Legal Agreement: Terms of Service
NiCHE Workspaces Membership Agreement
THIS Membership AGREEMENT is made and entered into upon first payment of membership by Member, by and between NiCHE Workspaces, LLC referred to in this Agreement as ”NiCHE” or “NiCHE Workspaces” and Member Name referred to in this Agreement as "Member”.
In consideration of the covenants, terms, conditions, agreements and payments as set forth herein, the parties covenant and agree as follows:
Membership Level and Price
The Member to the exclusive use of a Private Office, Dedicated Desk, Open Seat, or Daily Use Pass, as selected by Member at NiCHE Workspaces Pearl Street, 944 Pearl Street, Boulder, CO 80302 and the use of the wireless internet and other facilities and services provided to a member. The price of the membership shall be as follows:
- Daily Pass - $29.99/day
- Open Seat - $350/month
- Dedicated Desk - $425/month
Payment is due by the first day of the month. Payment received after the fifth of the month may be subject to a late fee of 5%.
Term, Commencement, and Termination
The Term of this Agreement will be effective for a period that commences upon execution of this Agreement and terminates upon Member’s 30 day written notice. Payment of the monthly membership fee will begin on the first day of the upcoming month, with a prorated charge applied to cover the initial month. In the absence of a renewal agreement, occupancy of the space renews on a six month or twelve month basis, as dictated by the selected membership space.
The Member agrees to a minimum term of 6 months for a dedicated desk or monthly open workspace, or a minimum term of 12 months for a private office. The Member may break his or her commitment by paying the remainder of the commitment in full, less 10%. The term commences upon the completion of the prorated beginning month, where the prorated month will not count toward the minimum commitment. NiCHE Workspaces reserves the right to cancel a membership with 30 days notice to the member. Member will be responsible to pay for one month of the remaining term obligation if termination is initiated by NiCHE Workspaces.
NiCHE may terminate the membership if Member fails to pay the fees for membership in a timely manner, if Member fails to abide by any term of this agreement, if Member fails to abide by the Rules and Guidelines, or for any other reason not prohibited by law.
No Lease, 6 and 12 months
The Member agreement with NiCHE does not constitute a lease, but is rather a license between the Parties of a given space and common area. This membership is a 6 month commitment for dedicated desks and monthly open seat, and a 12 month commitment for private offices and may be terminated with proper notice. Upon completion of the 6 month dedicated desk term or 12 month private office term, the membership will automatically renew for a new 6 month or 12 month term, unless notified by the Member 30 days before the membership ends.
Rules and Guidelines
Members must adhere to the NiCHE’s Rules and Guidelines. The current Rules and Guidelines are attached to this agreement and incorporated by this reference. NiCHE may change or update the Rules and Guidelines at any time.
Members are responsible for all guests brought into the space and are responsible for making sure guests obey the Rules and Guidelines.
All members and members’ guests are responsible for their own belongings and actions. NiCHE assumes no liability in connection with any losses related to personal items or any personal injuries that occurs in the space. Should any action or inaction cause damage or cost to NiCHE, that cost is subject to be levied on Member or members.
Internet Service and Utilities
NiCHE shall furnish internet service and utilities (including gas, electricity and water) to the space. In no event shall NiCHE be liable for any interruption or failure in the supply of any such utility or service to the workspace. While NiCHE will use its best efforts in providing Member with access to Internet, Member agrees NiCHE is not liable for any damages for failure to furnish or delay in furnishing any Internet service or for diminution in the quality or quantity of any Internet services.
This Agreement shall be governed by the laws of the State of Colorado, irrespective of the choice of law rules of any jurisdiction.
Neither NiCHE, nor 954 Pearl LLC. (Landlord), nor their respective agents shall be liable for, and Member agrees to defend and hold NiCHE 954 Pearl LLC. and their respective agents harmless from, any claim, action and/or judgement for damage to the property or injury to persons suffered or alleged to be suffered on the Premises by any person, firm, or corporation. Member shall indemnify, defend and hold NiCHE and 954 Pearl LLC. harmless from and against all loss, cost and expense, including attorney’s fees, arising from any act, omissions of negligence of Member or its officers, contractors, licensees, agents, servants, employees, guests, invitees or visitors in or about the Premises. The foregoing provisions shall not be construed to make Member responsible for loss, damage, liability or expense resulting from injuries to third parties caused solely by the gross negligence or intentional misconduct of NiCHE and 954 Pearl LLC or their officers, contractors, licensees, agents, employees of other tenants of the Premises.