Legal Agreement: Terms of Service

  1. Names and Titles. The executed Member Service Agreement (“MSA”) constitutes a license agreement between the licensee (“Member”) that executed the MSA and the licensor doing business as Peak Cowork (the “Business Center Operator”) listed in the Business Center Summary section of these Terms and Conditions. The Business Center Operator is an independent owner and operator of the Member’s Peak Cowork location (“Business Center”).
  2. Business Center Rules. In addition to these terms and conditions, the Business Center may have additional guidelines (Business Center Rules) that members utilizing the space or services must abide by and will be furnished upon request. In the event of any inconsistency between the provisions of the Business Center Rules, and the Terms and Conditions, the terms of the Business Center Rules shall control.
  3. Walk Through/Inspection. At the time of signing the MSA, a Peak Cowork employee will take the Member for a room inspection. At this time, the employee is required to fill out a “Room Inspection Checklist” on behalf of the Member. This is used to indicate any damage that has occurred from previous tenants. Failure to correctly point out any discrepancies at the time of the employee filling out the RIC shall render the Security Deposit. The Member and employee must date and sign the RIC at the time of examination. 
  4. Invoices. Invoices will be distributed at the beginning of each month. 
  5. Payment. Payment of monthly invoices is due on or before the fifth (5th) day of each monthly term. All month-to-month members are required to utilize the auto-bill system. All setup fees or retainers must be paid in full prior to commencement of service. No cash payments will be accepted. Upon selecting auto-bill, Member has authorized the Business Center to charge Member’s account for all current fees and all past due invoices, which may be charged as separate payments.
  6. Sales Tax. Members agree to pay any applicable sales tax as required by any governmental agency.
  7. Credit Card Fees, Late Fees and Insufficient Fees. Credit Card Processors may charge a credit card fee, currently 2.9%, where permitted by law. For recurring invoices not paid by the fifth (5th) day of the month, the late fee will be seventy-five dollars ($75) per day. The Business Center will not be responsible for any insufficient fund fees charged by a member’s bank as a result of auto-bill. Peak Cowork will charge a minimum fee of twenty-five dollars ($25) each time any charge or debit cannot be collected due to insufficient funds.
  8. Retainer. The retainer (“Security Deposit”) amount shown in the MSA must be paid by the Member at the time of the MSA execution. The retainer will be held by the Business Center throughout the initial term and any automatic renewal period to secure the performance of Member’s obligations, covenants and agreements. The Business Center shall have the right to apply all or any portion of such retainer to the Member, without interest, within sixty (60) days after termination. The Business Center shall use commercially reasonable efforts to return the retainer to the Member. If the Member cannot be located, the retainer shall be forfeited one (1) year after termination of the MSA.
  9. Cleaning Fee. A minimum cleaning fee of one hundred and twenty-nine dollars ($129) shall be charged upon move out for any dedicated space occupied by a Member. This fee covers the cleaning of the space, including the removal of abandoned items. This fee will be determined at the sole discretion of the Business.
  10. Restoration Fee. Each room is required to be reversed to the original condition at the time of signing the MSA. This includes reverting the color of the walls to the original color palette of the room and patching holes in drywall.
  11. Termination by Month-To-Month Member. Any Member with a month-to-month term MSA may terminate the MSA by contacting their Business Center via email, personal delivery, or certified mail requesting termination in writing. Such termination shall be effective 30 days following receipt by the Business Center. A final invoice will be issued after the termination date for any remaining usage charges. Upon the termination date, all services shall immediately cease.
  12. Termination by Other Members. Members with a MSA containing a term other than month-to-month may terminate the MSA early by sending an email, personal delivery, or certified mail to the Business Center requesting termination in writing at least 30 days prior to the requested termination date. Members may terminate early by, 1) agreeing to pay an early termination fee where applicable, and 2) paying all invoices and fees on or before the termination date. The early termination fee is equal to the greater of a) 2 months fees, or b) one-third of the remaining total obligation. All fees including any applicable late fees, interest and early termination fees set forth in the MSA must be paid prior to the requested termination date. Termination shall be effective on the last day of the next month following receipt of notice if the above terms are met.
  13. Automatic Renewal. At the end of the initial term, the Member’s MSA will automatically renew on a month-to-month basis at then-current pricing until notice via email is provided by the Member as stated in the Termination by Month-To-Month Member section of these Terms and Conditions. A Member’s right to renew the MSA at the end of the original term is subject to approval by the Business Center in its sole discretion. Such renewals are subject to any then-current pricing determined by the Business Center as stated in Price Changes and Terms and Conditions section of these Terms and Conditions.
  14. Meeting Room (Conference Room) Cancellation Policy. All meeting room reservations have a minimum 24-hour cancellation policy unless otherwise noted by Business Center. Failure to comply with this policy will result in Member being charged the full price of the scheduled meeting. Contact the Business Center for details.
  15. Service Provisions. Services provided to the Member are indicated in the MSA and supporting sales documents. Some restrictions may apply. Additional services may be added by the Member for an additional cost. Services are intended for the direct and personal use of the individual Member or Members and not as a substitute for a call center, corporate/medical reception desk or any similar use. The Business Center will notify a Member if it believes that Member’s usage is not in accordance with this policy and may limit the services or implement charges for the excessive usage.
  16. Telephone and Internet Services. The Business Center agrees to supply commercially reasonable business level Internet access (intended for email, web browsing and occasional upload/download of data) and telephone service if applicable. If such services are suspended for maintenance or fail for any reason, Member shall not be entitled to any financial damages from the Business Center in regard to loss of service, including consequential damages. The Business Center’s responsibility shall be to restore the service as soon as commercially reasonable. The Business Center may allocate available bandwidth and restrict specific uses among the Members so that Members are provided with reasonable levels of service. Internet access may be used only for lawful purposes and any Member violating this policy may be terminated immediately.
  17. Mail. Mail receipt and mail sorting are services provided by The Business Center. Member must comply with any applicable State or Federal laws regarding mail receipt and distribution. Member releases The Business Center from any liability arising out of or incurred in connection with any mail or packages received on behalf of the Member. Upon termination of services, all mail will be returned to sender. The terminating member is solely responsible for making forwarding arrangements with the U.S. Postal Service and any other applicable delivery companies.
  18. Member Provided Equipment. Members must seek the written permission of the Business Center prior to installing equipment, such as switches, hubs, routers, servers, printers, scanners, fax machines or VOIP phones, in the Business Center. Personal firewalls installed by the member may interfere with our systems. If this equipment interferes with the optimal functioning of the Business Center network, the Member may be charged tech support fees to restore the network to previous working order. The Business Center disclaims responsibility for any Member equipment stored in any dedicated space, telecommunications room or other facility at the Business Center. The Business Center does not support any Member provided equipment.
  19. Technical Maintenance. If the Business Center observes technical maintenance, the network may be offline, the Member shall not be entitles to any refund regarding shortages caused by technical maintenance. 
  20. Telephone Numbers and Porting. Members using telephone services have the option of 1) using a phone number supplied by the Business Center, 2) porting their phone number to the Business Center network, or 3) retaining their own phone number which they forward to the Business Center. If a Member utilizes options 1 or 2, the phone number becomes the property of the Business Center. At any time, Members can choose to port off most phone numbers owned by the Business Center as described in options 1 and 2 above. After porting off, the phone number becomes the property of the Member. Porting on or off is subject to fees outlined by the Business Center and to restrictions imposed by the Business Center and the Member carriers. Members must be current with all invoices prior to porting off a phone number and must complete and sign required paperwork for the process to take place. Porting can be a time consuming and frustrating process due to the cooperation required from multiple telephone companies. For this reason, the Business Center cannot provide a time estimate as to the duration of the process. The Business Center is not liable for any damages incurredby Member from delays in completion of the porting process.
  21. Price Changes and Terms and Conditions. All month-to-month MSA pricing, additional services, and meeting space pricing is subject to change with 30-day notice from the Business Center via email. The Terms and Conditions are subject to change at any time and are available upon request from the Business Center. If changes are made to the Terms and Conditions, Members will be notified via email.
  22. Default by Member or Termination by the Business Center. If a Member does not pay its entire invoice by the 20th of the month or if the Member breaches any other provisions of the MSA or Business Center Rules, such Member’s license is subject to immediate termination and collection actions. The Business Center also has the right to immediately terminate the license of the MSA for any reason, including but not limited to, if the Member or any of Member’s guests, employees or vendors acts in a way that is incompatible with normal shared space use, is disruptive or disrespectful to other Members or the Business Center employees, violates any laws, regulations or zoning rules or acts in an immoral or unethical manner. Appropriate Business Center conduct may be further defined in the Business Center Rules. Unused monthly services do not have any monetary or exchange value and Member will not receive a refund of any Monthly Fees that have then been paid by Member. Member is not entitled to any refund for any paid services upon termination of the MSA. In both of the aforementioned situations, the Business Center may discontinue service and restrict the Member’s access to the Business Center and any Member services, including, but not limited to, changing the password on the Member’s voicemail, discontinuing electronic access, discontinuing live phone answering services, halting acceptance of mail, and changing locks on dedicated spaces. Member shall pay upon demand all costs and expenses, including reasonable attorney fees, incurred by the Business Center in enforcing the observance and performance by Member of all covenants, conditions and provisions of the MSA, as applicable, to be performed by Member resulting from Member’s default. If a Member that is terminated for nonpayment, subsequently makes the required payments and then continues service, a new setup fee will be charged. If the Member benefited from a special discount, promotion or offer, the Business Center Operator may discontinue that discount, promotion or offer without notice if the Member materially breaches these terms and conditions.
  23. Keys and Security. Business Center keys must not be duplicated. Shared entry points are to remain locked after hours and cannot be propped open. In the event of a lost or unreturned dedicated space key, mailbox key or security card or fob, the Business Center must be informed immediately, and Member must pay the costs of replacement and rekeying of locks if necessary. All keys and security cards or fobs must be returned upon termination of the MSA. Members may be subject to a fee for all key, security cards, or fob replacements as determined by the Business Center. Members may not change or add locks to any door or window.
  24. Insurance, Responsibility of Member. It is the Member’s responsibility to provide personal property and general liability insurance for the Member and any employees, guests, visitors, vendors or other third parties associated with the Member, and the Member’s personal property located in the Business Center.
  25. Insurance, Responsibility of the Business Center. The Business Center shall have and maintain in effect at all times property and general liability insurance in such amounts as shall be determined appropriate by the Business Center.
  26. Governing Law. These Terms and Conditions are governed by and shall be construed in accordance with the laws of the state in which the Business Center resides, without reference to principles of conflicts of the state’s law. All claims and disputes arising under or relating to these Terms and Conditions are to be settled by binding arbitration in the state of the Business Center.
  27. Nature of the Agreement. The MSA is the equivalent of a revocable license. Member agrees that the MSA creates no tenancy, leasehold estate or any other property interest. Member hereby acknowledges and agrees that the MSA is subordinate to the terms of the lease agreement between the Business Center and its landlord.
  28. Assignment or Sublicensing. Dedicated space use is limited to the Member listed on the MSA. Member may not assign the MSA without the written consent of the Business Center and any attempted assignment without such consent shall be void. Any consent by the Business Center shall not relieve Member of its primary obligations including the payment of all fees. Business Center may assign or transfer this MSA or any of its rights under this MSA without notice to Member, except as otherwise required by law.
  29. Maintenance and Use of Dedicated Space. Member agrees to maintain dedicated space in good condition and repair any damage caused by Member at Member’s cost and expense. Member further agrees at the end of the term of the MSA to return the dedicated space to the Business Center in substantially as good condition as when received. Member shall use the dedicated space for general office purposes only. Member shall conform to all present and future laws and ordinances affecting the building. No storage of any material outside of the dedicated space shall be allowed unless first approved by the Business Center. Member shall not store or use any hazardous materials in the dedicated space. Member further agrees not to install any electrical equipment that overloads any electrical paneling, circuitry or wiring and further agrees to comply with the requirements of the insurance underwriter or any governmental authorities having jurisdiction thereof.
  30. Pet Policy. For the safety and comfort of all members, neither pets nor emotional support animals are allowed in the Business Center unless mandated by law.
  31. Fitness Center. Guest undertakes use of the fitness center exercise equipment and facilities at their own risk. Guest expressly assume all risk of loss or injury themselves or to the property resulting from their intended use in any way related to the equipment and facilities. Guest fully and forever releases Peak Cowork, its owners, agent, employees and affiliates from any and all claims, demands, damages or case of action, present and future, resulting from, arising out of our related in any way to the members' use or intended use of the fitness center, its equipment or facilities. In case of accident, Guest agrees to be examined by Guest's own physician at Guest's sole expense, within 24 hours of such accident.
  32. Personal Property Taxes. Member shall be responsible for all taxes and assessments levied and or assessed by any governmental authority against any furniture, fixtures or equipment owned by Member.
  33. Inspection and Right of Entry. The Business Center shall have the reasonable right to enter dedicated space for inspection, to make repairs, alterations, improvements, additions, or for any other reason the Business Center may deem necessary or desirable. Fees shall in no way abate while such repairs, alterations, improvements, or additions are being made, for reason of loss or interruption of business of Member or otherwise.
  34. Closure of Business Center. The Business Center may relocate or close after providing notice to its Members. In most circumstances the Business Center shall provide at least 60 days notice of relocation or closure. However, if 60 days notice is not possible, commercially reasonable efforts shall be used to notify members as soon as feasible. In the event of a relocation or closure, all Members of the Business Center shall be permitted to terminate their MSA on the date of relocation or closure, but no earlier unless otherwise allowed in these Terms and Conditions. The Business Center shall have no further liability beyond the relocation or closing date.
  35. Disclaimer of Liability. Member understands and voluntarily accepts any risks associated with Member’s services or any use of the Business Center. Except where prohibited by law, Member agrees that Business Center Operator and OE Franchise, LLC and all of their affiliates and subsidiaries and their respective successors, assignees, officers, directors, owners, employees, agents and representatives will not be liable for any injury, including, without limitation, personal, bodily, or mental injury, economic loss, or any damage resulting from negligence, acts of God, acts of terrorism, and other acts of the Business Center, its employees, officers, representatives, owners, partners, or affiliates. The Member expressly and specifically agrees to waive, and agrees not to make, any claim for damages, direct, indirect, punitive, special or consequential, including, but not limited to, lost business, revenue, profits or data, for any reason whatsoever arising out of or in connection with this agreement, any failure to furnish any service provided hereunder, any error or omission with respect thereto, from failure of any and all courier service to deliver on time or otherwise deliver any items (mail, packages, etc.), or any interruption of services.
  36. Other Provisions. Business Center Operator may delay enforcing any of its rights without losing them. Business Center Operator can enforce this MSA against Member’s heirs and legal representatives.
  37. Business Center Summary. The Business Center Operator is an independent owner and operator of the Business Center. Any legal notice by the Member to the Business Center shall be given in writing by personal delivery, or certified mail with a return receipt requested, in any case delivered to the applicable entity.

Acknowledgement. By signing these Terms and Conditions, you acknowledge that you have read and understood the contents of the Terms and Conditions.