AF SPACES TERMS & CONDITIONS
The following are the terms and conditions for the Subscribing Brand working with the AF SPACES”) team or it’s platform. By working with AF employees, agents, accessing the AF SPACES website, any affiliated website, any subdomain or any mobile application for such websites, the Brand agrees to the following:
AF SPACES is a service and platform that connects Subscribing Brands, who are looking for short-term retail space, to certain owners (“Landlords”) of retail real estate properties in various locations around the country. AF SPACES and its employees will enable Subscribing Brands to find, inquire, and setup an agreement with one or more spaces listed from one or more Landlords. If a Subscribing Brand and Landlord mutually agree that the terms for a specific space are acceptable, the Subscribing Brand and Landlord will enter into an agreement directly that will be facilitated by AF SPACES. Subsequently AF SPACES will collect payments from the Brand, on behalf of the Landlord and pass those payments along to the landlord, less any applicable service fees.
There are no upfront costs or fees for the Subscribing Brand. Any fees due and payable to AF, will be collected from the Landlord. If Subscribing Brand is approved, accepted by Landlord and enters into an agreement with Landlord, AF will collect the agreed upon payments directly from the Subscribing Brand on behalf of the Landlord subject to the terms and conditions of the AF SPACES payment provider.
The initial term of this Agreement shall be for a period of one (1) year, commencing on the date these Terms & Conditions are agreed to below and shall automatically renew annually unless it is terminated in writing by the Brand with a 60 day notice.
Subscribing Brands must comply with the terms of their agreement(s) with the Landlord(s), including any special terms or requirements that may be specified by the Landlord(s).
Subscribing Brand shall notify AF of any modifications, extensions, terminations, renewals to the agreement with the Landlord no more than three (3) days after any such change has occurred.
Subscribing Brands are responsible for insurance of their own property and for insurance against risks normally borne by occupiers of retail premises or otherwise specified by the Landlord(s). If a Subscribing Brand has any doubt about what insurance is required, they should consult their own insurers or insurance brokers along with the insurance requirement specified in Landlord(s) agreement(s).
Any and all agreements are made exclusively between Landlords and Subscribing Brands. AF SPACES is not a party to any agreement and does not fulfil any obligations derived from the contractual relationship between Landlords and Subscribing Brand. AF SPACES does not make or accept any offers, either in its own capacity or on behalf of either Landlords or Subscribing Brands or any other party. AF SPACES disclaims all liability arising from or related to any agreement entered into between Landlord and Subscribing Brand to the fullest extent permitted by law.
Upon execution of a license agreement between Subscribing Brand and Landlord, AF SPACES shall collect and hold a Platform Deposit which shall be the greater of:
- The amount defined by landlord as a “security deposit” in the license agreement between Subscribing Brand and Landlord.
- One month’s base rent.
The Platform Deposit may be applied to offset any damages, beyond normal wear and tear, to the Licensed Area noted in the agreement between the Subscribing Brand and Landlord, or, at the sole discretion of Landlord, may be applied against any License Fees, Percentage Fees, the failure by the Subscribing Brand to comply with the exchange and refund policy in the Rules and Regulations, or any other delinquent charges that are delinquent. The Platform Deposit shall be maintained by AF SPACES, without interest, during the License Period and any unused portion of the Platform Deposit shall be refunded to Subscribing Brand within thirty (30) days after the expiration of the term as specified in the agreement between Subscribing Brand and Landlord or earlier termination of this Agreement, provided the Subscribing Brand has fully and faithfully carried out all of said terms, covenants and conditions on Subscribing Brand’s part to be performed.
AF SPACES does not at any time provide, or purport to provide, any advice, or advisory services, to Landlords, Tenants or any other party, in particular with respect to the commercial, financial, legal or any other consequences of any agreement. AF SPACES disclaims all liability relating to the provision of advice relating to property. Landlords and Tenants accept that AF SPACE’s role is limited to no more than that of a facilitator.
AF SPACES makes no warranty as to any particular result being achieved or obtained, or being achievable or obtainable, from use of our services and the introduction of any prospective Subscribing Brand to Landlord.
AF SPACES shall not be responsible for damages, losses or liabilities of any kind, including without limitation, direct, indirect or consequential loss, damages or financial disputes arising out of contractual agreements between Landlords and Subscribing Brand.
If the Subscribing Brand has entered into any type of exclusive representation agreement with a real estate broker, agent, commissioned salesperson or other person, any fees or amounts due as a result of entering into an agreement with Landlord will be the sole responsibility of the Subscribing Brand. Otherwise, the Subscribing Brand represents and warrants that no real estate broker, agent, commissioned salesperson or other person has or will represent Subscribing Brand in any manner up to, during and after entering into an agreement with the Landlord. Subscribing Brand agrees to indemnify and hold AF harmless from and against any claim for any such commissions, fees or other form of compensation by any such third party claiming through the Subscribing Brand, including, without limitation, any and all claims, causes of action, damages, costs and expenses, including attorneys’ fees associated therewith.
Subscribing Brand grants AF SPACES, its agents and employees the irrevocable and unrestricted right to use to use the names, designs, illustrations, photos logos and trademarks of Subscribing Brand for purposes of advertising, illustration, promotion, marketing or publication in any manner.
AF SPACES may, at any time, and at our sole discretion, modify these Terms and Conditions contained herein, with or without notice to the Subscribing Brand. Any such modification will be effective immediately upon posting and Subscribing Brand’s continued use of AF SPACES following any such modification constitutes your acceptance of these modified Terms.
The Subscribing Brand hereby agrees that AF SPACES may introduce (whether by written, oral, data, or other form of communication) to the Subscribing Brand to one or more real estate properties and spaces, including, without limitation, existing or potential properties and spaces, landlords, real estate owners and similar entities (an “Opportunity” or “Opportunities”). The Subscribing Brand further acknowledges and agrees that the identity of the subject Opportunities, and all other information concerning an Opportunity (including without limitation, all mailing information, phone and fax numbers, email addresses and other contact information) introduced hereunder are the property of AF SPACES, and shall be treated as confidential information by the Subscribing Brand, it affiliates, officers, directors, shareholders, employees, agents, representatives, successors and assigns. The Subscribing Brand shall not use such information, except in the context of any arrangement with AF SPACES in which AF SPACES is directly and actively involved, and never without AF SPACES prior written approval. The Subscribing Brand further agrees that neither it nor its employees, affiliates or assigns, shall enter into, or otherwise arrange (either for it/him/herself, or any other person or entity) any business relationship, license agreement or contact any person regarding such Opportunity, either directly or indirectly, or any of its affiliates, or accept any compensation or advantage in relation to such Opportunity except as directly though AF SPACES, without the prior written approval of AF SPACES. AF SPACES is relying on the Subscribing Brand’s assent to these terms and their intent to be bound by the terms by evidence of their signature. Without the Brand’s signed assent to these terms, AF SPACES would not introduce any Opportunity or disclose any confidential information to the Subscribing Brand as herein described.