Breathe Pilates 

Facility Agreement

BUILDING EVENT RENTAL AGREEMENT
 

This Rental Agreement is entered into with the party whose signature is listed below (hereafter referred to in this agreement as either “You,” “Your,” or “Client”) and Breathe Pilates Place LLC, a corporation established under the laws of the State of Maryland (hereinafter referred to in this agreement as “Breathe”). Clients’ signature(s) below indicates the understanding and acceptance of all Terms and Conditions noted below.

 

Rates and Usage: Unless stated otherwise and absent Your Default, you agree to pay the following rates for usage of the premises at 513-5A Charles Street, La Plata, MD 20646 (the “Premises”) during the periods desired as outlined below. Such modified rates are calculated based upon immediate payment as described below.

Studio rental rates may vary depending upon negotiated pricing IF stated in a Studio Rental PROPOSAL that is accepted as an addendum to this contractual agreement. Client is required to pay holding fee for the date of service.
 

The remaining balance is due and payable immediately on the Client’s booking day of rental.  Absent the presentment of a check, you authorize Breathe to charge Your credit card for the remaining balance as well as for any additional expenses as defined in this Agreement. You may also reserve the premises for a specific period of usage by paying, in advance, a nonrefundable fee. Provide Breathe proof of current insurance (if required by Breathe management). Any vendor services are quoted outside of your facility booking.

 

Default and/or Non-Payment. In the event of non-payment at the completion of this rental agreement, the Client acknowledges that Client will be charged a collection fee equal to ten percent (10%) of the total invoice amount 60 calendar days after client vacates the premises or their rental term ends. You will be charged additional fees: 1) violate any material provision, limitation, or term of this Agreement; 2) Use the Premises for any other purpose beside for the specific purposes You state below; 3) fail to follow the reasonable directions, instruction, or orders of the Breathe representative in connection with Your use of the Premises; 4) and / or sublet the Premises to anyone else.

 

Amenities. Breathe will also provide support via the following:

·       A representative to lock and unlock the space or a key to the front door of 513A.

·       Use of the lobby (common area to 513A and 515A)

·       Use of the wallmounted barre and mirrors in Amethyst Attic if renting that space.

·       Courtesy electricity usage and water usage.

·       One (1) restroom for use of your staff and clients.

·       Access to the wireless internet.

·       Use of the bluetooth speaker system in Amethyst Attic if renting that space.

·       On-site parking.

·       Trash bin dumpster.

·       Heat/Air conditioning.

 

Terms of Occupancy and use:
There is no grace period unless otherwise stated in Studio Rental PROPOSAL addendum.
·       Studio rental is based on hourly rates or monthly access that will begin at the time stated in this agreement and will be charged as such.

·       Additional Time. Usage after the agreed time frame will be billed at the additional hourly rate. 

 

Maintenance and Condition of Premises. Client agrees to restore the Premises to the same condition when the Client began using the Premises. This shall include but not be limited to ensuring that the floors/bathrooms are left in their original state of cleanliness. Breathe reserves the right to employ such personnel and/or equipment as reasonably necessary to complete any unfinished cleaning and Renter agrees to pay the reasonable cost thereof, as set forth on all invoices presented by Breathe for such. Client is responsible for all damage repairs to and/or replacement of any portion of the rooms, restrooms, office areas, mirrors & barres, and the speaker system, to the extent such repair(s) and/or replacement is/are attributable to damage(s) caused by client. This includes damage to the Amethyst floors from shoes, water or other substances. 

Insurance, Liability, and Indemnification. Client must provide proof of liability insurance naming Breathe Pilates Place. as ADDITIONALLY INSURED for $1,000,000.00 and LOSS PAYEE at no less than $100,000.00 at the time of booking usage of the premises. Such proof of insurance shall demonstrate adequate coverage of the property arising directly or indirectly from, or attributable to, the renting or use of any equipment or space owned and/or operated by Breathe. In addition to its coverage stated above, client shall secure and maintain adequate coverage for their own equipment, and property, including but not limited to, computers, cellular phones, video and audio recording and playback equipment, TVs and monitors, kits, tools, wardrobe, props, supplies,and products.

 

Client agrees that all equipment and property brought to and/or stored at Breathe is the sole responsibility of the owner and/or Client who shall hold Breathe harmless in the event of any damage to or loss thereof during the rental of the premises. You and Your insurance company shall provide Breathe with not less than 30 days written notice prior to the effective date of any cancellation or material change to any insurance maintained by You pursuant to the foregoing provisions. Insurance coverage shall commence when the rental term begins and shall remain in full force and effect until the stage service term ends and Client completely vacates the premises.

 

Client agrees to defend, indemnify, and hold Breathe harmless from and against any and all claims, actions, causes of action, demands, rights, damages of any kind, costs, loss of profit, expenses, and compensation whatsoever including court costs and reasonable outside attorneys’ fees “Claims,” in any way arising from, or in connection with renting the space operated by Breathe and the studio equipment used; as well as any and all vehicles on Breathe property. Client acknowledges that Breathe is NOT a “soundstage” with absolute soundproofing capabilities and that there are other tenants in the building. Client ensure that there are not excessive noise distractions that interfere with other tenants use of their own space.

 

 

Cancellation Policy. You understand that if You do not provide Breathe with advance notice of at least seventy-two (72) hours of Your interest in canceling, your non-usage of the Premises will cause sufficient loss and damage to Breathe. Accordingly, you may cancel Your expected usage or booking of the Premises up to seventy-two (72) hours prior to the date of usage (“Cancellation Time Limit”). However, should You fail to notify Breathe’s office and receive a written confirmation from Breathe before the Cancellation Time Limit expires, then You agree to forfeit Your deposit and any other fees You have paid.

 

You also agree and understand that Breathe may cancel this Agreement at any time upon not less than 72 hours prior written notice. If Breathe does cancel this Agreement, then Breathe shall refund all fees received to reserve the Premises. Breathe also reserves the right NOT to extend usage of the Premises (excluding overtime usage) at any time for any reason whatsoever.

 

Additional Provisions
A. This agreement constitutes the full and entire agreement of the parties and nothing contained in any prior or contemporaneous letters, correspondence, or other communication between the parties hereto contrary to o inconsistent with the terms of this agreement shall have any effect upon the rights or liabilities of the parties.

Any controversy or claim, including any claim of misrepresentation, arising out of or related to this agreement or breach of this agreement, which cannot be resolved by the parties or in Small Claims Court will be settled by arbitration, in Charles County, Maryland. A single arbitrator under jurisdiction of and the then-current rules of the American Arbitration will conduct the arbitration. The decision and award of the arbitrator will be final, and binding and any award may be entered in any court having jurisdiction. The prevailing party in any such

arbitration shall be entitled to an award of reasonable attorneys’ fees and costs in addition to any other relief granted.

B. No modification of this agreement shall be effective or binding unless in writing and executed by both parties.

C.             No failure to exercise and no delay in exercising any right or remedy hereunder shall operate as a waiver thereof. No waiver or consent hereunder shall be applicable to any events, acts, or circumstances except those specifically covered thereby.

D.             Parties agree to do such further acts and things and to execute and deliver such additional agreements and instruments as maybe reasonably necessary to give effect to the purpose of this agreement and the parties’ agreements hereunder.

E.              The headings in this Agreement are for the purpose of organization only and are not intended to inform, alter, or control the terms of this Agreement.

F.              If any provision of this Contract is held unenforceable, then such provision will be modified to reflect the parties' intention. All remaining provisions of this Contract shall remain in full force and effect.

G.             In the event of any litigation between the parties, including an action for declaratory relief, the prevailing party shall be entitled to recover its costs in such proceedings, including reasonable attorneys’ fees, in addition to any other relief to which that party may be entitled.

H.             This agreement shall be covered by and construed in accordance with the laws of the State of Maryland.

I.               This agreement is intended to affect the mutual desires of the parties. Each party acknowledges that it has had an opportunity to review carefully all of the terms and conditions of this agreement. This agreement shall not be construed in favor of or against either party.

J.              Client agrees that the rental agreement represented by the Contract in no way entitles the Client to any interest in real property nor does the Client by signing this Contract have the right to act for or on behalf of Breathe in any agreement, contract, sub-rent, purchase, or anything which shall be binding on Breathe.

K.              Client shall hold Breathe, its officers, directors, agents, and/or their heirs or assigns, forever harmless by reason of any acts of Client which are not expressly permitted, or which are forbidden by this Contract.

L.              While renting, Client shall, at Client’s sole cost and expense, fully, diligently and in a timely manner, comply with and abide by all laws, rules, regulations, ordinances, directives, covenants, easements, and restrictions of record, permits, and the requirements of any applicable fire insurance underwriter, general insurance underwriter or rating bureau, Breathe, the property owners, the Town of La Plata, and State of Maryland regarding fire prevention, use and removal of hazardous wastes, use of electricity, and parking of vehicles, and Client shall hold Breathe harmless with respect to any claims arising as a result of or in connection with any violations thereof.

M.             Breathe will also not assume responsibility for any damage or delay caused by failure of any utility (and not attributable to the negligence of willful misconduct of Breathe, its subcontractors, agents, or any other person under the control of Breathe. including but not limited to electric power, gas, water, and/or telephone whether service interruption occurs on public or private property; acts of God and or Nature; riot or civil disobedience; or any other factor not directly related to Breathe, its equipment, and facilities. Breathe will not be held responsible for any vehicle or its contents whether in use or parked on public or private property. Breathe its officers, and employees shall have full access to all areas owned and or operated by Breathe at all times; provided, however, that neither Breathe nor its officers or employees shall do anything that interferes with Client’s use of the Premises, except as shall be necessary to prevent damage to the Premises or to the property and equipment of Breathe, or injury to any persons working on the premises. Breathe reserves the right to deny access to any or all areas owned and or operated by Breathe, to any party for any reasonable cause or reason.

TO BOOK STUDIO PLEASE HAVE THE FOLLOWING AVAILABLE:
·       SIGNED PROPOSAL
·       SIGNED RENTAL AGREEMENT

·       INSURANCE CERTIFICATE (if required by Breathe management)

o   CREDIT CARDFOR SECURITY DEPOSIT

The undersigned individual represents that he or she has reviewed the entire Rental Agreement, agrees to be bound by all of its terms, obligations, provisions, and costs, AND is authorized to execute this agreement on behalf of the Client: