VENUE RENTAL

AGREEMENT

 

An agreement has been entered into between FlavaFitness, LLC (hereinafter referred to as “Venue Owner”), of  3744 W. Lambright Avenue, Unit B., Tampa, Florida County of Hillsborough, and the undersigned (hereinafter referred to as“Leasee”).

 

RECITALS

 

A.   “Venue Owner” owns and operates a Dance/Fitness Studio business at the address set forth above.

B.   “Leasee” is a member and/or director of a dance company/group and desires to utilize the venue for rehearsals under the terms and conditions set forth in this contract.

In consideration of the mutual promises set forth in this contract, it is agreed by and between “Venue Owner” and “Leasee”:

 

SECTION ONE

SERVICES AND RESPONSIBILITIES

 

Use by “Leasee” is for the training and rehearsal of dance company/group members only.  “Leasee” agrees that use of the venue is not for the "Leasee" and its affiliates only.  Use of space is not to be sub-contracted to any third party or generating revenue for the purposes of operating a business either directly or indirectly.

 

            The “Leasee” assumes full responsibility of the venue during the times of use to include but not limited to the following:

 

A.   Cleaning facility after each and every use to include trash removal, sweeping of floors, equipment storage and any other tasks required to ensure venue is returned to clean and working order;

B.   Ensuring that access to venue is for members of the company/group only;

C.  Proper opening and closing of the venue;

1.   Ensure parking lot gate is closed and locked; and

2.   Complete opening/closing check-list.

D.   Proper use of utilities; and

1.   Air conditioner is not to be set in either room below 76 degrees at any time and must be reset to 81 degrees upon closing.  Air conditioner fan shall not be left on after use.

E.   All equipment and furniture within venue.

 

It is the responsibility of “Venue Owner” to provide to “Leasee” the following access and use of facility, its utilities, equipment, and parking lot during authorized rental times outlined in Section Three.

 

SECTION TWO

PAYMENT SCHEDULE AND FEES

 

Payment must be made in full prior to accessing venue to include any security deposits.

 

A.  “Leasee” agrees to pay the standard rental amount as advertised on "Venue Owner's" website.

B.   “Leasee” understands that all sales are final and scheduled time has been guaranteed to "Leasee" based on this agreement and therefore the "Leasee" is entitled to absolutely no refund regardless if rehearsal/training sessions or events are canceled for any reason.

1.   "Leasee" may reschedule session or event for another day and time during the same calendar month in accordance with the availability of the venue.

2.   If there is a need to reschedule for a date not within the current calendar month of the original reservations, there will be an additional (twenty-five dollars) $25.00 booking fee.

C.   Advertised rental amounts have been set for the current state of venue and its amenities and will be increased as improvements and renovations are made to venue which increases usage to“Leasee”.  Any increases will be reflected on the online payment screen.

D.   A security deposit in the amount of two hundred fifty dollars ($250.00) may be requested by "Venue Owner" depending on the nature of business being conducted in venue, the time and day of rental, number of persons utilizing venue, and other reasons that "Venue Owner" feels necessary.  "Venue Owner" reserves the right to waive this fee at his/her discretion.

E.   Additional fees will be charged to “Leasee” in the amount of twenty dollars ($20) per occurrence for violations of this contract to include but are not limited to:

1.   Failure to turn off lights, A.C., sound system, etc.;

2.   Excess use of A.C. (running below 76 degrees);

3.   Failure to lock venue doors;

4.   Failure to properly clean facility after usage;

5.   Failure to close and lock parking lot gate;

6.   Failure to obtain permission or provide payment for usage out of ordinary schedule;

7.   Failure to close venue at proper time (excess usage); and

8.  Failure to abide by policies and procedures of venue for any circumstance in which a written notice was first was first provided.

 

SECTION THREE

AUTHORIZED USAGE

 

A.   “Leasee” will have use of the venue during the reserved day and time.

B.   “Leasee” is allowed access to facility fifteen (15) minutes prior and up to fifteen (15) minutes after reserved time to allow for preparation/set up and cleaning.

C.   Additional usage to the above schedule can be scheduled with prior verbal approval of “Venue Owner” and payment shall be made in accordance with Section Two.

D.   All classes, rehearsals, special events, socials, workshops, etc. conducted by “Leasee” are not to interrupt the primary operation of business of “Venue Owner” and if done so, is grounds for immediate termination of this contract by “Venue Owner” and “Leasee” will be held responsible for terminating contract as outlined in Section Twelve.

E.  Use of venue outside of above agreed schedule without prior approval from “Venue Owner” is strictly prohibited and is grounds for immediate termination of this contract by “Venue Owner” and “Leasee” will be held responsible for terminating contract as outlined in Section Twelve.

SECTION FOUR

SIGNS

 

“Leasee” may not post or erect any signs, advertisements or posters of any kind or description in or about the venue without written consent of "Venue Owner".

 

SECTION FIVE

ADVERTISEMENTS AND PROMOTION

 

“Venue Owner” will not provide any promotion and/or advertisement for "Leasee".

 

SECTION SIX

FOOD AND BEVERAGE

 

No food or beverages shall be allowed in any classroom, at any time by any person to include “Leasee”, its agents, subcontractors, employees, patrons, guests, or any other person admitted to the venue by “Leasee”. 

 

A.   Bottled water is for sale by venue and no other beverages shall be sold without prior approval by “Venue Owner”.

B.   Indoor/outdoor concessions may be offered during times of socials/parties with prior approval from “Venue Owner”.

 

SECTION SEVEN

PROPERTY DAMAGE

 

If any portion of venue, or its equipment is damaged by any act, omission, default or negligence of “Leasee”, its agents, subcontractors, employees, patrons, guests, or any other person admitted to the venue by or for the benefit of “Leasee”, “Leasee” shall pay to “Venue Owner” upon demand, in cash or its equivalent, a sum equal to the cost of repairing the damages and restoring the venue to the condition existing at the beginning of the “Contractor’s” use. “Leasee” shall not injure, mar, nor in any manner deface the venue, its facilities, or any equipment contained therein, and shall not make nor allow to be made any alterations to the venue or its facilities except as provided herein, without written consent of the “Venue Owner”.

 

SECTION EIGHT

PERSONAL PROPERTY

 

“Venue Owner” shall not be responsible for any loss or damage to personal property placed in or about the venue belonging to “Leasee”, its servants, agents, subcontractors, guests, patrons, or invitees, and“Leasee” shall hold “Venue Owner” harmless from all claims arising out of loss or damage to such property.  “Leasee” shall remove from the venue, immediately upon termination of the class/event, all property belonging to “Leasee” and all property brought in or about the venue by “Leasee” or persons associated with “Leasee” in the use and occupancy of the venue.  If “Leasee” fails to remove all such property, “Venue Owner” shall have the right to remove, store or dispose of such property at “Contractor’s” expense. “Venue Owner” shall not be liable for any damage or loss to said property regardless of how and where same shall occur or by whom caused.

 

SECTION NINE

RELATIONSHIP OF PARTIES

 

The parties intend that a relationship will be created by this contract. “Leasee”is not to be considered an agent or employee of “Venue Owner” for any purpose, and the employees of “Leasee” are not entitled to any of the benefits that “Venue Owner” provides for “Venue Owner’s” employees. It is understood that “Venue Owner” does not agree to lease space to “Leasee” exclusively.

A.    “Leasee” understands that “Venue Owner” will make available, for use by others, portions, areas, facilities of the venue, and “Leasee” agrees to cooperate in good faith, with the management and personnel of the venue, and with those persons using other portions and areas of the venue, especially during those periods of moving in and out, in order to make mutual use of the facilities harmonious and agreeable.

SECTION TEN

LIABILITY

 

The work, services, or activity to be performed in the venue under this contract will be performed entirely at the risk of the "Leasee", and “Leasee” assumes all responsibility for the condition of facility and all equipment used in conjunction of this contract. “Leasee” will carry any necessary or applicable public liability insurance, for the duration of this contract, in an amount acceptable to “Venue Owner”. “Leasee” agrees to indemnify owner for any and all liability or loss arising in any way out of the performance of this contract.  Furthermore,“Leasee” shall protect, maintain, save and hold harmless the “Venue Owner” and its officers, agents, servants, and employees from and against any and all claims, demands, expense and liabilities arising out of injury or death to any person, or the damage, loss or destruction of any property which may occur in or about the venue (including any portion thereof which “Leasee” has not been given permission to occupy or use pursuant to the terms of this Agreement) or which may arise or in any way grow out of any act or omission of “Leasee”, its agents, subcontractors, servants, employees, invitees, and patrons’ use and occupancy of the venue.

SECTION ELEVEN

OBSERVANCE OF and applicable LAW

 

“Leasee” agrees to obey and observe, with respect to its use of the venue, all laws of the United States and the State of Florida, all applicable ordinances and rules of the County of Hillsborough and City of Tampa, and their respective administrative departments and agencies, all rules regulations adopted by the venue for the governing, management and regulation of the venue, and to require the same from its employees, contractors, guests, and all other persons for whose conduct it is responsible or over whom it exercises or has authority to exercise control.

 

A.   No pyrotechnics, open flame, fire effects or any incendiary devices will be permitted without prior written permission by “Venue Owner”.  Any and all such use permitted will require, at “Contractor’s” expense, having a licensed pyrotechnician on site to for all events to oversee any and all uses contained in this clause.

B.   The construction and interpretation of this Agreement shall be pursuant to the laws of the State of Florida.

 

SECTION TWELVE

DURATION

 

This contract shall remain in force from the date of signing until the use of the venue is completed.  If contract is terminated by “Leasee” regardless of the reasoning or advanced notice provided, “Leasee” is responsible for payment in full for the time reserved for lease.

 

SECTION THIRTEEN

NOTICES

 

All notices, consent, or approval shall be requested or provided in writing to the following address:

FlavaFitness Studio

3744 W. Lambright Ave. Unit B

Tampa, FL 33614

 

SECTION FOURTEEN

AGREEMENT

 

The Agreement includes all the terms and conditions agreed upon by the parties and no oral commitments or representation shall be valid or binding upon the parties.  This Agreement may not be modified in any manner except by written modifications signed by both parties.

 

Signator for “Leasee” warrants that he/she has full legal authority to act and contract on behalf of the “Leasee” and all participants.

 

Jeni J, Owner

FlavaFitness, LLC

3744 W. Lambright Ave. Unit B

Tampa, FL 33614

813.777.2928