Legal Agreement: Terms of Service

Acceptance of Agreement: The Services Crew Workspace (CW) provides to you, the undersigned Member, including but not limited to building access, use of office space, access to Internet, and the other Services listed below, are subject to the following Membership Agreement (the Agreement). The most recent Agreement will be made available upon request. Members will abide by the Agreement, as well as other terms determined by CW staff, which may be communicated verbally, by email or written notice. CW reserves the right to add, delete or amend the Agreement at our reasonable discretion without notice to Member. Members continued use (Membership) of CW facilities and services following any changes to the Agreement constitutes your acceptance of such new term(s). TERMINOLOGY USED IN THIS DOCUMENT "CW" refers to Crew Workspace, LLC, an Oklahoma limited liability company, its ownership or affiliates. "Member" refers to the undersigned Member of Crew Workspace. "Member Organization" refers to any business entities associated with Member. "Premises" means the building or portion of the building located at 619 W. Main St., Oklahoma City, OK 73102, in which CW offers or plans to offer workspace and/or other services and amenities. "Services" refer to the services and amenities provided by CW. "Guest"(s) are all non-Members who are invited into the workspace. COWORKING BEST PRACTICES CW workspace is a shared, collaborative, and open workspace. In order for everyone to peacefully co-exist, there are some best practices that we should all follow: Be considerate and respectful of others. When you are finished using something, put it back the way you found it. Push chairs back in, clean off work spaces, and erase white boards. Always keep in mind you are sharing the space with others. Phone calls in the open space are fine, just talk at a normal volume and be aware it's an open space with the associated background noise. If you need privacy, are practicing aggressive negotiations or you have to yell at someone, use the phone room, take a walk outside or use the insulated quiet of your car. Or, if you get disturbed easily by someone on a call, a good set of headphones are a must. If you are on the phone a lot using your booming sales voice, a private office is your best Membership option. Keep our space clean. When you leave, another person will most likely sit at that same spot. So please keep it clean and trash your trash. Note that the refrigerator is emptied every Friday. Members are not allowed to bring Pets in to the CW workspace. This is for health, safety, and allergy reasons. We have many Members with diverse needs and allergic reactions, plus food, drink and a full kitchen, which creates health concerns with pets on the Premises. If, however; you plan to work outside, utilizing our patio area, small pets are welcome in that setting. In that regard, see the guidelines regarding registering your pet. Keep your pets leashed and never leave them unattended. Your pet should not be a disturbance to others. You are responsible for any mess your pet makes. We are a community, let us know of suggestions on how we can make the CW workspace better. A CW staff member is generally available and front doors are open from 8-5 pm. If you see someone that appears that they shouldn’t be in the building, tell a CW staff member. NO UNLAWFUL OR PROHIBITED USE As a condition of Membership in CW and use of the Services, Member will not use the Services for any purpose that is unlawful or prohibited in this Agreement. Member may not use the Services in any manner that could damage, disable, overburden, or impair the property of CW or of other Members or that prevents other Members from enjoying the CW workspace, or that would damage the reputation or business of CW and the CW workspace, including, without limitation, defaming, threatening or violating the legal rights of others, posting inappropriate, profane, indecent, or unlawful material or information, or reproducing or using the CW brand to deceive or manipulate others. In addition, a Member may not use the Services in any manner that could damage, disable, overburden, or impair any CW server, or the network(s) connected to any CW server, or interfere with any other party’s use and enjoyment of any Services. Member may not attempt to gain unauthorized access to any Services, or accounts, computer systems or networks connected to any CW server or to any of the Services, through hacking, password mining or any other means. Member may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Services. ACCEPTABLE USE POLICIES The undersigned Member agrees to abide by the following as well as enforce the following with any guests of Member. Do not upload files that contain 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. Do not 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 Member owns or controls the rights thereto or have received all necessary consent to do the same; Do not use any material 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. Member will not download any file(s) that cannot be legally reproduced, displayed, performed, and/or distributed in such manner; Do not restrict or inhibit any other user from using and enjoying the Services. Do not violate any guidelines which may be applicable for any particular Service. Will not harvest or otherwise collect information about others, including email addresses, without the authorization or consent of the disclosing party. Will not violate any applicable laws or regulations. Will not create a false identity for the purpose of misleading others. Will not allow any guest(s) or such Members to enter the building without registering such guest(s) according to our policies. Use the Services in connection with contests, pyramid schemes, chain letters, junk email, spamming, any duplicative or unsolicited message (commercial or otherwise); Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others; Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, obscene, indecent or unlawful topic, name, material or information on or through CW servers; Perform any activity that is reasonably likely to be disruptive or dangerous to other Members, their guests, or their property Use the Services to conduct or pursue any illegal activities Use the Services to conduct any activity that is generally regarded as offensive Attach or affix any items to the walls, install antennas, or telecommunication lines or devices in the office space or bring additional furniture into the office space, in each case without our prior written consent; Misrepresent himself or herself to the CW community, either in person or online Take or copy information belonging to other Members or their guests Use the name “Crew Workspace” or use pictures or illustrations of the Premises in any advertising, publicity or other purpose, without our prior written consent; Use the office space in a “retail,” “medical,” or other nature involving frequent visits by Members of the public; SERVICES Subject to the terms of this Agreement, CW will provide each Member services depending upon Membership type, including, but not limited to those described below. These services are referred to in this Agreement as the “Services.” Building Use. Access to the shared or private office space specified in the Membership Details form based upon Membership type. All Memberships include use of the kitchen, phone booths, event space, and meeting rooms. Upon completion of the Membership Agreement, Member will receive a key, which will allow access to CW 24/7. DayPass and Guests excluded. A CW staff person will be onsite from 8:00am-5:00pm on weekdays. Access to the shared or private office space specified in the Membership Details form. CW Furnishings. CW provides Members, day pass, guests, and single day use Members with the use of furnishings, including, but not limited to printers, desks, tables, chairs, lights, appliances, drink ware, whiteboards, video conferencing equipment, phones and monitors. All of such CW furnishings provided are the sole property of CW. CW furnishings may never be removed from CW and may only be moved upon approval of CW staff. Any damage to CW furnishings by Member are the sole responsibility of the Member. Member may be liable for the full replacement cost of any items damaged by Member or Member guests. Any damage to CW furnishings by Guests are the sole responsibility of the Member. CW does not guarantee CW furnishings for any particular purpose or usage. Notwithstanding anything hereinabove to the contrary, certain types of Memberships will allow the Member to purchase CW furnishings provided to the Member. In that regard, the purchase price for the CW furnishings will be included as part of the Membership cost and will be amortized the during the term of this Agreement. At the end of the Member's term, the CW furnishings will become the property of the Member and the Member may remove the furnishings from the Premises at the end of the Member's term. The details of such purchase are further set forth in the Membership Details form attached hereto. Member Furnishings and Belongings. For Membership types that allow the Member the option to purchase CW furnishings provided to the Member, such as those Memberships that provide for the reservation of a dedicated desk or private office, any Member that elects not to purchase CW furnishings provided to the Member must get CW approval before such Member is allowed to use its own furnishings. Such furnishings must meet CW's standards. CW may withhold its approval of the use by a Member of its own furnishings in CW's sole discretion. If CW allows a Member to use its own furnishings, the Member will receive a discount on its monthly Membership in as provided in the Membership Details form attached hereto. Member furnishings and belongings must be left within their reserved space only. CW is not responsible in any way for damages, loss, theft, or any other incident with respect to Member furnishings or belongings. Members should safeguard their furnishings and belongings. Shared Conference/Meeting Rooms: Subject to availability, Members are entitled use of all conference rooms during CW regular business hours on regular business days. Special arrangement must be made with CW staff for usage of conference rooms outside of regular business hours. Members are entitled to a number of meeting room hours per month specified in the Membership Details form. All monthly Memberships include meeting room hours which can be used to reserve available meeting rooms. Hours can be used in any of our meeting rooms that are available. Check Membership type for the number of hours included in your Membership. Additional reserved time past the included hours is billed at current prevailing rate available on the CW Member portal. Conference room hours are only valid for the month in which they are allocated. No month to month roll overs or pre-usage of future hours are allowed. DayPass/Guests/Single Day Use Members have NO reserved conference room or meeting room hours included in their Membership. Any conference or meeting room usage is billable at the current prevailing rate for non-Members and usable during standard office hours only. Shared Space: There are shared spaces and common areas that can be used by all Members regardless of Membership type. Shared spaces can be used by our Members and guests on a temporary basis regardless of Membership type. Reserving desks or work areas in the shared spaces is not required. Personal and work items should not be left overnight, and all work areas used by Members should be cleaned and items removed when finished working. CW is not responsible for items lost or stolen from the common areas. Members should never leave their possessions unattended. Events: From time to time, CW will have events in the shared spaces or meeting rooms. Members are invited to all events. All events will be advertised in advance in the CW Member portal. Private Office: Some Membership Agreements will contain occupancy of private spaces including private offices. Member acknowledges that office space has a limited capacity, and no more than that capacity is permitted to work in private office space at any given time regardless of the number of additional Members included in Members account. Office space capacity is listed on the Membership Details form. Guests. CW allows guests (visitors) for all Members. All non-Member visitors must possess and display a valid visitor pass at all times. Members are required to have all non-Member visitors check in with CW staff prior to usage of the space to determine whether applicable usage fees are due for Services used by such non-Member visitors. Mail and Shipment Services. CW will accept mail and deliveries on behalf of Member or Member Organization during regular business hours on our regular business days. CW will receive letters, sign for packages, and place them in reserved space unless otherwise instructed, hereinafter “Receiving Services”. Members may also bring properly labeled and packaged mail and shipments to the front desk for mailing by a CW staff Member, hereinafter “Shipping Services”. Both Receiving Services and Shipping Services vary by Membership type. Facility Maintenance and Cleaning. Regular maintenance and cleaning of the office space will be provided by CW staff. The foregoing does not include cleaning of private office space, unless a separate cleaning contract entered into with CW. Any maintenance resulting from damage, misuse or mistreatment by a Member will be billed to that Member in their next monthly Membership bill at up to the actual cost + 20%. Keys. Specific Membership types include 24/7 access via a digital key, which may take the form of a key card, mobile phone app, fob, or a combination of those methods. Members may not lend out, share, or transfer their digital keys to anyone who is not on the Membership Details form. All keys and card keys are the property of CW and should never be duplicated for any reason. Any lost key cards or fobs will result in a replacement fee. Key access is available at the main entrance only. All exterior doors are to remain closed at all times until expressly open by CW staff. Members with Private offices will access their office using a digital key or a hard key. Members should safeguard CW property. Members will be liable for replacement fees should any such property be lost, stolen or destroyed. Members must return all digital keys and hard keys at the end of their Membership. Failure to account for all keys will result in a fee to replace necessary door locks and systems to maintain workspace security. Network, Internet and IT Infrastructure. Members are entitled to access and use of the CW business- networking site, and unlimited access to and use of the shared Internet connection. The Wired and Wireless networks are shared infrastructure. Network abuse may results in reduction in Member bandwidth. Repeated abuse may result in termination of Membership. Each Member is responsible for completing and updating their Member profile on the CW Member portal site. CW may provide Members with other IT amenities as they become available including but not limited to free storage and backup. CW does NOT make any warranties or guarantees about security and it’s the customer's responsibility to secure their own personal machine with intrusion detection/prevention software (firewall) and antimalware clients. Printers/copiers/scanners and 3D printer: Each Member is granted a monthly allocation for printing depending upon their Membership type. Printing prices are per page based on the printer being used. Print allocation are NOT rolled over from month to month. Printouts and copies in excess of the amount specified are subject to overage fees. Member Portal. CW will provide a Member only portal, which is used for Membership billing, billing history, meeting room and event bookings, event registration, valuable Member only offers and deals, and specific Member only promotions. Member Add-On Services: CW provides add-on services, which can be added on to the cost of your Membership. These services are run either directly through CW or CW affiliates, and may include, but are not limited to, such things as high-end espresso service, compliance and safety services, marketing and sales services, bookkeeping services, graphic design services, and other services. Member Partner Program: The CW partner program (“Partner Program”) is a collective effort to support local businesses. The Partner Program consists of locally-owned businesses, which have voluntarily partnered with CW to provide exclusive services to CW Members. Participants in the Partner Program are considered an extension of CW, and this Agreement applies to the products and services provided by them. Pets: Please review the Pet Policy below. Staff on site: CW staff will be available on-site during regular business hours/days to assist Member Services, including, but not limited to, meeting and event space bookings, guest check in, network or printer issues, mailing services, billing and Member information, Member networking and event registration. “Regular business hours” are generally from 8:00 a.m. to 5:00 p.m. with the exception of days prior to U.S. federal holidays, when our regular business hours end at approximately 2:00 p.m. CW Staff may not always be available during “regular business hours”. MEMBERSHIP Types of Membership: CW Membership can come in many forms from single day passes to multi-month offices. Each Membership type grants Members different levels of CW access and Services. All current CW Memberships are defined on the www.crewworkspace.com web site. Attached hereto as Exhibit A is a document entitled "Membership Details," which sets forth the details of a Member's CW Membership, including, without limitation, the name and contact information of the Primary Member, the Membership type, the Services included based upon a Membership type, the number and names of additional Members, and the fees and dues associated with the Membership. Guest/Day Pass/Single Day Use: Guest/Day Pass/Single day use Members may not be entitled to all of the Services outlined above. Check online or with a CW staff Member for details. Primary Member. A Primary Member has the sole authority to make changes to or terminate this Agreement. A manager or officer of the company has authority to override the request of a Primary Member, provided that CW receive such request within 24 hours following such Primary Member’s request. A manager or officer of the company has the authority to remove or replace the current Primary Member designated by the company. CW will be entitled to rely on communications to or from such person as notice from or to the company. CW is entitled to request reasonable information to confirm that an individual is indeed a manager or officer of the company. Membership Payment and Authorization. Member authorizes CW to accept payment of all amounts specified in this Agreement solely by credit card on a recurring basis via CW's Member portal or direct withdrawal from Primary Member bank account. If Member pays via credit card, Member shall promptly inform CW of any changes to such credit card and ensure credit card information is updated prior to its expiration date. Such changes can be made via CW's Member portal. If Member pays via direct withdrawal, Member shall deliver to CW a voided check from its account, maintain sufficient money on account to pay fees described in this Agreement and inform CW promptly of any changes to the account. Only a single checking or savings account or credit card account may be used at any given time to make payments under this Agreement. If payment via credit card fails on two occasions, CW may require you to make payments via direct withdrawal. A failed credit card payment or failed direct withdrawal may result in a late payment or insufficient funds fee. The CW Member portal will provide a viewing of the Members current, monthly charges, including, but not limited to, additional services such as shipping charges, retail charges, printing fees, meeting room fees, and event space fees. Payment Contact and Account Changes: Member shall promptly notify CW of any change to Primary Member contact and payment information. Security Deposit. A security deposit will be required depending upon the Membership type and will be set forth in the Membership Details form. The security deposit must be paid prior to, or on, a Membership's start date. The security deposit is not intended to be a reserve from which fees may be paid. In the event Member owes CW other fees, they will not be deducted from the security deposit, but must pay them separately. The security deposit amount must remain the same for the duration of this Agreement. Upon termination of Membership, the security deposit may be applied to repairs resulting from any damage caused by Member or any amounts due. Any balance remaining on the security deposit will be returned to Primary Member no later than thirty (30) days following the termination of this Agreement, subject to the complete satisfaction of your obligations under this Agreement. Fees. CW may assess fees for, but not limited to, outstanding balances, late fees, past due payments, overage fees, and insufficient funds. CW fees are listed below and will be set forth in the Member portal. Commitment Fee. Upon submitting a signed and completed Agreement, Member may be obligated to pay a nonrefundable commitment fee to hold certain Memberships prior to their start day, each in the amount indicated on the Membership Details form. Without commitment fees, spaces assigned to Memberships with future start dates cannot be guaranteed. Your commitment fee is a percentage of the Membership cost and is your guarantee to hold a space. On the Membership start date, any pre-paid commitment fee will be applied to security deposits due. Late Fees. If payment for monthly Membership fee(s) or any other accrued and outstanding fee(s) is not made within 5 days of the invoice date, you will be assessed a late fee. Insufficient Funds Fees. Should Members payment be returned for insufficient funds or invalid credit card information, a charge will be added to the current bill and the total amount due for the current month will be increased by said charge. Repair and Replacement Fees. If CW property is damaged, stolen, lost or beyond repair, the Member will be required to pay all repair or replacement costs. Overage Fees. Membership entitles Members to a certain number pre-paid Services as specified on the Membership Details form. Members exceeding allocated amounts will be responsible for paying fees for such overages. The current fee schedule will be listed online at the Member portal. Outstanding Fees. CW may withhold services or terminate this Agreement if any outstanding fees are not paid on the due date. When CW receives funds from you, CW will first apply funds to any balances which are in arrears and to the earliest month due first. Once past balances are satisfied, any remaining portion of funds received will be applied to current fees due. Changes to Fees. Membership fees may be subject to increases during the term of this Agreement. Other service fees are subject to increase from time to time. CW will notify Members at least thirty (30) days prior to fee increases. Membership Charges: During the term of this Agreement, CW will process payment for your Membership fee and other outstanding fees, in advance. The Membership fee covers Memberships for only the number of Members indicated. Additional Memberships will result in an increased Membership fee. Billing Schedule. All Membership invoices will be generated on or about the 25th of the month for the next month’s Services and will be available to the Primary Member via the CW Member portal. It is the Member's responsibility to review all charges and notify CW of any discrepancies. CW will charge or debit Member’s accounts on the 1st day of every month, or, if that day is a weekend or a holiday, on the next applicable business day, for all charges due for the next month and any overages from the previous month. All payments must be received in full at that time, and all unpaid Member accounts at the end of the 5 days shall be delinquent. Member Delinquency: Member hereby acknowledges that late payment by Member to CW of fees or other sums due hereunder will cause CW to incur costs not contemplated by this Agreement, the exact amount of which will be extremely difficult to ascertain. Such costs include, but are not limited to, processing and accounting charges, and late charges, which may be imposed. Accordingly, if any installment of fees or any other sum due from Member shall not be received by CW by the due date, then, in addition to a late, the Member shall pay to CW any reasonable attorneys’ fees incurred by CW by any reason of Member's failure to pay fees and/or other charges when due hereunder, and such installment of fees and other past due charges shall bear interest at the rate of ten percent (10%) per annum from the date due until paid in full. The parties hereby agree that such late charges represent a fair and reasonable estimate of the cost that CW will incur by reason of the late payment by Member. Acceptance of such late charges by CW shall in no event constitute a waiver of Member's default with respect to such overdue amount, nor prevent CW from exercising any of the other rights and remedies granted hereunder, including CW's right to terminate Member's Membership. Refunds: CW fees are not refundable once payment is processed unless billing errors occur. Refunds may be issued for security deposits when there are no services or maintenance that would apply to the deposit and no additional outstanding fees. Updating the Member List/Directory. You are responsible for maintaining the accuracy of the names of the Members on the Member List included on the Membership Details. If you have any changes to the individuals designated as Members, before such changes take effect, the primary Member must email CW. In this email, the primary Member must include the name(s) and email address(es) of the departing and new Member(s) and the effective date of this change. Only those individuals set forth on the Member List will be deemed to be “Members” and entitled to the benefits described in this Agreement. If the number of Members exceeds the number allocated on the Membership Details form, you will be required to pay the additional fee described on the Member List. CW reserves the right to limit the number of additional Members in connection with this Membership Agreement. Notice of changes. CW will provide notice to Members of any changes to services, fees, or other updates to the email addresses provided. It is your responsibility to read such emails and keep your e-mail address updated with CW. MEMBERSHIP TERM AND TERMINATION Term. This Agreement will be effective once signed by Member. Member will be entitled to the Services and benefits of CW once payment is made by Member of all deposit and Membership fees. Each Membership will begin on the later of the Start Date specified in the Membership Details Form. Each Membership will terminate upon the earlier of the termination of the Agreement, or our notification to you that a Member violated these Terms and Conditions. If the Start Date is a Business Day, the Members will be entitled to move into the office space on the Start Date. If the Start Date is not a Business Day, the Members will be entitled to move into the office space on the first Business Day after the Start Date. Cancellation Prior to Start Date By You. You may cancel this Agreement prior to the Start Date upon delivery of notice to CW and may be entitled to a full or partial refund of the commitment fee upon the following terms: (i) if notice of termination is received by CW more than twenty one (21) days prior to the Start Date, you will be refunded all fees paid by you and received by CW; and (ii) if notice of termination is received by CW less than twenty one (21) days from the Start Date, you will be refunded fifty percent (50%) of the commitment fee. Termination After the Start Date by You. You may terminate this Agreement by delivering to CW an exit form executed by the Primary Member at least thirty (30) days prior to the termination if your Membership term is 7 months or longer. Otherwise, if your Membership term is 2-6 months, then you may terminate this Agreement by delivering to CW an exit form executed by the Primary Member at least sixty (60) days prior to the termination You expressly agree that you may specify only the last business day of the calendar month as the termination date and you will not be entitled to pro ration with respect to such last month’s Membership fee. This paragraph also applies to changes of office space within the Premises initiated by you. On such last business day, you must vacate the office space no later than 4:00 p.m. Termination After the Start Date by CW. CW may immediately terminate this Agreement: upon breach of this Agreement by you or any Member; upon termination of our rights in the Premises; or at any other time, when CW, in our reasonable discretion, see fit to do so. You will remain liable for past due amounts and CW may exercise our rights to collect due payment despite termination of this Agreement. Early Termination Fee: For Members who have negotiated terms based on agreements longer that a single month, CW reserves the right to charge Member an Early Termination Fee up to one month’s full Membership fee. Members who inform CW of the termination of their agreement at least 30 days in advance for Membership terms 7 months or longer or at least 60 days in advance for Membership terms between 2 and 6 months in duration may not be subject to an Early Termination Fee. Removal of Property upon Termination. Prior to the termination of this Agreement, you will remove all of your, the Members’, and their guests’ property from CW. After providing you with reasonable notice, CW will be entitled to dispose of any property remaining in or on the office space after the termination of this Agreement without any obligation to store such property, and you waive any claims or demands regarding such property or our handling of such property. You will be responsible to pay any fees reasonably incurred by CW regarding such removal. Following the termination of this Agreement, CW will not forward or hold mail or other packages delivered to CW. OTHER MEMBERS/MEMBER DISPUTES The CW workspace is an inclusive, shared environment and discrimination or harassment of any kind based on age, gender, sexual orientation, race, ethnicity or any other factor will not be tolerated. Furthermore, Members or their guests agree to show others respect with respect to playing loud music, having loud phone calls in public spaces, and engaging in any other activities which may be potentially disruptive, offensive, rude, or obnoxious to others. CW does reserve the right to terminate Membership immediately, without refund, if any Membership dispute becomes disruptive. TECHNOLOGY RELEASE In order to utilize all the Services offered by CW, it may be necessary to install or run software on a Member’s computer. In addition, from time to time, at a Member’s request, CW or an affiliate may troubleshoot problems a Member has access to certain Services such as Printing, Wi-Fi and Storage. Regarding the foregoing, you agree that CW and our affiliates are not responsible for any damage to any Member’s computer system related to such technical support or downloading and installation of any software. CW does not assume any liability or warranty in the event that any manufacturer warranties are voided and do not offer any verbal or written warranty, either expressed or implied, regarding the success of any technical support. INSURANCE You are responsible to maintain, at your own expense, personal property insurance and commercial general liability insurance covering property loss and damage, injury to the Members and the Members’ guests and prevention of or denial of use of or access to, all or part of the Premises in form and amount appropriate to your business. CW must be named as additional insureds on any such policies of insurance. You shall provide proof of insurance upon our request. PET POLICY AND LIABILITY RELEASE Members are not allowed to bring Pets in to the CW workspace. If, however; you plan to work outside, utilizing our patio area, small pets are welcome in that setting. Accordingly, Members may come in contact or close proximity with pets belonging to other Members. To ensure a harmonious and safe work environment for all CW Members (both pets and otherwise), we ask Members who are considering bringing their pets to work outside, utilizing our patio area, to abide by the following: All Members desiring to bring a pet to CW workspace much complete sign pet waiver below and provide a $125 Pet Deposit. This deposit will be refunded only upon termination of Membership if no additional cleaning or repairs are necessary due to pets. All Pets must be supervised at all times, clean and not smell, and already be housebroken. Pets must be socialized and well-behaved towards people and other pets. Because not all people get along with pets and not all pets get along with each other, and the patio area is a small space, we reserve the right to limit the number of pets that may be outside utilizing our patio area at any given time on any given day. If your pet is selective in whom they consider their friend(s), you may wish to leave him/her at home. Pet owners are responsible for assuring pets are clean, and that they do not disturb Members or negatively impact productivity and concentration. This includes barking, pawing, whining or other demands for attention. Pets must be current on their vaccinations and be flea and tick free. Prior to bringing pets to CW, Member must provide proof of vaccination in a form satisfactory to CW. CW may choose to limit the number of pets that may be outside utilizing our patio area at any given time on any given day. CW may implement a sign-up and rotation system providing for fair access to all Members if CW receives too many pet requests to utilize the outside patio area. Please always make sure that your pets are leashed and that you clean up after any mess that they may create. Toys that produce loud sounds or squeaks are prohibited. Destructive behavior will not be tolerated. If a pet causes any damage to property it will be asked to leave the Premises and their owner will be liable for any and all costs associated with repairs plus a 5% service charge. In the event of an accident or any damage, it is the responsibility Member bringing the pet to remedy the damage. Member releases CW, and their affiliated or related companies, officers, managers, shareholders, Members, directors, employees, agents, landlords and lessees (hereinafter the “Released Parties”) from any liability resulting from injury to or from pets at CW workspace. CW reserves the right deny entrance to any pet at its sole discretion and for any reason. The undersigned Member plans to bring a pet in CW in the future. The undersigned Member agrees to all of the Pet Policy provisions above. LEGAL DISCLOSURES Information Security. CW will make its best effort to protect all confidential information regarding Member and will endeavor not to share such information with any third party unless required to do so, such as in the case of third party software partners, billing requirements, and or as necessary to satisfy any applicable law, regulation, legal process or government request. CW will not harvest or otherwise collect information about others, including email addresses, without the authorization or consent of the disclosing party. Our Reserved Rights: CW is entitled to access your office space, with or without notice, for maintenance, safety or emergency purposes. During these times, CW may temporarily move furniture contained in the office space. CW reserves the right to move or alter your office space. CW may modify or reduce the list of Services at any time without prior notice or penalty. The Services may be provided by CW, an affiliate or a third party. Class Action Waiver: Any proceeding to resolve or litigate any dispute in any forum will be conducted solely on an individual basis. Neither you nor CW will seek to have any dispute heard as a class action or in any other proceeding in which either party acts or proposes to act in a representative capacity. No proceeding will be combined with another without the prior written consent of all parties to all affected proceedings. Waiver of Claims: To the extent permitted by law, you, on your own behalf and on behalf of your employees, agents, guests and invitees, waive any and all claims and rights against CW, CW affiliates, 3rd parties hired by CW, other Members, assignees, officers and directors resulting from injury or damage to, or destruction, theft, or loss of property or person. Indemnification: You will indemnify CW and our affiliates from and against any and all claims, liabilities, and expenses including reasonable attorneys’ fees, resulting from any breach of this Agreement by you or the Members or their guests or pets or their actions or omissions. If any such claim, action, or proceeding is brought against CW or our affiliates, you, will at your expense, upon written notice from CW, defend such action or proceeding by counsel approved by CW. You are responsible for the actions of and all damages caused by all persons and pets that you, the Members or their guests invite to enter the building. You may be liable for Repair and Replacement fees of the actual cost of the damage + 20%. Limitation of Liability: The aggregate monetary liability of CW or our affiliates to you, the Members or their guests for any reason and for all causes of action, will not exceed the total Membership fees paid by you to CW under this Agreement. CW and our affiliates will not be liable under any cause of action, for any indirect, special, incidental, consequential, or punitive damages, including loss of profits or business interruption. You may not commence any action, or proceeding against CW or our affiliate, whether in contract, tort, or otherwise unless the action, suit, or proceeding is commenced within one (1) year of the cause of action’s accrual. Legal to Enter into Agreement: 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 Membership Agreement 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. Acceptance of Agreement: The Services CW provides to you, the undersigned Member, including but not limited to building access, use of office space, access to Internet, and the other Services listed below, are subject to the following Membership Agreement (the Agreement). The most recent Agreement will be posted online and made available upon request. Members will abide by the Agreement, as well as other terms determined by CW staff, which may be communicated verbally, by email or written notice. CW reserves the right to add, delete or amend the Agreement at our reasonable discretion without notice to Member. Members continued use (Membership) of CW facilities and services following any changes to the Agreement constitutes your acceptance of such new term(s). Non-Disclosure: Member’s presence in the CW workspace may result in the learning of confidential information of CW, its affiliates or of its Members. Such confidential information may include business information, trade secrets, technology, processes, customers, and prospects that are intended to be confidential and proprietary. Out of respect for the work that CW and its Members do, Member agrees not to disclose such information that is obtained at the CW workspace that is intended to remain confidential.