Terms of Service
Space License Agreement
Creative Coast License Share Agreement
Carefully read the following terms and conditions regarding your membership in facilities managed by The Creative Coast. By clicking the I Accept button you acknowledge your acceptance of the terms and conditions of this License Share Agreement (“Agreement”), effective as of the date of your acceptance of these terms and conditions. If you do not agree to the terms and conditions of this Agreement, then click the Cancel button to terminate your application.
Your access to and membership in the space is on the terms and conditions set forth below, and upon the terms set forth on the website (“Invitation”). The terms of the Invitation are deemed incorporated herein and you are hereby bound by them.
By clicking the I Accept button, you acknowledge that your membership, as hereinafter defined, is not a lease. As such, you expressly acknowledge that you have not acquired any real property interest in the Premises, the Premises and/or the Building as those terms are hereinafter described.
This License Share Agreement is made as of the date of acceptance by and between Creative Coast Incorporated (“Licensor”) having offices known as 2222 Bull Street, Savannah, Georgia 31401 (the “Premises”) and you who Accepts the Invitation (“Licensee”). Upon acceptance, Licensee becomes a member of the Premises.
In consideration of the foregoing, the parties agree as follows:
1. Space to be Provided
a. Licensor hereby agrees to provide Licensee with the privilege to use shared workspace within the Premises (“Workspace”) and to shared use of the reception area, kitchen pantry and common areas of the Premises for a term the date selected on the website (“the Commencement Date") and ending when Licensee terminates your use of the Workspace or upon such other termination event as set forth herein (“the Termination Date”) and subject to the conditions and covenants set forth herein.
b. Licensor makes no warranty or representation as to the fitness of purpose or suitability of the Premises for the Licensee's use, or as to the safety thereof, or as to the other occupants of the Premise or Building, it being irrebutably presumed that Licensee has satisfied itself thereof, and that the Licensee shall use the Premises at its sole risk. Licensee has inspected the Premises and the building and accepts the same “as is” and “where is” and agrees that Licensor is under no obligation to perform any work or provide any materials to prepare the Premises or the building for Licensee. Licensee further acknowledges that Licensor shall not maintain any insurance for the benefit of Licensee.
c. Additional Services
Subject to Licensee complying with the terms and conditions set forth herein, Licensor hereby agrees to provide Licensee with the following amenities in connection with the privilege to use the Premises:
* Access to Coffee Lounge
* Access to WiFi Network
* Utilities (not including phone)
a. The Workspace shall be used by Licensee solely for general executive office use in connection with the operation of their business and such other normal incident uses and for no other purpose. Licensee also shall not make nor permit to be made any use of the Premises which
would violate any of the terms of this Agreement or which, directly or indirectly, is forbidden by the lease agreement (“Lease”) between Licensor's affiliate and Bull 2222, LLC. (the “Landlord”) or any applicable statute, ordinance or governmental regulations, which may be dangerous to life, limb or property or which shall in any way impair or tend to impair the quality character, reputation or appearance of the Premises.
b. Licensee acknowledges that the Workspace is located in a shared workspace and that any items of Licensee’s personal property are brought into and maintained in the Premises at Licensee’s sole risk. Licensor is not responsible for lost, stolen, damaged or moved personal property of Licensee.
c. Licensee acknowledges and agrees that the first floor of the building is retail space and customers of this retail space will be shopping. Such shopping shall not be deemed an interference with Licensee’s use of the Premises.
d. Licensee further acknowledges and agrees that the Workspace is occasionally used for hosting events. Licensee agrees that Licensee shall remove all of their personal items at the end of each day that Licensor is hosting an event and store such items in a storage area provided by Licensor.
e. Licensee is not guaranteed the same desk or desk location from day to day and shall be moved at Licensor’s discretion.
3. Services and License Fee
a. The monthly Services and License Fee is set forth in the Invitation.
b. In the event Licensee chooses to purchase a monthly membership as set forth in the Invitation, you, as Licensee, shall pay the License Fee, in advance prior to each license month. If any payment of Services and License Fee or other charges due under this License is not received within ten (10) calendar days after its due date, the Licensee will also pay, in addition to the Services and License Fee, a late payment charge which shall be an amount equal to five (5%) percent of any amount owed to Licensor. Notwithstanding the forgoing and in addition to, Licensor may immediately suspend providing any and all Additional Service set forth in paragraph 1(c) upon Licensee’s failure to tender its Monthly Services and License Fee. All Fees shall be payable by credit card only.
5. Licensee’s Additional Expenses
a. Telecommunications. Licensee shall be responsible for providing its own cellular telecommunications service, Licensor shall provide access to its wi-fi internet access/connections. All charges for the installation and fees associated with providing Licensee’s telecommunications services shall be at Licensee’s sole cost and expense. Licensor shall not be liable for any interruption or error in the performance of Licensee’s telecommunications or internet services to Licensee under this Section, including but not limited to any claim for business interruption and/or for consequential damages.
b. Lost Key. A charge of Fifty Dollars ($50.00) will be assessed to a lost key or key fob.
6. Waiver of Claims
Licensee shall indemnify and hold Licensor harmless from and against any loss, damage or liability of any sort whatsoever resulting from (i) any default in observing the terms and conditions of this License and/or (ii) any willful or negligent act on the part of the Licensee, its agents, employees, or invitees, or persons permitted on the Premises by Licensee. Licensee expressly agrees to waive, and agrees not to make any claim against Licensor for damages, direct, consequential or otherwise, arising out of (i) any failure to furnish any service of Premises, any error or omission with respect thereto, any delay or interruption of same, (ii) injury to or death of persons in or about the Premises, (iii) loss or damage to Licensee’s property in or about the Premises, and (iv) claims arising by reason of the foregoing.
7. Operating Standards
The Operating Standards posted at the Premises are made an integral part of this License. Licensee, its employees, agents, guests, invitees, visitors and/or any other persons caused to be present in and around the Premises by the Licensee shall perform and abide by the rules and regulations and any amendments or additions to said rules and regulations as Licensor or Landlord may make. In Licensor's sole discretion, should it determine that Licensee has failed to observe and/or comply with any of the Operating Standards, Licensee shall be in breach of this License and Licensor shall be entitled to exercise any of Licensor's remedies pursuant to this License or otherwise.
8. Assignment and Sublicensing
No assignment or sublicensing of the Premises, this License or any part thereof, shall be made by Licensee without Licensor's prior written consent, which consent shall not be unreasonably withheld, and the consent of the Landlord.
9. Surrender, Restoration and Holdover
a. On expiration of the term, or sooner termination of this License, Licensee shall, without demand, promptly surrender and deliver the Desk, elevator key and key fob, to Licensor.
b. If Licensee is in default of the terms of this License and/or vacates the Workspace and leaves behind any property whatsoever, said property will be deemed abandoned by Licensee and may be disposed of by Licensor at Licensee's expense.
10. Default and Remedies
a. Licensee shall be deemed to be in default of this License if Licensee shall fail to fulfill any of its terms, conditions, covenants or provisions of this License, including but not limited to:
i. Payment of Monthly Services and License Fee and/or any other charges hereunder within ten (10) days of the date such charges become due;
ii. Failure to fulfill or abide by any of the terms, conditions, covenants or provisions of this License;
iii. Abandons and/or vacates the Premises;
iv. Licensee’s breach and/or non-observance, in Licensor or Landlord’s sole discretion, of any of the Operating Standards.
b. In case of such default is not cured within five (5) days of notice to Licensee, the Licensor may, at its sole discretion, terminate this License. Upon termination for default, Licensee shall quit and surrender the Desk, elevator key and key fob to the Licensor. Should Licensee fail to quit and surrender the Desk, the Licensor may:
i. Take possession (including but not limited to the right to change the locks) of the Desk and remove all persons and property there from; and/or
ii. Immediately cease supplying Licensee with the amenities and Monthly Services described in Paragraph “1c” hereof as well as any other services provided by the Licensor, all without any liability whatsoever to Licensee by Licensor; and/or
iii. Pursue all available remedies and damages available at law and/or equity in a court of appropriate jurisdiction.
Any notice under this License shall be in writing and shall be either delivered by hand or by overnight mail to the party at the address set forth below. Licensor hereby designates its address as:
The Creative Coast
2222 Bull Street
Savannah, GA 31401
Licensee hereby designates its address as set forth in the Invitation.
If such mail is properly addressed and mailed as above, it shall be deemed notice for all purposes, given when sent or delivered, even if returned as undelivered.
12. Landlord's Election Under This License
Upon early termination of the main Lease, this License shall terminate unless the Landlord under the Lease elects to have this License assigned to the Landlord or another entity as provided in the Lease.
13. Execution by Licensee
The party or parties executing this License on behalf of the Licensee warrant(s) and represent(s) that such executing party (or parties) has (or have) complete and full authority to execute this License on behalf of Licensee; and that Licensee shall fully perform its obligations
a. Failure of the Licensor not to insist upon the strict performance of any term or condition of this License or to exercise any right or remedy available for a breach thereof, and no
acceptance of full or partial payment during the continuance of any such breach shall constitute a
waiver of any such breach or any such term or condition.
b. No term or condition of this License required to be performed by Licensee and no
breach thereof shall be waived, altered or modified, except by a written instrument executed by
c. Each term, provision and obligation of this License shall be construed as both a
covenant and condition.
d. This License embodies the entire understandings between the parties relative to its
subject matter, and shall not be modified, changed or altered in any respect except in writing signed by all parties.
e. This License is subject and subordinate to the Lease governing the Premises, under which Licensor (or its affiliate) is bound as tenant; and the provisions of the Lease, other than as to the payment of Monthly Services and License Fee or other monies, are incorporated into this License as if completely herein rewritten. Licensee shall comply with and be bound by all provisions of the Lease (except that the payment of Monthly Services and License Fee shall be governed by the provisions of this License), and Licensee shall indemnify and hold Licensor harmless from and against any claim or liability under the Lease of Licensor arising from Licensee’s breach of the Lease or this License. Licensor covenants and warrants that the use of the Premises as a business office is consistent with and does not violate the terms of the Lease.
f. Licensor covenants and agrees with Licensee that upon Licensee paying all the Monthly Services Fees hereunder and all other charges due under this License and observing and
performing all the terms, covenants and conditions of this License, Licensee may peaceably enjoy the Premises, subject to the terms of this License and the share arrangement contemplated hereby and the terms of the Lease.
g. This License shall be governed by the laws of the State of Georgia. The parties agree that any legal proceeding concerning the enforcement or interpretation of this License shall be exclusively venued in Chatham County.