Terms and conditions
General Terms and Conditions
Private Monthly Renters 1. Term. Said space is to be occupied and used for the purposes specified herein and subject to the conditions set forth. 2. Rent. For monthly space rental, Member shall pay Owner rent every month, payable in advance upon the first day of each and every calendar month at the Owner's Address. If the aforementioned beginning date is other than on the first day of the calendar month, then the rental shall be prorated for the first month from such beginning date. RENTAL PAYMENTS RECEIVED AFTER THE CLOSE OF BUSINESS (5:00 PM) ON THE FIFTH (5th) DAY OF THE MONTH ARE SUBJECT TO A LATE FEE OF 15% OF THE MONTHLY RENTAL RATE. This late charge shall be due and payable immediately without demand from Owner. If any check is dishonored for any reason, said late charge shall be due in addition to a RETURN CHECK CHARGE of $50. If any monthly installment is not paid by the FIFTEENTH of the month due, or if any check given in payment is dishonored, Member shall be deemed to be in default. If the Member is in default hereunder, Member agrees that Owner may restrict access to the aforementioned space, and Member agrees to pay the overdue rent, plus the aforementioned late payment charges before access to rented space shall be allowed. Member agrees and understands that partial payment made to cure a default for nonpayment of rent will not delay or stop the sale of Member's property. Partial payments do not waive or avoid the legal effect of prior notices given to Member. Only full payment on Member’s account prior to the published auction date will stop the scheduled sale of property. Any payments made to stop the foreclosure and sale of the Member’s property must be paid in cash, certified funds or money order. Personal checks will not be accepted. If Member’s property is processed for sale at public auction, Member shall be responsible for a minimum PUBLIC AUCTION PROCESSING FEE of $75.00. Other fees charged to Member may be contained in Addendums to this Agreement. All service charges, administrative fees, default notice charges, late charges, court costs and attorneys’ fees together with all other fees and charges set forth in this Agreement incurred by Owner in connection with the enforcement of the Agreement shall be deemed “additional rent” payable by Member to Owner as provided in the Agreement and all such items of “additional rent” shall also be subject to the imposition of applicable sales tax as set forth in the Agreement. PLEASE PAY BY THE 5th TO AVOID INCURRING A LATE CHARGE.
Denial of Access. If rent is not paid within fifteen (15) days of the monthly due date, Owner may, without notice, deny the Member access to the space and any property located in the space. Access will be denied to any party other than the Member who does not retain key to lock on rented space or has not supplied Owner with written authorization from the Member to enter such space. Otherwise, only a court order will be sufficient to permit access by others. Member’s access to the space may also be conditioned in any manner deemed reasonably necessary by Owner to maintain order on the Premises. Such measures may include, but are not limited to, restricting hours of operation and requiring verification of Member’s identity. Additionally, if Member is renting more than one space at any given time, default on one rented space shall constitute default on all rented space, entitling Owner to deny access to Member to all rented space.
Insurance. THE OWNER DOES NOT PROVIDE ANY TYPE OF INSURANCE WHICH WOULD PROTECT THE MEMBER'S PERSONAL PROPERTY FROM LOSS BY FIRE, THEFT, OR ANY OTHER TYPE OF CASUALTY LOSS. IT IS THE MEMBER'S RESPONSIBILITY TO OBTAIN SUCH INSURANCE. Member at the Member's expense shall secure his own insurance to protect himself and his property against all perils of whatever nature. Insurance on Member's property is a material condition of this agreement. Member's failure to carry insurance is a breach of this Agreement and Member assumes all risk of loss, damage or theft to stored property that would be covered by such insurance. Member acknowledges that insurance is available from independent insurance companies for damage to Member’s property and for liability imposed on Member in this Agreement. The Member agrees not to subrogate any claim against the Owner in the event of loss or damage of any kind or from any cause. Member is required to maintain insurance on all property in the rented space, in an amount at least equal to the value of such property.
Use and Occupancy and Compliance with Law. The space named herein is to be used by the Member solely for the purpose of playing music, recording music, recording a podcast, any other artistic endeavor or storing personal property belonging to the Member. The following are prohibited activities that may not happen inside the space, in conjunction with our services or on the property. To include, but not limited to: Smoking, drug use, and being in an intoxicated or inebriated state. The Member agrees not to store any explosives or any highly flammable goods or any other goods in the space which would cause danger to the space. The Member agrees that the property will not be used for any unlawful purposes and the Member agrees not to commit waste, nor alter, nor affix signs on the space, and to keep the space in good condition during the term of this agreement. The space may be used and occupied for the storage of personal property in compliance with all applicable Federal, State and local laws, rules, ordinances and regulations and for no other purpose not outlined herein without the prior written consent of Owner. No animals or perishable or hazardous material (as defined from time to time by local, state or federal law or regulation), shall be placed in the space by Member without Owner's prior written consent. Member shall not keep anything within the space or use the space for any purpose that increases insurance premium cost or invalidates any insurance policy carried on the space, or for the storage of any property which shall be in violation of any order or requirement imposed by any government or governmental agency, or in violation of any legal requirement; or so any act or cause to be done any act that creates a nuisance in or upon or connected with the space. Member shall not use the space for residential purposes and shall have access to the space and common areas only during such hours and days as Owner permits.
No Bailment Intended. Any property stored or maintained within the space by Member shall be at Member's sole risk of damage or loss. Member acknowledges that no bailment or deposit of goods for safekeeping is intended or created by this Agreement. Owner exercises neither care, custody, nor control over Member’s stored property. The Member acknowledges that the Owner does not furnish any security for the space rented nor does the Owner make any claim or representations concerning the security of the facility or the space rented. The Owner shall not be responsible for the theft or mysterious disappearance of the Member's property or for damage caused thereto by fire, water, freezing, heat, extreme changes in temperature, humidity, dampness, leakage, rodents, insects, mold, mildew, lightning, windstorm, hail, snow, flood, explosion, riots or civil disturbances, collapse of building, actions of other Members, loss or failure of electricity or from any cause whatever. It is agreed by the Member that this provision is a bargained for condition of the Agreement that was used in determining the amount of Monthly Rent to be charged and without which the Owner would not have entered into this Agreement.
Conditions and Alterations of space. Member acknowledges that he/she has examined the space and hereby accepts them as being in good order, condition, and repair. Member shall maintain and return the space in the same good condition, as they were upon the beginning date of this Agreement. Member agrees immediately to notify Owner of any defects or dangerous conditions. Member agrees to pay Owner promptly for any repairs made by Owner to the space caused by the negligence or misuse of Member, or of Member's agents, invitees, licensees, and guests. Owner has the right to declare any such costs to repair as “rent” and non-payment of said costs to entitle Owner to deny Member access to the space.
Limitation of Value. Because the value of any property stored may be difficult or impossible to ascertain, Member agrees that the aggregate value of all personal property stored does not exceed, nor will be deemed to exceed, $50,000. Member may store property worth substantially less than $50,000 and nothing contained in this Agreement shall be evidence or admission that the aggregate value of the property stored is, or is expected to be, at or near $50,000. It is specifically understood and agreed that Owner need not be concerned with the kind, quantity, or value of property stored by Member pursuant to this agreement. Member acknowledges that the space are not suitable for the storage of heirlooms or other precious or irreplaceable property such as objects for which no immediate market exists and objects that are claimed to have special or emotional value to Member. Member waives any claim for sentimental attachment or for Member's emotional attachment to the property that is placed in the space.
Right to Enter, Inspect, and Repair space. Member shall grant Owner, Owner's agents or the representatives of any governmental authority, including police and fire officials, access to the space at all reasonable times without prior notice to Member. Owner, Owner's agents or the representatives of any governmental authority shall have the right to immediately remove any lock and enter the space for the purpose of examining the space or the contents thereof, or for the purpose of making repairs or alterations and taking such other action as may be necessary or appropriate to preserve the space, or to comply with applicable law or enforce any of Owner's rights. Member further authorizes Owner to release any information regarding tenancy as may be required by law or requested by any governmental authority agency.
Rules and Regulations. Any rules and regulations posted in a conspicuous place on Owner's property or otherwise made known to the Member, including any additional rules and regulations promulgated by Owner concerning this tenancy and made known to Member by conspicuous posting or otherwise, are made a part of this Agreement, and Member shall comply at all times with such rules and regulations.
Renewal-Termination. Provided Member is not in default hereunder, this Rental Agreement automatically shall be renewed from month to month, for monthly space rentals, upon the same terms and conditions, unless either party shall give to the other written notice of cancellation, at least ten (10) days before the end of the month. Written notice of termination from Member must be given to Owner at the Owner's Address, which address may be changed by written notice from time to time, and notice of termination shall be effective upon receipt by Owner or Owner's authorization agent. Rent shall be payable by Member to Owner during such notice prior and through the end of the particular month. Owner may terminate this Agreement immediately due to Member’s Breach of the Peace or other violations of this Agreement. Upon termination of this Agreement, the Member shall remove all personal property from the space (unless such property is subject to the Owners’ lien rights as referenced herein), and shall deliver possession of the space to the Owner on the day of termination. If the Member fails to fully remove their property from the space within the time required, the Owner, at its option, may without further notice or demand, either directly or through legal process, reenter the Member's space and remove all property therefrom without being deemed guilty in any manner of trespassing or conversion. All items, including boxes and trash left in the space or on the Property after vacating will be deemed to be of no value to the Member and will be discarded by the Owner at the expense of the Member.
Owner’s Lien and Security Interest. Upon default by Member, in addition to any statutory Owner's lien, but not in lieu thereof, Owner at all times shall have a valid, contractual lien for all rentals and other sums of money becoming due hereunder from Member, upon all property located in the space. Member hereby grants to Owner a security interest in all property stored by Member in the space, for the purposes of this paragraph. Furthermore, in addition to the rights and remedies granted to Owner hereunder, Owner may enforce all rights granted to it by the laws of the State without having made an election of remedies.
Assignment or Subletting. Member shall not sublet or assign all or any portion of the space without the prior written consent of Owner. This includes sharing the space with another band or group. Any such attempt to sublet or assign shall be void and shall constitute a default on the part of the Member.
Abandonment. In the absence of written notice to the Owner to the contrary, if all property is removed from the space and/or the Member is otherwise in default under the terms hereof, the Member shall be deemed to have abandoned the space.
Attorney’s Fees and Costs. In the event of Member's breach hereunder, and Owner retains an attorney to represent it in connection with such breach, then Member agrees to pay to Owner all reasonable attorney's fees incurred by Owner in connection therewith. If Owner brings legal action in connection therewith, then Member shall pay to Owner all costs, expenses, and reasonable attorney's fees in connection therewith.
Waiver of Jury Trial. Owner and Member waive their respective rights to trial by jury of any cause of action, claim counterclaim, or cross complaint brought by either Owner against Member, or Member against Owner on any matter arising out of, or in any way connected with this Agreement, Member's use or occupancy of the space, or any claim of bodily injury or property damage or the enforcement of any remedy under any law, statute, or regulation.
Binding Lease. This Agreement is binding upon the parties hereto and their heirs, successors, and permitted assigns.
Subordination. This lease shall be and is subordinate to the interest of any holder of any mortgage or deed of trust or any other instrument given by owner to secure any debt or obligation of Owner, whether now existing or hereafter entered into and any modifications, replacements, renewals, or extensions thereof and Member agrees to execute any instrument which Owner may request to further evidence and/or effect such subordination and appoints Owner as its Attorney-in-Fact to execute any such instrument.
Notices from Owner. All notices required by this Agreement shall be sent by first class mail postage prepaid to Member's last known address, in person, via phone call or text message or to the electronic mail address provided by the Member in this Agreement. Notices shall be deemed given when deposited with the U. S. Postal Service or when sent by electronic mail. All statutory notices shall be sent as required by law.
Notices from Member. Member represents and warrants that the information Member has supplied in the Agreement is true, accurate and correct and Member understands that Owner is relying on Member’s representations. Member agrees to give prompt written notice to Owner of any change in Member’s address, any change in the liens and secured interest on Member’s property in the space and any removal or addition of property to or out of the space. Member understands he must personally deliver such notice to Owner, mail the notice by certified mail, return receipt requested, with postage prepaid to Manager at the address shown on the Agreement or provide such information via e-mail sent to the correct e-mail address and verified by Owner.
General Provisions. This Agreement may be changed or amended only by a written notice signed by the Owner or Owner's Authorized Agent. The waiver by the Owner of any provision of this Agreement will not be deemed to be a waiver of such provision in the future or of any subsequent breach of the same or any other provision of the Agreement. Interest will accrue on all sums due at the judgment rate.
Severability. In the event that any provision of this Agreement shall be held to be invalid and unenforceable, it will not affect the validity or enforceability of the remainder of this Agreement.
Changes. All terms of this Agreement, including but without limitation, rental rate, conditions of occupancy and other charges, are subject to change by Owner. If changed, the Member may terminate this Agreement on the effective date of change. If the Member does not give such notice, the change shall become effective and apply to his occupancy.
Personal Injury. Owner and Owner's agents and employees shall not be liable whatsoever to any extent to Member or Member's invitees, family, employees, agents or servants for any personal injury or death arising from Member's use of the space from any cause whatsoever including, but not limited to, the active or passive acts or omissions or negligence of the Owner, Owner's agents, or employees.
Release of Information. Member hereby authorizes Owner to release any information regarding Member and Member’s occupancy as may be required by law or requested by governmental authorities or agencies, law enforcement agencies or courts.
Military Service. If you are in the military service you must provide written notice to the Owner. The Owner will rely on this information to determine the applicability of the Servicemembers Civil Relief Act.
Financial Information. Owner does not warrant or guarantee that any financial information (credit card, checking account) will not be stolen or otherwise compromised. Member waives and releases any and all claims or actions against Owner for damages arising from the use of said information by others.
Climate Control. Climate controlled spaces are heated and cooled depending on outside temperature. These spaces do not provide constant internal temperature or humidity control. Owner does not warrant or guarantee temperature or humidity ranges in the space due to changes in outside temperature and humidity.
Limited Warranty. This Agreement and its Addendum contain the entire agreement of the parties and no representation or agreements, oral or otherwise, between the parties not embodied herein shall be of any force or effect. The agents and employees of Owner are not authorized to make warranties about the space and facility referred to in this Agreement. Owner’s agents and employees’ ORAL STATEMENTS DO NOT CONSTITUTE WARRANTIES, and shall not be relied upon by the Member nor shall any of said statements be considered a part of the Agreement. The entire Agreement and understanding of the parties hereto are embodied in this writing and NO OTHER WARRANTIES are given beyond those set forth in this Agreement. The parties hereto agree that the IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE and all other warranties, express or implied, ARE EXCLUDED from this transaction and shall not apply to the leased space and facility referred to herein. It is further understood and agreed that Member has been given an opportunity to inspect, and has inspected this space and facility, and that Member accepts such leased space and facility AS IS and WITH ALL FAULTS.
Permission to Call, Fax, E-Mail or Text. Member recognizes Owner and Member are entering to a business relationship as Owner and Member. As such, to the extent any Federal or State law prohibits Owner from contacting Member by phone, fax, e-mail or text, Member hereby consents to Owner phoning, faxing, e-mailing and texting Member with marketing and/or other business-related communications.
Entire Agreement. The making, execution and delivery of this Agreement by the Member has not been induced by any representations, statements, warranties or Agreements other than those expressed herein. This Agreement embodies the entire understanding of the parties and there are no further or other agreements or understandings, written or oral, in effect between the parties relating to the subject matter hereof.
Terms & Conditions for hosting an event COVID-19 Update: The Jambox event space is limited to a capacity of 40 at any given time:
In addition to the cleaning requirements listed below, members and guests must disinfect common touch surfaces if used. These include door handles, light switches, tables and chairs. Disinfectant spray and paper towels will be provided.
Members and guests must not come to Jambox if they are sick, have a fever, or have been in contact with someone with COVID-19 within the last 2 weeks. If any of these conditions are met, the specific member or guest must not enter Jambox for at least 14 days.
Everyone must always wear a mask unless they are in a private room. Masks can be removed when inside one of the individual soundproofed rooms if the door is closed and guests maintain a 6-foot distance from each other. Everyone must practice safe, 6-foot social distancing regardless of mask usage.
Event Space: • Jambox personnel will be onsite during your event. • The room will not be setup by Jambox personnel. • You will have access to the room(s) reserved including the bathrooms. Access or utilization of any other rooms are prohibited, unless otherwise discussed. • Events that result in cleaning, repairs or staff time are subject to additional fees, as determined by Jambox LLC. • Access to Morningstar Storage is prohibited, unless otherwise discussed. • Event host is responsible for their guests' access in and out of Jambox. • Guests will not be able to access the space if the event host is late. • Hosts (you) are responsible for all setup and tear down of the space • An additional $20 fee will be charged for each event date change. • No refunds will be provided for event bookings cancelled by the event host. However, your payment can be applied to a future booking or pass if Jambox receives a notice of cancellation at least one week prior for the event space reservation and at least 24 hours prior for individual rooms reserved. • Events that have attendance 20% more than estimated in the booking form subject to additional fees, as determined by Jambox LLC. Housekeeping: Renter assumes responsibility for returning Jambox to its excellent condition within the rental time frame and before leaving the premises. All lights must be turned off. Trash and litter must be removed. Floors must be vacuumed and all surfaces wiped clean. If additional cleaning is required to return the studio to its proper condition, you will be charged a fee. If you adjusted the temperature during your rental period, make sure the thermostat is back to its default (60 in the winter and 78 in the summer) before you leave. When your event ends, you must follow these Exit Checklist Items (There will be an additional charge for items not completed to compensate our cleaning crew): 1. Put all furniture back to its original location. 2. Vacuum all debris, crumbs, etc... using the vacuum in the alcove by the back right of the brick wall. 3. Wipe down all counter-spaces and tables with cleaning spray, this will be provided. 4. Clean the bathroom. This includes: toilet seat, floor around toilet, and sink. If additional cleaning materials are required outside of what is immediately available in Jambox, staff will be able to provide these materials (I.E. toilet scrubber, mop, plunger, etc.). 5. Do not leave any personal belongings in the space. 6. Make sure the entrance and exit door is shut securely. 7. The event host must be the last person to leave after the event. Additional fees: Fees may be charged for an event (including after an event) to the organizer for the following reasons: • Additional cleaning was required • Staff time was required to return space to a serviceable state • Loss of business from event before, during or after • Repairs from damage • Misrepresentation or estimation of attendance numbers (even if you did not know so many people would show up) Key points about additional fees: • All assessments of cleaning, damage, staff time and other billables are determined by Jambox • Agreeing to these terms of service you are agreeing to be subject to additional fees • Additional fees are billed at Jambox’s discretion • You authorize Jambox to charge any credit card numbers it has on file for fees Fee schedule all subject to change without notice: • Repairs: material cost + $100 and up per hour + 25% management fee • Folding chair replacement: $15 per chair • Tabletop replacement: $400 • Sofa Chair replacement: $300 • Every 30 minutes over the reserved time: $65 • Other fees as assessed and determined by Jambox
Rental: Paid rental time periods include time for set-up and clean-up as described in the “Housekeeping” section of this document. Space must be booked at www.jmbxmusic.com . Space is not guaranteed until it has been paid for in full and the Rental Agreement has been completed and signed by the Renter. Total hours used are calculated from scheduled access time until actual end of cleanup.
Payments and Cancellations: All rental payments and refunds take place at www.jmbxmusic.com. Renters must pay in full for all space at the time of booking by credit card. In addition, Renters must also pay an agreed upon security deposit. The deposit, or portion of the deposit (in the case that any deductions need to be made because the renter owes fees) will be returned no later than 7 days after the event. Renters will immediately receive a receipt. No refunds are provided for any cancellations.
Hours and Occupancy: The Event space is available for rentals, on a space-available basis. Prices may vary depending on the day of the week and the time of day. Renter agrees to be present in the space at all times during the above agreed upon rental times. Renter will not hold an event and will not permit events to be held, that have in excess the number of persons that are permitted by applicable fire and/or building codes in the event space or in the premises as a whole, as applicable. Renter MAY NOT charge for any alcohol served, unless otherwise agreed upon. Renter assumes all responsibility for the event space during the event hours.
Membership: Renting the Event Space is only open to Jambox members. If you are currently not a Jambox member and are interested in membership, please go to our website www.jmbxmusic.com and select the Become a Member tab at the top to see all available options.
Alcohol Policy: Under NO circumstances is Renter allowed to charge participants for any alcohol served in Jambox, according to NC law, and Jambox LLC’s insurance policy. Alcohol, in moderation, may not be served without permission from Jambox LLC. It may be allowed by completing an Alcohol Waiver (one-time NC permit) available by request.
Smoking/Incense/Flames: No smoking anywhere inside the building. No incense, candles, smudge sticks, or open flames of any sort.
Glitter: Use of glitter is prohibited. Failure to comply may result in a fine.
Renter's Equipment: Any equipment that Renter brings into Jambox may not be affixed to or cause any damage to floor and walls.
Storage: Renters may never leave any equipment, costumes, props, or personal belongings anywhere in the Event Space, any rooms, closet, hallway, or bathrooms.
Door Entry: Renters will be given a key fob to enter Jambox. The key will give access ten minutes before through ten minutes after the booking time.
Security: The Event Space is monitored 24/7 by security cameras. Renter assumes responsibility for the security of Jambox during each rental period. The door does automatically lock when closed. Renters are required to return Jambox to a secure state upon leaving by making sure the door is closed and locked.
Emergencies: For any emergency situations including accidents, health crises, criminal activities, or fire, call 911. There is no phone available for Renter’s use at Jambox.
Damage: Renter assumes full responsibility for any damage caused to any part of the entryway, Event Space, studio, bathroom, furniture, cameras, floors, windows, walls, ceilings, included equipment, etc. sustained during the Renter’s scheduled studio time. Renter agrees to pay in full for repair or replacement of any item or structure damaged by the Renters or by collaborators, students, or guests invited to Jambox by the Renter. Full payment for damage shall be made within 10 days of the damage.
Liability: Renter assumes liability for injury of any persons Renter invites to Jambox including but not limited to: students, collaborators, guests, or audience members. Renter may be requested to provide a certificate of liability insurance (COI) naming the Jambox LLC (d/b/a The Event Space) as an additional insured, with a minimum per-occurrence coverage of $1,000,000 personal and property coverage. A copy of the required Certificate of Liability Insurance must be submitted prior to your event.
Parking: Free parking is available in the building lot and on Denmark road. Jambox is not responsible for any damage or theft from your vehicle.
By signing below, I hereby acknowledge that I have completely read and fully understand the Jambox LLC Event Space Terms and Conditions. DO NOT SIGN THIS AGREEMENT UNTIL YOU READ AND UNDERSTAND THE TERMS AND CONDITIONS SET FORTH. ALSO MEMBER AGREES ALL PERSONAL INFORMATION SHARED WITH OWNER IS CORRECT AND TRUE.