Legal Agreement: Terms of Service
Specifically, member agree to:
- Be nice. Be courteous. Treat others the way you would like to be treated. We encourage you to be aware of how your actions impact others, yourself and the community. If needed we may remind you as a member to shape up within 30 days and, if you don’t, Balance RVA reserves the right to ask you to leave. Members understand that this may result in lost membership fees for the month and a forfeiture of security deposit. We realize that might sound harsh, but we have to protect the community.
- Believe in yourself, believe in others, and in the power of coworking. And, let it show. Do your part in promoting a positive, productive, pleasant experience at Balance RVA. Be supportive of Balance RVA and your fellow members so we can all be more successful.
- Work hard, have fun, and participate. The thing that makes Balance RVA more than just a place to work is the community. In case you haven’t figured this out yet, that’s you. You have the power to make that community something really great. Use it.
- Be true. You have access to Balance RVA some number of days per week based on your membership level. We track attendance. Like most things, we ask members to act responsibly and do what’s right. Remember, we offer Day Passes if needed for a guest or another individual in your company that is not covered by your membership. Conversely, if you do not use all the days or amenities included in your membership we will not refund you any portion of your membership. The space is open to you per your membership level and all amenities can be found through www.thebalance.space or by emailing firstname.lastname@example.org or visiting a staff member of the space at the welcome desk. Information on membership levels, subject to change, is also available on the Balance RVA website.
- Members agree to pay member monthly membership fee of ________________ in a timely manner. We will set up an automated monthly payment. If we notify member that member payment did not post for any reason, member will promptly (within 2 days) rectify the situation and make payment. If member fails to pay their membership fee within seven (7) days of invoice date, in addition to Balance RVA's other rights under this agreement, may assess a late forfeiture in the amount of ten percent (10%) to the outstanding balance. In addition to any late fees associated with the member’s account, Balance RVA reserves the right to require the member to pay any late or returned fees and charges via money order or certified check. Any failure to keep your membership current with payment may result in a termination of membership and forfeiture of any deposits. Balance RVA also reserves the right to suspend member’s membership rights and benefits until member’s account is paid in full. This could include but is not limited to: access to space, childcare, conference space, and wifi use.
- Members agree to provide a minimum of 45 days written notice to terminate membership and pay membership feeds through the date of membership termination.. We’ll be sad, but also happy if you are leaving to do something great.
- Balance RVA is to be used as a member’s workplace, not a member’s home. Yes, we really do have to say it. Tempting as it might be, with amenities such as a couches, kitchen, and refrigerator, Balance RVA is for business use only. Balance RVA has the right to enter all areas of Balance RVA including private offices for cause or to clean areas as provided as a member benefit.
- Be accountable for member actions. Should any action or inaction on member part harm or cause damage, member agree to be responsible for any costs as well as any legal costs necessary for recovering such damages.
- Be accountable for member guests. If member bring guests, students, participants , etc. they are the responsibility of the member. It’s the member’s job to make sure they follow the rules and generally behave themselves. Failure of member or member’s guest to comply with the membership agreement may result in termination of membership benefits or assessment of a guest fee in the amount of fifty ($50) dollars.
- Avoid using Balance RVA in connection with bad, annoying or otherwise not-OK things like: a. Pyramid schemes, chain letters, junk email, spamming, or similarly annoying behavior. b. Defaming, abusing, harassing, or threatening others. c. Marketing, pitching, or promoting member business (or member kid’s fundraiser) to people trying to work. d. Posting or distributing inappropriate, profane, defamatory, or indecent materials or information. This could be cause for termination of membership or suspension from the space without refund or return of deposit. Membership is for the sole benefit of the member and where applicable its employees and contractors (listed in this agreement). The Member shall not rent, make available for public use, reproduce, duplicate, copy, trade, or resell any of the Membership Benefits or Intellectual Property of BalanceRVA.
- We coworkers work in close proximity to others. Keeping member information or that of our customers private is the responsibility of each member. On the flip side, members of Balance RVA agree to not inappropriately share, reproduce, or use information or materials of others. Member agrees that all information provided to Balance RVA in connection with it’s membership is true, up to date, and accurate and remains that way throughout the duration of the membership. Member is responsible for maintaining the secrecy of all information relating to its user account and shall not provide that information to any other person and is responsible for all activity relating to the member’s user account.
- Protect member interests and stuff. We have insurance for BalanceRVA. We recommend members also secure their own insurance, appropriate to member’s business, to cover liability, loss, theft, damage and the like. Our insurance does not protect members or member businesses. Balance RVA strongly encourages members to consult with an independent insurance advisor to protect member’s interests while using membership benefits of BalanceRVA. Members with a private office membership shall keep in force at its own expense at all times during membership insurance covering Balance RVA and member as named insured with a minimum combined single limit of $1,000,000 for bodily injury and property damage. In addition, member shall provide $50,000 of fire legal liability coverage. Also, if a member bring (and possibly leave) personal or professional property at BalanceRVA, it’s member job to secure it. Balance RVA does not assume any responsibility for lost or stolen property. This includes the parking lot as well. Balance RVA will provide and maintain the interior and exterior of the space and the premises for issues related to plumbing, HVAC, electrical, mechanical, and lighting systems, but assumes no liability to members for business losses related to failure of any of the said mechanical systems. Balance RVA is also not responsible for any delay or failure in performance caused by fires, strikes, embargoes, acts of God, acts of terrorism, or other causes beyond its reasonable control. The member’s use of the premises and the membership benefits is at its sole risk.
- Member safety. Don’t do foolish and dangerous things like play with matches, run with scissors, or do chemistry experiments with cleaning solutions. Throw away food that has gone bad. Wash dirty dishes. Clean up spills. Let us know if a light bulb is out, a door or window is not latching properly, or if there is anything at all that needs repair. Keep our network safe, too. Be careful not to upload or use files that contain viruses, malware, etc. that may damage the network, computers, or other equipment of Balance RVA or its members.
- Consume alcohol, food, or anything else responsibly and at member’s own risk. If member chooses to partake in the consumption of food or drink while on Balance RVA premises, member is aware that they do so at member own discretion and risk. Balance RVA, its members nor anyone else associated with Balance RVA are to be held liable for illness, accidents, or any bad thing that results from member consumption of any substance of any kind.
- Obey the law. Members agree not to use Balance RVA for any purpose that is unlawful, prohibited or otherwise frowned upon by society, including doing anything that would damage, disable, or impair any property of Balance RVA or its members or, worse, the members themselves. This also means member won’t try to access property or systems of others, or attempt to obtain information or materials not intentionally made available to all Balance RVA members. If a member breaks the law or does any of the aforementioned bad things, they immediately forfeit their membership with no right to refund or return of security deposit. Member will also be responsible for paying for any legal council Balance RVA may need to secure resulting from such illegal behavior.
- It is the responsibility of the member to keep up with changes to these rules. Like so many things, Balance RVA will evolve and change over time (largely from input of members). With that may come changes in these rules. If we change this agreement, we’ll let member know and post the current version of this agreement on our website (www.thebalance.space). We encourage all of our members to visits the website periodically to stay current of changes to any service offerings or agreements. In addition, Balance RVA reserves the right to modify this Membership Agreement at any time by posting a notice on the aforementioned website and/or by sending notice to the member email address on file with BalanceRVA.
- Balance RVA may modify the fees and or charges at any time, in its sole discretion upon thirty (30) days notice to its members by sending written notice via electronic mail to the email address provided by the member, and/or by posting a revised fee schedule on the website, except those members whose membership term is for a year, or longer.
- Member agrees to indemnify and hold harmless Balance RVA and all its affiliates, managers, employees, and agents from and against any and all liability, damages, losses, charges, expenses, fines, and costs, (including reasonable attorney’s fees and costs, and the costs of enforcing this indemnity) incurred by Balance RVA as a result of any use of the Premises or the membership benefits by the member or its guests or any breach by the member of this membership agreement and any third party claim that relates in any way to any of the member’s acts or omissions.
- If for any reason member’s membership benefits are revokes for cause the member shall immediately remove all personal belongings from the premises and cease all use of membership benefits, shall not return to the premises without the prior permission of Balance RVA, pay all fees and charges owed to Balance RVA, return all keys and any other property that belongs to Balance RVA, and leave the premises in clean and good condition. Balance RVA has the right to deny access or benefits without court approval when enforcing the right to terminate a membership.
- Child minding services up to a 3 hour minimum per day for one child is included in some membership levels. Member agrees to the release of liability form and other guidelines outlined in the “Balance RVA Child Minding Agreement” in addition to this Membership Agreement. Member also understands that at no time will any staff of Balance RVA administer any medication to a child and that should the child become upset or unmanageable, the individual responsible for the child will be required to remove that child from the space and it is at the discretion of the staff when the child can return to the space and this has no bearing on the fees associated with the Balance RVA membership.
By signing this document, members agree to remain familiar with and abide by all current (possibly updated) rules.
Balance RVA provides use of its space, services, and equipment as a service and not as a lease of real property and disclaims all warranties and conditions, whether express, implied or statutory, including but not limited to merchantability or fitness for a particular purpose or use.
The entire risk as to the quality arising out of participation in or the use of the services, remains with the member. Balance RVA reserves the right at all times to disclose information about member, member participation in and use of the services Balance RVA provides we deem necessary to satisfy any applicable law, regulation, legal process or governmental request. We may also publish information about member and/or member business, including but not limited to, member name, company name, industry, title, and URL. We may take pictures of member working in our space or at Balance RVA events and use them at our discretion. We may also edit, refuse to post or to remove any information or materials, in whole or in part from our website(s), social media pages, or our premises. This will all be done at Balance RVA's sole discretion.
Balance RVA reserves the right to terminate member participation in and use of any Services, immediately and without notice or refund or return of security deposit, if member fail to comply with this agreement.
This agreement comprises the entire agreement between the parties and supersedes all prior representations and agreements with respect to the matter hereof.
This agreement shall be construed in accordance with, and governed by, the laws of the Commonwealth of Virginia, without regard to the conflict of law and choice of law rules of any jurisdiction. All claims, actions, and proceedings arising out of or relating to the membership benefits of or in BalanceRVA, this agreement, or member’s use of Balance RVA or it’s premises of the membership benefits, shall be commenced and maintained solely in a state court of competent subject matter jurisdiction located in the County of Henrico, Virginia. The member irrevocably consents to the personal jurisdiction of such courts.
No waiver or failure by either party to exercise any option, right or privilege under the terms of this agreement on any occasion or occasions shall be construed to be a waiver of the same on any other occasion or of any other option, right, or privilege. If any provision of this agreement, or the application thereof, is for any reason, and to any extent, determined by a court of competent jurisdiction to be invalid or unenforceable, the remaining provisions of this agreement shall remain valid.
By signing this agreement, the member represents that the member has the authority to do so and that the member arise not violating any agreement with any other party. The member also understands and agrees that, while membership in Balance RVA has many benefits, it does not empower member to make binding representations or agreements on behalf of BalanceRVA, or any of its staff, owners, or members. Oh, and, this is all legal in the State of Virginia.
I (Member) hereby acknowledge that I have read and understood all of the terms and conditions contained in this agreement and agree to be bound it.
We require all members to keep a credit card on file with us. Of course, we protect this information and keep it confidential. Visa / MasterCard / American Express Card Accepted
I (Member) authorize Balance RVA to charge my credit card monthly for my membership fee as well as any unpaid fees for services (e.g. extra meeting room rental, printing, locker, etc.) I have used.
Additionally, this credit card can be charged the cost of repairing damage to the building at Balance RVA caused intentionally or through the negligence of a myself (member) or my guests. I will notify Balance RVA of any exception I might have to these charges as documented by the invoices provided to me within 10 business days of the charge.
This authorization is to remain in full force and effect until Balance RVA has received written notice from me of membership termination. Note that 45 days’ advance notice of termination is required.
As a Private Office Member, member agree to a 12-month agreement