COWORKING SERVICE AGREEMENT
The Flamingo House provides a shared, community-driven workspace for the independent professional. As a member of the flock, you will join a creative community focused on innovation and collaboration. Flamingos do better together than they do alone and that is the nature of our place.
MEMBERSHIP OVERVIEW
All membership plans include:
Full access to shared, fully furnished workspace
Discounted conference room rentals
Taxes, utilities and security
Private phone booths
Speedy WIFI
Printer and scanner capabilities
Free admission to member-exclusive events
Coffee, cold brew, tea, kombucha, water
Access to the Flock Network of creatives
Mailing address and collection
Guest reception and concierge services
Community garden
IT assistance
COWORKING SERVICE AGREEMENT TERMS AND CONDITIONS
The services provided at The Flamingo House are subject to the following Terms and Conditions (T&C). The Flamingo House reserves the right to update the T&C at any time without notice. This Flamingo House membership service agreement does not create a tenancy but a prepaid usage license to use the provided amenities on a monthly or casual basis.
DESCRIPTION OF SERVICES
The Flamingo House may provide you with access to office space, workstations, internet access, office equipment, conference space, knowledge resources, and other services (collectively, "Services"). The Services at all times are subject to the T&C. Please see membership overview for more detailed information on services offered.
NO UNLAWFUL OR PROHIBITED USE
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 of The Flamingo Houses’ server(s), 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 The Flamingo House 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, nor should you post or download files that you know or should know are illegal or that you have no rights to. 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 T&C 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.
Use of services
You agree that when participating in or using the Services, you will not: Use the Services in connection with contests, pyramid schemes, chain letters, junk email, spamming, spimming, or any duplicative or unsolicited messages (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 The Flamingo House servers. 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 a limitation, copyright, 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. 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; upload files that contain viruses, Trojan Horses, Worms, time bombs, candlebots, corrupted files, or any other similar software or programs that may damage the operation of another computer or property of another coworker; download any file that you know, or reasonably should know, cannot be legally reproduced, displayed, performed, and or/distributed in such manner; restrict or inhibit any other user from using and enjoying the Services; violate any code of conduct or other guidelines which may be applicable for any particular Service (including the Building Rules); harvest or otherwise collect information about others, including email addresses, without the authorization or consent of the disclosing party; violate any applicable laws or regulations; or create false identity for the purpose of misleading others.
RENEWALS AND TERMINATIONS
This Agreement is automatically renewed at the end of each period with consent of each party. The T&C must be adhered to at all times. Failure to follow T&C can result in non-renewal or even early termination of the usage license. The Flamingo House reserves the right to terminate any Service at any time, immediately and without notice, if you fail to comply with the T&C. This includes non-payment or violation of the space rules. If this happens, The Flamingo House will refund any amounts paid for unused periods that remain after deducting any pending charges, on a prorated basis. Members may terminate this Agreement by giving a written notice of termination as established in this Agreement. Termination shall be in effect as of the end of that calendar month. Should members not provide timely notice (minimum 15 days) of termination to The Flamingo House then the Membership Period shall continue to the end of the following calendar month and the service fees for that calendar month shall be payable. Those booking the Conference Room or Focus Pod are entitled to a full refund of their reservation if cancelled 48 hours or more prior to the booking date.
INVOICING AND PAYMENTS
The member is automatically invoiced monthly in advance based on their membership option. Also included are any variable charges such as additional conference or studio rentals that may have been incurred during the previous period. Payment is required at the beginning of the month for that period, at the date specified in the invoice. Payment for casual usage is either paid on the day of use unless other arrangements have been made with The Flamingo House. The Flamingo House reserves the right at all times to disclose any information about your participation in and use of the Services as The Flamingo House 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 The Flamingo House’s sole discretion.
CONFIDENTIALITY
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 The Flamingo House or any participant of the Services or any employee affiliate, or agent thereof, that is non-public, confidential or proprietary in nature. Confidential information also includes, without limitation, information about business, sales, operations, know-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 The Flamingo House, any analyses, compilations, studies or other documents prepared by The Flamingo House or otherwise derived in any manner from the Confidential Information that you are obliged to keep confidential or know or has reason to know should be treated as confidential. Your participation in and/or use of the Services obligates you to Maintain all Confidential Information in strict confidence; Not to disclose Confidential Information to any third parties; Not to use the Confidential Information in any way directly or indirectly determined to sue The Flamingo House or any participant or user of the Services. All confidential information remains the sole and exclusive property of The Flamingo House or the respective disclosing party. You acknowledge and agree that nothing in this T&C 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 proprietary rights of The Flamingo House or any participant or user of the Services.
PARTICIPATION IN OR USE OF SERVICE
You acknowledge that you are participating in or using the Services at your own free will and decision. You acknowledge that The Flamingo House 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.
DISCLAIMER OF WARRANTIES
To the maximum extent permitted by the applicable law, The Flamingo House provides the Services “as is” and with all faults, and hereby disclaim with respect to the services all warranties and conditions, whether express, implied or statutory, including but not limited to: merchantability, fitness for a particular purpose, lack of viruses, accuracy or completeness of responses, results, workmanlike effort and lack of negligence. Also there is no warranty, duty or condition of title, quiet enjoyment, quiet possession, correspondence to description or non-infringement. The entire risk as to the quality, or arising out of participation in or the use of the services, remains with you.
EXCLUSION OF INCIDENTAL, CONSEQUENTIAL, AND CERTAIN OTHER DAMAGES
To the maximum extent permitted by the applicable law, in no event shall The Flamingo House 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 and and 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 of 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 The Flamingo House, and even if The Flamingo House has been advised of the possibility of such damages. Limitation of Liability and Remedies Notwithstanding any damages that you might incur for any reason whatsoever (including, without limitation, all damages referenced above and all direct or general damages), the entire liability of The Flamingo House 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 under any provision of this T&C and your exclusive remedy for all of the foregoing shall be limited to actual damages incurred by you based on reasonable reliance up to [enter amount]. The foregoing limitations, exclusions and disclaimers, including the previous sections) shall apply to the maximum extent permitted by applicable law, even if any remedy fails its essential purpose.
NON-DISPARAGEMENT
You shall, during and after the participation in and use of the Services, refrain from making any statements or comments of a defamatory or disparaging nature to any third party regarding The Flamingo House, or any of The Flamingo House officers, directors, employees, personnel, agents, policies, services or products, other than to comply with law.
INDEMNIFICATION
You release, and hereby agree to indemnify, defend and save harmless The Flamingo House and The Flamingo House 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, judgments, 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 in the event that you bring a claim or lawsuit in violation of this agreement, you shall be liable for any attorney fees and costs incurred by The Flamingo House or its respective officers and agents in connection with the defense of such claim or lawsuit.
SEVERABILITY
In the event that any provision or portion of this T&C is determined to be invalid, illegal or unenforceable for any reason, in whole or in part, the remaining provisions of this T&C shall be unaffected thereby and shall remain in full force and effect to the fullest extent permitted by applicable law.
INSURANCE
The Flamingo House carries Liability and Business Personal Property insurance. As a user, you are not required but it is strongly suggested that you carry a Renters Insurance policy to cover your own equipment while using our space. That policy may cover your current residence/office, as well as the premises of The Flamingo House.
CHILDREN
Children are permitted at The Flamingo House only for authorized events, such as Art Walks, Bring Your Child to Work Day, and family-friendly office gatherings in which children are explicitly welcome. Children are not permitted at The Flamingo House as a result of daycare difficulties during normal business hours due to the legal liability of permitting such a practice. No ill children are permitted to accompany any of The Flamingo House members to work. The Flamingo House supervisors may authorize children to be in The Flamingo House only in rare circumstances, and for limited time periods. Members must ensure that professional health and safety laws are followed at all times when bringing children into The Flamingo House.
If approval to bring a child into The Flamingo House in an emergency situation has been granted, the member:
Must be sensitive to, and respectful of the needs of other members and clients.
Must not expect other members or employees to care for their children.
Must supervise and take responsibility for the safety of their child at all times.
Amber Tollefson
Founder
The Flamingo House