There Terms of Service govern usage by artists at Code and Canvas, located at 151 Potrero Avenue, San Francisco CA 94103.

Section 1: “Licensee’s Obligations” - For the person(s) paying to use the space (“Licensee”):

1. The basics: What exactly you’re getting, how long you’re getting it for, and how much money it will cost you:   

A: What you are licensing: You are licensing “Space” in a shared building (the “Premises,”) located at 151 Potrero Avenue, San Francisco, CA 94103. See Annex A for specific location and orientation of your Space. As part of your usage, you’re also getting access to the Premises: common areas, facilities and other shared resources within the warehouse. More details about the Premises (how much access you get, procedures for requesting shared resources) are covered in Annex B. It should go without saying, but you do not get to use “Space” that is licensed by someone else, and your use of common areas is not unconditional - it is subject to schedules, rules, hours of operation, prior reservations any applicable fees (e.g.: for large events) and any other applicable factors.

B: How long is the license term? You’re agreeing to License Space for a 6 month “Term” starting on  [your separately negotiated start date] and ending 6 months later. If you fail to keep this commitment through the end of the Term, early termination procedures will apply (see Section 1 Paragraph 1.D. regarding early termination procedures). At the end of the first term, subject to Licensor approval, this agreement will automatically renew to another 6 month term, unless you notify the Licensor in writing, no fewer than 30 days in advance of the end of term, that you do not wish to renew.

C: How much does it cost to License the Space? You will pay to the Licensor (as “License Fee” for the Space) monthly payments of ${separately specified and agreed amount], due on the 1st day of each month of the contract Term. The first month’s License Fee is due at the start of this agreement. If the licensor elects to increase the license fee, licensor may do so by notifying you no fewer than 45 days prior to the end of the 6 month term, thereby giving you at least 15 days to decide whether or not to elect automatic term renewal at the increased fee amount (or if you decide to not to accept the increased fee and to let the license expire, to give no fewer than 30 days notice that you do not wish to renew (see Section 1 Para B above regarding 30 day written advance notice not to renew).

D: Early termination: You’re signing a 6 month license which means that you’re expected to stay and meet your obligations under this agreement for those 6 months. Breaking this commitment will put additional burden and cost on the Licensor and indirectly, other Licensees, and therefore you should not sign this agreement if you don’t intend to meet your obligations. If you have a serious, unforeseen complication that prevents you from keeping this 6 month commitment, you must give notice in writing, 30 days ahead of your requested early termination date, and will forfeit any remainder of the current month and your security deposit unless the space is successfully filled by the first day of the following month, in which case you may qualify for a return of your security deposit. Although the Licensor will make reasonable efforts to license the space quickly to someone else, s/he is under no legal obligation to meet a specific time constraint.

2. Security Deposit. You will pay an amount equal to one month’s License Fee as “Security Deposit” which you can get back at the end of the term, if you meet all your Licensee responsibilities, to include returning the Space in clean and serviceable condition, free of furniture or any supplies or debris.

3. Additional important details about the License Fee.

“License Fee” is defined as all monetary obligations as a Licensee to the Licensor under the terms of this Sublease (other than the Security Deposit, which is separate).

Fees are due on the first business day of the month, paid in $US Dollars, by check made out to “Resonant Works, LLC.” The check may also be dropped off in person to Office H in the 1st floor mezzanine. Or, you can mail the check to the following address:

Resonant Works, LLC
ATTN: AR
151 Potrero Ave, San Francisco CA 94103

TAX EIN (for accounting purposes, if you are declaring this license as a bona fide business expense): 46-4460022

If mailed, the date of the postmark will constitute the date of payment (not the date written on the check).

If you prefer to pay by direct deposit or other method (e.g.: credit card), you may request special consideration via email at admin@codeandcanvas.org. There may be a small transaction fee associated with alternate payment methods.

Late payment penalty: Licensees must pay a 5% penalty (off the total fee) per each day late, up to a maximum of 10 days (penalty of 50% of total monthly fee), starting the day following the due date. If you fail to pay the fee within 10 days of the due date you automatically forfeit your studio and security deposit. You will receive a termination letter and be required to move out within 4 business days of the termination date.

Moving out: Tenants must be completely moved out by the last day of the last month of the lease term. The space must be left clean, with no debris on the floor and storage areas, with all personal belongings removed - including furniture. You can request and schedule a move-out inspection by the Licensor or assignee, 2 business days in advance. Upon passing the inspection and returning key(s) and keycard(s) your security deposit will be returned via check within 14 business days.

4. Use of the “Space.”

(a) What you can use the Space for: The Premises shall be used and occupied only for artist studio workspace and related activities and for no other purpose(s).

(b) What you can’t use the Space for: Anything else (not covered on paragraph 4(a) above). Examples of things you’re not allowed to use the Space or Premises for include (but are by no stretch of the imagination limited to): general storage, heavy manufacturing, retail sales, living or sleeping, anything that endangers others in the Premises, etc.).

(c) Acceptance of Premises: You acknowledge that (i) you’ve been advised to understand and agree to the condition of the Premises (including but not limited to the electrical, HVAC and fire sprinkler systems, security, environmental aspects, and compliance with all applicable requirements) and their suitability for your intended use; (ii) You have performed all research you deem necessary and assume all responsibility regarding your occupancy of the Premises; and also acknowledge that (iii) neither Licensor, any representative on behalf of the Licensor, nor any broker has said or written any additional representations or warranties about these matters other than as written in this Sublease.

(d) Compliance: You are responsible for determining whether or not the zoning is appropriate for your intended use, and acknowledge that past uses of the Premises may no longer be allowed.

(e) Liability: Licensee shall hold Licensor free and harmless from all liability, judgments, costs, damages, claims or demands, including reasonable attorneys’ fees, arising out of Licensee’s failure to comply with or perform Licensee’s Obligations.

 

Section 2:  “Licensor Obligations” For the person(s) and/or organization Licensing the Space to the Licensee(s):

1. Use of the space.

(a) Compliance.  You guarantee that any changes you make to the Premises comply with all applicable building codes, regulations and ordinances in effect on the commencement date of the contract. NOTE: If any codes or rules about the Premises change after this contract starts, the Master Lease covers details about who is responsible for what.

2. Master Lease.

(c) Licensor agrees to maintain the Lease during the entire term of this License Term, subject however, to any earlier termination of the Lease without the fault of the Licensor, and to comply with or perform Licensor’s obligations and to hold Licensee free and harmless from all liability, judgments, costs, damages, claims or demands arising out of Licensor’s failure to comply with or perform Licensor’s obligations.

 

Section 3:  “Mutual Obligations” and Understandings

Modifications: No changes or modifications shall be made to this License Agreement without the consent of Licensor and will be accompanied by notification to Licensee via email or mail, 30 days prior to enforcement