These terms of use are entered into by and between you (“You” or “Your”) and El Patio, LLC, a Georgia limited liability company (“Company” or “We” or “Us” or “Our” or “El Patio, LLC”). The following terms and conditions, together with any documents they expressly incorporate by reference (collectively, “Terms of Use“), govern Your access to and use of Company’s services and space, including any content, functionality, and services offered on or through https://elpatiopopupshop.com/ (the “Website” and, collectively with other Company’s services and space, the “Services”).

Please read the Terms of Use carefully before You start to use the Website or any of the Services. By using the Website or by clicking to accept or agree to any of the Services when this option is made available to You, You accept and agree to be bound and abide by these Terms of Use. If You do not want to agree to these Terms of Use, You must not access or use the Website or any of the Services.

Changes to the Terms of Use

We may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them, and apply to all access to and use of the Website or any of the Services thereafter. Your continued use of the Website or any of the Services following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check this page each time you access this Website so you are aware of any changes, as they are binding on you.

The Space. The space is the unfurnished ground level floor consisting of approximately 400 square feet with access to a ½ bath, walk-in closet and small storage area of the unit located at 415 Edgewood Avenue SE, Atlanta, GA 30312 (“The Space”). The Space also contains other Amenities (as defined below) for Your limited and exclusive use within The Space during Your Use. Please refer to “Amenities” below for details.

Your Use. Your use shall be for the type of evens, services, and products You specified at registration, as agreed upon by us in writing, with a limit of no more than 3 vendors at one time with access to The Space from 9:00am to 9:00pm on the dates and times we agreed upon (“Your Use”). You expressly agree Your Use of The Space shall not be as a dwelling place.

Your Fee. You agree to the fee fee communicated to you in writing (“Your Fee”).

Payment. You are required to make payment of Your Fee in full prior to Your Use (“Your Payment Deadline”).

Damages and Loss of Contents. You are responsible for any damages to The Space and damages to or losses of its contents during Your Use.

You expressly agree that We may charge the payment method on file to cover Our payment for the cost of extraordinary cleaning of The Space (e.g. sticky floors, stained walls, dirty bathroom, etc.) and any repairs or replacements to The Space and that we may invoice You for Our costs. If You request, we shall provide You with a detailed invoice of Our charges. We shall not charge the payment method on file after Your Use when, in Our discretion:

• The Space and its contents are left undamaged.
• The contents of The Space have not been removed or misplaced.
• The Space is left clean and all trash removed.
• The sidewalk adjacent to The Space is left without trash from customers and guests.

Refunds, Cancellation and Rescheduling.

Refunds and Cancellation

Your Fee is non-refundable, except if The Space becomes unavailable due to factors beyond Our reasonable control, including but not limited to fire, storm damage, or power outage.

Rescheduling

Rescheduling requests must be submitted at least two weeks prior to the confirmed reservation date. We reserve the right to accept or not accept rescheduling requests that are received less than two weeks from the reservation date, as rescheduling shall depend on availability of The Space and other factors.

Compliance. During Your Use, You also agree to comply with all local, state and federal law (“Laws”) as well as with all Our policies, rules, homeowner’s association’s rules, or house rules (“House Rules”), as may be amended by Us from time to time. Any fines, fees or costs due to Your failure to comply with Laws are Your responsibility to pay. A breach of the House Rules may result in the cancellation or rejection of future booking requests.

Assumption of Risk and Insurance. We, Our homeowner’s association, its Board of Directors and committees, provide no guarantee to You of Your safety or security before, during or after Your Use.

• You assume all risk of personal injury to You and Your customers and guests and loss of or damage to Your property and the property of Your customers and guests, including any injuries, loss, or damage resulting from or attributable to the acts of third parties.
• You agree not to sue and hereby release Us from any claims for personal injury to You or Your customers and guests and for all losses of or damages to Your and Your customers and guests’ property.
• You are responsible to Us for any damages to or losses of Our property during Your Use.
• Further, to the fullest extent permissible by law, You agree to indemnify, defend and hold Us, Our homeowner’s association and its Board of Directors and committees and our insurance provider(s) harmless from any third party claims for property damage, personal injury, or noncompliance with Laws and all associated damages, losses, fines, penalties, suits, judgments, costs and expenses (including, if incurred, Our reasonable attorney’s fees) arising from or in connection with Your Use.
• If You possess general liability insurance for the duration of Your Use, e.g., a special event policy, You agree to include Us as an additional insured under Your insurance.

Intellectual Property Rights. Company name and logo, and all related names, logos, product and service names, designs, and slogans are trademarks of Company or its affiliates or licensors. You must not use such marks without the prior written permission of Company. All other names, logos, product and service names, designs, and slogans on this Website are the trademarks of their respective owners.

The Website and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by Company, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Website, unless with our prior written approval, and You must not modify copies of any materials from this site, or delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this site.

No Warranties. TO THE FULLEST EXTENT PROVIDED BY LAW, COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE. YOUR USE OF THE WEBSITE, THE SPACE, AND ANY SERVICES OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THEY ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.

Limitation of Liability. TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL COMPANY BE LIABLE FOR (A) ANY CONSEQUENTIAL, INDIRECT, EXEMPLARY, SPECIAL, OR INCIDENTAL DAMAGES ARISING FROM OR RELATING TO THIS AGREEMENT OR THE SERVICES, OR (B) DAMAGES IN CONNECTION WITH THIS AGREEMENT IN EXCESS OF THE TOTAL FEES PAID BY YOU TO COMPANY FOR THE SIX (6) MONTHS PRIOR TO THE EVENT GIVING RISE TO THE CLAIM.

Indemnification. You agree to defend, indemnify, and hold harmless the Company, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms of Use or your use of the Website, including, but not limited to, your User Contributions, any use of the Website’s content, services, and products other than as expressly authorized in these Terms of Use, or your use of any information obtained from the Website.

Links from the Website. If the Website contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to this Website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.

Contract Term. The Contract term begins on the date You reserve The Space for Your Use and shall continue until the end of your reservation end date at 9pm (the “Contract Term”). The Contract sections for “Assumption of Risk” and “Governing Law” shall survive and continue to apply after the Contract Term ends.

Security. You also acknowledge that any credentials You use to access the Website or any of the Services is personal to You and You agree not to provide any other person with such access, including by using Your username, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of Your username or password or any other breach of security.

Governing Law. This Contract shall be governed by and construed in accordance with the substantive and procedural laws of the State of Georgia. Any legal or equitable action arising from a breach of this Contract shall be brought in a court of appropriate jurisdiction in the State of Georgia.

Your Comments and Concerns

This website is operated by El Patio LLC, 415 Edgewood Ave SE, Atlanta, GA 30312.

All notices of copyright infringement claims should be sent to: wanda@elpatiopopupshop.com.

All other feedback, comments, requests for technical support, and other communications relating to the Website should be directed to: wanda@elpatiopopupshop.com.