COWORKING DAY PASS AGREEMENT
Last Revised – November 26, 2021
IMPORTANT- IF YOU DO NOT AGREE WITH ANY OF THE TERMS OF THIS DAY PASS AGREEMENT (“TERMS” or “TOU”), DO NOT ENTER YOUR INFORMATION TO AGREE TO PURCHASE A DAY PASS AND DO NOT CLICK “BUY COWORKING PASS” OR “CONFIRM”. YOU ACKNOWLEDGE AND AGREE THAT, BY CLICKING “BUY COWORKING PASS”, “CONFIRM”, AND/OR TICKING THE CHECKBOX TO AGREE TO THESE TERMS AND CONDITIONS OF OUTSITE, YOU ARE ENTERING INTO AN AGREEMENT WITH OUTSITE INC. (“OUTSITE”) AND INDICATING THAT YOU HAVE READ IN FULL, AND THAT YOU UNDERSTAND AND AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS, THEN YOU HAVE NO RIGHT TO BUY A DAY PASS.
1. DAY PASS AGREEMENT
This Day Pass Agreement is between OUTSITE, Inc. (“OUTSITE”) and the individual accepting this Agreement herein referred to as (“COWORKING GUEST”).
OUTSITE reserves the right, at its sole discretion, to modify these Terms. If we change these Terms we will publish it on the website. By continuing to access or use the Site you are indicating that you agree to be bound by the modified Terms. If the modified Terms are not acceptable to you, your only recourse is to cease using the Site.
The Day Pass is only available to those individuals who are 21 years of age or older. By accepting this agreement you represent and warrant that you are 21 years of age or older.
The Day Pass gives the COWORKING GUEST access to the use of a flex desk at our OUTSITE Lisbon Coworking Space located at 109 Rua de Sao Paulo Lisboa, Portugal 1200-275, hereinafter also referred to as “Coworking Space”.
Any questions about this Agreement or any rules not covered here, should be addressed by email to [email protected]. Otherwise, here are the Rules of OUTSITE Coworking, which all COWORKING GUESTs, including you, agree to in its entirety.
These are the general rules that you accept and agree to to abide by:
a. NOISE. We are all trying to get work done, so try to be mindful and respectful. Generally, if someone has their headphones on, please respect their privacy. While collaboration is encouraged, this is a workplace, first and foremost.
b. CALLS. When making a phone/video call please use the small meeting room or phone booth. If your phone calls are lengthy, loud, or continuous, OUTSITE Coworking may not be the best space for you.
c. MEETING ROOMS/PHONE BOOTH: Please know in order to use the meeting room/phone booth you will need to reserve them in advance with the Ipad located on the wall next to the meeting room. You can reserve the meeting room/phone booth up to a (1) one-hour maximum consecutively and up to (2) two-hour maximum per day. Reservations for the meeting/phone booth cannot be made online and the OUTSITE STAFF will not be responsible for making reservations.
d. INCLUSION. People from all ethnicities, genders, orientations, abilities and ages are welcome to be part of OUTSITE. We are rooted in a diverse and independent community, using the remote work revolution to define a new way of life. In order to foster the connections our Community is built on, all COWORKING GUESTs need to feel safe and supported in their environment.Any behaviour that is deemed discriminatory, disruptive or abusive, including any form of verbal or physical abuse, the use of derogatory or discriminatory language, gestures or actions, any form of harassment, racism, sexism, or any other targeted comments which may violate any local, state or federal laws or cause personal offence to another COWORKING GUEST, whether in-person, via online messaging or any other method of communication is not permitted. We will take action against any COWORKING GUEST found to demonstrate such behaviours, including revoking any purchased PASSES.
e. DESK USE. You are welcome to use any of the available seating areas. We ask that you please respect any areas that have been reserved.
f. LOCKERS. For COWORKING GUESTS who want to store valuables we have lockers available. Please know we are not responsible for COWORKING GUEST’S valuables and you use the lockers at your own risk. A replacement key fee of $10 will be charged if the key is lost.
g. ETIQUETTE. Coworking is a communal experience. In order for everyone to enjoy the Space, COWORKING GUESTS should maintain clean and tidy living spaces, keep noise levels to a respectful level, and be considerate of all others they are sharing the space with.Please be mindful of those around you.
h. VISITORS. Visitors and extra guests are not allowed. All visitors must purchase a DAY PASS in order to use the OUTSITE COWORK CAFE.
i. ACCESS. Please know you must always check-in at the entrance before using the Coworking Space.
j. HOURS OF OPERATION. Every COWORKING GUEST gets access to the Coworking Space during operating hours Mon-Fri From 9 AM – 6 PM. Under no circumstances is staying in the Coworking Space after 6 PM allowed.
k. CLOSING TIME. The Coworking Space closes at 6 PM. Please know you will be asked to leave the Space at 6 PM so please plan accordingly.
l. DAMAGE. The COWORKING GUEST agrees to pay OUTSITE for any damage that results from their use of the Coworking Space, if OUTSITE deems the COWORKING GUEST was at fault of such damage.
m. INSURANCE. All COWORKING GUESTS understand and accept that OUTSITE does not provide insurance for material or human loss, and that no refunds will be given due to human or natural disaster.
n. LEGAL: COWORKING GUESTS are expected to conduct themselves in alignment with local laws and restrictions. Any COWORKING GUEST found to be disregarding local, government and/or state laws in any Outsite Space will be removed from the community.
3. FEES & PACKAGES
a. PASS FEES. We will collect the corresponding fees depending on the package chosen when you sign up on the outsitecoworkcafe.com website and you click “Submit” or “Buy Day Pass”. Please know you will need to purchase a PASS in order to access the OUTSITE Coworking Space.
COWORKING SPACE PASS PACKAGES
i.Daily 17€ – 1 day pass
ii.Weekly 70€ – 5 day passes
iii.Flexi 150€ -10 day passes
iiii.Monthly 150€ – 20 day passes
b. VALIDITY AND EXPIRATION. PASSES can only be used during OUTSITE Coworking Space operating hours. Monday – Friday 8am – 5pm. PASSES are only valid for the dates agreed to as START and END dates. All PASSES will expire after the END DATE regardless of whether all of the PASSES have been used or not.
c. WELCOME DRINK. The purchase of a PASS includes (1) one welcome drink. The welcome drink consists of a coffee, tea or any other non-alcoholic beverage that is offered on the COWORKING CAFE menu. You will receive (1) one welcome drink voucher per PASS PACKAGE purchased, so please know if for example you purchase a MONTHLY PASS PACKAGE you will only receive (1) one voucher for one (1) welcome drink ONLY.
d. FLEXI PASS PACKAGE: The FLEXI PASS includes 10 day passes that may be used anytime during operating hours and expire one year from the purchase date.
e. MONTHLY PASS PACKAGE: COWORKING GUESTS who purchase a MONTHLY PASS may use the OUTSITE Coworking Space mailing address for their mail during the duration of the MONTHLY PASS. The mail will be collected by OUTSITE STAFF and distributed accordingly. OUTSITE is not responsible for lost mail. OUTSITE will keep any unclaimed mail up to 18 days.
4. TERM & TERMINATION
a. CANCELATION. If you want to terminate your agreement before the end of the Term, we will not refund any of the day pass fees that you paid up front. Specifically, this means that we will not do pro-rata refunds. Please know that Passes are non-transferable.
c. TERMINATION OF THIS AGREEMENT. We reserve the right to terminate your day pass and experience at OUTSITE at any time without notice. The Conduct section outlines the primary actions that could lead to termination. Beyond those listed in the Conduct section, you agree to not use the Coworking Space for any illegal, profane, or dangerous purposes. This includes any purpose that could disable or impair any of the OUTSITE Property, keep other COWORKING GUESTS from using the Coworking Space, or that would hurt OUTSITE as an ongoing business, this includes the use of our Internet, any network, computer system, or information. If we terminate this agreement because of your conduct, we will not refund any fees.
5. LEGAL CONDUCT
You, the COWORKING GUEST, agree to NOT use the OUTSITE Coworking Space in connection with:
a. Contests, pyramid schemes, chain letters, junk email, spamming or similar annoying behavior;
b. Defaming, abusing, harassing, threatening or otherwise violating the legal rights (such as privacy and publicity) of others;
c. Posting, distributing or disseminating inappropriate, profane, defamatory, obscene, indecent, or unlawful material or information;
d. Uploading, reproducing, using, performing or otherwise making available, images, software or other material or information which infringes on another’s rights, or is protected by intellectual property laws where you do not own or license such rights;
e. Uploading or using files that contain viruses, corrupted files, or any other similar software or programs that may damage the OUTSITE Property or the computers or property of a COWORKING GUEST of OUTSITE.
6. CONFIDENCES & CONFIDENTIAL INFORMATION
You acknowledge that during your use of the Coworking Space, you are going to be exposed to things like business information, trade secrets, technology, messages, customers and prospects, and other confidential information a company or individual would not normally share but is disclosed by COWORKING GUESTS though due to proximity or observation. COWORKING GUESTS agree not to share under any circumstances the exclusive and confidential information gathered intentionally or unintentionally.
7. DISCLAIMER OF LIABILITY
Neither OUTSITE nor its COWORKING GUESTS or Staff will assume any liability to you with respect to your access to, participation in, use of OUTSITE, or any loss of information or other property resulting from such participation or use.We also want to be clear that while we will do our best to secure our Internet and network systems, you agree that we are not liable for any data loss, corruption or viruses.
You also agree that OUTSITE will not assume liability for damages or injuries to you the COWORKING GUEST or any clients, guests, or other parties that the COWORKING GUEST may invite to the Coworking Space.
a. NO WARRANTY. OUTSITE PROVIDES A DESK AS A SERVICE AND NOT AS A LEASE OF REAL PROPERTY, AND DISCLAIM ALL WARRANTIES AND CONDITIONS, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR USE, TO THE EXTENT PERMITTED BY LAW. THERE IS ALSO NO WARRANTY OF TITLE, QUIET ENJOYMENT OR POSSESSION. THE ENTIRE RISK OF PARTICIPATING IN OR USING OUTSITE SERVICES, REMAINS WITH YOU.
b. LIMITATION OF LIABILITY. IN NO EVENT SHALL OUTSITE OR ITS AGENTS, OWNERS, COWORKING GUESTS, OR EMPLOYEES BE LIABLE FOR ANY DIRECT, SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE, CONSEQUENTIAL OR OTHER DAMAGES WHATSOEVER (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOST 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 LOSS) ARISING OUT OF OR IN ANY WAY RELATED TO OUTSITE SERVICES OR OTHERWISE, TO THE EXTENT PERMITTED BY LAW.
c. FORCE MAJEURE. NEITHER PARTY IS LIABLE FOR, AND WILL NOT BE CONSIDERED IN DEFAULT OR BREACH OF THIS AGREEMENT ON ACCOUNT OF ANY DELAY OR FAILURE TO PERFORM AS REQUIRED BY THIS AGREEMENT AS A RESULT OF ANY CAUSES OR CONDITIONS THAT ARE BEYOND SUCH REASONABLE CONTROL AND WHICH SUCH PARTY IS UNABLE TO OVERCOME BY THE EXERCISE OF REASONABLE DILIGENCE, PROVIDED THAT THE AFFECTED PARTY WILL USE BEST EFFORTS TO RESUME NORMAL PERFORMANCE.
YOU ALSO RELEASE, AND AGREE TO INDEMNIFY, DEFEND AND SAVE HARMLESS OUTSITE, ITS AGENTS, OWNERS, COWORKING GUESTS AND EMPLOYEES, FROM AND AGAINST ALL CLAIMS, LIABILITIES, LOSSES, DAMAGES, EXPENSES, JUDGMENTS, FINES AND PENALTIES BASED ON OR ARISING OUT OF YOUR NEGLIGENT ACTIONS, ERRORS AND OMISSIONS, WILLFUL MISCONDUCT OR FRAUD, BREACH OR VIOLATION OF THE RULES OF OUTSITE OR OTHERWISE SUFFERED IN CONNECTION WITH YOUR PARTICIPATION IN OUTSITE OR USE OF OUTSITE PROPERTY.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, OUTSITE IS NOT LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, ECONOMIC OR PUNITIVE DAMAGES EXPERIENCED BY THE COWORKING GUEST, EVEN IF WE HAVE BEEN ADVISED OR PUT ON NOTICE OF THE POSSIBILITY OF SUCH DAMAGE(S).
a. CHANGES TO THIS AGREEMENT. From time to time, we will need to update this Agreement, which you will be required to agree to. For big changes, we will do our best to give you notice ahead of time that changes are coming.
b. ASSIGNMENT OF THIS AGREEMENT. Take note that you cannot assign this Agreement without the prior written consent of OUTSITE.
c. CHOICE OF LAW & VENUE. Since OUTSITE is in Austin, we all agree that the law of the great State of Texas governs this Agreement. And we further agree that exclusive jurisdiction and venue for all purposes under this Agreement shall be in Austin, Texas; all consent to such jurisdiction and venue.
d. SEVERABILITY. Finally, in the highly unlikely event that any provision or portion of this Agreement is determined to be invalid, illegal or unenforceable for any reason, in whole or in part, the remaining provisions of this Agreement shall be unaffected and shall remain in full force and effect to the fullest extent permitted by law.