Coworking Space Agreement
Effective Date: January 4, 2021
Your membership (the "Membership"), use of our coworking space (the "Coworking Space"), use of this website (the "Website"), and provision of services on this Website or related to the Coworking Space (the "Membership Services"), provided by Blikken Hut LLC (hereinafter referred to as "Provider"), are subject to this Coworking Space Agreement (hereinafter the "Agreement"), all parts and sub-parts of which are specifically incorporated by reference here.
This Agreement forms a legally binding agreement between you, the Member, and us, the Provider, and governs your access to and use of the Coworking Space, the Website, and the Membership Services.
BY ACCESSING OR USING ANY OF THE MEMBERSHIP SERVICES AND BY SIGNING THIS AGREEMENT YOU AGREE TO BE BOUND AND ABIDE BY THIS AGREEMENT AND ANY AMENDMENTS THERETO. READ THIS AGREEMENT CAREFULLY BEFORE USING ANY OF THE MEMBERSHIP SERVICES, ESPECIALLY SINCE THIS AGREEMENT MAY AFFECT YOUR LEGAL RIGHTS, SUCH AS REQUIRING BINDING INDIVIDUAL ARBITRATION, AND LIMITING YOUR RIGHT TO BRING A LAWSUIT OR CLASS ACTION. IF YOU DO NOT AGREE TO THESE TERMS, PLEASE IMMEDIATELY CEASE USE OF ANY OF THE MEMBERSHIP SERVICES.
Article 1 - DEFINITIONS:
The parties referred to in this Agreement shall be defined as follows:
a) Provider, we, us: We are the organization providing use of the Shared Work & Event Space to you, as well as your Membership. We may offer additional Membership Services to you depending on where you are located. We'll be referred to as Provider, we, or us. If we use pronouns to describe ourselves, they will include our and ours, as well as other first-person pronouns. These terms will apply to us as well as all of our employees.
b) You, the Client, the Member: You are the Client utilizing the above-mentioned Membership Services. You'll be referred to as you, the Client, or the Member. If we use pronouns to refer to you, we'll use your and yours.
c) Parties: Collectively, the parties to this Agreement (us and you) will be referred to as Parties.
d) Coworking Space: The Coworking Space is the communal working space we make available, located at the following address:
27 S Loudoun Street, Lovettsville, VA 20180
Article 2 - MEMBERSHIP SERVICES:
The Membership Services will generally refer to the following services we offer:
- Access to the Coworking Space. The Coworking Space is available at the following days and times, subject to you making appropriate reservations and acknowledging that the actual spaces to be used may vary:
Sunday – Saturday 7am ET – 11pm ET
- Maintenance and upkeep of the Coworking Space
- Use of certain equipment, workstations, furnishings, or office supplies in the Coworking Space, as will be described to you upon your first visit; we reserve the right to alter any or all of these items provided the underlying use does not change.
- Use of basic amenities at the Coworking Space, such as air conditioning, heating, electricity, perhaps including shared kitchen space and shared kitchen appliances; if kitchen facilities are provided, you agree to keep the Coworking space clean and orderly, including regular trash and food.
- Access to and use of the Website, which may be subject to any additional legal terms posted thereon
- The ability to sign up for additional services through the Website
- Use of Internet service at the Coworking Space
You may also be able to use the Coworking Space as follows:
- To rent a private office/meeting room, subject to additional fees
- To rent the open floor area / shared spaces, subject to additional fees
- To rent the outside areas, subject to additional fees
The Membership Services may vary and certain Membership Services may be subject to additional fees. Certain Membership Services may also be subject to additional legal terms and conditions, which will be provided to you when you decide to use that Membership Service. The Membership Services do not include any services offered by third-parties.
Article 3 - MEMBERSHIP
The monthly membership is free. You may cancel your membership at any time. Upon returning the signed Coworking Spaces agreement, you will receive a login to our website so you will be able to purchase and book our Spaces online, and we will provide you with an access code to the facility.
Article 4 - PRIVATE OFFICE/MEETING ROOM RENTAL:
Private office rentals will be subject to additional fees, which you will be informed of at the time of the rental. Scheduling for rentals is on a first-come, first-served basis. You agree to use the private office exclusively for legitimate business purposes. Additional rules and regulations may apply to the usage of private offices.
Article 5 - DAMAGES:
If you or any of your guests damage any property at the Coworking Space, you will be held liable, including charges incurred to repair or replace property or items.
Article 6 - STORAGE:
You are not permitted to store items of personal property at the Coworking Space. We are not liable or any loss of or damage to items left at the Coworking Space. If there are personal items left at the Coworking Space, we may dispose of them. You waive any claims you may have regarding any personal items.
Article 7 - THIRD-PARTY ACTIONS:
Please be advised that we are not responsible for the actions of other Members or their guests. We assume no responsibility or obligation regarding any disputes which may take place between our Members or guests.
Article 8 - NO EXPECTATION OF PRIVACY:
You acknowledge and agree that you may not have any expectation of privacy when you are using the internet and telecommunications systems at our Coworking Space.
Article 9 - AMENDMENTS:
We may, from time to time and at any time modify this Agreement. You agree that we have the right to do so, including revising anything contained herein. All modifications to this Agreement are in full force and effect immediately upon posting on the Website, which posting shall constitute “notice” of any such changes. All modifications or variations will replace any prior version of this Agreement, unless prior versions are specifically referred to or incorporated into the latest modification or variation of this Agreement.
You agree to routinely monitor this Agreement on the Website to note modifications or variations. We might also change the scope of the Membership Services.
Article 10 – IDENTITY AND AGE RESTRICTIONS:
When you sign up for Membership, you will be required to provide government-issued identification.
Article 11 - CREDENTIALS:
As part of your Membership Services, you may be required to set up specific access information for the Coworking Space, such as a username and password. You may also receive an access device, like an electronic access pass. You are responsible for ensuring the safety and security of your access information or device. You must not share the access information or device with any third party. If you discover that the access information or device has been compromised, you agree that you will notify us immediately.
Article 12 - AUTHORIZED USERS:
A company may become a Member and have authorized users. If you are a company Member, you must inform us of the name of your company as well as the authorized users of the Membership Services. We are not responsible for any unauthorized access to your company account.
Article 13 - FEES:
Fees shall be paid via the following methods:
We will be available at the following address:
No holidays, special events, or weekends will excuse your obligation to pay timely Fees as described by this Agreement.
Article 14 - ACCEPTABLE USE:
The purpose of the Coworking Space is to allow You the opportunity to utilize internet access but to do so in a civically responsible fashion To that end, You agree to use the systems in a mature and non-offensive manner. While We do not monitor such uses, we expect that you will not engage in action that could be perceived as harassment, threats, or obscene. We are the sole arbiter of what is and is not acceptable and reserve the right to terminate this agreement for any, or no, stated reason. There shall be no appeal to that decision; the only recourse you have is a refund of unused time.
UNDER NO CIRCUMSTANCES ARE FIREARMS PERMITTED IN THE PREMISES. IF YOU ARE FOUND TO HAVE CARRIED SUCH A WEAPON INTO THE BUILDING YOUR CONTRACT WILL BE IMMEDIATELY TERMINATED.
Article 15 - INTELLECTUAL PROPERTY:
You agree that all of our copyrights, trademarks, trade secrets, patents, and other intellectual property belong solely and exclusively to us ("Company IP"). You agree that we own all right, title and interest in and to the Company IP and that you will not use the Company IP for any unlawful or infringing purpose. You agree not to reproduce or distribute the Company IP in any way, including electronically or via registration of any new trademarks, trade names, service marks or Uniform Resource Locators (URLs), without express written permission from us.
Article 16 - TERM:
The term of this Agreement ("term") shall begin from the Effective Date and continue until terminated by either of the Parties as described in the Article describing Termination.
Article 17 - TERMINATION:
If the Agreement is terminated, you agree to pay us all Fees incurred prior to the date of termination, regardless of which party terminated or why. You are only excused from paying Fees if we cease service.
Any termination under this subpart shall not affect the accrued rights or liabilities of either Party under this Agreement or at law and shall be without prejudice to any rights or remedies either Party may be entitled to. Any provision or subpart of this Agreement that is meant to continue after termination or come into force at or after termination shall not be affected by this subpart.
Article 18 - INDEMNIFICATION:
You agree to defend and indemnify us and any of our affiliates (if applicable) and hold us harmless against any and all legal claims and demands, including reasonable attorney's fees, which may arise from or relate to your use or misuse of the Coworking Space or Membership Services, your breach of this Agreement, or your conduct or actions. You agree that we shall be able to select our own legal counsel and may participate in our own defense, if so desired.
Article 19 - LIMITATION OF LIABILITY:
Except in cases of death or personal injury caused by either party's negligence, either party's liability in contract, tort or otherwise arising through or in connection with this Agreement or through or in connection with the completion of obligations under this Agreement shall be limited to Fees paid by you to us.
To the extent it is lawful, neither Party shall be liable to the other Party in contract, tort, negligence, breach of statutory duty or otherwise for any loss, damage, costs or expenses of any nature whatsoever incurred or suffered by that other Party of an indirect or consequential nature including without limitation any economic loss, data loss, loss of goodwill, or other loss of turnover, profits, or business.
Article 20 - SEVERABILITY:
If any part or subpart of this Agreement is held invalid or unenforceable by a court of law or competent arbitrator, the remaining parts and subparts will be enforced to the maximum extent possible. In such a condition, the remainder of this Agreement shall continue in full force.
Article 21 - DISPUTE RESOLUTION:
In case of a dispute between the Parties relating to or arising out of this Agreement, the Parties shall first attempt to resolve the dispute personally and in good faith. If these personal resolution attempts fail, the Parties shall then submit the dispute to binding arbitration. The arbitration shall be conducted in the county and state noted in the GOVERNING LAW provision of this Agreement. The arbitration shall be conducted by a single arbitrator, and such arbitrator shall have no authority to add Parties, vary the provisions of this Agreement, award punitive damages, or certify a class. The arbitrator shall be bound by applicable and governing federal law as well as the law of the Commonwealth of Virginia. Each Party shall pay their own costs and fees. Claims necessitating arbitration under this section include, but are not limited to: contract claims, tort claims, claims based on federal and state law, and claims based on local laws, ordinances, statutes or regulations. Intellectual property claims by us will not be subject to arbitration and may, as an exception to this subpart, be litigated. The Parties, in agreement with this subpart of this Agreement, waive any rights they may have to a jury trial in regard to arbitrable claims.
Article 22 - GOVERNING LAW:
This Agreement shall be governed by and construed in accordance with the internal laws of the Commonwealth of Virginia without giving effect to any choice or conflict of law provision or rule. Each party irrevocably submits to the exclusive jurisdiction and venue of the federal and state courts located in the following county: Loudoun County.
Article 23 - HEADINGS:
Headings to this Agreement are for convenience only. Headings shall in no way affect the provisions themselves and shall not be construed in any way that would limit or otherwise affect the terms of this Agreement.
Article 24 - ASSIGNMENT:
This Agreement, or the rights granted hereunder, may not be assigned, sold, leased or otherwise transferred in whole or part by you. Should this Agreement, or the rights granted hereunder, by assigned, sold, leased or otherwise transferred by us, our rights and liabilities will bind and inure to any assignees, administrators, successors, and executors.
Article 25 - NO WAIVER:
In the event that we fail to enforce any provision of this Agreement, this shall not constitute a waiver of any future enforcement of that provision or of any other provision. Waiver of any part or sub-part of this Agreement will not constitute a waiver of any other part or sub-part.
Article 28 - NO AGENCY, PARTNERSHIP OR JOINT VENTURE:
No agency, partnership, or joint venture has been created between the Parties as a result of this Agreement. No Party has any authority to bind the other to third parties.
Article 29 - FORCE MAJEURE:
We are not liable for any failure to perform due to causes beyond our reasonable control including, but not limited to, acts of God, acts of civil authorities, acts of military authorities, riots, embargoes, acts of nature and natural disasters, and other acts which may be due to unforeseen circumstances.
Article 30 - ELECTRONIC COMMUNICATIONS PERMITTED:
Electronic communications are permitted to both Parties under this Agreement, including email or fax. For any questions or concerns, please email us at the following address: .