x

For a better experience, download our app for free

Install
img

DEFAULT LICENSE AGREEMENT



The terms and conditions of this Agreement shall apply in the event a Space Owner and Brand do not enter into a separate License Agreement. THIS LICENSE AGREEMENT ("License Agreement"), is made as of the ______ day of ____________, ________ between _________________, a(n)_________________, (entity type) having an address at c/o _________________ , ________________, __________________, ________________("Licensor"), and _________________, a(n)_______________, (entity type) having an address at _________________ , ________________, __________________, ________________(“Licensee”).




Licensed Premises, Term and Security Deposit


The Licensor hereby grants Licensee a license, to use the Licensed Premises known as ­­­­­­­­­__________________________, ____________________________, _________________________, ____________________________ (the “Licensed Premises”) on a temporary basis upon the terms, conditions and covenants set forth herein,. The term of this license (the “Term”) shall commence at 8:00 AM on ___/___/_____ (the “Commencement”) and end at 10:00 PM on ___/___/_____­­­(the “Expiration”). The fee payable by Licensee for such license will be in the amount of $________($00,000) plus $_______ for Cleaning Fee (collectively, the “License Charge”) plus a security deposit in the amount of $______($0,000)(“Security Deposit”). Licensee is scheduled to move into the Licensed Premises on ___/___/_____(the “Move-In Date”).



Representations, Warranties and Covenants


Licensee represents, warrants, covenants and agrees as follows:


Use of Common Areas and Utilities


Insurance


Termination


This Agreement shall end on the earliest of:


6. Service Fee

Licensor agrees to pay a Service Fee to popshop, LLC in the amount of fifteen percent (15%) of the License Charge, which Service Fee shall be paid on the Platform, through Popshop’s payment processor, Stripe. Popshop, LLC is a third-party beneficiary of this Section 6.


7. Indemnity

To the fullest extent permitted by Law, Licensee agrees to hold Licensor harmless from and against any and all loss, cost, liability, and expense, including attorney’s fees and disbursements, arising from or alleged to arise from (a) any default or breach by Licensee hereunder or under the Popshop Services Agreement, (b) the use or occupancy of the Licensed Space by Licensee or its officers, directors, managers, employees, agents, contractors, and invitees, (c) any act or omission of Licensee or Licensee’s officers, directors, managers, employees, agents, contractors, and invitees, (d) any injury or death to any person or damage to property by Licensee, or Licensee’s officers, directors, managers, employees, agents, contractors, and invitees occurring during the Term, whether occurring in the Licensed Space, Building, Common Areas or otherwise, except to the extent such injury, death or property damage results from the gross negligence or willful misconduct of Licensor, (e) the disposal by Licensor if Licensee’s Items. Licensor is not responsible for any claims, costs, damages, liability or losses incurred by Licensee due to the failure of heating, cooling or other utility equipment to operate, or due to the necessity of repair as herein provided, except when such failure to provide such service or access is the result of Licensor’s sole negligence. This indemnity shall apply whether the claim is made by Licensor or third parties. Licensee shall pay Licensor within ten (10) days following Licensor’s demand for indemnity hereunder, all losses, costs and liability and expenses referred to herein. This indemnity shall survive Expiration or termination of this License Agreement.


8. Nature of Agreement

Licensee acknowledges that this Agreement is a license agreement and creates no tenancy interest, leasehold estate or other real property interest with respect to the Licensed Premises. Licensor is providing Licenses with the limited right to use the Licensed Premises on the terms and conditions set forth herein. This Agreement is personal to Licensee and may not be assigned or transferred to any other Party. Licensor may assign this Agreement and upon such assignment, Licensor will be discharged from its responsibilities hereunder.


9. Casualty

If the Licensed Premises or Common Areas serving the Licensed Premises are made unusable in whole or in party by fire or other casualty or condemnation affecting the Building, Licensed Premises or Common Areas occurs, Licensor may, at its option, either terminate this License Agreement on the written notice to Licensor or repair the Licensed Premises and/or Common Areas so that Licensee can use the Licensed Premises in accordance with the Booking. The License Fee shall be abated on a per diem basis with respect to portions of the Licensed Premises or Common Areas that may be unusable, which will be Licensee’s sole remedy.


10. Incorporation by Reference

To the extent the terms and conditions of the Popshop Services Agreement do not conflict with the terms of this License Agreement, the terms of the Popshop Services Agreement are incorporated herein by reference.


11. Miscellaneous

This Agreement shall be governed by and construed in all respects in accordance with the law of the state where the Licensed Premises is located.

Licensee shall accept the Licensed Premises in its “as is” condition and nothing contained in this Agreement shall imply or warrant that the Licensed Premises or any part thereof are in any given state or condition or may be the used or are fit or the useable for any specific purpose.

All notices, demands, or requests between Licensor and Licensee shall be delivered in person and notice shall be deemed effective upon receipt or refusal thereof, or by nationally recognized overnight courier (i.e., Federal Express, UPS), in which event notice shall be deemed effective on the next following business day, or by certified mail, return receipt requested, in which event, notices shall be deemed effective three (3) business days after the posted mailing date. Any such notice shall be addressed to the parties as set forth above and either party may change the address for notices by so notifying the other party.

This Agreement shall be governed by, and construed in accordance, the laws of the State of the state where the Licensed Premises is located (other than its rules and laws relating to choice of law).

This Agreement constitutes the entire agreement between the parties hereto and may not be modified except by a written instrument executed by both parties hereto.

This Agreement may be executed by one or more parties hereto on any number of separate counterparts, each of which shall be an original and all of which when taken together shall constitute one and the same agreement.

TERMS, PRIVACY, ABOUT...