General Terms and Conditions

Centerform

Coworking Memberships & Meeting Room Rentals

Terms and Conditions

The terms and conditions listed below (“Terms and Conditions”) govern the coworking services and meeting room rentals provided by TMS Global, Inc., DBA Centerform (“Centerform”) and apply to all coworking memberships. Centerform may provide coworking members with access to desk space, Internet, conference space, knowledge resources, and other services (collectively, “Services”). The Services at all times are subject to the Terms and Conditions. The terms “you” and “your” in uppercase or lowercase shall mean the entity (e.g. company, corporation, partnership, individual, etc.) entering into a coworking membership agreement with Centerform. The Centerform facilities in The M. Rich Center are leased from Newport US RE, L.P.. All coworking membership agreements are subordinate to the leasing agreement between TMS Global, Inc., DBA Centerform and Newport US RE, L.P.. The M. Rich Center is managed by Jones Lang Lasalle Americas, Inc..

Acceptance of Terms

  • Memberships and meeting room rentals are on a first come, first served basis.
  • Memberships do not create a tenancy but a prepaid usage agreement to use the provided Services on a monthly basis.
  • 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 Terms and Conditions 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.
  • You must comply with all requirements of law to obtain applicable municipal and/or state/county business licenses and any required professional licenses. You must provide copies of such licenses to representatives of Centerform upon request.
  • Centerform reserves the right to update the Terms and Conditions at any time without notice to you. A copy of the most current Terms and Conditions are available through the Centerform representative.

Use of Services

  • Coworking provides a means for individuals and organizations to share information and collaborate on projects. This type of sharing and collaboration among members is highly recommended and encouraged.
  • You agree not to use the Services for any purpose that is unlawful.
  • You agree to follow the rules and regulations of both Centerform and The M. Rich Center. These rules and regulations are available through the Centerform representative.
  • You agree to be responsible for any damage you or your guests cause to equipment, contents (i.e. furniture), and property of Centerform facility and The M. Rich Building. Any damage must be reported to the Centerform representative immediately.
  • You agree not to use the Centerform wi-fi network to attempt to gain unauthorized access to any account, computer system or network, through hacking, password mining or any other means. You may not post or download files that you know or should know are illegal or that you have no rights to.
  • You agree not to defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of Centerform employees and fellow members.
  • You agree to report any conflicts that arise between you and other members of Centerform to the Centerform representative.
  • You agree not to restrict or inhibit any other member from using and enjoying the Services.
  • You agree to leave the coworking space in proper order, with all trash disposed in trash and recycling receptacles, all library resources shelved correctly, and all kitchen items returned to their place.
  • You agree not to display any sign on the exterior or interior of the Centerform facility without the prior written permission of Centerform.
  • You agree not to use, without prior written consent, the logo of Centerform or TMS Global, Inc. in any advertising, brochures, or promotional materials.

Security

The M. Rich Center provides on site security during regular business hours five days a week (Monday through Friday) from 7 AM to 10 PM, excluding holidays. However, Centerform, TMS Global, Inc., Newport US RE, L.P. and Jones Lang Lasalle Americas, Inc. (management company) are not responsible for the security of any member or its guests. You acknowledge your own responsibility for your security at all times while in or near the Centerform facility and The M. Rich Building.

Building Entry

Keycards are available only to members with 24/7 access for a $25 fee. Members with keycards will be able to enter the building 24/7. Members and others without keycards signing in continuously or what the building security at their discretion considers repetitive pattern on the building security log during business hours will be considered as a violation of building access policy and Member may be subject to a denial of entry unless an access card is immediately acquired and paid for. If you have a keycard, you agree to 1) refrain from sharing your keycard with any other party whatsoever, 2) notify Centerform immediately upon any loss of your keycard, and 3) return your keycard immediately upon termination of your membership. There will be a $25 fee for replacement keycards. Sharing of cards will result in confiscation from Building security and new cards will need to be purchased.

Membership Payment, Renewals, and Terminations

  • Monthly memberships are paid in advance. Memberships beginning after the first day of the month will be prorated and the following month’s membership will be due on the first of each month. Payment constitutes membership renewal. All coworking membership payments are nonrefundable. Failure to timely pay the membership will result in termination of your membership and termination of access to the facility.
  • Centerform has the right to deny or cancel memberships as it deems necessary for any reason whatsoever and you agree to promptly remove any of your property from Centerform upon notice of any cancellation of membership.
  • You may terminate membership by giving a written notice of termination. Hot Desk memberships must provide notice of cancelation 7 days before the end of the month. Dedicated Desk and Office “Quad” memberships must provide notice of termination 30 days before the end of the month. Should you not provide timely notice of termination to Centerform, 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.

Room Reservations and Policy

  • Centerform rooms can be booked for an established fee by members and the public.
  • Reservations for booked events must have a start time no earlier than 8:00 AM and end time no later than 10 PM. Set up and clean up times must be included in your reservation. All event attendees must be out of the building by 10 PM.
  • Non-members reserve rooms by paying the full amount upfront or by paying a $100 deposit. Deposits are refundable for cancelled events up to two weeks before the reserved date and time. After that point, you will forfeit your deposit if the reservation is cancelled. The remaining fee must be paid in full no less than 72 hours before the reserved date and time for your booking. If no payment is received by that time, your reservation will be canceled and deposit forfeited.
  • You are responsible for any damage or theft that you, your guests or any parties affiliated with you cause.
  • You are welcome to bring food, drinks (non-alcoholic) and paper goods, but please clean up any mess before you leave with all trash in appropriate receptacles.
  • Return all furnishings back to the the state in which you found them.
  • There will be an added $50 cleanup fee added to your charge if the room is left excessively messy or furniture not returned to its place.
  • Unless you receive written permission from Centerform management, loud music, live music or DJs are not allowed.
  • Unless you receive written permission from Centerform management, there is a no alcohol policy for all events.
  • CENTERFORM HAS A NO PARTY POLICY. If we discover you have misrepresented your event, you will no longer be permitted to reserve rooms at Centerform** AND YOU WILL BE CHARGED A $100 FINE. ** Additionally, if you are a Centerform coworking member, Centerform will cancel your membership. If you are unsure if your event would be considered a “party” please ask Centerform management prior to booking. If building security sees an event that they deem a party, Centerform will defer to the judgement of the security officer on duty during the event as to whether or not an event would be considered a “party.”
  • Centerform reserves the right to deny or cancel room reservations as it deems necessary for any reason whatsoever.

Disclaimer of Warranties

To the maximum extent permitted by the applicable law, Centerform provides the Services “as is” and with all faults, and hereby disclaims 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.

Release and Indemnification

  • You agree that Centerform is in no way responsible for any personal injuries, property damage, lost or stolen items, loss of profits, loss of confidential or other information, business interruption, or other liabilities that may be incurred during your use of the facility. Centerform, TMS GLobal, Inc., Newport US RE, L.P.. and Jones Lang Lasalle Americas, Inc., shall not be liable to you or to any of your guests or affiliated parties for any injury to person or damage to, or loss of, property on or about the premises resulting from or caused in part or whole by the negligence or willful misconduct of you or any of your guests or of any other person entering upon the premises, or caused by the buildings and improvements located on the land becoming out of repair, or caused by the use, generation, storage or disposal of hazardous substances on or about the building or land, or caused by leakage of gas, oil, water or steam or by electricity emanating from the building or land, or due to any cause whatsoever not solely and directly attributable to the negligence or willful misconduct of Centerform, TMS GLobal, Inc., Newport US RE, L.P.. and Jones Lang Lasalle Americas, Inc.. You will at all times indemnify, defend and hold harmless Centerform, TMS GLobal, Inc., Newport US RE, L.P.. and Jones Lang Lasalle Americas, Inc., and their 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 any claims arising out of such losses or damages, and you release them from any liability whatsoever related to your use of Centerform or the M. Rich Building.
  • You 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 Centerform, TMS GLobal, Inc., Newport US RE, L.P.. and Jones Lang Lasalle Americas, Inc. or their respective officers and agents in connection with the defense of such claim or lawsuit.

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 Centerform, TMS GLobal, Inc., Newport US RE, L.P.. and Jones Lang Lasalle Americas, Inc. or their 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, under any provision of this Terms and Conditions and your exclusive remedy for all of the foregoing shall be limited to actual damages incurred by you based on reasonable reliance up to one hundred fifty dollars (USD $150.00). The foregoing limitations, exclusions and disclaimers, (including sections VI and VII above) 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 Centerform, TMS Global, Inc., or any their officers, directors, employees, personnel, agents, policies, services or products, other than to comply with law.

Severability

In the event that any provision or portion of this Terms and Conditions is determined to be invalid, illegal or unenforceable for any reason, in whole or in part, the remaining provisions of this Terms and Conditions shall be unaffected thereby and shall remain in full force and effect to the fullest extent permitted by applicable law.

Insurance

As a member, 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 Centerform.

I hereby acknowledge that I have read and understood all of the terms and conditions contained in this Terms and Conditions and further agree to be bound to the Terms and Conditions regarding my participation in and use of the Services.

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