Terms & Conditions
Agreement to Sublease Studio Space
The sublessor agrees to sublet, and the subtenant agrees to take the premises described
below.
Both parties agree to keep, perform, and fulfill the promises, conditions and agreements
expressed below:
1. SUBLESSOR: The sublessor is: OPEN SPACE STUDIOS, LLC.
2. SUBTENANT: The subtenant is: Renting Photographer’s Business Name.
3. PREMISES: The location of the premises is: 1281 N. Causeway Blvd, SUITE
1 Mandeville LA, 70471.
4. TERM: The term of this sublease is length of sublease, beginning on beginning date and time of paid reservation time and ending ending date and time of paid reservation time.
5. RENT PAYMENTS: The rent is $ rent amount per month, payable in advance on
the 23 rd day of the month. The rent is payable to Your Business Name at Business
Mailing Address, City, State and ZipCode.
Subtenant must remit payment by the XX day of the month or a late fee of $XXX shall be
assessed in addition to past due rent. Failure to submit rent may result in forfeiture of
access to the premises and revocation of the sublease agreement without notice.
Payments shall be made to sublessor by insert your preferred methods of
compensation (credit card, check, paypal) If you use check consider a bounced
check fee. Optional provision for checks: The subtenant shall be assessed a $XXX fee
for bounced checks.
6. AGREEMENT TERMINATION: The sublease agreement will terminate on enter
the lease end date – such as listed above. The lease shall automatically renew for an
additional insert term length each renewal period if a written Notice to Vacate is not
provided to the sublessor thirty (30) days prior to end of the leasing period.
7. UTILITIES: Charges for utilities connected with premises which are to be paid by
the sublessor under the master lease include list out the utilities sublessor will provide
the subtenant as part of their rent payment. Additional utilities requested and
acquired by the subtenant shall be paid by the subtenant unless otherwise agreed upon in
writing.
8. PROPERTY CONDITION: Subtenant agrees to surrender and deliver to the
sublessor the premises and all furniture and decorations within the premises in as good a
condition as they were at the beginning of the term, reasonable wear and tear excepted.
The subtenant will be liable to the sublessor for any damages occurring to the premises or
the contents thereof or to the building, which are done by the subtenant or his guests.
9. DEPOSIT: Subtenant agrees to pay sublessor a deposit of $XXX to cover damages
beyond normal wear and tear, unpaid rent, and unpaid utilities. Sublessor agrees that if
the premises and contents thereof are returned to him/her in the same condition as when
received by the subtenant, reasonable wear and tear thereof excepted, and if there is no
unpaid rent or unpaid utility bills owed by the subtenant, he/she will refund to the
subtenant $XXX at the end of the term, or within 30 days thereafter. Any reason for
retaining a portion of the deposit shall be explained in writing within 30 days to the
subtenants.
10. DEFAULT. If any rent provided herein shall be due and remain unpaid or if
Subtenant fails to perform any of the provisions of this Sublease Agreement, in addition
to all other remedies available to sublessor at law or by this Sublease, sublessor may
cancel this Sublease Agreement by giving Subtenant XXX (X) days notice in writing.
After such period has expired, sublessor shall have the right to re-enter
the Subleased Premises and take possession thereof. Subtenant’s right to possession shall
thereupon cease and sublessor shall be entitled to the possession of said premises and to
re-enter the same without demand for rent or for possession. Sublessor may proceed
forthwith to recover possession of said premises by process of law, any notice to quit or
of intention to exercise such option or to re-enter said premises being hereby
EXPRESSLY WAIVED BY SUBTENANT. Notwithstanding such re-entry or
cancellation, the liability of the subtenant for rent due hereunder shall not be extinguished
for the balance of the rental period, and Subtenant shall make good to sublessor any
deficiency arising from a re-entry and re-letting of the Subleased Premises at a reduced
rental.
Further, Subtenant at its sole option may accelerate the unpaid rent for the unexpired
portion of the lease, giving credit for any proceeds from the re-letting in whole or in part
of the premises and improvements by Sublessor to others. Subtenant will be liable to
Sublessor for all court costs and reasonable attorney’s fees in the event Subtenant shall
become in default and Sublessor incurs court costs and/or attorney’s fees in obtaining
possession of the premises or in the enforcement of any covenant, condition or agreement
herein contained, whether through legal proceedings or otherwise, and whether or not any
such legal proceedings be prosecuted to a final judgment.
Additionally, subtenant shall be deemed to be in default hereunder if:
A. If the Subtenant shall make an assignment of its assets for the benefit of creditors,
or if the Subtenant shall file a voluntary petition in bankruptcy, or if an
involuntary petition in bankruptcy or for receivership be instituted against the
Subtenant and the same be not dismissed within thirty (30) days of the filing
therefor, or if the Subtenant be adjudged bankrupt, then and in any of said events
this lease shall immediately cease and terminate at the option of the Sublessor
with the same force and effect as though the date of said event was the day herein
fixed for expiration of the term of this lease.
B. The Subtenant abandons the property by the removal of all of subtenant’s
personal property and subtenant’s failure to occupy the property for a period in
excess of 14 days.
11. ORIGINAL LEASE: The sublease agreement incorporates and is subject to the
original lease agreement between the sublessor and his lessor, a copy of which is attached
hereto, and which is hereby referred to and incorporated as if it were set out here at
length. The subtenant agrees to assume all of the obligations and responsibilities of the
sublessor under the original lease for the duration of the sublease agreement.
12. LIENS. Subtenant shall keep the Subleased Premises free and clear of all liens
arising out of any work performed, materials furnished, or obligations incurred.
13. NOTICE. All written notices required or permitted by this Sublease may be
delivered in person or sent by certified mail, return receipt requested (postage prepaid) to
the Tenant or Subtenant at the addresses set forth above, or at such other address as the
parties may designate in writing from time to time by notice given pursuant to this
paragraph, or notices to the Subtenant may be delivered or posted at the Premises.
Subtenant shall be deemed to have received notice if such notice is delivered or posted at
the Premises. In addition to written notices delivered as hereinbefore set forth, any
written notices required or permitted by this Lease may be sent by e-mail to the Tenant or
Subtenant at the e-mail addresses set forth below. If e-mail delivery is used, the sender
shall retain sufficient proof of the electronic delivery, which may be an electronic receipt
of delivery, a confirmation that the notice was sent by facsimile, or a certificate of service
prepared by the sender confirming electronic delivery.
14. OTHER TERMS AND CONDITIONS:
A. Subtenant’s control includes an identified individual office, common areas,
bathroom and storage closet.
B. Any leasing out of space, including but not limited to hourly rentals, events, etc,
to other individuals must be approved in writing by sublessor.
C. The Subtenant agrees to provide and pay for a Public Liability Insurance Policy
secured from a responsible insurance company acceptable to the Tenant, in which
the limits shall be not less than XXXXXXXXXX ($/$), the same to provide
protection for both the Subtenant and the Sublessor, and to include protection also
for the Sublessor from all liability of every kind and nature arising out of the use
and occupancy of the Subleased Premises, including the building and sidewalks.
Sublessor is to be furnished a copy of said policy or suitable evidence of
insurance, and the Sublessor is to be held blameless, save and except loss and/or
injury caused solely by the negligent acts or omissions of the Sublessor, its
servants, agents, or representatives. Failure to provide such insurance policy
within 30 days after commencement of the term hereof shall be considered an
event of default giving Sublessor the right to terminate the Sublease pursuant to
the terms of this Sublease Agreement.
D. The subtenant shall not assign this lease or any of subtenant’s rights or obligations
hereunder, or sublet or permit anyone to occupy the premises or any part thereof,
without sublessor’s prior written consent, which consent may be granted or
withheld in sublessor’s sole and absolute discretion. No assignment or transfer of
this lease may be effected by operation of law, or otherwise, without sublessor’s
prior written consent. Any assignment, subletting or occupancy, to which the
sublessor consents or where the sublessor collects or accepts rent from any
assignee, subtenant or occupant, such conduct by sublessor shall not be construed
as relieving the subtenant or any assignee, or subsequent subtenant or occupant
from the obligation of obtaining sublessor’s written consent to any subsequent
assignment, subletting or occupancy, subtenant assigns to sublessor any sum due
from any assignee, subtenant or occupant of subtenant as security for subtenant’s
performance of its obligations pursuant to this lease. subtenant authorizes each
such assignee, subsequent subtenant or occupant to pay such sum directly to
sublessor if such assignee, subtenant or occupant receives written notice from
sublessor specifying that such rent shall be paid directly to sublessor. Sublessor’s
collection of such rent shall not be construed as acceptance of such assignee,
subtenant or occupant as tenant. All restrictions and obligations imposed pursuant
to this sublease on subtenant shall be deemed to extend to any subsequent
subtenant, assignee or occupant of subtenant, and subtenant shall cause such
persons to comply with all such restrictions and obligations.
E. It is expressly agreed that if at any time during the term of this lease, Subtenant
shall be adjudged bankrupt or insolvent by any Federal or State Court of
competent jurisdiction, Tenant may, at its option, declare this lease to be
terminated and canceled, and may take possession of the demised premises.
15. SOLE AGREEMENT: The parties hereby agree that this document contains the
entire agreement between the parties and this Agreement shall not be modified, changed,
altered or amended in any way except through a written amendment signed by all of the
parties hereto. Any oral representations made at the time of executing this lease are not
legally valid, and therefore, are not binding upon either party.
16. GOVERNING LAW: This Agreement shall be governed, construed and interpreted
by, through and under the Laws of the State of INSERT YOUR STATE HERE.
17. CONSTRUCTION: The words "sublessor" and "subtenant" as used herein include
the plural as well as the singular. The pronouns used herein shall include, where
appropriate, either gender or both, singular and plural. Each party and its counsel have
participated fully in the review and revision of this Agreement. Any rule of construction
to the effect that ambiguities are to be resolved against the drafting party shall not apply
in interpreting this Agreement. The language in this Agreement shall be interpreted as to
its fair meaning and not strictly for or against any party.
18. WAIVERS. A waiver by either party of any provision of this Agreement in any
instance shall not be deemed a continuing waiver for the future.
19. INDEMNIFICATION: The sublessor shall be held harmless for any and all injury
to subtenant and subtenant’s business and equipment.
20. ARBITRATION: Any controversy or claim arising out of or relating to this
contract, or the breach thereof, shall be settled by arbitration, administered in accordance
with the Commercial Arbitration Rules of the American Arbitration Association,
administered by a licensed Arbitrator in the jurisdiction closest to the Photographer’s
office and the arbitration award may be entered for judgment in any court having
jurisdiction thereof. Notwithstanding the foregoing, either party may refuse to arbitrate
when the dispute is for a sum less than $3,000. In no event shall an award in an
arbitration initiated under this clause exceed the contracted price of the controversy in
dispute.
21. FORCE MAJURE: Except as otherwise expressly set forth herein, in the event
either sublessor or subtenant shall be delayed or hindered in, or prevented from, the
performance of any act or rendering of any service required under this Lease, by reason
of strikes, inability to obtain materials, failure of power, restrictive governmental laws or
regulations, acts of God, incidences of terrorism, wars or riots, civil disturbances, floods,
earthquakes, fire, explosions, epidemics, hurricanes, tornadoes, or other reasons of a
similar or dissimilar nature which are beyond the reasonable control of the sublessor or
subtenant (collectively known as “Event”), then the performance of any such act or
rendering of any such service shall be excused for the period of the resulting delay and
the period of the performance or the rendering of the service shall be extended for a
period equivalent to the period of such delay. Notwithstanding the foregoing, this
paragraph shall not be applied so as to excuse or delay payment of any monies by one
party to the other, including rent.
Except as specifically contained herein or unless otherwise expressly provided in this
Lease, nothing contained in this Article shall be applied so as to: (a) permit any delay or
time extension due to shortage of funds; or (b) excuse any nonpayment or delay in the
payment of rent; or (c) limit either the Landlord’s or the Tenant’s rights under this Lease
to cure the other party’s default.
22. ATTORNEY FEES: If either party to this Contract brings a legal action against the
other party to this Contract to secure the specific performance of this Contract, collect
damages for breach of this Contract, or otherwise enforce or interpret this Contract, the
prevailing party shall recover reasonable attorney’s fees and all costs, premiums for
bonds, fees, and other expenses expended or incurred in the action in addition to any
other relief that may be awarded. To establish reasonable attorney’s fees, the sublessor
may present a signed affidavit from sublessor’s counsel as to the fees claimed and the
services rendered and anticipated to be rendered to collect the unpaid claim of sublessor.
All objections to this method of proof are hereby expressly waived by subtenant. The
parties agree that future attorney’s fees may be claimed hereunder.
23. ACKNOWLEDGEMENT OF COPY RECEIVED: Each party signing this
sublease acknowledges receipt of a copy thereof.