Bradley Mountain Outpost, LLC
Terms & Conditions:
I.GENERAL RESPONSIBILITIES
As an Occupant of the rented space, you agree to adhere to the terms and conditions of the Rental Agreement and applicable Addendums.
II.SPACE OFFERINGS
Occupant agrees to pay the fee(s) associated with the selected space offering. Space offerings include the following:
Working Spaces: Hot Desk or Private Office Memberships or Day Passes
Occupant may be required to sign applicable Addendum(s) for selected space. Addendum(s) will include detailed on additional provisions included with space.
III.PARKING
Occupants will have use of the parking areas on the premises and must adhere to the rules and regulations with respect to parking. Parking is on a non-reserved basis. Landlord does not guaranty that Occupant will be able to use parking spaces. Occupants must secure their vehicleand any personal belongings kept in the vehicle while parked on the premises. Landlord will not be liable for damage to any vehicle parked on the premises, including theft, collision, fire, or any other damage to such vehicle. Landlord will not be responsible for articles left in vehicles. Landlord will not be liable for loss of use of any such vehicles that are damaged while on the premises. Landlord will not be liable for any injury to any person using parking area regardless of the cause of such injury. Occupants and visitors using the parking areas of the premises will do so at their own risk.
IV.VISITORS
The Occupant takes responsibility for all visitor’s actions. Occupant must ensure that Visitor signs in upon arrival and signs out when leaving. Visitor will have same access to premises as Occupant according to the applicable Addendum. Visitor must adhere to Bradley Mountain Outpost’s safety policies at all times. The Landlord accepts no liability for the Occupant’s visitors.
V.NORMAL BUSINESS HOURS
Access to the space will be 24/7, but normal business hours are from 8am to 5pm Monday through Friday. Business hours may be subject to change during holidays. Availability of business services and support provided by the Landlord may be limited outside of normal business hours and during holidays. Landlord reserves the right to close the Outpost outside of normal business hours anytime with advance notice.
Access outside of normal business hours is dependent on occupant’s specific space agreement outlined in the applicable addendum.
VI.SECURITY DEPOSIT
If applicable, occupants will be required to deposit “Security Deposit” with Landlord the sum, if any, stated in the applicable Space Addendum, to be held by the Landlord as a security for the full and faithful performance of Occupant’s obligations under the Lease and applicable Addendum(s).
Upon any breach of the foregoing obligations by Occupant, including nonpayment of rent, extensive damage to rented space beyond normal wear and tear, or any article outlined in the general terms and conditions or applicable addendum(s), the Landlord may apply all or part of the Security Deposit as full or partial compensation.
In the event of a breach by Occupant, Landlord will send notification to Occupant with an itemized list of damages and the amount of deposit, if any, that will be returned to Occupant.
VII.RENTED SPACE IMPROVEMENTS
The Occupant agrees that no improvements, alterations or changes of any nature, shall be made to the space, or the exterior of the building without first obtaining the consent of the Landlord in writing.
VIII.OBLIGATIONS OF OCCUPANT
Occupant shall properly maintain the space in a good, safe, and clean condition. In the event the structure of the space is damaged as a result of any neglect or negligence of Occupant, their employees, agents, business invitees, or any independent contractors serving the Occupant, or in any way as a result of Occupant’s use and occupancy of the space, then the Occupant shall be primarily responsible for repair of said damages. Occupant shall immediately notify Landlord of any damage to space.
The Occupant shall, during the term of the lease, and in the renewal thereof, at its sole expense, keep the interior of the premises, including rented space, in as good a condition and repair as it is at the date of the lease, reasonable wear and use excepted. Furthermore, the Occupant shall not knowingly commit nor permit to be committed any act or thing contrary to the rules and regulations prescribed from time to time by any federal, state or local authorities and shall expressly not be allowed to keep or maintain any hazardous waste materials or contaminates on the Premises. Occupant shall also be responsible for the cost, if any, which would be incurred to bring contemplated operation and business activity into compliance with any law or regulation of a federal, state or local authority.
IX.WI-FI, CAMERAS, SECURITY and ACCESS CONTROL
Occupant will have access to use the Wi-Fi Network while accessing the space. Landlord makes no representation that the Wi-Fi Network will be able to receive or transmit communication signals without interference or disturbance. Landlord will provide Network Name and Password to Occupant on or before first day in space. Occupant shall protect Network Name and Password and is not permitted to share information without consent of the Landlord. Sharing of Network Name and Password without consent of Landlord is considered a breach of the Lease.
Occupant’s signature on this Agreement acknowledges that video security cameras are located throughout the premises to monitor and surveil the premises for safety, security, and to aid law enforcement. Recording will not be used in areas where there is an expectation of privacy such as restrooms.
Occupants will receive a key fob and/or app-based access to the premises dependent on their space agreement.
X.FOOD ALLERGIES AND DIETARY RESTRICTIONS
Occupant will have access to snacks, beverages and catering in accordance with selected rented space. Occupant is responsible for their own food and drink selections. Landlord cannot guarantee allergen-free food items and assumes no responsibility for any adverse reactions of occupants and visitors as a result of food allergies.
XI.OFFICE SUPPLIES AND POSTAGE
Occupant will have access to office supplies to include, without limitation, writing utensils, writing paper, printing and copying paper, along with use of copier, fax and scanner.
XII. SUBLET OF SPACE
The Occupant may not transfer or assign the rental agreement, or any right or interest hereunder or sublet said space or any part thereof without first obtaining the prior written consent and approval of the Landlord.
XIII.DAMAGE TO RENTED SPACE
In the event the rented space or premises shall be destroyed or damaged as a result of any fire or other casualty which is not the result of the intentional acts or neglect of Occupant and which precludes or adversely affects the Occupant’s use of the rented space, then in every such cause, the rent herein set forth shall be abated or adjusted according to the extent to which the rented space has been rendered unfit for use by the Occupant and until the demised premises have been put in a condition at the expense of the Landlord, at least to the extent of the value and as nearly as possible to the condition of the premises existing immediately prior to such damage. It is understood, however, in the event of total or substantial destruction to the premises that in no event shall the Landlord’s obligation to restore, replace or rebuild exceed an amount equal to the sum of the insurance proceeds available for reconstruction with respect to said damage.
XIV.DEFAULT AND POSSESSION
In the event that the Occupant shall fail to pay said rent as set, or any part thereof, when the same are due and payable, or shall otherwise be in default of any other terms of the lease for a period of more than 15 days, after receiving notice of said default, then the parties hereto expressly agree and covenant that the Landlord may declare the lease terminated and may immediately re-enter Occupant’s space and take possession of the same together with any of Occupant’s personal property, equipment or fixtures left in the space which items may be held by the Landlord as security for the Occupant’s eventual payment and/or satisfaction of defaults of Occupant under the Lease. It is further agreed, that if the Occupant is in default, that the Landlord shall be entitled to take any and all action to protect its interest in the personal property and equipment, to prevent the unauthorized removal of said property or equipment which threatened action would be deemed to constitute irreparable harm and injury to the Landlord in violation of its security interest in said items of personal property. Furthermore, in the event of default, the Landlord may expressly undertake all reasonable preparations and efforts to release the rented space including, but not limited to, the removal of all inventory, equipment or leasehold improvements of the Occupant’s, at the Occupant’s expense, without the need to first procure an order of any court to do so, although obligated in the interim to undertake reasonable steps and procedures to safeguard the value of Occupant’s property, including the storage of the same, under reasonable terms and conditions at Occupant’s expense, and, in addition, it is understood that the Landlord may sue the Occupant for any damages or past due space fees and owing and may undertake all and additional legal remedies then available.
In the event any legal action has to be instituted to enforce any terms or provisions under this lease, then the prevailing party in said action shall be entitled to recover a reasonable attorney’s fee in addition to all costs of said action.
XV.INDEMNIFICATION
The Occupant hereby covenants and agrees to indemnify, defend and hold the Landlord harmless from any and all claims or liabilities which may arise from any cause whatsoever as a result of Occupant’s use and occupancy of the space, and further shall indemnify the Landlord for any losses which the Landlord may suffer in connection with the Occupant’s use and occupancy or care, custody and control of the space. The Occupant also hereby covenants and agrees to indemnify and hold harmless the Landlord from any and all claims or liabilities which may arise from any latent defects in the subject space that the Landlord is not aware of at the signing of the Lease or at any time during the lease term.
XVI.BANKRUPTCY – INSOLVENCY
The Occupant agrees that in the event all or a substantial portion of the Occupant’s assets are placed in the hands of a receiver or a Trustee, and such status continues for a period of 30 days, or should the Occupant make an assignment for the benefit of creditors or be adjudicated bankrupt; or should the Occupant institute any proceedings under the bankruptcy act or any amendment thereto, then such Agreement or interest in and to the rented space shall not become an asset in any such proceedings and, in such event, and in addition to any and all other remedies of the Landlord hereunder or by law provided, it shall be lawful for the Landlord to declare the term hereof ended and to re-enter the rented space and take possession thereof and all improvements thereon and to remove all persons therefrom and the Occupant shall have no further claim thereon.
XVII.MISCELLANEOUS TERMS
a.Usage by Occupant: Occupant shall comply with all rules, regulations and laws of any governmental authority with respect to use and occupancy. Occupant shall not conduct or permit to be conducted upon the space and premises any business or permit any act which is contrary to or in violation of any law, rules or regulations and requirements that may be imposed by any authority or any insurance company with which the premises is insured, nor will the Occupant allow the space and premises to be used in any way which will invalidate or be in conflict with any insurance policies applicable to the building. In no event shall explosives or extra hazardous materials be taken onto or retained on the premises. Furthermore, Occupant shall not install or use any equipment that will cause undue interference with the peaceable and quiet enjoyment of the premises by other Occupants of the building.
b.Signs: Occupant shall not place on any exterior door, wall or window of the space or premises any sign or advertising matter without Landlord’s prior written consent. Thereafter, Occupant agrees to maintain such sign or advertising matter as first approved by Landlord in good condition and repair. Furthermore, Occupant shall confirm to any uniform reasonable sign plan or policy that the Landlord may introduce with respect to the building. Upon vacating the space and premises, Occupant agrees to remove all signs and to repair all damages caused or resulting from such removal.
c.Pets: Unless otherwise stated in the Rental Agreement, the only pets that shall be allowed on the Premises are those needed legally due to a disability or handicap.
d.Condition of Premises/Inspection by Occupant: The Occupant has had the opportunity to inspect the Space and acknowledges with its signature on the Agreement that the space is in good condition and comply in all respects with the requirements of this lease. Furthermore, the Landlord makes no representation or warranty with respect to the condition of the space or its fitness or availability for any particular use, and the Landlord shall not be liable for any latent or patent defect therein. Furthermore, the Occupant represents that Occupant has inspected the space and is leasing and will take possession of the space with all current fixtures present in their “as is” condition as of the date hereof.
e.Right of Entry. It is agreed and understood that the Landlord and its agents shall have the complete and unencumbered right of entry to the space at any time or times for purposes of inspecting or showing the space, for the purpose of making any necessary repairs to the building or equipment as may be required of the Landlord under the terms of this Lease or as may be deemed necessary with respect to the general cleaning, inspection, maintenance or repair of the building.
f. Open flame and Personal Heaters. It is agreed and understood that the use of items with an open flame, personal space heaters, electric blankets or any item which is considered flammable are prohibited.
IN WITNESS WHEROF, the parties hereto have caused this agreement to be executed by their duly authorized representatives as of the agreement date first above written.