Terms and Conditions

THIS SUBLEASE AGREEMENT (the “Agreement”) is made on the date indicated in the Booking, between the Sublessor, and You, the Sublessee.

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1. AGREEMENT; SUBLEASED ROOM AND USE.

1.1 Rental of Subleased Room. Sublessor agrees to sublease to You, and You agree to hire from Sublessor, the Subleased Room for the term specified in the Booking. Sublessor is not obligated to offer You or anyone else a new or renewal sublease when the term of this Agreement expires.

1.2  Use of Subleased Room.  You shall not operate any business in the Subleased Room except as previously approved by the Sublessor. You hereby represent that: (i) only You and your customer will use the Subleased Room; (ii) a maximum of two people are allowed in the Subleased Room at all times; (iii) You shall not use the Subleased Room for group lessons; and (iv) the use by You of the Subleased Room shall not contravene any applicable laws and regulations.

1.3 Short Term Rentals are Prohibited. Without limiting the generality of the foregoing, You shall not (i) use or operate the Subleased Room for short term or temporary rental, (ii) advertise on any internet site or otherwise that the Subleased Room is available for any short term rental, or (iii) give anyone who is not a lawful occupant or guest of the Subleased Room pursuant to this Agreement any key, electronic card or other means of entry to the Subleased Room, the Building or any of the common areas of the Building. You shall indemnify, defend and hold harmless Sublessor against any and all claims, judgments, liabilities, costs and expenses (including reasonable attorneys’ fees, fines and/or penalties) resulting from Your breach of this Section 1.3.

 

2. RENT; LATE CHARGE.

2.1 Rent. Your rent for the Subleased Room is as stated on the Website. You must pay Sublessor the any daily or hourly rent, in advance, by wire transfer or otherwise as requested by the Sublessor. If applicable, You must pay the security deposit on the date of this Agreement. You acknowledge that you agreed to the rent (and other terms of this Agreement) freely and voluntarily. You may cancel the sublease of the Subleased Room up to 24 hours in advance, and the rent shall not become due and payable (or, if applicable, the rent shall be promptly reimbursed by the Sublessor).

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3. SECURITY DEPOSIT.

3.1   Security Deposit. If applicable, You are required to give Sublessor the sum agreed to in writing as security deposit, which shall be due and payable when You sign this Agreement. You agree You shall not be entitled to interest on the security deposit.

3.2 Refund of Security. If You carry out all of Your agreements in this Agreement and vacate the Subleased Room and return it to Sublessor in the same condition it was in when You first occupied it (except for ordinary wear and tear, or damage caused by fire or other casualty not caused by You or anyone else in the Subleased Room), Sublessor will return to You the full amount of the security deposit within ten (10) days after this Agreement ends. However, if You do not carry out all Your agreements in this Agreement, Sublessor may keep all or part of the security deposit as is necessary to pay Sublessor for any losses incurred, including missed payments.

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4. CONDITION OF THE SUBLEASED ROOM AND COMMON FACILITIES; CARE OF THE SUBLEASED ROOM; END OF SUBLEASE; VACATING SUBLEASED ROOM.

4.1 Subleased Room Is Rented "As Is". You hereby represent that, before signing this Agreement, You have inspected the Subleased Room and You accept it in its present condition "as is".

4.2 Care of the Subleased Room and Appliances. You must take good care of the Subleased Room and the Appliances and not permit or do any damage to them. You may not, without Sublessor’s prior written consent in each instance, change or alter the Subleased Room in any way. If any damage were caused to the Subleased Room and/or the Appliances, You shall immediately notify Sublessor and shall indemnify Sublessor for such loss or damage within the following 5 (five) days.

4.3 Noise, Odors and Other Annoyances. You acknowledge that Sublessor has not made any representations or promises with respect to noise, odors or other annoyances however arising and whether occurring inside or outside the Building or in the general vicinity of the Building. You hereby waive and release any claim, cause of action or set-off by reason of or arising out of any noise, inconvenience, aroma, scent, odor or other annoyance, however arising, and whether occurring inside or outside the Building. You shall not rescind this Agreement or claim any abatement or reduction of rent, nor shall You fail to honor any of Your other obligations under this Agreement by virtue of any of the above-mentioned items.

4.4 Vacating Subleased Room.

4.4.1 Rent shall be due until the last day of this Agreement and will not be pro-rated, even if You vacate the Subleased Room prior to the expiration of the term.

4.4.2 On or before the ending date of this Agreement:

(a) You must vacate the Subleased Room.

(b) You must repair, restore or substitute (as requested by the Sublessor) the Subleased Room or the Appliances, at Your own cost and expense, so that they will be in good order and in the same condition they were in when You occupied the Subleased Room.

4.4.3 Failure To Repair or Restore Subleased Room or Appliances. If You fail to duly and punctually perform any of Your obligations under this Article, Sublessor may do so, at Your expense. Sublessor, in addition to any of its other rights and remedies, may deduct the costs of performing any of Your obligations, from any security deposit held by Sublessor.

4.5 Obligations Survive the Expiration of Lease. Your obligations under this Article 4 will continue even after this Agreement ends.

4.6 Renewals. You understand that Sublessor is not required to offer You a new or renewal lease when this Agreement expires; or if Sublessor does offer a new or renewal sublease, such sublease may be on terms (including, without limitation, the price) that are different than the terms of this Agreement. Without limiting the generality of the foregoing, if any discount, concession or special amenity was provided to You in connection with this Agreement, such discount, concession or special amenity is for this Agreement only and need not be included in any new or renewal sublease of the Subleased Room.

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5. YOUR DUTY TO COMPLY WITH LAW AND BUILDING RULES; OBJECTIONABLE CONDUCT.

5.1 Law and Building Rules. You will obey and comply, and will cause Your employees, contractors, customers or other visitors to comply, with all present and future laws, regulations, policies or rules which affect the Building or the Subleased Room or the occupancy or use thereof, including as indicated by the security personnel of the Building.

5.2 Your Responsibility. You are responsible for the behavior of Yourself, Your employees, contractors, customers and other occupants of the Subleased Room. You shall indemnify and hold Sublessor harmless for any liability arising from any breach of law, regulation, or Building rules by You, Your employees, customers, visitors or any other person who was granted access to the Building or the Subleased Room by You. You will pay to Sublessor, upon demand, all losses, damages, fines and reasonable legal expenses paid or incurred by or on behalf of Sublessor because You, customers, employees, contractors and other occupants of the Subleased Room or people visiting the Subleased Room have not obeyed any law, Building rule or provision of this Agreement.

5.3 Objectionable Conduct. As a sublessee, You will not engage in objectionable conduct nor will You allow any employee, customer, occupant, visitor or pet to engage in objectionable conduct. Objectionable conduct means behavior which  interferes with the right of others to properly and peacefully enjoy their properties or leased properties, or causes conditions which are dangerous, hazardous, unsanitary or detrimental to other tenants and occupants in the Building. Objectionable conduct by You, or any occupant, visitor or pet will give Sublessor the right to end this Agreement.

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6. COMMON FACILITIES AND OTHER AMENITIES.

6.1 In General. You understand that the use of any of the Common Facilities will be at Your own risk and expense. Sublessor shall not be responsible for any loss or damage to property left in any Common Facilities or other Building space. No rent is attributable to the use of the Common Facilities.

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7. SERVICES; APPLIANCES.

7.1 Services. Sublessor will provide cold and hot water, heating system, electricity, towel heater and laundry services (exclusively for those towels used by Your business in the Subleased Room during the term of this Agreement).

7.2 Appliances. Appliances supplied by Sublessor in the Subleased Room are for Your use. They will be maintained and repaired or replaced by Sublessor; but if repairs or replacements are made necessary because of Your negligence or misuse, You must pay Sublessor for the cost of such repair or replacement. Sublessor may, in its discretion, at any time, for any or no reason, replace any appliance in the Subleased Room irrespective of whether the replacement is not as good as or smaller than the one being replaced.

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8. ENTRY TO SUBLEASED ROOM.

8.1 Entry Permitted. Sublessor and Sublessor’s contractors, workmen and representatives may enter the Subleased Room for any reason with prior written notice to the Sublessee. No advance notice shall be required prior to entry to the Subleased Room based upon concerns for safety, security, efficiency or timeliness or for the comfort and convenience of Building occupants and guests.

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9. ASSIGNING; SUBLETTING; ABANDONMENT.

9.1 Assigning and Subletting. You may not assign this Agreement or sublet the Subleased Room without Sublessor’s prior written consent in each instance, which consent, Sublessor may withhold for any or no reason.

9.2 Abandonment.

9.2.1 If You vacate the Subleased Room (abandonment) before the end of this Agreement without the prior written consent of Sublessor (which may be withheld for any or no reason or may be subject to such conditions as Sublessor may impose, including the payment of a fee):

(a) This Agreement will not be ended;

(b) You will remain responsible for payment of rent as it becomes due until the end of this Agreement; Your responsibility for rent will end only if Sublessor chooses to end this Agreement for default as provided below;

(c) Sublessor may commence immediate proceedings to collect as damages, the full amount of rent for the unexpired term of this Agreement; and

(d) Whether or not rent payments by You are then current, Sublessor may re-enter and resume possession and control of the Subleased Room.

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10. DEFAULTS; LEASE TERMINATION.

10.1 Default. You will be in default under this Agreement if You fail to carry out any agreement or provision of this Agreement;

10.2 Lease Termination. If You do not cease any activity which is a default under this Agreement, Sublessor shall give You a notice of termination that this Agreement will end immediately after the notice of termination is sent to You. Even though this Agreement ends, You will remain liable to Sublessor for unpaid rent up to the end of this Agreement, an amount equal to what the law calls “use and occupancy” until You actually move out of the Subleased Room after this Agreement ends, and damages caused to Sublessor after that time as stated below. “Use and occupancy” shall not be less than one hundred and twenty five percent (125%) of the rent You were paying on the last day of this. You must pay to Sublessor as damages all expenses paid or incurred by or on behalf of Sublessor related thereto including attorney's fees, advertising costs, brokerage fees and the cost of putting the Subleased Room in good condition for re-rental.

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11. FEES AND EXPENSES.

11.1 You must pay to Sublessor all fees and expenses paid or incurred by or on behalf of Sublessor:

11.1.1 In making any repairs to the Subleased Room or the Building (including any of the Common Facilities) resulting from misuse or negligence by You, Your customers, employees, contractors or persons who visit You;

11.1.2 In repairing or replacing any Appliance damaged by misuse or negligence by You, Your customers, employees, contractors or otherwise; and

11.1.3 Arising from Your failure to obey any other provisions or agreements of this Agreement or any other agreement between You and Sublessor (including any agreement for the use of a storage room or for the use of any of the Common Facilities).

11.2 You shall pay these fees and expenses to Sublessor within ten (10) days after You receive Sublessor’s notification. If this Agreement has ended when these fees and expenses are incurred, You will still be liable to Sublessor for the same amount as damages.

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12. PROPERTY LOSS AND DAMAGE; PERSONAL INJURY.

12.1 Sublessor Not Liable for Damage. Sublessor and Sublessor's agents, contractors, representatives and employees will not be responsible to You for: (i) any injury, loss of or damage to You, Your employees or customers or Your property in the Subleased Room (even when Sublessor and Sublessor’s representatives, agents, contractors or employees are permitted to enter the Subleased Room) or the Building (including any of the Common Facilities) due to any accidental or intentional cause, including a theft or another crime committed in the Subleased Room or elsewhere in the Building; and (ii) any damage or inconvenience caused to You by any other tenant, occupant or person in the Building.

12.2 Cancellation of Lease by Sublessor. At any time, Sublessor may end this Agreement by giving You prior written notice and no fee or penalty shall be payable.

12.3 Cancellation of Lease by Sublessee. Without fault on Your part or on the part of any other occupant of the Subleased Room, You may give Sublessor written notice stating that You wish to end this Agreement and specifying the end date for this Agreement, which shall, in no event, be within less than 24 hours after delivery of the relevant notice.

 

13. NOTICES.

13.1 Notices in General. Any notice under this Agreement will be considered properly given :

(i)  If it is (a) in writing; (b) signed by or in the name of the Sublessor or Sublessee, as applicable; (c) addressed at the relevant party at the Subleased Room or such other address as Sublessor believes is reasonably likely to reach You and (d) delivered by messenger, mail or overnight delivery service (such as Federal Express). Such notice will be deemed effective as of the date of delivery (if sent by messenger), one day after it is sent by overnight delivery service or on the next day after mailing that the Postal Service makes regular residential deliveries.

(ii) Electronic Notice. There is an "E-Mail Address For Sublessee" and “Phone Number” shown at the beginning of this Agreement or in the Booking though the Website, as applicable. Notice by e-mail or text will be deemed given when sent and need not be signed.

 

14. APPLICABLE LAW; JURISDCITION; COUNTERCLAIMS.

14.1 Applicable Law; Jurisdiction. This Agreement shall be deemed to have been made in the City and State of New York. Your and Sublessor’s rights and obligations shall be determined in accordance with the internal laws of the State of New York. You will submit to the personal jurisdiction of the courts of the State of New York whose jurisdiction shall be exclusive in any action or proceeding arising out of this Agreement or any other agreement or relationship between You and Sublessor.

14.2 No Counterclaims. If Sublessor begins any court action or proceeding against You, You may not make a counterclaim in that action or proceeding.

 

15. DEFINITIONS

The following words shall mean:

15.1 Including. The term “including” means “including, without limitation” and the term “include” means “include, without limitation”.

15.2 Law. The term “law” means any applicable statute, code, law, regulation, court order, judicial decision, order of civil authority or other requirement having the force of law.

15.3 You. The term "You" means the person or persons signing this Agreement as tenant and the successors and assigns of the signer. This Agreement has established a tenant-landlord relationship between You and  Sublessee.

15.4 Common Facilities. Means the lobby of the Building, the lobby in second floor of the Building, bathrooms, the coffee station or other amenity or facility that is for the use of Building occupants.

15.5 Appliances. Means the massage table, towels, towel heater, cups and oils. The Parties hereby acknowledge that the laser machine is excluded from the “Appliances” and under no circumstances shall the Sublessee make use of it.

15.6 Building. Means the building located in 90 Broad, New York, NY 10004.

15.7 Booking: Means the booking made by You through the Website.

15.8 Website: Means the website https://www.reviwellspace.com/.

15.9 Subleased Room: Means room 255 or 253 located in the Building, as agreed to in writing or through the Booking.

 

16. INFORMATION; NO CONFIDENTIALITY

16.1 By signing this Agreement You are telling Sublessor that all information and documents provided by You  or on Your behalf to Sublessor or otherwise obtained by Sublessor in connection with this Agreement and Your rental of the Subleased Room is true, correct and complete and does not leave out any information that would be important to Sublessor's decision to rent the Subleased Room to You. If Sublessor discovers any such misrepresentation or omission before the start of or during the term of this Agreement, Sublessor may cancel this Agreement by notice to You (which for this purpose may be written or electronic notice). All such information and documents (including information obtained by Sublessor during the term of this Agreement, such as information about Your timeliness in making rent payments and fulfilling Your obligations under this Agreement) may be disclosed by Sublessor or its agents to third parties.

 

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