Legal Agreement: Terms of Service

  1. Member agrees to pay member monthly membership fee on or before their designated billing date via automated monthly payment. If Member fails to pay the membership fee within five (5) days of invoice date, in addition to Balance RVA’s other rights under this agreement, Balance RVA will assess a late fee in the amount of ten percent (10%) of the outstanding balance. In addition to any late fees associated with Member’s account, Balance RVA reserves the right to require Member to pay any late or returned check fees and/or charges via certified, readily available funds. Any failure to keep membership fees current may result in termination of membership and forfeiture of any payments made. Balance RVA also reserves the right to suspend any or all of Member’s rights and benefits associated with membership until Member’s account is paid in full, including late fees and other charges. Failure by Member to use all available space or time at Balance RVA per the applicable membership level shall not entitle Member to any refund or reimbursement of membership fees.  
  2. Balance RVA forbids use of any space by Members which is illegal, hazardous, in violation of any local, state, or federal code, ordinance, or regulation, or any conduct which is, in the sole discretion of Balance RVA, not compatible with its mission.  Balance RVA may not be used to promote or engage in any illegal behaviors, including but not limited to: money laundering; defamation, abuse or harassment of others; and posting or distributing inappropriate, profane, defamatory, or indecent materials or information. Such actions will cause immediate termination of membership without refund or return of deposit. 
  3. Balance RVA maintains general liability insurance. Balance RVA’s insurance does not protect individual members or their businesses. Balance RVA is not responsible for any lost or stolen property, intellectual or otherwise. Balance RVA strongly encourages Members to secure individual insurance to cover liability, loss, theft, and damage as appropriate.  Balance RVA recommends Members consult with an independent insurance advisor to ensure such coverage is adequate for all of Members’ property.
  4. Member may not rent, make available for public use, reproduce, duplicate, copy, trade, or resell any Intellectual Property of Balance RVA including copies of its Membership Agreement, Code of Conduct, Childcare Agreement, Emergency Procedures and Member-only correspondence.  Member also agrees not to inappropriately access, share, reproduce, or otherwise use other Members’ information or materials.
  5. 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. Balance RVA assumes no liability to members for business losses related to failure of any said mechanical systems. Balance RVA is 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. Member’s use of the premises and the membership benefits is at its sole risk. 
  6. Members must take every reasonable precaution not to expose Balance RVA’s network to any hardware, software, files or otherwise that may contain viruses and malware.  Balance RVA is not responsible for any damages or costs that are incurred as a result of Member violations.
  7. Members agree to indemnify and hold harmless Balance RVA and all its parent and subsidiary affiliates, managers, other Members, employees, and agents from and against any and all liability, damages, losses, charges, expenses, fines, and costs (including attorney’s fees and costs, and the costs of enforcing this indemnity) arising out of Member acts or omissions on the premises.
  8. 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. 
  9. If for any reason Member’s membership benefits are revoked for cause, Member shall immediately remove all personal belongings from the premises and cease all use of membership benefits.  Any items not picked up within 24 hours will become the property of Balance RVA and donated.  Member may not return to the premises without the prior permission of Balance RVA management, and agrees to: 1) pay all fees and charges owed to Balance RVA; 2) return all keys and any other property that belongs to Balance RVA; and 3) leave the premises in clean and good condition. Balance RVA has the right to deny access without court approval when enforcing the right to terminate a membership.  Member will be responsible for attorney’s fees and costs incurred by Balance RVA to enforce this clause.
  10. Should Member fail to relinquish all keys as required under the terms of this agreement, Member will be charged $100 per office/type of key to cover the expense and installations of new locks.
  11. The entire risk as to the quality arising out of participation in or the use of Balance RVA’s premise or services remains with Member. Balance RVA reserves the right to disclose information about Member or its participation in Member services that it deems necessary to satisfy any applicable law, regulation, legal process or governmental request. 
  12. Balance RVA may take pictures of Member working in its space or at Balance RVA events and use such pictures for marketing purposes.  Member expressly consents to use of likeness for this sole purpose.
  13. Balance RVA reserves the right to modify this Membership Agreement at any time by posting a notice on the Member website and/or by sending notice to the Member email address on file with Balance RVA.  Substantive changes, including any changes to Membership pricing (for members on a Month-to-Month plan), will be communicated with a minimum of 60 days notice.