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·
“Us” or
“CTRL Collective” means DB Coworking Holdings, or its assignee.
·
“You” or
“Member” means the company listed on the Membership Form.
·
“Premises”
means any CTRL Collective office space at which the Services are provided,
including that listed on the Membership Form.
·
“Fellow
Member” means any entity or individual which is a member of CTRL Collective,
but is not the Member.
·
“TOU” means
these Terms of Use.
·
“Membership
Agreement” means the membership agreement consisting of the TOU, the Membership
Form, the Community and Facility Rules and the Internet Policy.
·
“Authorized
User” means each person you authorize on your User List as being allowed to
receive the Services (defined below)
1.
Acceptance
of Terms. CTRL Collective agrees to provide you the
Services (defined below) subject to the terms of this Membership
Agreement. CTRL Collective reserves the
right to modify and/or update the TOU, Community and Facility Rules and the
Internet Policy from time to time. If
CTRL Collective changes the TOU or the Community and Facility Rules, we will
post the modification on our website or otherwise provide you with notice of
the modification.
2.
Description of Services. CTRL Collective
may provide you with exclusive access to office space, non-exclusive access to
office space, work stations, internet service (wired and/or wireless), office
equipment, conference space, knowledge resources, and other services as CTRL
Collective may offer from time to time pursuant to the terms of the membership
plan indicated on the Membership Form (collectively, “Services”). The Services and the Membership Agreement are
personal to you and may not be assigned to, transferred to or shared with any
other party.
3.
Representations and Warranties. You
hereby represent and warrant that you have all requisite legal power and
authority to enter into the Membership Agreement, and that your Member
Signatory has the authority to bind you to this Membership Agreement.
4.
Use of Services.
(a)
You will
(and will cause your Authorized Users to) comply with all relevant laws and
regulations in your use of the Services at all times. Without limiting the foregoing, you agree
that when on the Premises or using the Services, you (including your Authorized
Users) will not: defame, abuse, harass, stalk, threaten or otherwise violate
the legal rights (such as rights of privacy and publicity) of others; use any
material or information in any manner that infringes any copyright, trademark,
patent, trade secret, or other proprietary right of any party; create a false
identity for the purpose of misleading others; obstruct any access to the
Premises; create any circumstances of disrepair or damage any CTRL Collective
property or the Premises; bring any pets onto the CTRL Collective Premises
(unless permitted by law); disrupt, cause a nuisance to or interfere with any
Fellow Members or Fellow Members’ access to the Services; or otherwise violate
this Membership Agreement, including the Community and Facility Rules.
(b)
If you have
been assigned a particular office in the Building, CTRL Collective reserves the
right to relocate you to a different office, offices or desks at any time.
(c)
You may
designate a certain number of individuals (which number is indicated on the
Membership Form) to use, access, and/or receive the Services in accordance with
this Membership Agreement. All
Authorized Users must be designated in writing to CTRL Collective prior to
being entitled to the Services. You may replace an Authorized User at any time
by causing the Member Contact to send an email to CTRL Collective, which email
must include the name(s) and email address(es) of the departing and new
Authorized User(s) and the effective date of the change. The changes will not
take effect until CTRL Collective confirms in writing that it has accepted and
applied the change. An Authorized User will no longer be allowed access to the
Services upon the earlier of (1) the termination or expiration of this Membership
Agreement; (2) your removal or replacement of such Authorized User or (3) CTRL
Collective’s notification to you that such individual is terminated as an
Authorized User. CTRL Collective may terminate an individual as an Authorized
User in CTRL Collective’s sole discretion, however, CTRL Collective will
endeavor not to terminate any individual as an Authorized User unless such
individual has caused Fellow Members to complain to CTRL Collective or if such
individual violated this Membership Agreement (including the Community and
Facility Rules and Internet Policy). If the number of Authorized Users, or
individuals regularly using your Office Space, exceeds the number allocated on
the Membership Form, you will be required to pay the then-current additional applicable
fee. CTRL Collective reserves the right to limit the number of Authorized Users
allowed at any point. By sending CTRL Collective a request to add an individual
as an Authorized User, you are representing and warranting that you have
obtained all necessary consent from such individual to provide to CTRL
Collective the contact or other information about such individual.
5.
Payment Terms.
(a)
Upon
submitting a signed and completed Membership Agreement, you will deliver to us
the monthly fee contained in your Membership Agreement (the “Member Fee”) for
the first month without demand, prorated as of the number of days remaining in
such month. Afterward, you will pay the
Member Fee monthly, in advance, on the first day of the month.
(b)
You agree to
pay promptly (i) all taxes and license fees which you are required to pay to
any governmental authority (and, at CTRL Collective’s request, will provide to
CTRL Collective evidence of such payment) and (ii) any taxes paid by CTRL
Collective to any governmental authority that are attributable to your use of
the Services or Premises, including, without limitation, any gross receipts,
rent and occupancy taxes, tangible personal property taxes, stamp tax or other
documentary taxes and fees.
(c)
You agree to
pay the monthly fee via an Automated Clearing House (ACH) debit transaction,
other preauthorized electronic fund transfer, or major credit card. You
are responsible for paying any fees of your financial institution associated
with the pre-authorized payment.
(d)
CTRL
Collective reserves the right to terminate the Membership Agreement and cease
all Services in the event of a late payment, including any payment which is
late due to insufficient funds. In the
event that CTRL Collective does not exercise this right, you shall pay a late
fee of 10% on all overdue balances. CTRL
Collective’s waiver of its termination right for any late payment shall not be
deemed a waiver of such right as to any future late payment. CTRL Collective reserves the right to
withhold the Services, including barring your entry to the Premises while there
are any outstanding fees and/or interest.
You agree to waive any and all rights of set off as to the Member Fee.
(e)
Upon your
breach of this Membership Agreement, in addition to any other rights which CTRL
Collective may have, any discounts which you have been granted will
automatically terminate.
6.
Nature of this Agreement.
This Membership Agreement is intended by the parties to be analogous to
an agreement for accommodation in a hotel. The whole of the Premises remains
our property and in our possession and control. We are giving you the right to
share with us the use of the Premises so that we can provide the Services to
you. Notwithstanding anything in this Membership Agreement to the contrary, you
and we agree that our relationship is not that of landlord-tenant or
lessor-lessee and this Membership Agreement in no way shall be construed as to
grant you or any Fellow Member any title, easement, lien, possession or related
rights in our business, the Premises or anything contained in or on the
Premises. This Membership Agreement creates no tenancy interest, leasehold
estate, or other real property interest. The parties hereto shall each be
independent contractors in the performance of their obligations under this
Membership Agreement, and this Membership Agreement shall not be deemed to
create a fiduciary or agency relationship, or partnership or joint venture, for
any purpose. Neither party will in any way misrepresent our relationship.
7.
CTRL Collective Required Disclosures. CTRL
Collective reserves the right at all times to disclose any information about
you and/or your participation in and use of the Services as CTRL Collective
deems reasonably necessary to satisfy any applicable law, regulation, legal
process or governmental request.
8.
Confidentiality.
(a)
You
acknowledge and agree that during your participation in and use of the Services
you may be exposed to nonpublic, confidential or proprietary information,
including any information that you know or have reason to know should be
treated as confidential (“Confidential Information”) about or proprietary to
CTRL Collective or Fellow Members; and that CTRL Collective and Fellow Members
may be exposed to or have access to your Confidential Information.
(b)
You will (and
will cause your Authorized Users to): (a) maintain all Confidential Information
in strict confidence; (b), not disclose Confidential Information to any third
parties; and (c) not use Confidential Information in any way directly or
indirectly detrimental to CTRL Collective or any other member or any user of
the Services.
(c)
All
Confidential Information remains the sole and exclusive property of the
respective disclosing party. You acknowledge and agree that nothing in
the Membership Agreement or your participation in 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 or proprietary rights of CTRL Collective or any member or any user of
the Services. Notwithstanding the
foregoing, you hereby waive any and all claims against CTRL Collective for any
exposure or use of your Confidential Information.
(d)
You agree
that this Membership Agreement, and any documentation or correspondence related
thereto (including in the context of any dispute) is Confidential Information.
9.
Our
Reserved Rights. CTRL Collective may enter the Premises at any
time for any purpose. CTRL Collective
may suspend or discontinue any portion of the Services for any reason at any
time, however, CTRL Collective will attempt to notify its members verbally or
electronically in advance of such suspension or discontinuance, except in the
case of routine maintenance or emergency. CTRL Collective may modify or reduce the
furnishings in the Premises at any time.
10.
Waiver and Disclaimer of Warranties. TO THE
MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, CTRL COLLECTIVE 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, AND/OR LACK OF NEGLIGENCE. THE ENTIRE RISK AS TO THE QUALITY, OR
ARISING OUT OF PARTICIPATION IN OR THE USE OF, THE SERVICES AND THE PREMISES,
REMAINS WITH YOU AND YOU HEREBY WAIVE ALL RIGHTS OF RECOVERY FOR ANY LOSS
RELATED TO YOUR ACCESS TO, PARTICIPATION IN OR USE OF THE SERVICES, INCLUDING
IN THE CASE SUCH LOSSES ARE THE RESULT OF CTRL COLLECTIVE’S NEGLIGENCE.
11.
Exclusion of Incidental, Consequential and
Certain Other Damages. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE
LAW, IN NO EVENT SHALL CTRL COLLECTIVE OR ITS SUBSIDIARIES (WHETHER OR NOT
WHOLLY-OWNED), AFFILIATES, DIVISIONS, AND THEIR PAST, PRESENT AND FUTURE
OFFICERS, DIRECTORS, SHAREHOLDERS, MANAGERS, MEMBERS, EMPLOYEES, AGENTS,
REPRESENTATIVES, SUCCESSORS AND ASSIGNS (“CTRL AFFILIATES”), JOINTLY AND
INDIVIDUALLY BE LIABLE FOR ANY DIRECT, SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE,
CONSEQUENTIAL OR OTHER DAMAGES WHATSOEVER ARISING OUT OF OR IN ANY WAY RELATED
TO THE PARTICIPATION IN OR INABILITY TO PARTICIPATE IN OR USE THE SERVICES OR
THE PREMISES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR OTHERWISE
UNDER OR IN CONNECTION WITH ANY PROVISION OF THIS MEMBERSHIP AGREEMENT, EVEN IN
THE EVENT OF THE FAULT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, BREACH
OF CONTRACT OR BREACH OF WARRANTY OF CTRL COLLECTIVE, AND EVEN IF CTRL
COLLECTIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
12.
Limitation of Liability and Remedies. THE
ENTIRETY OF YOUR RIGHTS UNDER THIS MEMBERSHIP AGREEMENT ARE ENFORCEABLE ONLY
AGAINST CTRL COLLECTIVE, AND YOU HEREBY WAIVE, TO THE MAXIMUM EXTENT PERMITTED
BY LAW, ALL RIGHTS OF RECOVERY WHICH YOU MAY HAVE AGAINST ANY CTRL AFFILIATE.
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 CTRL COLLECTIVE OR CTRL AFFILIATES
UNDER ANY PROVISION OF THIS MEMBERSHIP AGREEMENT AND YOUR EXCLUSIVE REMEDY FOR
ALL OF THE FOREGOING SHALL BE LIMITED TO ACTUAL DAMAGES INCURRED BY YOU UP TO A
MAXIMUM OF THE TOTAL FEES PAID BETWEEN THE DATE YOU STARTED USING THE SERVICES
AND THE DATE ON WHICH THE CLAIM ARISES.
13.
Termination.
(a)
CTRL
Collective reserves the right to withhold or terminate any Services at any
time, but not to terminate this Membership Agreement, for any reason, including
for late payment as described in Section 4. Additionally, CTRL Collective
may immediately terminate this Membership Agreement: (i) upon breach of this
Membership Agreement by the Member; (ii) upon termination, expiration or
material loss of our rights in the Premises; (ill) if any outstanding fees are
late; (iv) if you fail to comply with the terms and conditions of the
Membership Agreement or any other policies or instructions provided by us; or
(v) at any other time, when we, in our reasonable discretion, see fit to do so.
(b)
Upon
termination of the Membership Agreement, you agree to immediately remove any
and all of your personal property from the Premises. Any property left behind is forfeited and may
be destroyed. You will remain liable after termination for past due amounts,
and we may exercise our rights to collect due payment, despite termination or
expiration of this Membership Agreement.
14.
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 CTRL Collective, or any of CTRL Collective’s
managers, members, officers, advisors, employees, personnel, agents, policies,
services or products, other than to comply with a court order or applicable
law.
15.
Release and Indemnity. You
release, and hereby agree to indemnify, defend and save harmless CTRL
Collective and CTRL Affiliates, jointly and individually, from and against all
claims, liabilities, losses, damages, costs, expenses (including, without
limitation, reasonable attorneys’ and consultants’ fees and costs), judgments,
fines and penalties based upon or arising out of your negligent actions,
errors, omissions, willful misconduct and/or fraud in connection with the
breach of this Membership Agreement by you or by your or your guests’
participation in or use of the Services. You further agree in the event
that you bring a claim or lawsuit in violation of this Membership Agreement,
you shall be liable for any attorneys’ fees and costs incurred by CTRL
Collective and CTRL Affiliates in connection with the defense of such claim or
lawsuit.
16.
Media and Virtual Reality License. In
connection with the Services, CTRL Collective may provide you access to filming
and virtual reality equipment, including, but not limited to cameras, camera
mounts, lighting equipment, and backdrops.
You agree that you will (and will
cause your Authorized Users to) use and operate the equipment only in a careful
and proper manner, within the allotted room in the Premises, in compliance with
all laws, ordinances, and regulations relating to the possession, use, or
maintenance of the equipment, including registration and/or licensing
requirements, if any. Any use of such
equipment must be scheduled in advance with CTRL Collective. You represent and warrant that you will have
obtained all rights, permission and licenses necessary for the production of
any content using the equipment. You assume all risks of loss or damage to the
equipment during your use of such equipment from any cause, and agree to return
it to CTRL Collective in the condition received. All damage to the equipment must be paid for
within 5 days of notice from CTRL Collective.
CTRL Collective may automatically charge the costs of any damage to the
licensee’s card on file. CTRL Collective
shall have the option of requiring you to repair the equipment to a state of
good working order, or replace the equipment with like equipment in good
repair, which equipment shall become the property of CTRL Collective. The provisions of this Section 15 are in
addition to, and do not replace, any additional indemnification obligations of
Member hereunder.
17.
Insurance. CTRL Collective carries
liability and business personal property insurance. However, you are strongly encouraged to carry
an insurance policy to cover your equipment and personal property while using
the Premises. You waive any right of subrogation and right of recovery or cause
of action for any damage or theft, destruction, or loss of property, or any
injury including death to the extent the same is insured against under any
insurance policy which you may have.
18.
Internet Policy. CTRL Collective makes no
representations whatsoever as to the security of the internet, wired or
wireless telecommunications systems, or hosting services provided as part of
the Services, or of any data or communications system or any information that
you send through or place on it, and you have no expectation of privacy with
respect to such systems. CTRL Collective
is not responsible for any loss of data, information, business, goodwill or
otherwise as a result of such interruptions. You are responsible to
protect your own computers, devices and data, information, business and
goodwill from damage or interference, including but not limited to viruses or
malware. You agree to abide by the terms
of CTRL Collective’s Internet and Privacy Policy (the “Internet Policy”),
available at WWW.CTRLCOLLECTIVE.COM or upon request. CTRL Collective may amend
or change the terms of the Internet Policy at any time.
If CTRL Collective suspects you have violated the
Internet Policy, CTRL Collective will investigate and may institute legal
action, immediately deactivate Services to any account without prior notice to
you, and cooperate with law enforcement authorities in bringing legal
proceedings against violators, and you agree to reasonably cooperate with CTRL
Collective in all such actions. You
agree to indemnify CTRL Collective for any damages to the CTRL Collective
infrastructure or business caused by your violation of the Internet Policy.
19.
Privacy Policy.
We may collect, process
and/or use personal data about you in a variety of ways, including personal
data that may be provided by you upon execution of this Agreement or during
your or the Members’ membership, and information that may be gathered from our
security cameras located on the premises.
We may collect, process, use, store and transfer personal data in
accordance with applicable laws, for various purposes including facilitating
the Services, perform accounting and administrative tasks, internal review and
audit, compliance with obligations under applicable laws and regulations, to
enforce or manage legal claims and otherwise in accordance with the Internet
Policy. For the purposes stated above,
we may transfer the personal data collected by us and make it available to our
personnel, advisors, professionals, subcontractors, independent consultants,
external third party services providers and our affiliates.
20.
Mediation and Arbitration of Disputes. If a dispute arises between us that we cannot
resolve between ourselves, the alternative dispute resolution process of this
paragraph will apply. You and we shall maintain confidential the entry into,
contents of or result of any alternative dispute resolution, unless required by
law.
(a)
Mandatory
Mediation. You and we agree that
any and all disputes, claims or controversies arising out of or relating to the
Membership Agreement shall be submitted to JAMS, or its successor, for
mediation, and if the matter is not resolved through mediation, then it shall
be submitted to JAMS, or its successor, for final and binding arbitration
pursuant to Section 20(b) below. If, for
any dispute, claim or controversy to which this Section 20(a) applies, any
party (i) commences an action without first attempting to resolve the matter
through mediation before commencement of an action, refuses to mediate after a
request has been made, then that party shall not be entitled to recover
attorneys’ fees, even if they would otherwise be available to that party in any
such action. We will cooperate with one
another and with JAMS in selecting a mediator from the JAMS panel of neutrals
and in scheduling the mediation proceedings.
You and we agree to participate in the mediation in good faith and to
share equally in its costs.
(b)
Arbitration. Any
dispute, claim or controversy arising out of or relating to this Membership
Agreement or the breach, termination, enforcement, interpretation or validity
hereof, including the determination of the scope or applicability of this
Membership Agreement to arbitrate, shall be determined by arbitration in Los
Angeles, California before one arbitrator who is (i) a retired judge from the
Superior Court of California, County Los Angeles County; or (ii) an attorney with
at least ten (10) years of active practice in relevant areas of law. The arbitration shall be administered by JAMS
pursuant to its Comprehensive Arbitration Rules and Procedures and in
accordance with the Expedited Procedures in those Rules. Judgment on the arbitration award (“Award”)
may be entered in any court having jurisdiction. Nothing in this Section 20(b) shall preclude
CTRL Collective from seeking provisional remedies in aid of arbitration from a
court of appropriate jurisdiction.
(c)
No Class
Actions. You may only resolve
disputes with us on an individual basis, and may not bring a claim as a
plaintiff or a class member in a class, consolidated, or representative
action. You agree that you will not
bring, participate in or instigate any class arbitration, class action, private
attorney general action or consolidation with other arbitrations in connection
with any matter arising out of or touching on this Membership Agreement, your
membership in CTRL Collective, or your use of the Premises.
21.
Miscellaneous.
(a)
Entire
Agreement. The Membership
Agreement constitutes the entire agreement between the parties pertaining to
the subject matter contained herein and therein, and supersedes all prior and
contemporaneous agreements, representations, and understandings of the parties
pertaining to such subject matter.
(b)
Severability. In the event that any provision or
portion of the Membership Agreement is determined to be invalid, illegal or
unenforceable for any reason, in whole or in part, the remaining provisions of
the Membership Agreement shall be unaffected thereby and shall remain in full
force and effect to the fullest extent permitted by applicable law.
(c)
Waivers. No waiver of any provision of this
Membership Agreement shall be binding on CTRL Collective unless executed in
writing by an authorized representative of CTRL Collective.
(d)
Successors
and Assigns. The
Membership Agreement shall be binding on your heirs, legal representatives,
successors and assigns.
(e)
Notice. All notices, requests, demands or other
communications for which the Membership Agreement provides shall be in writing
and shall be addressed at the following addresses: (1) if to CTRL
Collective: DB COWORKING HOLDINGS CORP, 12575 Beatrice St., Los Angeles,
California 90066, Attn: David Bren, CEO(2) If to you: at the address
you provided in the Membership Agreement. All notices under the
Membership Agreement shall be effective: (a) forty-eight (48) hours after
deposit in the U.S. Mail, postage prepaid, registered or certified mail, return
receipt requested; (b) upon delivery, if delivered in person to the address set
forth above; or (c) upon delivery, if sent by commercial express service, such
as Federal Express, except that notices of change of address shall be effective
upon receipt.
(f)
Attorneys’
Fees. If CTRL Collective
shall bring any action for any relief against you arising out of the Membership
Agreement, including arbitration pursuant to Paragraph 20 above, the
non-prevailing party shall pay to the prevailing party a reasonable sum for attorneys’
and consultants’ fees and costs incurred in bringing such suit and/or enforcing
any judgment granted therein, all of which shall be deemed to have accrued upon
the commencement of such action and shall be paid whether or not such action is
prosecuted to judgment.
(g)
Survival. Sections 5, 10, 11, 12, 13, 15, 17, 19, 20 and
all other provisions of this Agreement reasonably expected to survive the
termination or expiration of this Agreement will do so.
(h)
Governing
Law. The rights and
obligations hereunder shall be governed by, and the Membership Agreement shall
be construed and enforced in accordance with, the laws of the State of
California. Venue for the resolution of any dispute arising out of the
Membership Agreement shall be Los Angeles County, California.
Community and
Facility Rules
These Community and Facility
Rules (“Community Rules”) form a part of and are incorporated into the
Membership Agreement between you and CTRL Collective and describe the manner in
which you must use of the services provided by CTRL Collective. If you have any questions about these
Community Rules, please contact [email protected]. By using the Services, you are agreeing to abide
by and be bound by these Community Rules.
I. Collaboration, Sharing and Mutual Respect. A
major benefit of CTRL Collective membership is access to your fellow
members. We absolutely encourage CTRL
Collective members to make connections, collaborate on projects, share ideas,
provide advice, and generally make great stuff happen. However, members may NOT spend a large part
of their time at the Premises directly soliciting other members and this could
result in cancellation of your membership were it to continue after you were
cautioned. CTRL Collective is fundamentally a place to work. While we want our community to be open, fun,
energizing, and collaborative, we also want it to be professional, and the
interest thereof, all members, guests and other users of the Services must
abide by the following rules and requirements:
1.
Every person
using CTRL Collective Services must be a paid member. Exceptions are limited to: (a) Day Pass
holders; (b) non-members who may use CTRL Collective Services when they are
meeting CTRL Collective members at the Premises for business-related meetings;
and (c) non-member attendees of special events in the Premises. Members are accountable for the conduct of
their guests. Members must immediately
notify CTRL Collective of any additional usage of the Services beyond that
designated in their current Membership Agreement. CTRL Collective reserves the
right to refuse access to any persons, including Members, that CTRL Collective
in good faith judges to be a threat to the safety, reputation, or property of
the Premises and its occupants.
2.
CTRL
Collective key cards can be obtained only from CTRL Collective, at your cost,
and are NOT transferable. You are not
authorized to copy or to give or “loan” your key card to anyone else for any
reason. CTRL Collective may cancel your
membership if we discover that you have violated this rule. CTRL Collective may
require deposits for such keycards, which deposits will not be held in an
interest-bearing account.
3.
Please keep
the kitchen area clean. Please wash,
dry, or place in the dishwasher your cups, glasses and dishes. Please take care of your guests’ items as
well.
4.
Please label
and date all food and beverages you put in the refrigerator. CTRL Collective reserves the right to throw
anything in the refrigerator away that should be thrown out, in our judgment.
5.
If you drink
the last cup of coffee, please make a new pot as a courtesy to others.
6.
Discrimination
toward and harassment of others are prohibited in the Premises. CTRL Collective has a zero-tolerance policy
for any remarks or behavior that fails to respect the dignity and feelings of
any individual in or from the Premises.
We recommend that all employees of all CTRL Collective member companies
take a class on the problem of workplace harassment.
7.
You agree to
keep your workspace clean and orderly and to remove all trash, packaging and
boxes from your workspace or common space frequently.
8.
Your
membership in CTRL Collective affords you access to conference rooms and
private phone booths. Please note the
following regarding conference rooms and phone booths:
(a)
CTRL
Collective has a limited number of conference rooms and to ensure that rooms
are always available members must book conference rooms prior to use using the
scheduling software provided by CTRL Collective. There is no drop-in use of conference
rooms. Phone booths are available on a
first come first serve basis and have a limit of 30 min per use.
(b)
You may not
re-sell or donate your conference room time to any non-member or to groups
having non-members.
(c)
Please clean
up after using a conference room. If you
re-arrange the furniture in the conference room, please return it to the
original set-up when you’re finished.
Please erase the white boards after use.
9.
If you want
to hold an event at a CTRL Collective facility, please talk to the CTRL
Collective staff to discuss scheduling, guest policy, insurance requirements,
and fees if applicable.
10.
With the
exception of Nights & Weekends memberships, CTRL Collective is a 24/7
facility for members. Members are
expected to be mindful of security at the Premises and of the safety of others
at all times.
11.
You are
welcome to proudly display your company name on a single, removable sign as
long as your signage does not damage walls in the Premises or CTRL Collective’s
or others’ property. Your sign may be no
larger than one square foot or the equivalent area.
12.
You may not
use the name of CTRL Collective, our phone number or email address, the name of
the Building or any picture of the Building in connection with, or in promoting
or advertising your business or any endorsement of or testimonial with respect
to your business without the prior written consent of CTRL Collective. You may,
however, use the address of the Building as the address of your business.
13.
In the
unlikely event that CTRL Collective waives any Community Rule as to you or any
particular member, such waiver shall not constitute a waiver of any other rule
or regulation or any subsequent application thereof to you or any other member.
II. Rules of the Premises. CTRL Collective leases its space from a
landlord, and in order to ensure CTRL Collective’s continued compliance with
its lease, members and guests must abide by the following rules and regulations
regarding the Premises.
1.
You may not
place anything, or allow anything to be placed where it may, in CTRL
Collective’s judgment, appear unsightly from the outside of the building in
which the Premises are located (“Building”).
2.
The
sidewalks, halls, passages, exits, entrances, elevators and stairways shall not
be obstructed or used for any purposes other than for ingress to and egress
from the Premises.
3.
You agree to
use the Premises so as not to necessitate any unnecessary janitorial labor or
services and will throw all waste in appropriate receptacles.
4.
You cannot
cook in the Premises (excepting use of the coffee maker and microwave) and
cannot sleep in or otherwise use the Premises for lodging.
5.
CTRL Collective
facilities are smoke, tobacco, and illegal substance free. You, your employees and invitees may not smoke,
vape, chew tobacco or carry lighted cigars or cigarettes EXCEPT in areas
reasonably designated by CTRL Collective and allowed by applicable law and
government agencies as smoking areas.
6.
You may not
bring upon, use or keep in the Premises or the Building, any inflammable,
combustible or explosive material, or use any method of heating or air
conditioning other than that supplied by CTRL Collective.
7.
Upon the
termination of Services, you will deliver to CTRL Collective all keys, key
cards, openers and passes for doors and gates which have been furnished to
you.
8.
You will
(and will cause your Authorized Users to) use reasonable efforts to cause all
doors and gates to the Premises that you have opened to be closed and securely
locked before leaving the Building. You and the other members assume full
responsibility for protecting the Premises from theft, robbery and pilferage,
which includes keeping doors locked and other means of entry to the Premises
closed and secured.
9.
You will
cooperate fully with CTRL Collective to assure the most effective operation of
the heat and air conditioning system for the Premises, and will refrain from
attempting to adjust any controls. You will (and will cause your Authorized Users to)
keep corridor doors closed.
10.
Except with the
prior written consent of CTRL Collective, you will not sell or cause to be sold
any items or services in the Premises, nor will you carry on or permit or allow
any employee or person to carry on the business of machine copying,
stenography, typewriting or similar business in or from the Premises for the
service or accommodation of occupants of any portion of the Building without
written consent of CTRL Collective.
11.
You
will (and will cause your Authorized
Users to) not install in, affix to, or bring into the Premises any furniture,
fixtures, or equipment. You will (and will cause your Authorized Users to) not
place graffiti on or deface the walls, partitions or other surfaces of the
Premises or the Building.
12.
On
Saturdays, Sundays, federally observed holidays and on other days during
certain hours for which the Building may be closed after normal business hours,
access to the Building or to halls, corridors, elevators, stairwells will be
controlled by CTRL Collective through the use of a key card system. This system will verify any and all persons
seeking access to the Building through the use of proper identification to
determine if they have rights of access to the Premises. CTRL Collective
will in no case be liable for damages wherein admission to the Building has not
been granted during abnormal hours by reason of your failing to properly
identify yourself through the use of a key card, or through the failure of the
Building to be unlocked and open for access by you, your employees and general
public. Nothing contained herein will obligate CTRL Collective to provide
such key card system or to make CTRL Collective liable for any act or omission
or failure of such system and the key cards which may be provided.
13.
You
will (and will cause your Authorized
Users to) not change locks or install other locks on doors without the prior
written consent of CTRL Collective.
14.
You will
(and will cause your Authorized Users to) not damage or inappropriately use any
toilet rooms, plumbing or other utilities. You will give prompt notice to CTRL
Collective of any accident or damage to or defects in electrical, plumbing,
mechanical, telecom, heating, ventilation and air conditioning, or other
systems or apparatus known to you so the same may be attended to properly.
15.
As a
courtesy to Members, CTRL Collective will accept packages on Member’s behalf
that are delivered in Member’s absence to the Premises. Member hereby authorizes CTRL Collective’s
representatives to accept on Member’s behalf any packages that are addressed to
Member and delivered to the Business Office due to Member’s absence, and agrees
to hold CTRL Collective and such representatives harmless for signing for
receipt of such packages and for any loss of or damage to the packages.
16.
You will not
make or permit any noise or odors that annoy or interfere with other members or
persons having business in the Premises. You will (and will cause your Authorized Users to) not
bring anything in or around the Premises or Building that is excessively heavy
or that causes excessive vibration in any part of the Building.
17.
Neither you
nor your Authorized Users will keep animals or birds in the Premises nor bring
motorcycles, motor scooters, mopeds, bicycles, scooters, skateboards or other
modes of transportation into areas not designated for them.
18.
You will not
employ any service or contractor for services or work to be performed in the
Building, except as approved by CTRL Collective.
19.
You, your
employees and invitees may not go on the roof of the Building.
20.
You will
(and will cause your Authorized Users to) comply with all safety, fire
protection and evacuation regulations established by CTRL Collective, the owner
of the Building or any applicable government agencies.
III. Parking Rules.CTRL
Collective may, in CTRL Collective’s sole discretion, provide you with access
to parking at or near the Premises, which parking access may be revoked at any
time. In the event that CTRL Collective provides you with parking at or near
the Premises, you agree to abide by the following regulations:
1.
Parking
areas will be used only for parking by vehicles no longer than full size,
passenger automobiles and for no other purpose.
No storage of any items including but not limited to trucks, trailers,
shipping/storage containers, boxes and pallets will be permitted in either the
parking areas or the Common Areas of the project in which the Building is
located.
2.
You will not
permit or allow any vehicles that belong to or are controlled by you or your
employees, suppliers, clients, customers, visitors or invitees to be loaded,
unloaded, or parked in areas other than those designated by CTRL Collective for
such activities.
3.
Parking
stickers or identification devices will be the property of CTRL Collective and
will be returned to CTRL Collective by the member upon termination of the
member’s Membership Agreement or parking privileges. You will pay such replacement charge as is
reasonably established by CTRL Collective for the loss of an identification
device.
4.
CTRL
Collective reserves the right to relocate all or a part of parking spaces
within the parking area of the Building.
5.
Users of the
parking area will obey all posted signs and park only in the areas designated
for vehicle parking.
6.
Unless
otherwise instructed, every person using the parking area is required to park
and lock his/her own vehicle. Neither
CTRL Collective nor the owner of the Building will be responsible for any
damage to vehicles, injury to persons or loss of property, all of which risks
are assumed by the party using the parking area.
7.
The maintenance,
washing, waxing or cleaning of vehicles or other modes of transportation in the
parking areas or Common Areas is prohibited.
8.
You will be
responsible for seeing that all of your Authorized Users, employees, agents and
invitees comply with this Membership Agreement, and the applicable parking
rules, regulations, laws and agreements.
9.
The Building
owner reserves the right to modify these rules and/or to adopt such other
reasonable rules and regulations as it may from time to time deem necessary for
the proper operation of the Building and/or the parking area. You agree to
abide by all such existing, modified and new rules and regulations..
10.
Such parking
use as is herein provided is intended merely as a license only and no bailment
is intended or will be created hereby.
Cobot Terms & Conditions
Cobot is the web platform used by CTRL Collective - Playa Vista to provide this website.