Coworking Membership Agreement

Transcription

1 Coworking Membership Agreement The Fish Tank, a program of the Columbus Area Chamber of Commerce, is a 24/7 one-stop shop for entrepreneurs. It provides low-cost office space and amenities in a community-driven environment of like-minded people such as entrepreneurs, innovators, freelancers, corporate refugees, and creative thinkers. It provides an organic source of networking, as well as access to on-site business training tools and resources. Membership Features All Memberships Access to high-speed wireless internet Use of private meeting rooms Access to a community of like-minded people Linkage to resources such as Service Core of Retired Executives (SCORE), Indiana Small Business Development Center (ISBDC), and the Chamber Free snacks and hot coffee Unlimited 24/7 ($100/month) Secure access 24 hours, 7 days per week Discounted Chamber membership Access to printer/scanner Use of mailing address Part Time ($50/month) Access up to ten days per calendar month Weekends + Evenings Only ($30/month) Access after 5 pm, Monday through Friday 24 hour access Saturday and Sunday Day Pass ($10/day) Access 8 am 5 pm for one business day, provided there is sufficient space

2 Contact Information Membership Type (Please Select): Unlimited 24/7 ($100) Part Time ($50) Weekends + Evenings Only ($30) Day Pass ($10) Payment Type (Please Select): Monthly, recurring electronic payment 1-year membership paid in full Name: Home Address: Phone: Please describe the type of work you do: Focus: Is it okay to publish your name, title, company, and focus in the Fish Tank Membership Directory? Yes No 2

3 Terms of Service 1. Acceptance of Terms. The services Fish Tank, a program of the Columbus Area Chamber of Commerce, provides to you, the undersigned (including but not limited to use of office space and access to Internet), are subject to the following Terms of Use ( TOU ). Fish Tank reserves the right to update the TOU at any time. Fish Tank will attempt to contact you to notify you of any updates within 30 days of their enactment using the contact information provided in the Membership Agreement. 2. Description of Services. Fish Tank may provide you with access to work stations, Internet access, office equipment, conference space, knowledge resources, and other services as Fish Tank may provide from time to time (collectively, Services ). The Services at all times are subject to the TOU. 3. No Unlawful or Prohibited Use. As a condition of your use of the Services, you will not use the Services for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the Services in any manner that could damage, disable, overburden, or impair any Fish Tank server, or the network(s) connected to any Fish Tank server, or interfere with any other party s use and enjoyment of any Services. You may not attempt to gain unauthorized access to any Services, or accounts, computer systems or networks connected to any Fish Tank server or to any of the Services, through hacking, password mining or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Services. You hereby represent and warrant that you have all requisite legal power and authority to enter into and abide by the terms and conditions of this TOU and no further authorization or approval is necessary. You further represent and warrant that your participation or use of the Services will not conflict with or result in any breach of any license, contract, agreement or other instrument or obligation to which you are a party. 4. Use of Services. You agree that when participating in or using the Services, you will not: a. Use the Services in connection with contests, pyramid schemes, chain letters, junk , spamming or any duplicative or unsolicited message (commercial or otherwise); b. Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others; 3

4 c. Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, obscene, indecent or unlawful topic, name, material or information on or through Fish Tank Services; d. Upload, or otherwise make available, files that contain images, photographs, software, or other material protected by intellectual property laws, including, by way of example, and not as limitation, copyright or trademark laws (or by rights of privacy or publicity) unless you own or control the rights thereto or have received all necessary consent to do the same; e. Use any materials or information, including images or photographs, which are made available through the Services in any manner that infringes any copyright, trademark, patent, trade secret, or other proprietary right of any party; f. Upload files that include viruses, Trojan Horses, worms, time bombs, cancelbots, corrupted files, or any other similar software or programs that may damage the operation of another s computer or property of another; g. Download any file(s) that you know, or reasonably should know, cannot be legally reproduced, displayed, performed, and/or distributed in such manner; h. Restrict or inhibit any other user from using and enjoying the Services; i. Harvest or otherwise collect information about others, including addresses, without the authorization or consent of the disclosing party; j. Violate any applicable laws or regulations; and k. Create a false identity for the purpose of misleading others. 5. Fish Tank reserves the right at all times to disclose any information about you, your participation in and use of the Services as Fish Tank deems necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in Fish Tank s sole discretion. 6. Confidentiality. a. You acknowledge and agree that during your participation in and use of the Services you may be exposed to Confidential Information. Confidential Information shall mean all information, in whole or in part, that is disclosed by Fish Tank, or any participant or user of the Services or any employee, affiliate, or agent thereof, that is nonpublic, confidential or proprietary in nature. 4 Confidential Information also includes, without limitation, information about business, sales, operations, know-how, trade secrets, technology, products, employees, customers, marketing plans, financial information, services, business affairs, any knowledge gained through examination or observation of or access to the facilities, computer systems and/or books and records of Fish Tank, any analyses, compilations, studies or other documents prepared by Fish Tank or

5 otherwise derived in any manner from the Confidential Information and any information that you are obligated to keep confidential or know or has reason to know should be treated as confidential. b. Your participation in and/or use of the Services obligates you to i. maintain all Confidential Information in strict confidence; ii. not to disclose Confidential Information to any third parties; iii. not to use the Confidential Information in any way directly or indirectly detrimental to Fish Tank, or any participant or user of the Services. c. All Confidential Information remains the sole and exclusive property of Fish Tank or the respective disclosing party. You acknowledge and agree that nothing in this YOU or your participation or use of the Services will be construed as granting any rights to you, by license or otherwise, in or to any Confidential Information or any patent, copyright or other intellectual property or proprietary rights of Fish Tank or any participant or user of the Services. 7. Participation In or Use of Services. You acknowledge that you are participating in or using the Services at your own free will and decision. You acknowledge that Fish Tank does not have any liability with respect to your access, participation in, use of the Services, or any loss of information resulting from such participation or use. 8. Exclusion of Incidental, Consequential and Certain Other Damages. To the maximum extent permitted by applicable law, in no event shall Fish Tank or its subsidiaries (whether or not wholly-owned), affiliates, divisions, and their past, present and future officers, agents, shareholders, members, representatives, employees, successors and assigns, jointly or individually be liable for any direct, special, incidental, indirect, punitive, consequential or other damages whatsoever (including, but not limited to, damages for: loss of profits, loss of confidential or other information, business interruption, personal injury, loss of privacy, failure to meet any duty (including good faith or of reasonable care), negligence, and any other pecuniary or other loss whatsoever) arising out of or in any way related to the participation in or inability to participate in or use of the services, the provision of or failure to provide services, or otherwise under or in connection with any provision of this agreement, even in the event of the fault, tort (including negligence), strict liability, breach of contract or breach of warranty of Fish Tank, and even if Fish Tank has been advised of the possibility of such damages. 9. Termination. Fish Tank reserves the right to terminate any Service at any time. Fish Tank further reserves the right to terminate your participation in and use of any Services, immediately and without notice, if you fail to comply with the TOU. 5

6 If you choose to terminate the Service at any time, a 30-day notice is required to be provided to Fish Tank. 10. Payment. A member can pay for their membership in two ways, depending on their membership option: a. The member is automatically charged through a recurring electronic monthly payment via ACH (Automated Clearing House) Payment Service; b. The member pays one-year membership in full, and the beginning of the membership year. 11. Indemnification. You release, and hereby agree to indemnify, defend and save harmless Fish Tank subsidiaries (whether or not wholly owned), affiliates, divisions, and their past, present and future officers, agents, shareholders, members, representatives, employees, successors and assigns, jointly and individually, from and against all claims, liabilities, losses, damages, costs, expenses, judgements, fines and penalties based upon or arising out of your negligent actions, errors and omissions, willful misconduct and fraud in connection with the participation in or use of the Services. You further agree that in the event you bring a claim or lawsuit in violation of this agreement, you shall be liable for any attorneys fees and costs incurred by Fish Tank or its respective officers and agents in connections with the defense of such claim or lawsuit. 12. Severability. In the event that any provision or portion of this TOU is determined to be invalid, illegal or unenforceable for any reason, in whole or in part, the remaining provisions of this TOU shall be unaffected thereby and shall remain in full force and effect to the fullest extent permitted by applicable law. 13. Additional General Terms. By signing this TOU, you furthermore agree to the following additional terms and conditions of your membership: a. Obstruct any entranceway, create any circumstances of disrepair or damage any Fish Tank property or Premises; b. Bring any pets onto Fish Tank Premises, unless you have a specific need for visual assistance; c. You shall not cause any unnecessary janitorial labor or services by reason of your carelessness or indifference in the preservation of good order and cleanliness. d. No cooking shall be done or permitted on the Premises, nor shall the Premises be used for lodging (the use of a coffee maker and microwave are, however, permitted uses); 6

7 e. Upon the termination of Services, you shall deliver all Fish Tank key cards which shall have been furnished to you. In the event of the loss of any key cards so furnished, you shall pay Fish Tank therefore. You shall not make, or cause to be made any such keys cards, you shall order all such keys cards solely from Fish Tank and you shall pay Fish Tank for any additional such keys over and above the set(s) of keys originally furnished by Fish Tank. Additionally, in the case of lost key cards, Fish Tank can replace the card during business hours only, which include: Monday Thursday 8 am 5 pm, Friday 8 am 4 pm; f. You shall cause all doors to the Premises to be closed and securely locked before leaving the building; g. You shall cooperate fully with Fish Tank to assure the most effective operation of the Premises or the Building s heat and air conditioning, and shall refrain from attempting to adjust any controls. h. Fish Tank reserves the right to close and observe the same holidays observed by the Columbus Chamber of Commerce. In the event of a closing, Fish Tank will provide communication to you with advanced notice. I hereby acknowledge that I have read and understood all of the terms and conditions contained in this TOU (including the attached Community Norms) and further agree to be bound to the TOU and Community Norms regarding my participation in and use of the Services. Signature: Date: Name (Printed): 7

8 Fish Tank Community Norms We are excited that you are becoming a part of our Fish Tank Community. As members of the Fish Tank Community, it is important that we respect the space, and each other. We (and your fellow members) encourage and expect you to take pride and ownership in your community by adhering to the following community norms: 1. The single biggest benefit of Fish Tank membership is access to your fellow members. We absolutely encourage Fish Tank members to make connections, collaborate, share ideas, provide advice, and generally make cool stuff happen. We encourage Fish Tank members to buy/sell goods and services from each other. But members may NOT spend their days directly soliciting other members. It s just annoying and may result in cancellation of your membership. 2. Mama always said, there s no use crying over spilled milk. But if you spill the milk, make sure to clean it up. Feel free to use the kitchen We all have to feed ourselves. But please ensure that the crumbs and wrappers end up in the trash can, and the dishes end up clean and put away. 3. The refrigerator is free to anyone to use, but only take what is yours. Other items in the refrigerator belong to the Chamber staff and other Fish Tank members, and are not free-for-all items. However, the soda and water in the refrigerator can be purchased for $1. 4. Sharing is nice, but please do not share your keycard. Fish Tank keycards are not transferable and should not be given to anyone else for any reason. 5. Please label and date the food you put in the refrigerator. The friendly Fish Tank staff reserves the right to throw anything in the refrigerator away, including breakthrough science experiments. 6. Fish Tank provides access 24/7 for its members. Please always enter through the blue back door, and swipe your keycard. 7. The parking lot adjacent to Fish Tank is for Chamber employees and building tenants only. However, free parking is available across the street, at the library. 8. Every person using Fish Tank must be a paid member. Exceptions: non-members can use Fish Tank if they are meeting Fish Tank members for business-related meetings or if the nonmembers have purchased a Day Pass. Members are absolutely accountable for the conduct of their guests. 9. We re excited to share this space with you, but we re not excited to share your mess. Please remember that the Fish Tank is a shared space, which means others will be using it as well. It is important that you take everything with you when you leave, including belongings and trash. 10. We invite you to use the conference rooms as needed, but they must be reserved. Please, no conference room squatting. Please clean up after using a conference room. If you re-arrange the furniture in the conference room, we expect that you will return it to the original set-up when you re finished. 11. No one likes a Chatty Cathy Please be mindful of others when using a cell phone, and make sure to keep it on vibrate so that no one has to hear your Star Wars ring tone repeatedly. 12. We welcome your feedback! As a co-working community, we encourage two-way communication between our members and our staff. If you have ideas or suggestions, please feel free to share them with us. I agree to these Fish Tank Community Norms and to take pride and ownership in the Fish Tank. Signature: Date: Name (Printed): 8