In consideration of the mutual promises contained herein and other valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows:
1. Application Incorporated. User provided the Application information listed above and confirms that it is complete and correct. The Application information is hereby incorporated into and made part of this agreement.
2. Use. User may use the reserved room or area specified above (“Reserved Area”) for the sole purpose identified in the Application. User is not authorized to use the Reserved Area on any other days or at any other times other than those set forth in the Application. If, at any time, the Center determines that the User’s use of the Reserved Area on the dates and times specified in the Application will interfere or conflict with the Center’s ability to conduct Center business, upon reasonable notice to User of five days, the Center may modify the days and/or times User may use the Reserved Area or offer a similar and equivalent Area.
User and User’s guests and invitees must comply with all rules and regulations applicable to the Reserved Area and the surrounding facility in which it is located. In order for the Center to conduct business, User acknowledges that the quiet enjoyment of its office tenants must be observed. This rental agreement is for use of classroom space only. Noise and use of common areas is to be minimized and reserved for access to the classroom space and restrooms unless explicitly approved by the Center Director ("Director").
3. Term. This Agreement commences on the Effective Date and expires upon the End Date / Time listed above. The parties may extend the term of this Agreement by written amendment signed by both parties.
4. Fees. User shall pay the fees as outlined in the Fee Schedule for Classroom. Payment for room rental is due on the 1st of each month and late after the 3rd of each month. Payments received after the 3rd will incur a 10% late fee. Non-payment by the 10th of each month could result in cancellation of the rental agreement.
Cancellations made by the 1st of the month will receive a full refund. User is allowed one late cancellation which may be used for one 1hr class within each calendar month of this agreement.
Cancellation offer does not roll over to the next month. Credit for late cancellation will be applied to the next month's invoice or refunded. Cancellations must be in writing (email or letter) with confirmation from the Center that your cancellation has been received.
5. Acceptance of Reserved Area. By signing this Agreement, User represents that User has made an independent inspection of the Reserved Area prior to the Effective Date of this Agreement, and User accepts the condition of the Reserved Area as is. User acknowledges that the Center had made no oral or written representations or warranties to User regarding the condition of the Reserved Area, and that User is relying on solely on its own inspection of the Reserved Area to determine its condition. User further agrees that it does not hold the Center responsible for any defects, whether apparent or latent, in the Reserved Area.
6. Improvements or Alterations. User shall not make or cause to be made any improvements, changes, or alterations in or to the Reserved Area without obtaining the prior written approval of the Center Director (“Director”). Upon expiration or termination of this Agreement, User shall promptly remove from the Reserved Area any such approved temporary improvements, changes, or alterations made or caused to be made by User. If, within twenty four (24) hours of the expiration or termination of this Agreement, any such approved temporary improvements, changes, or alterations remain in or to the Reserved Area, Center may return the Reserved Area to its prior condition and withhold from User’s deposit or seek reimbursement from User for any costs associated therewith.
7. Personal Property. User shall not store or leave any personal property or equipment in the Reserved Area without obtaining the prior written consent of the Center Director. Upon expiration or termination of the Agreement, User shall promptly remove all of User’s personal property from the Reserved Area. If, within (24) hours of the expiration or termination of this Agreement, any personal property belonging to User remains in the Reserved Area, the Center may dispose of the personal property in accordance with the law.
8. Maintenance, Cleanup, and Repair. User shall conduct its activities in an orderly manner and shall leave the Reserved Area in as clean and good condition as it was when User entered the Reserved Area. User shall pick up all trash in the Reserved Area. Any trash that will not fit within the trash receptacles available at the Center must be removed from the Reserved Area by User. User shall promptly notify the Center Director of any damage to the Reserved Area, or any property therein, that occurs during the term of this Agreement and will reimburse the Center for all costs the Center incurs to repair the damage or replace the property.
If the User will be providing their own equipment including, but not limited to, tables, chairs, media equipment, etc., the use of equipment with rubber feet is highly recommended to ensure protection of the flooring in the classrooms. Any damage will be the responsibility of the User.
9. Advertising. User shall not place or cause to be placed outside the Reserved Area any billboards, banners, posters, signs, or any advertising media, unless User obtains the prior written consent of the Center Director. Subject to the Director’s prior written approval, User may install a temporary sign, banner, etc. in the Reserved Area during the time of User’s use of the Reserved Area, granted that the signage does not cause any damage to the Center property. Any billboards, banners, posters, or signs erected, installed, place in violation of this paragraph may be removed and dispose of by the Center.
10. Insurance. Unless otherwise authorized by the Center Director, User shall, at its sole expense, prove and maintain during the duration of this Agreement and any extension thereof, insurance in the forms of coverage and minimum amounts specified below. User shall submit the certificates of insurance prior to use of the Reserved Area. If insurance is not provided, this agreement may be cancelled by the Center
a. Commercial General Liability Insurance insuring User against liability for bodily injury, personal injury, and property damage arising out of or in connection with User’s use of the Reserved Area under this Agreement. The policy must be written on an “occurrence basis” and in amount of not less than $1,000,000 each occurrence. Any general liability policy provided by User shall contain an additional insured endorsement applying coverage to LoveStrong Wellness and Rancho Bernardo Courtyard, employees, and volunteers of the Center, individually and collectively.
If User does not obtain the appropriate insurance, User acknowledges they are personally responsible for bodily injury, personal injury, and property damage arising out of or in connection with User’s use, and guests of the User, of the Reserved Area under this Agreement.
11. Defense and Indemnity. To the fullest extent permitted by law, the Center shall not be liable for, and User shall defend and indemnify the Center and its employees and volunteers, against any and all claims, deductibles, self-insured retentions, demands, liability, judgements, awards, fines, mechanics’ liens or other liens, labor disputes, losses, damages, expenses, charges or costs of any kind or character, including attorneys’ fees and court costs, that arise out of or are in any way connected to this Agreement or User’s use of the Reserved Area arising either directly or indirectly from any act, error omission or negligence of User or its employees, agents, contractors, servants, guests, invitees members or volunteers, including, without limitation, claims caused by the sole passive negligent act or the concurrent negligent act, error or omission, whether active or passive, of Center parties. User shall have no obligation, however, to defend or indemnify the Center from a claim if it is determined by a court of competent jurisdiction that such claim was caused by the sole active negligent act or willful misconduct of Center parties.
12. License. This Agreement is a license, not a lease. It does not create or convey an easement or any other interest or estate in real property to User. User has no authority to independently exercise authority or exert control over the management or operation of the Reserved Area or improvement therein, and is subject to the policies, statues, ordinances, rules, and regulations of the Center in its use of the Reserved Area. Irrespective of the term specified in Paragraph 3, the Center may terminate this Agreement at any time by giving written notice to User. Center shall have the right to enter the Reserved Area at any time and for any reason.
13. Security. The Center has no obligation to provide, and will not provide, any security for User’s use of the Reserved Area. User is solely responsible for the security of all equipment and materials that User brings to the room or facility.
14. Nondiscrimination. User shall not discriminate or permit discrimination in any manner against any person or class of persons because of age, race, religion, color, creed, ancestry, veteran status, national origin, sex, medical condition, vaccination status, marital status, or sexual orientation.
15. Fee Collection and Payments. When User is using the Reserved Area for the purpose of providing a recreational or instructional program, User may charge participants a reasonable fee to cover User’s costs to operate the program in the Reserved Area.
16. Compliance with Laws and Regulations. At its sole cost and expense, User shall at all times during the term of this Agreement comply with all applicable federal, state and local laws, statutes, ordinances, rules, regulations, orders, covenants and restrictions of record, and requirements regulating User’s use of the Premises. The final judgment of any court of competent jurisdiction, or the admission of User in any action or proceeding against User, whether or not the Center is a party to the action or proceeding, that User has violated any ordinance, law, statute, regulation, covenant, restriction or requirement pertaining to the use of the Reserved Area, shall be conclusive as to the violation between Center and User.
18. Complete Agreement. This Agreement and any exhibits attached hereto constitutes the entire agreement between the Center and User regarding the subject matter contained herein. All other representations, oral or written, are superseded by this Agreement. Neither party is relying on any representation outside of this Agreement. This Agreement may be changed only by written amendment signed by both parties.
19. Primary Lease Acknowledgment. The User and all User’s guests of the reserved space are subject to the rules and regulations contained within the Primary Lease for Suite 140 and Suite 100. Your signature on this application acknowledges agreement to these rules and regulations.
20. Waiver. A waiver approved by the Center shall be signed by all class participants participating in event at reserved time. User assumes full responsibility for any risks, injuries or damages, known or unknown, which they might incur as a result of participating in the event User is hosting. In further consideration of being permitted to host the event at the Center, User knowingly, voluntarily and expressly waives any claims of liability for personal/bodily injury or damages which they may have against the Center, and its Subtenants. User also waives any claims for loss, damage or destruction to their personal property.
User shall hold harmless and indemnify the Center, its Subtenants, members, agents, officers, contractors and employees from and against any and all actions, claims, losses, damages suits, or other proceedings. User is responsible for repair or replacement of any damaged property of the Center and/or RB Courtyard.
