SHARED SPACE AGREEMENT
This Shared Space Agreement (the “Agreement”) is entered into this day (recorded on the Stripe.com payment) (“Effective Date”) by and between Mount Joy Holdings, LP (“MJH”), a limited partnership company with a place of business at 336 Locust Street, Columbia, PA 17512 (the “Premises”) and (name on Stripe.com payment) , an individual /nonprofit/ for profit business.
WHEREAS MJH provides shared working space for artists, designers, innovators, entrepreneurs, nonprofits, and other individuals in need of physical space;
WHEREAS Member desires to lease shared working space from MJH on the terms and conditions set forth below;
NOW, THEREFORE, in consideration of the mutual covenants, promises and conditions contained herein, MJH and Member each hereby agree as follows:
- Term. The initial term of this Agreement shall commence upon the Effective Date and shall be automatically renewed on a month to month basis until terminated pursuant to Paragraph 12.
- Lease of Shared Space. Subject to the terms and conditions of this Agreement, Member has leased the following shared working space (the “Workspace”): Exhibit D
Private Office – Private office with a secure locked door are available for a higher fee negotiated between the member and landlord.
Dedicated Desk – Desk, chair, in an open space.
- Additional Services.
MJH will provide the following additional services to Member:
- A dedicated desk space, or table space, with a secure locker storage for valuables.
- Access to a conference room, as available, on a first-come first-served basis, during regular business hours (9 o’clock a.m. to 5 o’clock p.m.);
- Wireless internet access, which shall be subject to the terms and conditions set forth in Exhibit A;
- Furniture, which shall be selected by MJH in its sole discretion;
- MJH shall be responsible for all utilities, including water, sewer, gas, electric, Wi-Fi, and trash service.
- Lease Fees. Member shall pay a monthly lease fee (“Lease Fee”) for use of the Workspace. Payment shall be made in the form of check or wire transfer as set forth in Exhibit B. The Lease Fee shall be subject to an annual increase of up to five percent (5%) to be determined in the sole discretion of MJH, to take effect on the first day of each year that this Agreement is in effect. The Lease Fee is due on the 1st of each month. Payments that are in excess of 5 days late are subject to a late fee of ten percent of the late Lease Fee and 10% of all balances outstanding more than 30 days.
- Workspace Access. Member shall have 24 hour access to the Workspace except during a force majeure event. Member is responsible for maintaining the security of the key, code or access device assigned to Member to access the Workspace, and shall promptly notify MJH if security is compromised.
- Workspace Rules. Member agrees to abide by the Workspace Rules set forth in Exhibit C, which may be amended from time to time by MJH in its sole discretion.
- Guests. Member is permitted to conduct occasional meetings with work-related guests in the reserved conference room, or, for members with a Private Office membership, in Member’s office. All guests must be accompanied by Member at all times while on the Premises. Member agrees to be responsible for any damage caused by Member’s guest while on the Premises.
- Personal Property. MJH is not responsible for Member’s personal property. Member shall remove any personal property upon termination of this Agreement. Any personal property remaining on the Premises after termination of this Agreement will be disposed of by MJH. Member waives all claims regarding Member’s personal property.
- Damage to the Premises. Member is liable for damage to the Premises caused by Member, and authorizes MJH to charge Member for repair of any such damage.
- No-Sublicenses. Member shall not sublicense the Workspace without MJH’s written authorization.
- After the Initial Term, Member or MJH may terminate this Agreement without cause upon 60 days written notice.
- MJH may terminate this Agreement immediately upon a material breach of this Agreement by Member.
- Member may not end this lease before the Initial Term end date. If Member vacates the premises before the end date member is still responsible for the financial terms of this lease agreement.
- Indemnification. Member agrees to indemnify and hold harmless MJH against all losses, damages, liabilities, costs or expenses, including reasonable attorneys’ fees, resulting from all claims, proceedings, investigations or actions arising out of or in connection with Member’s breach of this Agreement or Member’s negligent or willful acts or omissions. This indemnification obligation shall survive the expiration or termination of this Agreement.
- Limitation of Liability. To the extent permitted by law, MJH disclaims all warranties, express or implied, with respect to the Premises and the services. MJH shall not be liable under any legal or equitable theory for (i) any special, indirect, incidental, punitive, compensatory or consequential damages of any kind whatsoever or (b) damages in excess of $100. Without limitation to the foregoing, Member, on behalf of Member, and Member’s personal representatives, successors, heirs, and assigns, hereby voluntarily agree to release, waive, forever discharge and hold harmless MJH, its members and employees from any and all liability and all claims, actions, or losses which may arise from the actions of other members or third parties on the Premises.
- Force Majeure. Performance of any obligation of MJH hereunder will be excused so long as prevented by act of God, weather, act of a public enemy, fire, or other casualty, labor dispute, electrical shortage, failure of communications or common carrier or other circumstances reasonably beyond MJH’s control and that it cannot circumvent using its best efforts (“Force Majeure”). Without limiting the foregoing, in the event that the Force Majeure continues for more than ninety (90) days, then Member may terminate the Agreement upon thirty (30) days’ written notice to MJH.
- Relationship of the Parties. The Agreement shall not create or be deemed to create any agency, partnership or joint venture between MJH and Member.
- Assignability. This Agreement is not assignable by Member, either in whole or in party, without the written prior approval of MJH.
- Severability. If a court of competent jurisdiction shall declare any part of the Agreement invalid or unenforceable, it shall not affect the validity of the balance of the Agreement.
- No Waiver. The failure by MJH to exercise rights granted to MJH herein upon the occurrence of any of the contingencies set forth in this Agreement shall not constitute a waiver of such rights upon the recurrence of such contingency.
- Interpretation. The Agreement shall be fairly interpreted in accordance with its terms and without strict construction in favor of or against a party based on the identity of the drafter of the Agreement or any term or provision of it.
- Governing Law; Entire Agreement. This Agreement shall be construed in accordance with the laws of the Commonwealth of Pennsylvania, without regard to its conflict of law rules. Any dispute related to this Agreement shall be resolved in the state or federal courts of the Commonwealth of Pennsylvania, and the parties consent to the jurisdiction thereof.
ACCEPTED AND AGREED:
Evidenced by submitting payment information at Stripe.com
Wireless Internet Access Terms and Conditions
Member agrees that Member will use the wireless internet access (“wifi”) only for lawful purposes. Member will not use the wifi to:
- send unsolicited commercial messages;
- transmit any false, inaccurate or misleading information;
- be defamatory, obscene, indecent, threatening or harassing;
- infringe upon any third party’s intellectual property rights;
- access protected data or intercept personal information without authorization;
- engage in any illegal conduct.
- Submit online payment via the above Stripe.com system.
- Direct Deposit (call or email Nelson Shertzer for bank information)
- Member shall comply with all applicable laws, statutes, ordinances, regulations and rules with respect to Member’s use of the Premises. Member shall not use the Premises for any unlawful purpose or conduct any unlawful business venture on the Premises.
- Member shall treat other members with respect and shall not engage in any harassing, defamatory, obscene, indecent or threatening conduct.
- No animals of any kind shall be allowed on the Premises without MJH’s written authorization. Registered service dogs will be permitted.
- Members shall clean their own private offices and dispose of their trash in identified receptacle.
- Members shall maintain a noise level that is conductive to all members being able perform their respective duties.
- Members shall reserve the conference room at the direction of Sparrow Websites.
- The Kitchenette will be stocked with essential supplies. If there are additional requests please notify Sparrow Websites.
- Members may decorate and arrange their desk space or private office to their liking; any major renovation needs approval from MJH. Branding of common spaces will be at the discretion of MJH and Sparrow Websites.
- There shall be no Ignite building keys, security codes, or any other means of access given to anyone other than members.