Rental Sublease Agreement-Paluxy

This Commercial Sublease Agreement is made by and between Solace Counseling and Anxiety Center, LLC and {name} on {date}.

1. Premises. Tenant hereby subleases to Subtenant, and Subtenant hereby subleases from Tenant for the term specified below, and upon all of the conditions set forth herein, that certain real property, being one office designated within 1828 ESE Loop 323, Suite 101, Feliciano Building, and generally described herein as the Premises.

2. Term. The term of this Sublease shall be for 12 months commencing on January 1, 2025 and ending on December 31, 2025 unless sooner terminated pursuant to any provision hereof. Tenant agrees to use its best efforts to deliver possession of the Premises by the commencement date. If, despite its best efforts, Tenant is unable to deliver possession by the commencement date, Subtenant may terminate this Agreement. Should Subtenant not elect to terminate this Agreement, the commencement date shall be that date upon which possession of the Premises is actually delivered to Subtenant and the ending date shall be 6 months from the commencement date. The rate of $130/hour is set by the board. Changes must be submitted in writing and approved by the board.  

3. Rent. Subtenant shall pay to Tenant as Rent for the Premises monthly
payments paid on the first week of each month. Subtenant will pay 25% of income after credit card fees with a minimum of $1000 per month.  

4. Use of Premises. The Premises shall be used and occupied by Subtenant only for the practice of professional counseling by a LPC, LCSW, LMFT licensed by the Texas State Board of Examiners of Professional Counselors. Subtenant acknowledges that he/she has been advised to satisfy himself/herself with respect to the condition of the Premises (including, but not limited to, the electrical, HVAC, and fire protection systems, security, and plumbing) and their suitability for Subtenant’s intended use. Subtenant acknowledges that he/she has made such investigation as he/she deems necessary in his/her sole discretion and assumes all responsibility therefore as the same relate to the occupancy of the Premises. Subtenant is prohibited from subleasing office to another tenant. Subtenant will provide all furnishing for their office in keeping with Solace aesthetic to be approved by board prior to occupancy. 

5. Master Lease. Tenant is the lessee of 1828 ESE Loop 323, Suite 101, Feliciano Building, which contains the Premises.  A true and correct copy of the Lease will be made available to Subtenant. This Agreement shall at all times be subject to the Lease. Tenant represents that the Lease is in full force and effect and that no default exists on the part of any party to the Lease.

6. Additional Provisions. Subtenant assumes all risk of theft and loss of personal and business property belonging to Subtenant while it is located at the Premises. Tenant does not provide insurance to protect Subtenant’s property, and Subtenant is advised that he/she should secure insurance to cover all risks to its property located at the Premises as well as professional and personal liability insurance. Subtenant and his/her invitees shall have use of all common areas of 1828 ESE Loop 323, Suite 306, Feliciano Building, including restrooms and waiting areas.

7. Governing Law. This Agreement shall be governed by the laws of the State of
Texas. Any disputes hereunder will be heard in the appropriate state courts located in the Stateof Texas. In any suit arising under this Agreement, the prevailing party shall be entitled to recover from the losing party its reasonable attorney’s fees and court costs.

 

 

RELATIONSHIP OF THE PARTIES

Contractor enters into this Agreement as an independent contractor and shall not be subject to the direction, control or supervision of Company regarding the time spent or procedures followed in the performance of the Services. Under no circumstances shall Contractor, or any of Contractor's employees, look to Company as his or her employer or agent. Contractor is not an agent of Company. Contractor shall not transact business, enter into agreements or otherwise make commitments on behalf of Company except where expressly authorized in writing by Company. 


Neither Contractor nor any of Contractor's employees shall be entitled to any employment benefits provided to Company's employees including, without limitation, pension or other retirement benefits, health insurance, worker's compensation, unemployment insurance, disability insurance, vacation, sick pay or other paid time off. Company shall not pay or withhold federal, state or local income or other payroll taxes on behalf of Contractor or any of Contractor's employees. 


Contractor shall be responsible for all costs of self-employment including, without limitation, all federal, state and local income tax payments for Contractor or any of Contractor's employees. Contractor shall report and pay all applicable federal, state or local income or other payroll taxes or withholdings on behalf of Contractor or any of Contractor's employees. Contractor shall provide, at Contractor's expense and in Contractor's name, to Contractor and any of Contractor's employees, unemployment, disability, worker's compensation, health insurance, or any other employee benefit required by applicable federal, state or local law. Contractor has, or has applied for, all tax identification numbers from federal, state or local taxing authorities necessary to collect and remit taxes, including sales taxes, in connection with the provision of the Services. 


Contractor agrees that, if a court or government agency determines that Contractor and Company have an employer-employee relationship, Contractor will remain bound by this Agreement and will not be entitled to receive from Company or have Company provide him or her any compensation, benefits, insurance, tax payments or withholdings of any kind. Contractor shall indemnify and hold Company harmless from and against any liability for the payment of taxes, interest or penalties, as well as damages and costs, including attorney fees, in connection with any claim or finding that Contractor or any of Contractor's employees are employees of Company. 


TERMINATION

This contract may be terminated at any time by either party with or without cause in accordance with the guidelines set forth in this agreement.

In order to ethically transfer clients, subtenant will give a written notice of no less than one month prior to leaving Solace.