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Room Rental Agreement for Independent Contractor

This is a legally binding agreement. It is intended to promote harmony by clarifying the expectations and responsibilities of the Tenant and the Landlords whilst sharing a clinic space. First and foremost the Tenant understands that they are an independent contractor for (and NOT an employee of) Shipyards Integrative Health. The tenant and Landlord acknowledge that this Agreement does not create a partnership or joint venture between them, and is exclusively an agreement for room rental.

The Landlord shall provide the Tenant with a signed copy of this agreement.

Rental Office located at: #102-88 Lonsdale Ave. North Vancouver, BC, V7M 2E6; 577.4 sq ft clinic

Parties:

“Landlord”, herein also referenced as “Owner”: 0993211 BC Ltd, doing business as Shipyards Integrative Health, in addition, includes Dr Jolene Kennett ND of CareMed Integrative Health Centre Inc.

“Tenant”:

Clinic name:

Commencement Date:

Expiration Date: Valid for 1 year from the commencement date.

Rent / Net Lease

The area included in this lease is the area designated clinic in the following diagram:

The area included in this Lease: Either a designated office and 1 IV Chair OR 2 IV Chairs ANDand/or the intravenous prep area, the lab area and common areas (reception area, hallway and washroom). This lease is to provide a space to practice licenced naturopathic medical services in accordance with the College of Naturopathic Physicians of British Columbia (CNPBC).

Basic Rent $150 / 6 hour shift 8AM-2PM or 2PM-8PM for either:

1 OFFICE and 1 IV Chair or
2 IV Chairs ( no office included)

Basic rent includes cost share of the following:

Common area Sq ft of clinic
Bi weekly janitor, cleaning supplies, garbage bags, bathroom supplies
Office supplies: computers, furniture, (does not include printer paper / printer ink)
Phone, fax, secure and guest internet
Shipyards Health Website hosting and promotion providing a link to tenants professional website and social media
Business cards for Shipyards Health
Access to emergency medicine kit ( must be replenished by tenant if used), oxygen tank (must be replenished by tenant if used) and AED (must be replaced by tenant if tenant causes loss or damage)

Basic rent does not include:

Equipment, tools and materials required for the tenant’s practice
- Emergency medicine kit, oxygen tank or AED
EMR
POS terminals
Marketing and marketing materials specific to the tenant, including business cards
Malpractice, liability and contents insurance
Licensing and continuing education
Taxes payable to CRA
Sharps removal /disposal

*The above costs will be subject to a 3.8% service fee if being paid by credit card.

Furnishings and equipment currently located in the offices are available for use under this lease, which include a treatment table, counter/desk, telephone and cabinet drawers

Any alterations or additional furnishings or equipment would need to be approved by the Landlord and paid for by the tenant. This would include additional furnishings, art work and electronics.

This lease is exclusive of the entrance level (retail space) and the mezzanine area operated by the pharmacy.

The Tenant is not permitted to sublet their lease.

The Tenant is not permitted to hire their own staff on premise without written consent from the Landlord, which shall not be reasonably withheld.

Payment

There will be no refunds should the Tenant not be present for booked shift due to personal or professional reasons.

There will be no refunds should the Landlords premise be closed unless the Landlord has control of the closure.

Strata Bylaws

The tenant will be provided an electronic copy of the strata bylaws for 88 Lonsdale and by signing this agreement, will agree to abide by the strata bylaws.

Any infarction or fine incurred by strata as a result of the tenant will require the tenant to take 100% responsibility for remedying the infarction or fine in no more than 30 days after the infarction or fine is received by strata. Resolution means and proof of resolution are required for this lease to continue.

Should an infarction or fine from strata not be resolved within the 30 days stated, this agreement may be terminated for cause without notice. No prepaid rent will be refunded.

If the tenant vacates the premises, they agree to be held responsible for payment to strata for any infraction or fines which were not remedied during this agreement.

Subletting & Assignment

The Tenant may NOT engage in a subletter. Occupation of the rented premise is permissible only for the Tenant listed under this Agreement.

The Tenant will not voluntarily, or by operation of a law, assign or otherwise transfer its obligations under this Agreement without the prior written consent of the Landlord

Confidentiality

Confidential information refers to any data of information relating to the Landlord, whether business or personal, which would reasonably be considered to be private or proprietary to the Landlord and that is not generally known and where the release of that Confidential information could reasonably be expected to cause harm to the Landlord

The tenant agrees that they will not disclose, divulge, reveal, report or use, for any purpose, any confidential information which the tenant has obtained, except as authorized by the landlord or as required by law. The obligations of confidentiality will apply during the Term and will survive indefinitely upon termination of this Agreement

Ownership of Intellectual Property

All intellectual property and related material, including any trade secrets, moral rights, goodwill, relevant registrations or applications for registration, and any rights in any patent, copyright, trademark, trade dress, design and trade name that is developed or produced under this agreement, will be the sole property of the Landlord. The use of intellectual property by the Landlord will not be restricted in any manner

The Tenant may not use Intellectual Property for any purpose other than that contracted for in this Agreement except with the written consent of the Landlord. The Tenant will be responsible for any and all damages resulting from the unauthorized use of the Intellectual Property

Marketing and Advertising

The Tenant must identify the Tenant’s independence from the Landlord and Roommates in all advertisements regarding intended services rendered to the public

The Tenant understands and agrees that the Roomates, Landlords, and Clients business and/or personal information is confidential and the sole property of the roommates and landlords and clients and shall not be used in any manner by the Tenant.

Although it is encouraged for the tenant to post advertising and marketing content on Shipyards Health instagram and facebook pages, the Tenant will obtain written permission from the Landlords prior to doing so.

The tenant is invited to submit 1 blog post per 4 months for the Shipyards Health website to the Landlord throughout the duration of this agreement.

Insurance and Licenses

It is the sole responsibility of the Tenant to ensure they are licensed in accordance with the CNPBC requirements. It is the sole responsibility of the Tenant to ensure they are insured: insurance requirements for this Agreement include professional liability, corporate liability (where applicable) and business liability insurance (aka - “slip and fall”). A copy of the license to practice naturopathic medicine in BC and insurance policies must be provided to the Landlords at the commencement of this Agreement and every April thereafter.

It is the responsibility of the Tenant to ensure they have a valid Business License for the City of North Vancouver as well as a business number, and GST number if applicable through the CRA.

The Tenant understands that while acting under this Agreement the Tenant is responsible for any damage to property or persons arising from the Tenant’s activities, and subject to the law of negligence, the Employments Standard Act, and any insurance which may apply in the event of such damage or injury, and the Tenant agrees to indemnify the Landlord and Roommates for any actions of the Tenant for which the Landlord and Roommates may be found liable.

Upon commencement of this contract, the tenant agrees to provide their CNPBC annual registration certificate, North Vancouver Business License, and a copy of insurance policies on a yearly basis. Failure to do so will result in termination of this contract.

Alterations to the Premises

Any alterations to the premises of the Landlord may only be conducted with the written approval of the Landlord, which will not be unreasonably withheld.

Damage

In the event the Tenant causes damage to the Landlords property, The Tenant is responsible for the cost of repair or replacement of property, furnishings or equipment.

Tenant Responsibilities

All naturopathic services and laboratory services, including but not limited to all treatments, products and tests provided by the Tenant shall be billed to the Tenant and payment for such services shall be deposited directly into the account of the Tenant provided by the Tenant. The Tenant agrees to provide and maintain the payment terminal/Jane App/or similar that will be used for all Tenant monetary transactions. The payment terminal should comply with all current security and confidentiality laws.

The Tenant is responsible for the Tenant’s own material expenses, tools and equipment and any other supplies required for the tenant to carry on its practice

Although a computer is available for use, if the tenant would like a different computer then they are responsible for providing and maintaining this computer.

The Tenant agrees that any traffic or other legal violations on the part of Tenant while the Tenant is acting under this Agreement are the sole responsibility of the Tenant.

The Tenant agrees to abide by all policies as the Landlord and Tenant may reasonably establish from time to time, whether orally or in writing, including but not limited to issues such as drug and alcohol use, company property use and maintenance, dress code and appearance, harassment in the workplace, relations with employees and clients and relations with the pharmacy tenant on premise. The tenant also agrees to appear scent free in professional attire and ensure quiet enjoyment for other persons on premise, including the pharmacy tenant.

Landlord Responsibilities

The Landlord agrees to provide the tenant with a fully functionable clinic space from which the tenant may practice naturopathic medicine. The Landlord agrees to maintain the premise in clean, up to date and functional order. The Landlord agrees to maintain a professional workplace, devoid of harassment, scent, prejudice and bias.

Agreement Between the Parties

The Parties agree that this contract is the whole agreement between the parties, and no oral representations or warranties in variation to these written terms exist. The Parties acknowledge a right to obtain independent legal advice with respect to the terms of this agreement, and by execution of this agreement have either exercised or waived this right. This agreement may only be varied by written agreement of the Parties. Time is of the essence in this agreement.

Termination Agreement

The Tenant and Landlord agree that either party may terminate this Agreement in writing with a full calendar’s month’s notice.

Should there be a violation of this Agreement, either party may terminate this Agreement for cause without notice.

In the event there is termination of this Agreement without notice, the Tenant will forfeit their damage deposit though will not be responsible for payment for the remaining months of the rental Agreement.

Should the Agreement be terminated mid month there will be no refund provided for prepayment of a partial month.

The Tenant agrees that, upon termination of this Agreement, the Tenant will return all property which the Tenant has received from the Landlord during the course of this Agreement.

The Landlord agrees that, upon termination of this Agreement, the Landlord will return all property which the Landlord has received from the Tenant during the course of this Agreement.

In the event, at the termination of this Agreement for any reason, the Tenant is in possession of the Owners’ business information of any kind, the Tenant will disclose and return all such information to the Owner, and in no event shall disclose any of the Owners’ business information to any third party. The Tenant agrees that, during the duration of this Agreement, and for 5 years following its termination, the Tenant will not directly or indirectly contact any client of the Landlord known to the Tenant for any purpose except as expressly authorized by the Landlord.

The Tenant agrees that any breach on the Tenant’s part of any part of this clause is likely to cause damage to the Landlords business which cannot be repaired and entitles the Owner to court remedies including but not limited to an injunction against the Tenant prohibiting any further such activity.

Governing Law

This Agreement will be governed by and construed in accordance with the laws of the Province of British Columbia.

Severability

In the event that any of the provisions of this Agreement are held to be invalid or unenforceable in whole or in part, all other provisions will nevertheless continue to be valid and enforceable with the invalid or unenforceable parts severed from the remainder of this Agreement.

Waiver

The waiver by either party of a breach, default, delay, or omission of any of the provisions of this Agreement by the other Party will not be construed as a waiver or any subsequent breach of the same or other provisions.

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Signed by Jolene Kennett
Signed On: 1 October 2021

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1 September 2021 4:16 pm PDT

Room Rental Agreement for Independent Contractor Uploaded by Jolene Kennett - zoran.jeremic@gmail.com IP 24.85.210.60