THE FUNCTIONAL LOFT OPEN SPACE AGREEMENT
The Functional Loft Open Space Agreement Made as of this date by and between “The Functional Loft LLC”
of 659 Auburn Avenue, NE #119 Atlanta, Ga. 30312 (“Licensor”) and
customer applying within membership portal, the (“Licensee”).
End-user, agrees to rent Open Space for the amount of $125.00 per month for
a minimum term of 12 months.
End-user, understands that the monthly rent is contingent upon occupancy, and is
not to supersede a maximum of 2 persons.
Compliance
You agree to abide by and cause your employees, agents, guests, invitees, contractors and
subcontractors ("Invitees") to abide by this Agreement and any applicable House Rules
provided by the Licensor.
Possession and Delivery
The Open Space is accepted by the Licensee in its “as-is” “where-is” condition and configuration. If, for
any reason, The Licensor is unable to provide use of the Open Space at the anticipated Start Date,
you agree that the Term shall be automatically postponed until possession becomes available.
The Licensor’s failure to deliver possession of the Open Space shall not subject the Licensor to any
liability for loss or damage, nor shall it affect the validity of the License. If the Licensor does not
deliver possession of the Open Space within one week after the anticipated Start Date, the Licensee
shall have the right to cancel the License with no penalty and be entitled to a full refund of
amounts paid.
Open Space Use and Access
You agree to use the Open Space provided to you for general office purposes only and you may not
use the Space to carry out any illegal activities or use the Space (A) in violation of law, the
House Rules or any other reasonable regulations or rules adopted by The Licensor during the
Term, or (B) for any immoral, unlawful, or objectionable purposes. Further, you shall not use or
permit the usage of any illegal drug or substance and shall not make or permit any
unreasonable or unnecessary noises or odors in or upon the Open Space or the Building. You shall
not commit, or suffer to be committed, any waste upon the Open Space and the space or any nuisance
(public or private) or other act or thing of any kind or nature whatsoever that may disturb the
quiet enjoyment or cause unreasonable annoyance of any other occupants in the Building.
You agree not to exceed the Maximum Occupancy of the Open Space.
You shall not make alterations, additions or improvements to the Open Space, including the installation
of lighting or any phone or data lines.
You shall not generate, store, install, dispose of or otherwise handle any hazardous materials in
the Open Space, Space or in or around the Building, in any manner contrary to any applicable law.
You shall be liable for the costs of any removal, clean-up and/or remediation of any hazardous
materials released by you or your Invitees.
You agree that the Licensor has the right upon 30 days’ written notice, to require that you
relocate to another Open Space in the same Building of equal or larger size and similar configuration
for the remainder of the Term, provided that the Fees for such new Open Space are no greater than
the Fees for your current Open Space.
The Licensor or its authorized representatives may enter the Open Space at any time and such access
rights shall not give rise to any decrease or abatement of Fees or Taxes. Unless there is an
emergency, the Licensor will, as a matter of courtesy, try to inform you in advance when the
Licensor needs access to the Open Space to carry out testing, repair or work other than routine
inspection, cleaning and maintenance. Repair work shall be done solely at the discretion of the
Licensor and the failure of the Licensor, for any reason, to furnish any maintenance or repairs
shall not render the Licensor liable to you, constitute a constructive eviction, or give rise to a
refund or abatement of Fees.
You shall not cause or permit any lien to be placed on the Open Space, space, the Building or the land
underlying the Building. Any such lien shall be discharged by you within 10 days of you
becoming aware of such lien.
Good Care
You must take good care of and not damage, waste or make any changes to the Open Space or space
leased or owned by the Licensor of which the Space is a part (the “The Functional Loft Area”), or the
Building. You shall not alter, add, replace, remove or damage any furnishings, equipment or
other personal property located in, on or around the Open Space, Space, the Shared Facilities, the
Host Area or the Common Areas which is not owned by you or your Invitees ("The Functional Loft
Property"). At the expiration or earlier termination of this Agreement, you must deliver the Open Space
and all The Functional Loft Property to the Licensor in good condition, normal wear and tear excepted. If
any damage (beyond normal wear and tear) to the Open Space or The Functional Loft Property should
occur while in your care, custody or control, you agree to pay reasonable repair/replacement
costs and to notify the Licensor immediately upon discovery of such damage occurring, but no
later than 8 hours later. You are liable for any damage caused by you or your Invitees to the
Open Space, Space, the Shared Facilities, the Common Areas, The Functional Loft’s Property or the
Building. YOU DISCLAIM AND WAIVE ALL WARRANTIES WITH RESPECT TO
THE FUNCTIONAL LOFT’S PROPERTY, BOTH EXPRESS AND IMPLIED, INCLUDING BUT NOT
LIMITED TO, WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR
PURPOSE.
Common Areas
If available at the Building, you may also have access to and non-exclusive use of any portions
of the Building designated for common use of tenants and others ("Common Areas"), as, and to
the extent, described in the House Rules. The Common Areas may be changed, relocated,
altered, eliminated or otherwise modified at any time during the Term without the consent of, or
notice to, Guest.
Shared Facilities
If available at the Building, you may also have access to and non-exclusive use of any shared
conference rooms, Open Space equipment, and kitchenettes (the “Shared Facilities”) located near
the Space on a first-come, first-served basis as, and to the extent, described in the House
Rules. The Licensor may make changes to the Shared Facilities from time to time during the
Term including, without limitation, removal of all or portions of the Shared Facilities without your
consent or notice to you.
Name and Address
You may only conduct business in your name. You shall not put up any signs on the doors to
the Space or Building or anywhere else, which are visible from outside the Space you are using,
or the Building.
Conduct
You acknowledge that the Licensor is and will continue to be an equal opportunity employer and
that the Licensor prohibits any form of discrimination in employment, against any of its
employees (whether by its employees, its clients, including you, or others), 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 officers, directors, employees, shareholders, partners, agents, representatives,
contractors, customers, or invitees shall be prohibited from participating in any type of harassing
or abusive behavior to
employees of the Licensor or its affiliates, other clients or invitees, verbal or physical in the
Building for any reason. You further agree, upon the request of the Licensor, to cooperate with
the Licensor in its efforts to enforce and maintain its equal employment opportunity, non-
discrimination and anti-harassment policies. The Licensor may immediately terminate this
Agreement without cost or penalty if Guest or any of Guest's staff engage in any behavior that
the Licensor deems is contrary to such policies.
Damages and Insurance
You are responsible for any damage you cause to the Open Space, Space or any The Functional Loft Property
beyond normal wear and tear. The Licensor has the right to inspect the condition of the Space
from time to time and make any necessary repairs. You are responsible for arranging insurance
for your personal property against all risks and for your liability to and for your employees and
third parties and for maintaining any specific insurance set forth in the House Rules. You have
the risk of damage, loss, theft or misappropriation with respect to any of your personal property
and liability to and for your employees and third parties. You agree, as a material part of the
consideration to be rendered to the Licensor under this Agreement, to waive any right of
recovery against the Licensor, its directors, officers and employees for any damage, loss, theft
or misappropriation of your property under your control and any liability to and for your
employees and third parties, including for injuries to you or your Invitees in or about the Open Space or
Space, and you agree to hold the Licensor exempt and harmless and defend the Licensor from
and against any damage and injury to any such person or to such property, arising from your use of the Space or from your failure to keep the premises in good condition and repair as provided in this Agreement. All property in
your Space is understood to be under your control.
Term and Termination
(a) The Term of the License shall be for the greater of three-months starting at 9:00am on the
date of this Agreement and ending 8:00 am on the 14th or last day of the month following three
full months of occupancy.
(b) Upon termination of the term set forth in section (a) above, the License Term shall be
automatically renewed for successive periods of one month each unless terminated by either
party. Notice of termination of License by you must be given in writing at least 30 days prior to the
date on which you intend to relinquish dominion and control over the Licensed Open Space occupied
by providing the Licensor, in writing, a completed 30-day moving out notice. License term set
forth herein and notice of termination thereof can only be given so as to ensure that you vacate
on either the 14th or the last day of the month in which the License is to terminate.
(c) Licensor may terminate the License after giving a 30-day notice to Licensee, you (i) upon
any breach of this License Agreement by Licensee, its agents, employees, or invitees, whether
or not such breach is later corrected by Licensee, (ii) upon termination of the Lease and/or
Licensor’s rights in the Open Space space as provided for therein and (iii) at any other time whereupon
Licensor, subject to its sole discretion, sees fit to do so.
(d) On or prior to the Termination of the License, you shall remove all of your property from the
Open Space. Licensor shall be entitled to dispose of any of your or any third party’s property remaining
in Open Space after the Termination of the License, and you hereby waive any claims or demands
regarding such property. In the event that the License is terminated for any reason, you shall not
be entitled to any refund or offset.
(e) Upon termination by either party, occupancy of the Open Space by you, your agents, employees,
assignees or some other person or entity using the Open Space in connection with your use shall be
deemed as a holdover. Upon holdover by you, you shall be responsible for the payment of a
license fee in the amount of two (2) times the original monthly license fee for each month during
which you were a holdover. Additionally, you shall be responsible for all damages, costs, fees &
attorneys’ fees incurred by Licensor and Landlord in connection with said holdover and in
connection with removal of said holdover.
(f) If you terminate this License agreement in order to enter into a new License agreement in
which you shall License a smaller space (ie: You have a License for Open Space & terminates the
License in order to enter into a new License for a Desk or multiple Desks), at least 30 days
notice must be given to Licensor by filing out an updated License agreement 30 days in
advance of date that new License goes into effect. Licensee shall be responsible for the initial
License fee until a new License agreement is executed & takes effect.
Renewal
If an End Date is specified, the License will terminate on the End Date with no automatic
renewal.
If no End Date is specified, Licenses shall automatically renew after the Minimum Term of three-
months for additional one-month periods unless you give the Licensor at least 30 days’ notice
prior to the end of the Term.
If the Licensor opts to change the Monthly Charge upon renewal, the Licensor will provide at
least 60 days notice.
If the Licensor opts not to renew the License, Licensor will provide at least 60 days notice.
Default
You shall be considered in default of this License if (A) you fail to pay when due all or any
portion of the Fees or Taxes, if the failure continues for 7 days after notice to you, which notice
shall be in satisfaction of and not in addition to any notice required by law (B) you fail to comply
with any term of this Agreement, if the failure is not cured within 10 days after notice to you, or
(C) you attempt to sublicense, assign or otherwise transfer any interest in this Agreement
without the Licensor’s prior written consent. Upon any default, the Licensor shall have the right
without notice to terminate this Agreement, in which case you shall immediately surrender the
Open Space and the The Functional Loft’s Property to the Licensor. If you fail to surrender the Open Space and/or
The Functional Loft’s Property, the Licensor may, in compliance with applicable law and without
prejudice to any other right or remedy, enter upon and take possession of the Space and the
The Functional Loft’s Property and you shall be liable for all past due Fees and Taxes, all Fees and
Taxes due for the remainder of the Term, all costs incurred by Licensor to retake possession of
the Open Space and The Functional Loft’s Property, and other losses and damages which the Licensor may
suffer as a result of Guest's default. In addition to the right to terminate this Agreement and
collect damages, Licensor shall have the right to pursue any other remedy now or hereafter
available at law or in equity.
Indemnity
You agree to indemnify, defend and hold the Licensor, its landlord, if applicable, and any
mortgagee harmless from and against any loss, liability, claim, demand, damages, costs and
expenses, including reasonable attorneys' fees, arising out of or in connection with your and
your Invitees' use of the Open Space, Space, Common Areas or Shared Facilities, or any violation of
applicable law, this Agreement or House Rules. Nothing contained in this Agreement shall be
construed to create privity of estate or of contract between you and the Licensor's landlord, if
applicable.
Disclaimer
EXCEPT AS PROVIDED HEREIN AND IN ANY HOUSE RULES, LICENSOR IS PROVIDING
ITS OFFICE TO THE GUEST "AS IS," AND LICENSOR DISCLAIMS ANY AND ALL OTHER
REPRESENTATIONS AND WARRANTIES WITH RESPECT TO THE OFFICE, WHETHER
EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF TITLE,
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.
LICENSOR CANNOT AND DOES NOT GUARANTEE AND DOES NOT PROMISE TO GUEST,
ANY SPECIFIC RESULTS FROM USE OF THE OFFICE. LICENSOR DOES NOT
REPRESENT OR WARRANT THAT THE SPACE WILL MEET YOUR REQUIREMENTS; THAT
THE OFFICE MEETS APPLICABLE LEGAL STANDARDS OR IS SAFE AND SUITABLE FOR
YOUR INTENDED USE.
Liability
IN NO EVENT WILL LICENSOR OR ITS DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES
OR SUPPLIERS BE LIABLE TO GUEST, 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 THE GUEST’S USE OF THE OFFICE OR SPACE,
ANY CONTENT OR OTHER MATERIALS ON, OR GUEST’S USE OF THE OFFICE OR
SPACE, EVEN IF THE HOST IS AWARE OR HAS BEEN ADVISED OF THE POSSIBILITY OF
SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED
HEREIN, AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW,
LICENSOR’S LIABILITY TO GUEST OR ANY PARTY CLAIMING THROUGH GUEST, FOR
ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, IS
LIMITED TO THE AMOUNT PAID FOR THE OFFICE, IN THE 12 MONTHS PRIOR TO THE
INITIAL ACTION GIVING RISE TO LIABILITY. THIS IS AN AGGREGATE LIMIT. THE
EXISTENCE OF MORE THAN ONE CLAIM HEREUNDER WILL NOT INCREASE THIS LIMIT.
Suspension of Services
Licensor may by notice suspend the provision of services (including access to the Space and
Open Space) for reasons of political unrest, strikes, terrorism, Acts of God or other events beyond
Licensor’s or the Licensor’s landlord’s reasonable control. This Agreement shall automatically
terminate if the Open Space is rendered unusable as a result of a fire, other casualty or a
condemnation. As between Licensor and Guest, all proceeds of any condemnation award shall
belong to Licensor and all insurance proceeds of the Licensor shall be retained by and belong to
the Licensor. The Licensor may also suspend the provision of services (including access to the Open Space) in the event
the Open Space, Space or the Building is being renovated or repaired, in which event you will be
relocated to another Open Space within the building, or if necessary, to another building, all at the
Licensor’s reasonable cost.
Sublicensing
You may not sublicense, assign, transfer any interest in this Agreement or allow any third party
to use any portion of the Open Space, Space, the Shared Facilities or the Common Areas without
Licensor's prior consent. Any such sublicense shall be on the same form as this Agreement.
No Lease
YOU ACKNOWLEDGE THAT THIS AGREEMENT IS NOT A LEASE OR ANY OTHER
INTEREST IN REAL PROPERTY. IT IS A CONTRACTUAL ARRANGEMENT THAT CREATES
A REVOCABLE LICENSE. The parties do not intend to create a lease or any other interest in
real property for the benefit of Guest through this Agreement. Licensor retains legal possession
and control of the Space assigned to Guest. The Licensor’s obligation to provide Open Space and
services to Guest is subject, in all respects, to the terms of Licensor’s lease with the Licensor’s
landlord, if applicable. This Agreement and the License granted hereunder shall terminate
simultaneously with the termination of the Licensor’s master lease or the termination of the
operation of the Licensor’s Area for any reason at no cost or penalty to Licensor. You do not
have any rights under Licensor’s lease with its landlord, if applicable. When this Agreement
expires or is earlier terminated, your License to occupy the Open Space shall automatically be
revoked. You agree to remove your personal property and leave the Open Space as of the date of
such expiration or termination. Licensor is not responsible for your personal property left in the
Open Space after expiration or termination. If you fail to remove your personal property, at Licensor’s
option, such personal property shall (a) be deemed conveyed to Licensor and shall become the
property of Licensor, or (b) be removed from the Open Space by Licensor at the Guest’s expense.
No Broker
You represent that you have dealt with no broker in connection with this Agreement. You agree
to indemnify, defend and hold Licensor harmless from any claims of any brokers claiming to
have represented you in connection with this Agreement.
Subordination
This Agreement and any applicable House Rules are subordinate to any underlying lease,
mortgage, deed of trust, ground lease or other lien now or subsequently arising upon the Open Space
or the Building and to renewals, modifications, refinancings and extensions thereof including the
Licensor’s lease with the Licensor’s landlord and to any other agreements to which the
Licensors lease is subordinate.
House Rules
Community Norms
Welcome! We are thrilled that you have joined our workplace community!
We're more than a workspace—we're a community built on mutual respect and a shared purpose. Here, we look out for one another while honoring the space that brings us together. As a member of The Functional Loft, you're not just renting a desk; you're joining a collective committed to respect, accountability, and creating an environment where everyone can thrive.
Your fellow members don't just expect this standard—they embody it. Together, we take pride in what we've built and ownership of what we maintain. Here’s how:
1. One of the biggest benefits of The Functional Loft membership is access to your fellow
members. We encourage The Functional Loft members to make connections,
collaborate, share ideas, provide advice, and make cool things happen.
However, members may NOT spend their days directly soliciting other
members. It is annoying and may result in cancellation of your membership.
2. The Functional Loft is first and foremost, a place to work. While we want our
community to be 1.) open, fun, and collaborative we also want it to be 2.)
Professional. Members are responsible for properly balancing the two.
3. Every person using The Functional Loft MUST be a paid member. Exceptions: non-
members are welcome for up to 4 hours if they are meeting The Functional Loft
members for business related meetings (and are not using the conference
room) or if the non-members have purchased a Day Pass. Members need to
meet with their guests at one of the collaborative meeting areas or in a
conference room. Guests may sit at the coworking table if space is not being used or unless a Day Pass
has been purchased. Members are accountable for the conduct of their
guests. All guests must be registered with an The Functional Loft employee at the
front desk.
4. Key Codes. Please do not share the door codes with anyone else for any
reason. It is our job to provide a safe and secure community for you to work
in. We expect members to be mindful of security at all times. Sharing security/door codes with non-members may result in immediate termination of your membership.
5. Dedicated Desks/Unlimited Monthly Coworking Memberships are NOT
transferable to other members in your organization. Only the registered
member with The Functional Loft has access to their desk.
6. We expect members to keep the kitchen area clean. Please do your dishes by
either putting them in the dishwasher or placing them and into the dish bin. Please do your guests’ dishes. The friendly staff at The Functional Loft (and your fellow members) will get really, really grumpy if you leave your
dirty dishes lying around.
7. It is your responsibility to keep your workspace tidy. If you receive packages
at The Functional Loft please break down your boxes and take them to the dumpster.
If your trash is overflowing empty your garbage can and take it to the
dumpster at night when you leave. The Functional Loft dumpsters are located behind
the wood fence kiddy corner to the entrance.
8. Only The Functional Loft staff is allowed to move Furniture. If you need something
please see a staff member. This includes chairs and monitors.
9. Please label and date the food you put in the refrigerator. We encourage you
to bring your lunch and use the Fridge. Please be considerate of your fellow
members. It is a community fridge and their needs to be room for everyone’s
lunches. You can’t stock the fridge for the month. (i.e.: no cases of soda,
Gallons of OJ etc.) The Functional Loft Staff reserves the right to throw anything in
the refrigerator away, including breakthrough science experiments!
Refrigerator clean out happens monthly. If it is not labeled “save” it
most likely will be tossed.
10. Coffee makes everyone happier At The Functional Loft we provide coffee from various brands including our favorites Trader Joe’s and Rev Coffee. If you drink the last cup of coffee, please let an The Functional Loft Team
Member know. The best way to strike a nerve with your fellow caffeine
addicted member is to leave no coffee in the carafe. Please don’t be that
guy/gal.
11. Access to conference rooms is one of the greatest perks of an The Functional Loft
membership. Here’s what you need to know in regards to conference room main; If you want to use the conference room for a meeting or presentation, you must reserve it.
Please, no conference room squatting if it is reserved.
• Dedicated desks receive 8 hours of Free conference room time per
month.
• Unlimited Coworking receives 6 hours of Free conference
room time per month.
• Private offices receive 15 hours per month.
Anything you use after that will be billed to you at the member
discounted rate (50% off nonmember rates.)
c. Conference rooms are for meetings with customers, teammates,
and clients ONLY. If you want to hold an event at The Functional Loft in
the conference room, please talk to the friendly The Functional Loft staff
to discuss scheduling, guest policy, and the reservation portal.
d. Unused conference room time does not roll over from month to
month.
e.You may not re-sell or donate your conference room time to non-
members or outside groups.
f. It is your responsibility to clean up the conference room after you
use it.
12. The printer is available for use. We ask that you use the nearest copying center for multiple large print orders due to limited hardware capabilities and supplies of the copier here at The Functional Loft.
13. Common areas are shared workspaces. Here is how we can all happily and
productively share these spaces together:
a. Please make phone calls at your desk, atrium or at the seats outside. Speaker phones are never allowed at The Functional Loft, except when in a conference room or your private office.
b. Please occupy only one spot at a time in the common area. Taking
up multiple spots limit the space available to your fellow
members.
c. “The One Hour Rule”: Feel free to leave your stuff at your space
and other common areas. However, if you will be gone longer than
an hour, please pack up your stuff so your spot is available for
another member.
14. The Functional Loft is a 9am to 8pm facility for members. The Functional Loft team members are
staffed between 9:00 am – 5:00 pm Mon – Fri. You don’t have to go home but you can’t live
here! Please be mindful of security. If you have a guest during non-staffed
hours your guest will need to call you directly to gain access to the building.
15. We offer flexible Month to Month membership agreements. However, if you
plan to terminate your The Functional Loft membership we do require that you give
30 days notice (in writing) on the 15th or 30th of the month.
16. The Functional Loft is a smoke-free facility. Please smoke outside 20 feet away from
windows and doors.
17. Finally, we have a great staff at The Functional Loft. Our job is to manage this
fantastic, inspiring community. We are here to provide you with a place and
the tools to do your best work! If you have any questions, ideas, or
suggestions. Need help connecting or just want to chat that is what we are
here for. Interacting with our members is the best part of our job.
I agree to The Functional Loft House Rules. More importantly, I agree to take pride and
ownership in The Functional Loft Community.
I agree to The Functional Loft Community Norms. Most important, I agree to take pride
and ownership in The Functional Loft Community
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