Step 5: Sign Use and Services Agreement

Catalyst co-working LLC USE AND SERVICES AGREEMENT

Please read this Use and Services Agreement  (“AGREEMENT”) carefully before purchasing a membership from CATALYST CO-WORKING, LLC”). By purchasing a membership you are agreeing to be bound by the terms of this agreement.
 

USE OF OFFICE FACILITY

  1. CATALYST CO-WORKING, LLC grants to you (“Member(s)”) a non-exclusive, revocable monthly license to use and occupy a seat in CATALYST CO-WORKING, LLC’s shared office facility (“Membership”) and/or other shared office facilities either operated by or made available to you by CATALYST CO-WORKING, LLC, as determined by CATALYST CO-WORKING, LLC, in its sole discretion (“Facilities”). The Membership shall continue from month to month (the “Membership Period”) until terminated in accordance with this Agreement.

  2. The Facilities may only be used for general office purposes and all uses ancillary. While in the Facilities, the Member (and their guests) shall conduct themselves in accordance with any rules of conduct issued by CATALYST CO-WORKING, LLC. Member shall not perform any work or undertake any activity in the Facilities that may interfere or disturb the use or occupancy of the Facilities by CATALYST CO-WORKING, LLC, or any other Members of CATALYST CO-WORKING, LLC for their respective business purposes.

  3. Member is permitted to use (i) all office equipment, IT-related equipment, and furniture, and (ii) be entitled to reasonable use of any kitchen, pantry, storage, and coffee areas within the Facilities so long as they agree and comply with the terms and conditions of use of these services as set by CATALYST CO-WORKING, LLC. Further, the parties acknowledge that individual work spaces in the Facilities shall not be separately demised or necessarily separated physically and, therefore, each Member has access to the other Members’ work area, with the sole exception of designated shared spaces and/or other areas and offices specifically designated by CATALYST CO-WORKING, LLC as “Full Time Work Space”.
     

MEMBERSHIP, FEES, PAYMENT AND TERMINATION

  1. The “Membership Type” is the specific level of service designated and marketed by CATALYST CO-WORKING, LLC and selected by the Member. Different Membership Types may have various levels of service and access to CATALYST CO-WORKING, LLC’s Facilities and amenities as defined, from time to time, by CATALYST CO-WORKING, LLC, in its sole discretion.

  2. The “Membership Fee” is an amount determined by CATALYST CO-WORKING, LLC. The Membership Fee includes the cost of all utilities and other building services and amenities included with the Membership Type. Member shall pay CATALYST CO-WORKING, LLC the Membership Fee in advance.

  3. CATALYST CO-WORKING, LLC will charge the Member’s credit card or bank account for the total amount of the monthly Membership Fee and any fees for Additional Services (as defined below). Charges for Additional Services will be added to the Member’s payment to be paid for prior to the monthly anniversary of the Member’s initial monthly payment and occupancy of the shared office space (“Membership Date”), without notice, for the duration of the Membership Period. A refused credit card transaction or direct bank withdrawal could result in CATALYST CO-WORKING, LLC’s termination of this Agreement. Members are obligated to promptly notify CATALYST CO-WORKING, LLC of any changes to their credit card number, expiration, or billing address or bank account information and/or update their own personal and company payment details within their Member account. By accepting the terms of this Agreement, Member hereby authorizes CATALYST CO-WORKING, LLC to initiate charges to the credit card account and/or bank account on file on an ongoing monthly basis for the duration of the Membership Period.

  4. “Additional Services” includes optional services and amenities as made available from time to time at an amount determined by CATALYST CO-WORKING, LLC, in its sole discretion and elected to be used and paid for by the Member. Additional Services may include printing/copying/scanning services, access to conference rooms, event spaces, or other CATALYST CO-WORKING, LLC designated spaces and locations, storage lockers, computer technical support, audio and visual equipment, food and beverage services, concierge services, and other services.

  5. Services provided by CATALYST CO-WORKING, LLC for no additional fee include mail reception, office cleaning services, and trash removal.

  6. This Agreement is effective unless terminated by CATALYST CO-WORKING, LLC or Member by providing the other party with at least thirty (30) days written notice or as defined by a specific CATALYST CO-WORKING, LLC. Notice must be provided to CATALYST CO-WORKING, LLC either in writing with confirmed receipt by a CATALYST CO-WORKING, LLC team member and/or by the Member electing to terminate his/her or a team Membership by cancelling Membership via the CATALYST CO-WORKING, LLC Member Service platform. Written termination requests may be sent to CATALYST CO-WORKING, LLC at the following address: amy@beacatalyst.works.

  7. Upon the termination of this Agreement, Member shall cease all use of the services provided by and branding associated with CATALYST CO-WORKING, LLC, and shall have no right to any of the property and amenities provided by CATALYST CO-WORKING, LLC including office equipment, IT-systems and equipment, mailing address, and office furniture. Nothing hereunder contained shall be deemed to permit Member to retain occupancy of the Facilities after the termination of the Agreement.
     

ACCESS TO FACILITIES

  1. On or before the end of each business day that Member makes use of the Facilities, Member shall quit the Premises and surrender the same to CATALYST CO-WORKING, LLC in the same condition existing at the beginning of said use (subject to reasonable wear and tear), and Member shall remove all of its property located in the Premises, except for membership levels that permit on-site storage.

  2. Member represents that it has made a thorough inspection of the Facilities and agrees to take the same in its condition “as is” as of the date hereof and CATALYST CO-WORKING, LLC shall have no obligation to alter, improve or decorate the Facilities for Member’s use and occupancy. Member shall not make or cause to be made any alterations, installations, improvements, additions or physical changes in or about the Facilities without CATALYST CO-WORKING, LLC’s prior consent which consent may be withheld in CATALYST CO-WORKING, LLC’s sole discretion.

  3. CATALYST CO-WORKING, LLC and CATALYST CO-WORKING, LLC’s agents shall have the right, throughout the Membership Period, to enter any portion of the Facilities to examine the same, and to make such repairs, alterations, improvements or additions as CATALYST CO-WORKING, LLC may deem reasonably necessary, in its sole discretion, provided, that CATALYST CO-WORKING, LLC shall use commercially reasonable efforts to minimize any interference with Member’s use of the Facilities.

  4. The main Lobby Area is open 8 a.m. – 6 p.m. CATALYST CO-WORKING, LLC grants Members access to the Facilities 24 hours a day, seven days a week, if specified in the Membership Level. This is subject to change at CATALYST CO-WORKING, LLC’s sole discretion (“Operating Hours”).
     

INTERNET ACCESS

  1. As part of the Membership Fee, Member will be provided a wireless signal within the Facilities. Members utilitizing services that need excessive bandwidth will be required to upgrade their internet service. These services include but are not limited to using a mail server, hosting internal websites, dispatching broad based emails (spamming), utilizing internal FTP services, Wi-Fi wireless internet hubs, voice over IP equipment, applications.

  2. CATALYST CO-WORKING, LLC will take commercially reasonable steps to maintain the continuity of and protect the wireless internet from unauthorized use. CATALYST CO-WORKING, LLC accepts no liability for any breach, suspension, interruption, temporary unavailability, loss of data or faulty occurring in internet service or any consequence thereof, including loss of business or profits, whether arising as a result of our allocation of access rights or otherwise.

  3. In order to protect Member’s computer(s) from unwanted hackers and viruses, and to prevent the inconveniencing or slowing down of other internet users at the Facilities, CATALYST CO-WORKING, LLC offers an upgrade option for technical services that includes firewall and anti-virus protection on its computer(s). In the event that Member’s computer(s) becomes infected or hacked, regardless of whether it has installed firewall or anti-virus protection. CATALYST CO-WORKING, LLC shall not be responsible for any damage suffered to the Member’s computer(s). If CATALYST CO-WORKING, LLC notices or suspects that the Member’s computer(s) may be infected or hacked, CATALYST CO-WORKING, LLC reserves the right to schedule a time to immediately inspect the Member’s computer(s). If CATALYST CO-WORKING, LLC determines that the Member’s computer(s) is infected or has been hacked and is causing a disruption or slow down to the shared public network, CATALYST CO-WORKING, LLC reserves the right to immediately disconnect the subject computer(s) from internet access at the Facilities. Also, due to numerous incoming spam issues clogging up many email systems, CATALYST CO-WORKING, LLC highly recommends that Member install spam-filtering software to help eliminate congestion and the slowing down of the network at the Facilities. Member shall indemnify and hold CATALYST CO-WORKING, LLC harmless for any and all damages, including, without limitation, reasonable attorney’s fees that may result from the foregoing.
     

FULL TIME MEMBERSHIPS

  1. Members who purchase a “Private or Semi-Private Office” (hereinafter referred to as “Full Time Member(s)”) will have access to the designated “Full Time Work Spaces” (as determined by CATALYST CO-WORKING, LLC, in its sole discretion) during all Operating Hours. Some Full Time Work Spaces are shared (i.e., open floorplan) areas designated for and accessible by Full Time Members, and some are private (i.e., a private office). Pricing for shared and private Full Time Work Spaces may differ and will be se at CATALYST CO-WORKING, LLC’s sole discretion.

  2. Each Full Time Member will have the exclusive right to one dedicated workstation (hereinafter referred to as “Full Time Workstations”) located within a Full Time Space during the term of their Full Time Membership. A Full Time Workstation will include, at minimum, a desk and chair with appropriate electronic and internet access, lighting, etc. Other special needs may be accommodated (i.e. VOIP, etc), if possible, by CATALYST CO-WORKING, LLC, in its sole and absolute discretion.
     

CONFIDENTIALITY

  1. Member acknowledges and agrees to keep confidential any information that is either intentionally, or unintentionally disclosed by either CATALYST CO-WORKING, LLC, its owners, officers, employees, members, or agents, or any other Member, which information is non-public, confidential or proprietary in nature. Confidential information also includes, without limitation, information about business, sales, operations, known-how, trade secrets, business affairs, any knowledge gained through examination or observation of or access to the Facilities, computer systems, and/or books and records of CATALYST CO-WORKING, LLC, or other Members, any analysis, compilations, studies or other documents prepared by CATALYST CO-WORKING, LLC, or other Members, or otherwise derived in any manner.

  2. With respect to the Confidential Information, all Members will: (a) Maintain all Confidential Information in strict-confidence (b) Not disclose Confidential Information to any third party.

  3. All confidential information remains the sole and exclusive property of CATALYST CO-WORKING, LLC or the respective disclosing party. Member acknowledges and agrees that nothing in this Agreement or its license or use of the Facilities will be construed as granting any rights to it, by license or otherwise, in or to any Confidential Information or any patent, copyright or other intellectual property proprietary rights of CATALYST CO-WORKING, LLC or any other Member or user of the Facilities.

THIS IS NOT A LEASE

  1. This Agreement does not and shall not be deemed to constitute a lease or conveyance of the Facilities by CATALYST CO-WORKING, LLC to any Member, or to confer upon any Member any right, title, estate or interest in the Facilities, except for such rights granted to the Member pursuant to this Agreement. Notwithstanding the fact that this Agreement is a non- exclusive, conditional license and not a lease and, therefore, the Landlord-Tenant laws do not govern this Agreement, nor can the Member invoke tenant rights or privileges, Member hereby specifically waives any and all rights that it may have under any Landlord-Tenant laws.
     

DEFAULT

  1. In addition to any and all other rights or remedies provided in this Agreement or which CATALYST CO-WORKING, LLC may have at law, in equity, or otherwise, if Member shall fail to comply with any of its obligations under this Agreement, then CATALYST CO-WORKING, LLC shall have the right to immediately terminate this Agreement upon notice to Member, and Member shall immediately quit and surrender the Facilities as required hereby.
     

NO LIABILITY

  1. CATALYST CO-WORKING, LLC shall have no liability or responsibility to Member, and Member shall have no claim against CATALYST CO-WORKING, LLC, for any damage or loss incurred by Member with respect to property located in, or services provided to, the Facilities, except as a result of the gross negligence or willful misconduct of CATALYST CO-WORKING, LLC.
     

MEMBERS ARE NOT PERMITTED

  1. The right to assign, lease, sublease, or otherwise grant access to the Facilities and its amenities and shared services.
     

PHOTO RELEASE

  1. Members hereby consent and agree that CATALYST CO-WORKING, LLC has full and unrestricted publishing and use rights for any photographs (digital or print) taken at the Facilities, including, but not limited to photographs of Members and their work and work space.
     

CONSEQUENCES OF DAMAGE OR DESTRUCTION

  1. If any part, or all of the Facilities become inaccessible or unfit for use due to damage or destruction (other than as a result of anything the Member does or fails to do): The whole or an appropriate proportion (having regard to the nature and extent of the destruction or damage) of the Membership Fee shall cease to be payable until the Facilities are fully accessible and fit for use, and; If the damage or destruction affects the whole or a substantial part of the Facilities and it is likely to take more than three months to make the Facilities again fully accessible and fit for use either CATALYST CO-WORKING, LLC or the Member may terminate this Membership Agreement by giving one months written notice to the other in which event this Agreement will immediately end and CATALYST CO-WORKING, LLC need not carry out any repairs or reinstatement.
     

INSURANCE

  1. Member, at Member’s sole cost and expense, may obtain business insurance for its own protection, including, without limitation, Worker’s Compensation, General Liability, Property & Casualty, and Fire & Burglary insurance. In no event shall CATALYST CO-WORKING, LLC become responsible for purchasing and/or maintaining the aforementioned insurance if the Member fails to obtain such insurance.
     

INDEMNIFICATION

  1. Member releases, and hereby agrees to indemnify, defend and save harmless CATALYST CO-WORKING, LLC, its officers, agents, members, representatives, employees, successors and assigns, jointly and individually, from and against all claims, liabilities, losses, damages, costs, expenses, judgments, fines and penalties in any way related to arising out of Member’s use of the Facilities, including without limitation, lost business; lost profits, damage to equipment and personal property, and theft. The exception is if Claims are the result of the gross negligence of CATALYST CO-WORKING, LLC. Member further agrees in the event that it brings a claim or lawsuit in violation of this Agreement, Member shall be liable for any attorney’s fees and costs incurred by either CATALYST CO-WORKING, LLC, or its respective officers and agents in connection with the defense of such claim or lawsuit.
     

OFFICE AND/OR PROPERTY ABANDONMENT

  1. If Member is in default and fails to correct the default within 20 days fails to respond to default notices, fails to contact CATALYST CO-WORKING, LLC in writing with a plan to rectify the default, fails to satisfy its financial obligations to CATALYST CO-WORKING, LLC under the terms of this Agreement, or fails to remove its belongings from Facilities, then Member hereby accepts that such actions constitute a legal abandonment of its rights and belongings. In such an event, CATALYST CO-WORKING, LLC shall be permitted, in its sole discretion, to either store the subject property for a period of time to be set by CATALYST CO-WORKING, LLC, or dispose of such property as CATALYST CO-WORKING, LLC sees fit. Member will indemnify and hold harmless CATALYST CO-WORKING, LLC for any and all damages, including, without limitation, lost business, lost profits, costs of storage and reasonable attorney’s fees that may arise from the actions CATALYST CO-WORKING, LLC takes to address the Member’s abandonment of its property and the Facilities.

 

ADDITIONAL PROVISIONS

  1. Suitability and Comfort. The Member accepts that the very nature of a large, shared working environment is such that the standards for issues such as aesthetics and room temperature vary from individual to individual. The Member also accepts that, in attempting to satisfy the collective and varied standards of the large group of people working in the Facilities, it is sometimes possible that an individual’s standards will not match those of the majority of occupants and, thus, sometimes an individual Member’s standards may not be met from time to time. Therefore, the Member hereby accepts that the Facilities may not be best suited for every type of business or individual and, that if the Member’s individual standards cannot be met, Member shall have the right to terminate this Agreement upon thirty (30) days prior written notice.

 

 

Entire Agreement. This Agreement constitutes the entire understanding between the parties hereto with respect to the subject matter contained herein, and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter.

 

Updated: July 18, 2019

Agree to Use and Services Agreement
I agree to the terms of the Use and Services Agreement for Catalyst Co-working

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Amy Travis, Founder/Owner

Connie Geier, Owner 

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