STAK Space Event Venue Rental Agreement

This Agreement, including the Terms and Conditions will be effective when signed by both parties.

By signing this Agreement, you represent to STAK Space that you have the proper authority to execute this Agreement and incur the obligations contained herein on behalf of the company listed above.

Definitions

“Agreement Date” means the date on which Host and STAK Space sign this Event Space Rental Agreement.

“Authorized Signatory” means an individual authorized to legally bind Host.

“Common Area” means all portions of the Premises designated by STAK Space for shared use by event attendees, residents, and STAK members, including, but not limited to, hallways, restrooms, kitchens, lounges, event spaces, reception areas, meeting rooms, and any outdoor spaces. The availability, condition, and configuration of Common Areas may be modified, relocated, or restricted by STAK Space at its sole discretion, subject to reasonable notice.

“Event Space” means the specific area(s) designated for the event as specified in the Event Details Form.

“Fees” means the Total Rental Fee, and any additional charges as specified in this Agreement.

“Host” “Organization” or “You” means the individual or company renting the Event Space.

“Premises” means the building or portion of a building in which the Event Space is located.

“STAK Space” means STAK Space LLC, a Delaware limited liability company, and our affiliates, parents, and successors and each of our and their employees, assignees, officers, agents and directors.

“Team Member” means each person authorized by the Primary Member or Company Member as being allowed to use the Member’s space and receive the Services (as defined below) or other benefits of the STAK Space Membership.

Terms and Conditions

1. Terms of Agreement

This Agreement is for temporary use of event space only and creates no tenancy interest, leasehold estate, or other real property interest. The parties’ relationship is not that of landlord-tenant or lessor-lessee.

2. Event Space Usage

a) The Event Space is provided “as-is” for the designated date and hours only. b) Setup and cleanup time must be included within rental hours. c) Maximum capacity must not be exceeded. d) Food, beverage, and staffing services are not included. e) Host receives non-exclusive access to designated bathrooms and entry/exit paths.

3. Payment Terms a) Payment due 60 days prior to event date c) Late payments incur 5% fee d) Cancellation fees:

• More than 60 days’ notice: Full refund minus $250 administrative fee
• 59 days’-30 days’ notice: 50% of Total Rental Fee forfeited
• Less than 29 days’ notice: 100% of Total Rental Fee forfeited

All cancellations must be submitted in writing and received by the STAK Team. Refund amounts are calculated based on the Total Rental Fee.

4. Removal of Property Upon Event End Time. Prior to the termination or expiration of the Event, you will remove all your staff’s, vendors’, and your or their guests’ property from the Space and Premises. After providing you with reasonable notice, we will be entitled to dispose of any property remaining in or on the Space or Premises after the termination or expiration of the Event and will not have any obligation to store such property, and you waive any claims or demands regarding such property or our handling of such property. You will be responsible for paying any fees reasonably incurred by us regarding such removal.  

5. Overtime Fee. The Host shall be granted a thirty (30) minute grace period beyond the contracted end time to vacate the premises. Any time extending beyond this grace period will incur an overtime fee at one and one-half (1.5) times the contracted hourly rate. The Venue, at its sole discretion, reserves the right to deny extension requests based on availability and staffing constraints.

6. Alcohol Service and Liability.

1. The Host shall ensure compliance with all age verification requirements, including: a) No service of alcoholic beverages to persons under twenty-one (21) years of age b) Mandatory ID verification for all guests appearing under thirty (30) years of age
2. The Host shall maintain responsible service standards by: a) Employing only certified bartenders/servers b) Refusing service to visibly intoxicated persons c) Providing non-alcoholic beverages and food throughout alcohol service periods
3. Security personnel is required during periods when alcohol is served and shall be hired by STAK Space.

7. Certificate of Insurance. The Host shall collect and submit to the Venue Certificates of Insurance from all vendors utilizing the Space no later than three (3) business days prior to the Event date. Failure to submit the required Certificates of Insurance by the deadline may result in denial of access to the Space for the affected vendors.

8. Furniture Rearranging. No furniture, fixtures, or equipment shall be moved or rearranged without prior written consent from the STAK Space. If approved, all furniture movement must be performed exclusively by STAK Space team members. Any unauthorized movement of furniture may result in additional fees. The Host shall be liable for any damage resulting from unauthorized furniture movement. If the Host would like to bring in external furniture, this must be approved by STAK Space no later than three (3) business days prior to the Event date.

9. Prohibition of Smoking: The Host acknowledges and agrees that the Venue maintains a strict no-smoking policy throughout all areas of the premises, including but not limited to indoor spaces, outdoor patios, entryways, parking areas, and any other property owned or operated by the Venue.

Additional Agreements

1. Event Guidelines. During the Event, Host agrees to accept the terms, conditions, and policies provided by STAK Space relating to the use of the Space, including building security procedures, IT access and use procedures, maximum occupancy limitations, any relevant state or municipal laws and regulations and other terms or procedures provided by STAK Space (“Event Guidelines“), as they may be amended from time to time without advance notice to Host, in Schedule 2.
2. Data Privacy. STAK Space collects, processes, transfers and secures personal data about attendees and your organization in accordance with all applicable data protection laws. Organizer hereby confirms that (i) Hosting company has and relies upon an adequate legal basis, including without limitation consent where required, to collect, process, and transfer a Member’s personal data to the STAK App, and (ii) Hosting Company collects and processes such attendees’ personal data in accordance with applicable law.
3. Waiver of Claims. To the extent permitted by law, you, on your own behalf and on behalf of your guests, employees, agents, guests and invitees, waive any and all claims and rights against STAK Space and our landlords at the Premises and our affiliates, parents, and successors and each of our and their employees, assignees, officers, agents and directors (collectively, the “STAK Parties”) resulting from injury or damage to, or destruction, theft, or loss of, any property, person or pet.
4. Limitation of Liability. The aggregate monetary liability of any of the STAK Parties to you or your employees, agents, guests or invitees for any reason and for all causes of action, will not exceed the total event fee paid by you to us under this Agreement to the claim arising. None of the STAK Parties will be liable under any cause of action, FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING FOR ANY LOST PROFITS, LOST DATA, PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, ARISING FROM ATTENDEE’S USE OF THE SPACE, ANY CONTENT OR OTHER MATERIALS ON, ACCESSED THROUGH OR DOWNLOADED FROM THE STAK APP, OR ATTENDEE’S USE OF THE SPACE, including without limitation any common areas or shared facilities, EVEN IF STAK SPACE OR LANDLORD, IF APPLICABLE, IS AWARE OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. You acknowledge and agree that you may not commence any action or proceeding against any of the STAK Parties, whether, in contract, tort, or otherwise, unless the action, suit, or proceeding is commenced within one (1) year of the cause of action’s accrual.
5. DISCLAIMER. EXCEPT AS PROVIDED HEREIN AND IN ANY COMMUNITY STANDARDS, STAK SPACE IS PROVIDING ITS SPACE TO MEMBER “AS IS,” AND STAK SPACE DISCLAIMS ANY AND ALL OTHER REPRESENTATIONS AND WARRANTIES WITH RESPECT TO THE SPACE, WHETHER EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. STAK SPACE CANNOT AND DOES NOT GUARANTEE AND DOES NOT PROMISE TO ORGANIZING COMPANY, ANY SPECIFIC RESULTS FROM USE OF THE SPACE. STAK SPACE DOES NOT REPRESENT OR WARRANT THAT THE SPACE WILL MEET YOUR REQUIREMENTS; THAT THE SPACE MEETS APPLICABLE LEGAL STANDARDS OR IS SAFE AND SUITABLE FOR YOUR INTENDED USE.
6.  Indemnification. You will indemnify the STAK Parties from and against any and all claims, liabilities, and expenses including reasonable attorneys’ fees, resulting from any breach of this Agreement by you or your attendees or their guests, invitees, or pets or any of your or their actions or omissions or arising out of or in connection with the use of the Space, Common Areas, Shared Facilities or Premises by you and your attendees or your or their guests, invitees, or pets. You are responsible for the actions of and all damages caused by all persons and pets that you, your attendees or their guests invite to enter any of the Premises. You shall not make any settlement that requires a materially adverse act or admission by us or imposes any obligation upon any of the STAK Parties without our written consent. None of the STAK Parties shall be liable for any settlement made without its prior written consent.
7. Damage and Insurance. You are responsible for any damage caused to the Venue or any STAK Space property (“Venue Property”) by you, your vendors, guests, or any other event participants beyond normal wear and tear. STAK Space has the right to inspect the condition of the Venue before, during, and after the event and make any necessary repairs. You are responsible for maintaining, at your own expense and at all times during the Event Period and for a period of two (2) years after, personal property insurance and commercial general liability insurance covering you and your event participants for property loss and damage, injury to your attendees and vendors, and prevention of or denial of use of or access to, all or part of the Venue, in form and amount appropriate to your event size and type. You will ensure that STAK Space and the landlord of the applicable Venue shall each be named as additional insureds on any such policies of insurance and that you waive any rights of subrogation you may have against STAK Space and the landlord of the applicable Venue. You shall provide proof of insurance upon our request.
8. Pets. Pets are not permitted during events unless prior written consent is obtained by the STAK Space team.
9. Conduct. You acknowledge that STAK Space is and will continue to be an equal opportunity venue provider and that STAK Space prohibits any form of discrimination in its operations, against any of its employees, vendors, clients (including you), or guests, including, on the basis of race, color, creed, religion, age, gender, marital status, sexual orientation, national origin, or disability, or other characteristics protected by law. In recognition of this policy, you and your event staff, vendors, contractors, entertainers, guests, or other event participants shall be prohibited from participating in any type of harassing or abusive behavior to employees of STAK Space or its affiliates, other venue clients or attendees, verbal or physical in the Venue for any reason. You further agree, upon the request of STAK Space, to cooperate with STAK Space in its efforts to enforce and maintain its equal opportunity, non-discrimination and anti-harassment policies. STAK Space may immediately terminate this Event Agreement without cost or penalty and retain all fees paid if you or any of your event participants engage in any behavior that STAK Space deems is contrary to such policies.
10. Video Surveillance. For security reasons, we may, but has no obligation to, regularly record certain areas in the Premises via video.

Arbitration and Class Action Waiver

1. Governing Law. This Agreement and the transactions contemplated hereby shall be governed by and construed under the law of the State of California, U.S.A. and the United States without regard to conflicts of laws provisions thereof and without regard to the United Nations Convention on Contracts for the International Sale of Goods or California’s or any other implementation of the Uniform Computer Information Transactions Act.
2. Venue. Except that either party may seek equitable or similar relief from any court of competent jurisdiction, any dispute, controversy or claim arising out of or in relation to this Agreement, or at law, or the breach, termination or invalidity of this Agreement, that cannot be settled amicably by agreement of the parties to this Agreement shall be finally settled in accordance with the arbitration rules of JAMS then in force, by one or more arbitrators appointed in accordance with said rules. The place of arbitration shall be Oakland California, U.S.A.
3.  Proceedings; Judgment. The proceedings shall be confidential and in English. The award rendered shall be final and binding on both parties. Judgment on the award may be entered in any court of competent jurisdiction. In any action, suit or proceeding to enforce rights under this Agreement, the prevailing party shall be entitled to recover, in addition to any other relief awarded, the prevailing party’s reasonable attorneys’ fees and other fees, costs and expenses of every kind in connection with the action, suit or proceeding, any appeal or petition for review, the collection of any award or the enforcement of any order, as determined by the arbitrator(s) or court, as applicable. This Agreement shall be interpreted and construed in the English language, which is the language of the official text of this Agreement.
4.  Class Action Waiver. Any proceeding to resolve or litigate any dispute in any forum will be conducted solely on an individual basis. Neither you nor we will seek to have any dispute heard as a class action or in any proceeding in which either party acts or proposes to act in a representative capacity. No proceeding will be combined with another without the prior written consent of all parties to all affected proceedings. You and we also agree not to participate in claims brought in a private attorney general or representative capacity, or any consolidated claims involving another person’s account, if we are a party to the proceeding. YOU ARE GIVING UP YOUR RIGHT TO PARTICIPATE AS A CLASS REPRESENTATIVE OR CLASS MEMBER ON ANY CLASS CLAIM YOU MAY HAVE AGAINST US INCLUDING ANY RIGHT TO CLASS ARBITRATION OR ANY CONSOLIDATION OF INDIVIDUAL ARBITRATIONS.

Miscellaneous

1. Nature of the Agreement; Relationship of the Parties. Your agreement with us is the commercial equivalent of an agreement for accommodation in a venue. The whole of the Space remains our property and in our possession and control. We are giving you the right to use the Space so that we can provide the Event Space to you. Notwithstanding anything in this Agreement to the contrary, you and we agree that our relationship is not that of landlord-tenant or lessor-lessee and this Agreement in no way shall be construed as to grant you or any guest any title, easement, lien, possession or related rights in our business, the Premises, the Space or anything contained in or on the Premises or Space. This Agreement creates no tenancy interest, leasehold estate, or other real property interest. The parties hereto shall each be independent contractors in the performance of their obligations under this Agreement, and this Agreement shall not be deemed to create a fiduciary or agency relationship, or partnership or joint venture, for any purpose. Neither party will in any way misrepresent our relationship.
2. Confidentiality. Both STAK Space and Client agree that during the Term and thereafter, the recipient of any non-public information of the other party that is designated as confidential or proprietary, that the receiving party knew or reasonably should have known was confidential or proprietary, or that derives independent value from not being generally known to the public (“Confidential Information”), will not at any time be disclosed to any person by such recipient or used for such recipient’s own benefit or the benefit of anyone else without the prior express written consent of a corporate officer of the party that owns such Confidential Information. The parties agree that if there is a breach of this obligation by either party, the other shall have the right to request any remedy in law and/or equity including, but not limited to, appropriate injunctive relief or specific performance, as may be granted by a court of competent jurisdiction. Notwithstanding the foregoing, Client accepts all risk to its intellectual property interests used in the Venue, STAK Space shall not have any liability arising from your disclosure (whether intentional or not) of any of your Confidential Information to any third parties present in or around the Venue, Event Areas, or the Shared Facilities.
3.  Waiver. Neither party shall be deemed by any act or omission to have waived any of its rights or remedies hereunder unless such waiver is in writing and signed by the waiving party.
4. Subordination. This Agreement is subordinate to any underlying lease, mortgage, deed of trust, ground lease or other lien now or subsequently arising upon the Venue or the Property and to renewals, modifications, refinancings, and extensions thereof including STAK Space’s lease with the Venue’s landlord, where applicable, and to any other agreements to which STAK Space’s lease is subordinate. However, the foregoing does not imply any sublease or other similar relationship involving an interest in real property, but rather represents a limited license to use the Venue for the specified event date(s) and time(s).
5. Extraordinary Events. STAK Space will not be liable for, and will not be considered in default or breach of this Agreement on account of, any delay or failure to perform as required by this Agreement as a result of any causes or conditions that are beyond the Venue’s reasonable control, including without limitation (i) any delays or changes in renovation or repairs of, or the Venue’s ability to maintain access to, any Event Spaces, and (ii) any delays or failure to perform caused by conditions under the control of our property owner or local authorities at the applicable Event Space.
6. Severable Provisions. Each provision of this Agreement shall be considered separable. To the extent that any provision of this Agreement is prohibited, this Agreement shall be considered amended to the smallest degree possible in order to make the Agreement effective under applicable law.
7. Headings; Interpretation. The headings in this Agreement are for convenience only and are not to be used to interpret or construe any provision of the Agreement. Any use of “including,” “for example” or “such as” in this Agreement shall be read as being followed by “without limitation” where appropriate.
8. No Assignment. Except in connection with a merger, acquisition, corporate reorganization, or sale of all or substantially all of the shares or assets of you or your parent corporation, you may not transfer or otherwise assign any of your rights or obligations under this Agreement (including by operation of law) without our prior consent. We may assign this Agreement without your consent.
9. OFAC. You hereby represent and warrant that (i) neither you nor any of your Event Attendees are or will be, at any time during the Term, an entity or individual listed on the Specially Designated Nationals and Blocked Persons List published by the U.S. Department of Treasury, as updated from time to time and neither you nor any of your Event Attendees will, at any time during the Term, engage in any activity under this Agreement, including the use of Services provided by STAK Space in connection with this Agreement, that violates applicable U.S. economic sanctions laws or causes STAK Space to be in violation of such U.S. economic sanctions laws.
10. Anti-Money Laundering. You hereby represent and warrant that at all times you and your Event Attendees have conducted and will conduct your operations in accordance with all laws that prohibit commercial or public bribery and money laundering (the “Anti-Money Laundering Laws”), and that all funds which you will use to comply with your payments obligations under this Agreement, including but not limited to venue rental fees, deposits, and additional services, will be derived from legal sources, pursuant to the provisions of Anti-Money Laundering Laws. You will provide us with all information and documents that we from time to time may request in order to comply with all Anti-Money Laundering Laws.
11. Anti-Corruption Laws. Neither you nor any of your guests, directors, officers, employees, agents, subcontractors, representatives or anyone acting on your behalf, (i) has, directly or indirectly, offered, paid, given, promised, or authorized the payment of any money, gift or anything of value to: (A) any Event Venue Staff, Government Official or any commercial party, (B) any person while knowing or having reason to know that all or a portion of such money, gift or thing of value will be offered, paid or given, directly or indirectly, to any Event Venue Staff, Government Official or any commercial party, or (C) any employee or representative of [Venue Name] for the purpose of (1) influencing venue booking decisions, permitting, or licensing processes, (2) inducing any party to do or omit to do any act in violation of their lawful duties, (3) securing an improper advantage in venue scheduling, pricing, or services, or (4) securing the execution of this Agreement, (ii) will authorize or make any payments or gifts or any offers or promises of payments or gifts of any kind, directly or indirectly, in connection with this Agreement, the Event Services or the Venue Space. For purposes of this section, “Event Venue Staff” means any manager, coordinator, technician, or employee of the venue, and “Government Official” means any officer, employee or person acting in an official capacity for any government agency or instrumentality, including event permitting authorities, health inspectors, fire marshals, and public safety officials, as well as a political party or official thereof or candidate for political office.
12. Compliance with Laws. You hereby represent and warrant that at all times you and your organization have conducted and will conduct your operations ethically and in accordance with all applicable laws.
13. Cancellation Rights: Venue reserves the right to cancel Client’s reservation of a partial floor booking if another party wishes to book the entire floor. Venue must provide 21 days written notice. Venue will offer comparable alternative space at no additional cost, or adjust fees proportionally for smaller spaces. Client receives priority rebooking for another date within 3 months at same rate.
14. Entire Agreement. This Agreement, Schedules and Exhibits, constitutes the entire agreement between the parties relating to the subject matter hereof and shall not be changed in any manner except by a writing executed by both parties or as otherwise permitted herein. All prior agreements and understandings between the parties regarding the matters described herein have merged into this Agreement.