THIS BOOTH RENTAL AGREEMENT is made and executed on this _______ day of ___________ 20__ by and between Whip-Lash Salon & Beautique, a Company registered in accordance with the laws of Georgia (hereinafter the “Lessor”) and ____________________ (hereinafter the “Lessee”) The Lessor and Lessee collectively referred to as “Parties” or individually as “Party”) and includes that Party’s successors and assigns.
those as listed on the signature page of this Agreement (hereinafter individually referred to as “Party” and collectively as “Parties.”)
Whip-Lash Salon & Beautique , on behalf of itself, its successors in interest and affiliates; a Companyregistered in accordance with the laws of Georgia, having its registered office at 1995 Windy Hill Road SE, Suite 10, Smyrna, GA (hereinafter referred to as the “Lessor.”)
__________________________________, an individual resided
at__________________________________________________________ on behalf of themselves, their successors in interest and affiliates; (hereinafter referred to as the “Lessee”)
For and in consideration of the mutual promises and stipulations contained in this Agreement, Lessor does hereby lease to Lessee, and Lessee hereby leases from Lessor, the leased premises described in Paragraph 1 upon the following terms and conditions.
In consideration of covenants and agreements contained in this agreement, and other good and valuable consideration, the receipt of which is hereby acknowledged. Lessor does hereby lease to Lessee, and Lessee hereby leases from Lessor, the leased premises described in Paragraph 1 upon the following terms and conditions.
IN CONSIDERATION OF the matters described above and of the mutual benefits and obligations set forth in this Agreement, the receipt and sufficiency of which consideration is hereby acknowledged, the Client and the CompanyLessor (individually the “Party” and collectively the “Parties” to this Agreement) agree as follows:
The booth of interest is located at the street address of _________________________________ and shall consist of an approximately ___ foot by ___ foot sized station (“Premises”) sufficient to operate the Lessee’s services. Lessee shall have the right to occupy the Premises and to operate said booth as a business open to the public.
This Agreement shall begin on _____________________, 20____ and shall
continue on a weekly/ monthly/ yearly basis until further notice of Lessor or Lessee.
Either party may terminate this Agreement upon a ____ day written notice served on the other party. If a Party wishes to terminate the contract with less than these stated days, the other Party reserves the right to charge costs they have already paid in advance or incurred.
Contract will be terminated immediately for destruction of property, stealing, disrespect, and/or any other unprofessional conduct.
The termination of this Agreement shall not discharge the liabilities accumulated by either Party.
Any Clauses intended by the Parties or this Agreement to survive the termination of this Agreement shall survive the termination of this Agreement by whatever cause.
Lessee shall pay Lessor the sum of $_____________. This payment shall be payable in cash or money order. and due on ___________________________. The rent shall be payable without fail as and when it falls due without exception.
Lessee shall provide a deposit amount that is equivalent to the rent of the first month/week and the last month/week. This deposit shall be (check one)
☐ Refundable. This deposit will be returned to the Lessee at the termination of the Lease, subject to the option of the Lessor to apply it against Lease charges and damages. Any amounts refundable to the Lessee shall be paid at the time this Lease is terminated.
However, Lessor is not limited to the deposit amount, and Lessee remains liable for any balance due. Lessee shall not use, deduct or apply any such deposit at any time in place of the payment of the rental amount. If Lessee breaches any terms or conditions of this Agreement, Lessee shall forfeit any deposit, as permitted by law.
Lessor represents and warrants that they have the right to lease the Premises as provided in this agreement and that Lessee shall be entitled to possess the Premises quietly. Lessor will not interfere with that right as long as Lessee performs all their obligations under this agreement.
The Premises herein is in an “as is” condition, and Lessor has not made and does not hereby make any representation, warranty, or covenant expressed or implied concerning the condition, quality, durability, capability, or suitability of the Premises or against any patent or latent defects therein.
Specifically, and without limiting the generality of the foregoing, the Lessee’s use of the equipment on the premises is at their own risk.
Lessor and Lessee acknowledge that the Premises has been inspected, and the Lessee accepts the Premises as being in good condition. Lessee agrees to accept the premises in their present condition.
Use of the Premises:
Lessee shall use the premises solely for the use of providing services related to hair cutting, coloring, or any other services offered in the location of the Premises. Lessee shall not use the premises nor permit the premises to be used, in any manner that violates any law, statute, ordinance or regulation now or hereafter in force and applicable to the premises. Lessee and Lessee’s guests, customers, invitees, and agents shall at all times comply with all property rules and regulations of Lessor in existence.
Lessee shall be responsible for handling it’s customer’s payments. Lessor shall not provide change for Lessee.
Equipment and Personal Property:
Lessor agrees to provide the Lessee: (check as applicable)
☐ Booth ☐ Chair ☐ Table ☐ Other _______________________________.
Lessee may equip the booth with Lessee’s own equipment only with the written consent of the Lessor which and that it should not be unreasonably withheld unless the said equipment disrupts the everyday business.
Lessor and Lessee agree that Lessee shall at all time keep and maintain the premises in a clean and neat condition and in a good state of repair. Lessee will at the expense of Lessee promptly repair any damage to the premises caused by any act or omission of Lessee or any agent, employee, customer, guest or invitee of Lessee. Lessee shall not in any manner deface or damage the premises or any part thereof. Lessee will make no structural change or other alteration to the premises without the prior written consent of Lessor.
The Lessee’s clients shall be the sole responsibility of the Lessee.
Lessee shall be responsible for handling its clients’ payments. Lessor shall not provide change for Lessee.
Return of the Premises
Lessee will return the premises peaceably and promptly to Lessor at the end of the term of this Agreement, or at any earlier termination thereof, in as good condition as the same are at the beginning at the term of this lease, ordinary wear and tear excepted.
Both parties agree that failure of Lessee to keep the premises in clean and tidy manner shall attract a penalty of _________$ which shall be paid together with the rent for the respective month.
The Lessee shall be charged a $30 penalty for late rental payment on each day the rent remains unpaid.
Lessor agrees to provide and be financially responsible for the following utilities: (check as applicable)
☐ Water ☐ Electricity ☐ Telephone ☐ Heat ☐ other ____________________.
Taxes. (Check one)
☐ – Lessee shall pay for their portion of real estate taxes associated with the Premises. This responsibility shall only be deemed valid if the Lessor owns the Premises or the Lessor is responsible for the real estate taxes in their rental agreement with the landlord.
☐ – Lessor shall pay for all taxes associated with the Premises.
Assignment and Subletting:
Lessee shall NOT assign this lease or sublet all or any part of the premises without having first received prior written consent of Lessor, which shall not be unreasonably withheld. The Lessor may however transfer or assign this agreement or subcontract its obligations hereunder at any time without the Lessee’s consent.
Damages to or Destruction of Premises.
If the premises are partially or totally destroyed or damaged by fire or other hazard, Lessor shall repair and restore the premises as soon as it may be reasonably practicable to substantially the same condition in which the premises were before such damage, provided, however, in the event the premises are completely destroyed or are so damaged that they cannot reasonably be used by Lessee, then this lease may be terminated by Lessor by serving written notice of such termination upon Lessee.
Whip-Lash must have:
Application on File, Copy of ID SS and License, First and last week’s/month’s rent
Current Georgia State license
Own clientele, Products (Start and finishing products), Renters Insurance (Proof of insurance required and Whip-lash salon & Beautique listed on policy), Booking Software, Payment Processing, Monetary change for customers
No subleasing without clearance from management/owners
Selling other products other than Whip-Lash Products
Soliciting to “Whiplash Customers”
Touching of anyone else’s personal belongings, products and equipment
Building may be purchased for classes starting at $75 per hour *Prices may change without notice*
All notices, requests, demands or other communications required or permitted by the terms of this Agreement will be given in writing and delivered to the Parties at the following addresses:
To the Lessor
To the Lessee
Any notice required to be given between the Parties pursuant to the provisions of this Agreement shall be in writing and shall be deemed to have been given at the time when actually received as a consequence of any effective method of delivery at the following addresses (including email) or such changed address as the Party shall have specified by written notice, provided that any notice of change of address shall be effective only upon actual receipt:
Address: 1995 Windy Hill Road SE, Suite 10, Smyrna, GA
Except to the extent paid in settlement from any applicable insurance policies, and to the extent permitted by applicable law, Lessee agrees to indemnify, defend and hold harmless Lessor, and its respective affiliates, officers, agents, employees, and permitted successors and assigns against any and all claims, losses, damages, liabilities, penalties, punitive damages, expenses, reasonable legal fees and costs of any kind or amount whatsoever, which result from or arise out of any act or omission of Lesseeor, respective affiliates, officers, agents, employees, and permitted successors and assigns that occurs in connection with this Agreement. Lessee agrees that Lessor shall have the right to participate in and control the defense of any such claim through counsel of its choosing at Lessee’s expense.
This indemnification will survive the termination of this Agreement.
Parties agree to settle disputes under this Agreement through (select one)
☐Negotiation ☐Mediation ☐Arbitration ☐Litigation
All non-public, confidential or proprietary information of the Lessor, disclosed by the Lessor to the Lessee, whether disclosed orally or disclosed or accessed in written, electronic or other form or media, and whether or not marked, designated or otherwise identified as “confidential” in connection with this Agreement is confidential, solely for the use of performing this Agreement and may not be disclosed or copied unless authorized in advance by the Lessor in writing. Upon the Lessor’s request, the Lessee shall promptly return all documents and other confidential materials received from the Lessor. The Lessor shall be entitled to injunctive relief for any violation of this Section. This Section does not apply to information that is: (a) in the public domain; (b) known to the Lessee at the time of disclosure, or (c) rightfully obtained by the Lessee on a non-confidential basis from a third party.
In addition, this Agreement is confidential and cannot be divulged to third parties, unless as provided by law, without the written consent of the Lessor.
In the event that any of the provisions of this Agreement are held to be invalid or unenforceable in whole or in part, all other provisions will nevertheless continue to be valid and enforceable with the invalid or unenforceable parts severed from the remainder of this Agreement.
Modification of Agreement
Any amendment or modification of this Agreement or additional obligation assumed by either Party in connection with this Agreement will only be binding if evidenced in writing signed by each Party or an authorized representative of each Party.
This Agreement shall be governed by, construed, and enforced in accordance with the laws of the State of ________________. without regard to its conflict of law provisions.
Failure by either Party to enforce any of the terms or conditions of this Agreement shall not be a waiver of their right to enforce the terms and conditions of this Agreement. In addition,Tthe waiver by either Party of a breach, default, delay or omission of any of the provisions of this Agreement by the other Party will not be construed as a waiver of any subsequent breach of the same or other provisions.
This Agreement may be executed in any number of counterparts, each of which shall be deemed to be an original and all of which taken together shall constitute one instrument.
This Agreement constitutes the entire Agreement between the parties. It supersedes all prior oral or written agreements or understandings between the Parties concerning the subject matter of this Agreement. All documents annexed to this Agreement shall be subject to the terms under this Agreement, provided that the Parties append their signatures on the documents. The Parties will exercise utmost good faith in this Agreement.
The article and section headings in this Agreement are for convenience; they form in no part of this Agreement and shall not affect its interpretation.
All pronouns and any variations thereof shall be deemed to refer to the masculine, feminine, neuter, singular, or plural, as the identity of the person or entity may require. As used in this Agreement: words of the masculine gender shall mean and include corresponding neuter words or words of the feminine gender, and words in the singular shall mean and include the plural and vice versa.
IN WITNESS WHEREOF, the parties have executed this Agreement under seal on ________________
IN WITNESS WHEREOF, the Parties have executed this agreement, as set below.
Signed by the duly authorized representative of the LESSOR:Signature:Name:Designation: Date:
Signed by the LESSEE
Signature: Name: Date:
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