accordance with the following terms and conditions:
III. Term of Agreement. This Agreement shall begin Date of begin("Start Date") and shall continue as a month-to-month lease until notice by either the Landlord or Tenant. Either of the Parties may terminate this Agreement upon 30 days' written notice served to the other party. This Agreement may also be terminated by Landlord without reason within evaluation period of Evaluation period Days days from Start Date, but Sections XXVII and XXVIII (non-disclosure, and non-compete) and any potential remedies will survive termination.
IV. Rent. The total rent due by the Tenant shall be in the amount of $Rent amount, for the term mentioned in Section III ("Rent").
V. Due Date. Tenant shall be required to pay Rent by the 1st dat of the rental period ("Due Date"). If Rent is not paid by the Due Date, there shall be a fee assessed in the amount of $Late rent fee for each occurrence rent is late.
VI. Payment of Rent. Rent shall be paid by the Tenant to the Landlord in the following manner: Check, or Credit Payment.
VII. Security Deposit. The Landlord does not require the Tenant to pay a Security Deposit as part of this Agreement.
VIII. Utilities. Landlord agrees to pay for the following utilities and services as part of the Leased Premises: electricity, telephone, trash removal, water and sewer.
IX. Cleaning Services The Landlord shall not provide commercial cleaning or janitorial services for the Leased Premises. Leased area cleaning must be provided by Tenant.
X. Use of the Premises. Tenant shall use the Leased Premises for the following use(s):
Hair. Including, but not limited to, cutting, dyeing, polishing, or other modification of a person's hair.
Nails. Including, but not limited to, cutting, dyeing, polishing, or other modification of a person's nails.
Tenant, or their clients, shall not use the Leased Premises in any manner that violates Local, State, or Federal Laws.
XI. Fixtures. The Landlord shall provide the following fixtures on the Start Date: chair(s), table(s),
Tenant has an obligation to keep the fixtures on the Leased Premises in the same condition as received on the Start Date, reasonable wear-and-tear excepted.
XII. Assignment and Subletting. Tenant shall not have the right to assign or sublet any part of the Leased Premises.
XIII. Condition of the Leased Premises. Tenant agrees to accept the Leased Premises in its current and present condition. Any repairs are to be conducted at the Tenant's expense. If the Tenant would like to modify the look or style of the Leased Premises, it must be approved, in writing, by the Landlord.
XIV. Business Licenses Landlord shall be obligated to any and all business licenses and/or renewal fees to keep the establishment current with local, county, or State laws. In addition, the Tenant shall be responsible for updating any personal and professional licenses in order to maintain providing their services under this Agreement.
XV. Maintenance. The Parties agree that the Tenant shall at all times keep and maintain the Leased Premises in a clean and neat condition presentable to clients at all times. Tenant will, at their expense, promptly repair any damage to the Leased Premises cause by any act or omission of Tenant or their agent, employee, customer, guest or invitee. Tenant shall not deliberately deface of damage the Lease Premises or any part thereof. Tenant will make no structural change of other alteration to the Leased Premises without the prior written consent of the Landlord. Tenant agrees to return the Leased premises peaceably and promptly to the Landlord at the termination of this Agreement.
XVI. Indemnification. The tenant is solely responsible for any claims arising out of their activities while performing their Duties under this Agreement. The Landlord, its representatives, directors, officers, partners, owners, employees, and agents are not liable for damages due to any act or omission on the part of the Tenant.
XVII. Tenant's Default. If Tenant is in default of this Agreement, Landlord shall first notify the Tenant via written notice by Certified Mail, return receipt requested. The Tenant shall have five (5) days to comply with the notice or vacate the Leased Premises. If the Tenant refuses to vacate the Leased Premises without curing the issue stated in the Landlord's written notice, the Tenant shall be liable to reimburse the Landlord for attorneys' fees, loss of business, loss of revenue, and any other damages deemed warranted through the Tenant's refusal to vacate the Leased Premises.
XVIII. Landlord's Default. If Landlord is in default of this Agreement, Tenant shall first notify the Landlord vie written notice by Certified Mail, return receipt requested. The Landlord shall have five (5) days to comply with the notice, or the Tenant shall be allowed to terminate this Agreement immediately. Upon such termination, the Landlord shall be liable to reimburse the Tenant for attorneys' fees, loss of business, loss of revenue, and any other damages deemed warranted through the Landlord's refusal to cure the stated issue.
XIX. Damages to the Leased Premises. IF the Leased Premises are partially or destroyed in its entirety by fire or another hazard, landlord shall repair and restore the Leased Premises as soon as it may be reasonably practicable to substantially the same condition in which the Leased Premises were before such damage, provided, however, in the event the Leased Premises are completely destroyed or are so damaged that they cannot be reasonably used by the Tenant, then this Agreement may terminated by the Landlord by serving written notice of such termination upon the Tenant.
XX. Severability. The invalidity of any statement, section, or a portion of this Agreement shall not be deemed to affect the validity of any other provision of this Agreement. If any provision of this Agreement is held to be invalid, the parties agree that the remaining provision shall be deemed to be in full force and effect as if they had been executed by the Parties subsequent to the expungement of the invalid provision.
XXI. No Waiver. The failure of either the Landlord or Tenant to this Agreement to insist upon the performance of any of the terms and conditions of this Agreement, or the waiver of any such breach of any of the terms and conditions of this Agreement, shall not be construed as subsequently waiving any such terms and conditions, but the same shall continue and remain in full force and effect as if no such forbearance or waiver occurred.
XXII. Governing Law. This Agreement shall be governed by the laws located in the State of the Leased Premises.
XXIII. Notices. Any notice provided for or concerning this Agreement shall be in writing and shall be deemed sufficiently given when sent by Certified Mail, return receipt requested, tot the respective addresses of the Parties set forth in Section I of this Agreement.
XXIV. Attorney's Fees. In the event that any lawsuit is filed in relation to this Agreement, the unsuccessful party in the action shall pay to the successful party, in addition to all sums that either the Landlord or Tenant may be called upon to pay, a reasonable sum for the successful party's attorneys' fees.
XXV. Dispute Resolution. Any dispute arising from this Agreement shall be required to be resolved by binding arbitration of the Parties hereto. If the Parties cannot agree on an arbitrator each party shall select one arbitrator, and both arbitrators shall select a third (3rd) to handle the dispute. The Arbitration shall be governed by the rules of the American Arbitration Association in full force and effect.
XXVI. Modification. Any modification of this Agreement or additional obligation assumed by either of the Parties in connection with this Agreement shall be binding only if placed in writing and signed by the Landlord and Tenant or an authorized representative of each party.
XXVII. Non-Disclosure. Tenant understands that they may be exposed to proprietary Landlord information or technology. Tenant agrees not to divulge, reveal, or otherwise disclose or discuss with outside parties any business information or technology to which Tenant is exposed at Leased Premises. At the end of Leased Premises Term as stated in Section III, Tenant will promptly return and/or delete any information or technology received from Landlord . Tenant will not use any of the Landlord's technology or business information in any work performed for any individual, company, or organization outside of Leased Premises.
XXVIII. Non-compete. Tenant will not seek to solicit or encourage any employee, consultant or partner in Leased Premises to engage in any activity that could compete with Leased Premises before and up to 3 months from Agreement termination date.
XXIX. Entire Agreement. This Agreement shall constitute the entire agreement between the Parties and any prior understanding or representation of any kind preceding the date of this Agreement shall not by binding upon either party except to the extent incorporated in this Agreement.
IN WITNESS WHEREOF the Parties have each caused this Agreement to be executed and delivered by a duly authorized representative as of the date first above written.