Legal Agreement: Terms of Service
MEMBERSHIP TERMS AND CONDITIONS
830 High, LLC, a Georgia limited liability company (“830 High”) is (the “Manager”) of the premises located at 830 High Street, Macon, GA. (the “Premises”) Any individual, business, or other entity who pays to utilize the facilities with 830 High, is considered a member (hereinafter “Member”) and agrees to be bound by the following Terms and Conditions. Members are responsible for the conduct of their guests and invitees, which are also to follow rules applicable to them. The Terms and Conditions (“Rules”) are applicable during the term the membership and are as follows:
1. Fees – Each Member must timely pay his or her membership fee and usage and overage charges as obligated to do so under their respective terms. A Member must pay his or her first (1st) membership fee at the time of the acceptance of their Application by the manager for 830 High the Manager and on that date each month thereafter.
2. Underwriting – The Manager may require applicants to submit to credit and /or background checks. If requested, the applicant will submit and pay for the cost of such checks by a vendor suitable to the Manager. The Manager may also require an in-person interview prior to accepting an applicant to 830 High. Manager reserves the right to refuse membership based on any of this underwriting material at its sole discretion.
3. Term – If a Member selects a Coworking or Hot Desk Membership, the term of his or her membership is effective from the date of acceptance of application and signing of this Agreement online. Membership will automatically renew each month unless sooner terminated as provided herein.
4. Access – Each Member will be provided with access to the collaborative workspace through the Proximity Space app that they download onto their phones. The Premises will be accessible per the membership level, seven (7) days a week, subject to closure for repairs, maintenance, special events and any other closure deemed necessary by the Manager.
5. Inclusions – Members will be provided with temperature-controlled, first-come, first-served workspaces, including high-speed, wireless internet access.
6. Parking – The yearly lease tenants will be provided dedicated parking space. Remaining spaces at 830 High will be available on a first come, first serve basis. 830 High reserves one space for its representatives.
7. Professional Office – The Premises are professional offices and to be used solely for professional business purposes and activities. All activities shall be in compliance with all applicable laws, ordinances and governmental regulations. At all times, when the Member is on the Premises, the Member and their invites shall display professional and respectful conduct and shall not act in any way that may unreasonably disturb other Members and occupants located on the Premises. The Member shall not use the Premises for any illegal or unlawful purpose nor commit any illegal or unlawful act while on the Premises.
8. Courtesy – Coworking requires a special commitment to kindness, thoughtfulness, and courtesy. Members shall be courteous and kind at all times to their fellow Members, guests, and management.
9. Citizenship – Each Member will exercise stewardship while on the Premises and will avoid unnecessary waste, recycle used items, and conserve energy by turning off lights and leaving the thermostat to run automatically.
10. Truthfulness – 830 High will operate an honor system for some amenities. Each Member agrees to track and truthfully report the materials he/she uses while at the Premises. It is vital that all Members be honest about the materials they use so that these amenities can continue to be offered as part of the membership. These materials will be billed to the respective Member in arrears at least on a quarterly basis.
11. Financial Accountability – If a Member’s automated payment fails to process, the Manager will promptly notify that Member to make the payment by alternate means, and such payment must be made by the Member within ten (10) days of the notification. Repeated failures of automatic payments will result in termination of a Member’s membership.
12. Accountability – Each Member shall be accountable for his/her actions while on the Premises as well for the actions of any and all guests that he invites. If a Member or one of the guests causes harm or damage to the Premises, its Members, or the personal property of its Members, the responsible Member must promptly report the harm or damage to the Manager, volunteer information about the harm or damage, and pay for any and all expenses to remedy the harm or damage.
13. Privacy – By its very definition, a shared workspace does not provide complete privacy. Instead, the Members must practice elective privacy. It is up to each Member to secure any confidential information of Member or that of his customers, vendors and guests (“Confidential Information”). Furthermore, each Member agrees to keep any Confidential Information he/she inadvertently obtains from his/her fellow Members private, and never to share, reproduce, or use such Confidential Information. This provision shall survive the termination of a Member’s membership in 830 High.
14. Noise – Each Member must keep ambient noise to a minimum. For example, each Member must use headphones for any music and never play amplified music or use speakerphones for telephone calls. Further, when possible, Members should use a private office or a phone booth for telephone calls.
15. Pets – No Member may bring pets to the Premises.
16. No Smoking – The Premises are smoke free.
17. Offices and Conference Rooms -Offices and Conference Rooms are available by reservation only. To make reservations, Members must sign up using the online management software system. Reservations for Offices and Conference Rooms are taken on a first-come, first service basis. At the conclusion of the reservation time, the Member must clean up and reset the space.
18. Insurance – 830 High does not provide any insurance coverage for any materials that Members bring into or leave to the Premises. 830 High shall be held harmless from all liability for theft, loss, or damage to any materials that Members bring into or leave at the Premises. Members are advised to obtain appropriate insurance coverage to adequately cover their personal possessions and liabilities.
19. Safety – Members must keep the Premises clean and safe. All Members must refrain from doing anything that endangers himself or anyone else while at the Premises.
20. Cleanliness – Members must immediately wash any dishes they use. Any items that a Member places in the refrigerator must by clearly marked with name and date.
21. Food and Drink – 830 High is not licensed in any way to serve food or beverages. If a Member consumes any food or beverages at the Premises, he/she does so at his/her own discretion and risk. 830 High shall have no liability for illness or accidents.
22. Termination – A Member’s membership with 830 High may be terminated as follows: a. Termination by a Member – A Member may terminate membership by giving thirty (30) days written notice to Manager. Notice must be given in a format that allows Manager to acknowledge receipt. Manager receipt is required for termination. b. Termination by Manager – If a Member violates the Terms, Conditions and Rules of 830 High, in the Manager’s sole and complete determination, the Manager may then terminate that Member’s membership without prior notice and without a refund of prepaid membership fees.
23. Not a Lease – Membership in 830 High is a service providing use of space and is not a lease of real property.
24. Disclaimers – 830 High disclaims all warranties and conditions, whether express, implied, or statutory, including but not limited to merchantability or fitness for a particular purpose or use. The entire risk of the quality of a Member’s participation in or use of the Premises remains with the Member.
25. Disclosure – 830 High may disclose information about the Members and/or their participation in 830 High as it deems necessary to satisfy any applicable law, regulation, legal process, or governmental entity’s request. 830 High may publish, in its sole discretion, information about the Members and/or their businesses, including but not limited to their names, industries, titles, and URL’s. 830 High has the right to take photographs of 830 High in which the Members and /or their property are featured and to use these photographs at the discretion of the management of 830 High.
26. Indemnity – Each Member shall release, and hereby agrees to indemnify, defend and save harmless, 830 High and its employees, owners, agents and invitees jointly and severally, from and against any and all claims, liabilities, losses, damages, costs, expenses, judgements, fines and penalties based upon or arising out of the Member’s participation in or use of the Premises other than gross negligence of 830 High.
27. Contact – All formal contact with the Manager regarding 830 High will be made as follows until otherwise notified: Wimberly Treadwell 241 Stonehill Road Forsyth, GA 31029 Email: firstname.lastname@example.org 28. Interpretation and Enforcement – By signing this Agreement, you represent that you have the authority to enter into this agreement and not violating any agreement you have with another party as it may relate to this agreement. You also agree that membership in the Premises does not empower you to make binding representations or agreements on behalf of 830 High.
Signature of Member
Printed Name of Member