Legal Agreement: Terms of Service

TERMS OF SERVICE

 

GENERAL

These terms of service (these “Terms” or this “Agreement”) apply to your use of the services provided by Sidecar, LLC, a Montana limited liability company (“Sidecar”). Contingent on the membership level selected, you (“you”, or the “Member”) will be permitted to have exclusive utilization of a single desk, shared workspaces, or a private office, along with access to common areas/items and internet service at Sidecar (the “Membership”).

If at any time the Member fails to pay any amount due for the Membership, Sidecar may immediately and without any further notice terminate the Membership, including cancellation of rights of access to Sidecar property.

The Member will remain responsible for all payments due hereunder. If the Membership is terminated and the Member does not remove all belongings and property by the end of the month in which it cancelled the Membership, or immediately in the case of an earlier termination, then Sidecar shall be authorized to collect any materials belonging to the Member and place them in a box for the Member to pick up. The box may be disposed of after one calendar week if not picked up. Any costs of enforcement, collection, and disposal, including attorney’s fees, will be the responsibility of the  Member.

The cost of repairing any damage other than wear from ordinary use may be charged and deducted from any monthly payment by the Member, in which case the Member must reimburse Sidecar immediately for any resulting deficiency in order for the Membership to continue. The Member is responsible for obtaining their own renter’s insurance to cover their personal items left in the space.

PAYMENT AND BILLING

Payment Methods: Sidecar utilizes a software called Proximity for membership management, billing, and payments. Proximity will automatically charge the Member to the payment method provided by the Member on the 1st of each month. The Member can provide a credit card (which will include a 2% transaction fee) or choose ACH (no transaction fee). If the Membership begins on a date other than the 1st of the month, the first month’s membership fee will be prorated appropriately. You will receive email notifications from Proximity regarding billing and membership renewal. These Terms, the Member’s billing information, and Membership history can be viewed at any time through Proximity.

Holding deposits: Sidecar will require a deposit equal to one month’s membership fee to hold the Membership for a future start date. Deposits are non-refundable within 60 days of the Membership start date. If the Member wishes to withdraw the Membership more than 60 days prior to the Membership start date, the Member’s deposit will be refunded and the Membership forfeited. When the Membership begins, holding deposits will be applied as a credit to the first month’s membership payment and the Membership commitment begins. 

Cancellation: Members may cancel the Membership at any time by providing 30 days written notice delivered in person, by email, or through Slack to their community manager. The Member will be billed monthly for the full amount of their initial membership commitment (the “Membership Commitment”) regardless of cancellation date. For example, if the Member signs up for a Private Office with a 6-month Membership Commitment and cancels after two months, the Member will be billed for the full six months. If the Member cancels the Membership while on a month-to-month Membership, the Member will be billed for the full month following such cancellation. For example, if the Member cancels the Membership on March 20, the Member will be billed for the entire month of April. Unless otherwise agreed upon in writing, the duration of Membership Commitments are as follows: 

  • PRIVATE OFFICES 6-month Membership Commitment, continuing on a month-to-month basis thereafter (the “Private Office”). 
  • DEDICATED DESKS 6-month Membership Commitment, continuing on a month-to-month basis thereafter (the “Dedicated Desk”). 
  • SHARED WORKSPACE 3 month Membership Commitment, continuing on a month-to-month basis thereafter (the “Shared Workspace”). 
  • FRIENDS OF SIDECAR 3 month Membership Commitment, continuing on a month-to-month basis thereafter (the “Friends of Sidecar”). 

The Membership Commitment begins on the start date of the Membership, not the date of reservation or deposit. Memberships with shorter term commitments may be avaiable for an additional charge. 

Annual Membership Fee Increase: Sidecar reserves the right to increase the membership fee by providing 30 days written notice delivered in person, via email, or through Slack to the Member. Sidecar will increase the membership fee automatically, without additional notice to the Member, by 5% on January 1st of each year. If the Member has any questions regarding their membership fee, they can reach out to the Sidecar at hello@thesidecar.club. 

MISCELLANEOUS

Hours: The Dedicated Desk and the Private Office may be utilized by the Member 24 hours a day, 7 days a week by the Member. The Shared Desk can be utilized by the Member between the hours of 9:00 am - 5:00 pm, Monday through Friday.

Subletting: The Membership is for your individual use only and may not be shared with or sublet to another individual or company without written consent from Sidecar. 

Environment: Sidecar is a shared professional working environment. All members have a right to a quiet, working atmosphere. Phone calls and conversations are always acceptable in the coworking space; However, please keep in mind a respectful level of volume is expected and appreciated. If your phone call or conversation may disrupt others utilizing the coworking space, please relocate your conversation/phone call to one of the general areas, phone booth(s), or conference rooms. If someone has headphones in, please send them a digital message prior to bothering in person as interruption may disrupt their workflow.

Phone Booths: The phone booths are available for meetings, phone calls, web meetings, etc. Please do not allow the phone booths to become your second home - to use them, book via the appropriate avenue as outlined in your welcome packet (verify your desired time slot is open). Phone booths may also be used without prior reservation but only provided the desired term is free. First come, first serve.

Refrigerator: Refrigerators are cleaned out weekly at 3 p.m. on Fridays in order to keep the fridge fresh, organized, and spacious for the following week. If you want to leave anything in the fridge over the weekend, please make sure to leave a sticky note with your name on it saying it should be kept. Any items left in the fridge on Fridays after 3 p.m. without a note will be removed, including the container.

Refreshments: Coffee, water, soft drinks and beer are complimentary with membership. We expect members of our community to drink responsibly in our space. Alcohol is available for members over 21 years in age. Remember, this is a professional environment.  If libations are abused, it will be dealt with on an individual basis.

Guests: While guests are always welcome, it is required that all guests are accompanied by a member at all times and never given keys to the building/office. The inviting member is 100% responsible for their guests’ actions at all times and is responsible for ensuring their actions are in correspondence with this Agreement. If this policy is abused, Sidecar reserves the right to suspend after hours privileges and/or forbid guests from being in the space.

Member Registry: The member registry is maintained by Sidecar via Proximity’s Member Directory (the “Member Registry”). When creating their Proximity profile, the Member may choose to opt in or out of being listed in the directory, as well as choose what contact information is or is not visible. Sidecar may maintain member registries outside of Proximity for internal administrative use only.

First Come, First Serve: Though finding an open workspace should never be an issue, if there is a time when no desks are available, let it be known we strictly practice a first come, first serve policy. Dedicated Desks and Private Offices are the only guaranteed seats.

Printing: Use of the printer, copy machine and fax machine are available only for the Member to use.

Clean Desk and Workspace: Please remember this is a shared workspace. We ask that the workspace around you is kept clean and tidy. Leaving dirty dishes or trash in any of the coworking space, including personal desks, is not acceptable. Dishes and liquids are to be bussed by the Member and placed in the designated dish bin.

Advice: Understand that any and all advice you may receive from other members, coworkers, shareholders, directors, advisors, interns, community partners, and others does not constitute professional advice and should be evaluated critically by yourself and others on your team.

Slack: You will receive an invite to the Sidecar slack channel shortly after joining Sidecar. This is utilized as the main form of communication between Sidecar leads and members. We do not use email for announcements and information related to our spaces. If there is something important you must know it is sent out via Slack, with the exception of billing information, which you will receive via email. 

Liability:  In consideration for receiving permission to use the space, you release, waive, discharge, and agree to indemnify and hold harmless Sidecar, its officers, agents, or employees (hereinafter referred to as releases) from any and all liability, claims, demands, actions, and  causes of action whatsoever arising out of or related to any loss, damage, or injury, including death, that may be sustained by you or your guests, or  to any property belonging to you or your guests, while in or on the premises, if such loss is caused by your action, inaction, or negligence and regardless of whether such liability arises in tort,  contract, strict liability, or otherwise, to the fullest extent allowed by law. 

You voluntarily assume full responsibility for any risks of loss, property  damage, or personal injury, including death that may be sustained by you  or your guests, or any loss or damage to property owned by you or them  if caused by your own or your guests’ actions, inactions, or negligence, to the fullest extent allowed by law.   

Limitation of Liability: IN NO EVENT SHALL SIDECARE BE LIABLE TO THE MEMBER OR TO ANY THIRD PARTY FOR ANY LOSS OF USE, REVENUE OR PROFIT OR LOSS OF DATA OR DIMINUTION IN VALUE, OR FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, OR PUNITIVE DAMAGES WHETHER ARISING OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE AND WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND NOTWITHSTANDING THE FAILURE OF ANY AGREED OR OTHER REMEDY OF ITS ESSENTIAL PURPOSE.

IN NO EVENT SHALL SIDECAR HAVE AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT, WHETHER ARISING OUT OF OR RELATED TO BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, EXCEEDING THE AGGREGATE AMOUNTS PAID OR PAYABLE TO SIDECAR PURSUANT TO THIS AGREEMENT AND THE MEMBER’S MEMBERSHIP.

Governing Law: All matters arising out of or relating to these Terms are governed by and construed in accordance with the internal laws of the State of Montana without giving effect to any choice or conflict of law provision or rule (whether of the State of Montana or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than those of the State of Montana.

Confidentiality: You acknowledge and agree that during your participation in and use of Sidecar you may be exposed to Confidential Information of either Sidecar or its affiliates. “Confidential Information” shall mean all information, in whole or in part, that is disclosed by Sidecar or  its affiliates. Confidential Information also includes, without limitation, information about business, sales, operations, know how, trade secrets, technology, products, employees, customers, marketing plans, financial information, services,  and business affairs.

Your participation in and/or use of Sidecar obligates you to 1) maintain all Confidential Information in strict confidence; 2) not to disclose Confidential Information to any third parties; 3) not to use the Confidential Information in any way directly or indirectly detrimental to Sidecar or any member/user of the services.

All Confidential Information remains the sole and exclusive property of Sidecar or the respective disclosing party. You acknowledge and agree that nothing in this Agreement or your participation or use of Sidecar will be construed as granting any rights to you, by license or otherwise, in or to any Confidential Information, or any patent, copyright, trademark or other intellectual property or proprietary rights of Sidecar or any member/user of the Membership.

Harassment: Sidecar cares about creating an open and welcoming community, and we are committed to making membership a respectful and harassment-free experience for everyone, regardless of gender, gender identity and expression, sex, sexual orientation, race, ethnicity, national origin, immigration status, age, political affiliation, or religion.

Harassment includes, but is not limited to:

  • Offensive comments or jokes related to gender, gender identity and expression, sexual orientation, disability, mental illness, physical appearance, body size, age, race, national origin, immigration status, or religion.
  • Gratuitous or off-topic sexual images or behavior.
  • Physical contact and simulated physical contact (hugs/etc.) without consent or after a request to stop.
  • Threats of violence and/or incitement of violence.
  • Deliberate intimidation.
  • Stalking or following.
  • Harming the discussion or community with methods such as sustained disruption, interruption, or blocking of community collaboration (i.e., trolling).
  • Non-consensual publication of private correspondence.
  • Unwelcome comments regarding a person’s lifestyle choices and practices, including those related to food, health, parenting, drugs, and employment.

Individuals asked to stop any harassing behavior are expected to comply immediately. If the Member engages in harassing behavior, Sidecar retains the right to take any actions it deems appropriate to keep Sidecar a welcoming environment for all members. This includes but is not limited to warning the offender, facilitating an apology, asking the offender to leave the community, cancelling the Member’s Membership immediately, or, if necessary, calling the police. 

Assignment: You will not assign any of your rights or delegate any of your obligations under these Terms without Sidecar’s prior written consent. Any purported assignment or delegation in violation of this Section is null and void. No assignment or delegation relieves you of any of your obligations under these Terms.

No Waivers: The failure by Sidecar to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any right or provision will be effective only if in writing and signed by a duly authorized representative of Sidecar.

No Third-Party Beneficiaries: These Terms do not and are not intended to confer any rights or remedies upon any person other than you.

Notices.

To You. We may provide any notice to you under these Terms by: (i) sending a message to the email address you provide. Notices sent by email will be effective when we send the email (with no “bounce-back”). It is your responsibility to keep your email address current.

To Sidecar. To give Sidecar notice under these Terms, you must contact Sidecar as follows: (i) by email by sending an email to hello@thesidecar.club. Notices provided by email (with no “bounce-back”) will be effective immediately. 

Severability: If any provision of these Terms is invalid, illegal, void or unenforceable, then that provision will be deemed severed from these Terms and will not affect the validity or enforceability of the remaining provisions of these Terms.

Acceptance of Terms: By signing this Agreement, you  acknowledge that you have read, understood, and agreed the Terms. These Terms may change and are binding once the revised agreement has been signed and posted online. Notifications will be sent out to all current members upon revision of these policies. Violation of the Terms could mean being removed from Sidecar community as an event attendee, coworking member, community organizer, mentor, investor, guest or staff.