Legal Agreement: Terms of Service
This membership agreement is between TechArtista, LLC (“TechArtista”) and member for the use of the coworking space at 4818 Washington Blvd, St. Louis, Missouri, 63108 (the “Center”). For the mutual consideration set forth herein, these parties agree to the following provisions of this agreement.
1. TERMS AND CONDITIONS
1.1 Term. All membership levels are reviewed, renewed and paid on a month-to-month basis except for offices, which require an initial three (3) month commitment. This agreement becomes effective when signed by both Member and TechArtista, and when Member has paid their security deposit and the first month of rent. After the three month commitment, the contract is month-to-month. TechArtista requires a thirty (30) day notification of any changes or cancellation of any membership type. All members are required to pay a one-time nonrefundable $50 set-up fee at the start of the agreement.
1.2 Services. TechArtista shall provide the services set forth in Schedule B. These services may be updated from time to time, and any changes will take effect after notice and renewal of this agreement.
1.3 Rules. Member agrees to abide by the community rules set forth in Schedule A. These services may be updated from time to time, and any changes will take effect after notice and renewal of this Agreement.
1.4 Hours. Regular Business Hours are from 7:30 AM to 5:00 PM, Monday through Friday, except for U.S. Federal Holidays. The front desk will be staffed and the doors will remain unlocked during those hours.
1.5 Fees. All members with an office will pay the nonrefundable set-up fee and security deposit set forth on Schedule B. Member may not rely upon payment of any other outstanding fees from the security deposit. Membership fees are due monthly on the first (1st) of the month, and Member will owe the late fee in Schedule B for any payments on or after the first (1st) business day after payment is due. Members will be automatically invoiced and charged on the 1st of each month unless other arrangements have been arranged. TechArtista accepts payment credit card or ACH. Checks are accepted but not preferred. Partial payment is not accepted. Membership fees and other fees are subject to periodic review and change. TechArtista will notify Member at least thirty (30) days prior to increases in membership fees and thirty (30) days prior to all other fee increases. TechArtista may withhold services or terminate this agreement for failure to pay all fees.
1.6 Parking. Members are able to park for free at either of the parking lots for Trinity Episcopal Church, located across the street from TechArtista. The north side of the street is unmetered. Members may purchase single vehicle access to the gated parking lot adjacent to the Pierce-Arrow Building and East of the Center for the additional monthly cost of $50 per month, which is based upon availability. TechArtista does not control either of the parking lots and is not responsible for any damages, theft or injuries incurred at these properties, or for the discontinuation of this service.
1.7 Storage. Storage space may be purchased separately from TechArtista. No Member or Guest belongings may be kept in the Center’s common areas. TechArtista is not responsible for any loss, theft or damage to property in the common areas.
1.8 Renewal. This contract will be renewed automatically monthly unless either party gives written notice of the intent to not renew thirty (30) days prior to renewal. Either party may choose to not renew this contract, and TechArtista will periodically review each member agreement for continuing membership.
1.9 Termination. Member acknowledges and agrees that one or more of the following actions by Member, his Guest or his pet may result in immediate termination of this Agreement: a) illegal activity; b) property damage; c) personal injury to another member or guest; d) nonpayment of fees; e) violation of community rules; f) theft of intellectual property; or, g) disruptive behavior that interferes with the contractual relationship between TechArtista and other members. Termination of this agreement does not terminate the member’s duty to pay monies owed or TechArtista’s right to collect the same. All of member’s personal property must be removed immediately upon termination of this agreement, or prior to the expiration of this agreement upon non-renewal. Member waives all claims and demands with respect to property that remains at the center and is responsible for any fees incurred with respect to the removal of the property. TechArtista will not forward or hold mail or other packages delivered to the center after this agreement has expired or been terminated, and takes no responsibility therefor.
2. MISCELLANEOUS
2.1 Background Checks. Your social security number is required to obtain access to the center. Member consents to a background check.
2.2 Access. TechArtista is entitled to access member’s office space, with or without notice, for maintenance, safety or emergency purposes. During these times, TechArtista may temporarily move furniture contained in the office or coworking space. TechArtista reserves the right to move or alter the member’s space.
2.3 Nature of Agreement. Member is granted rights solely as a licensee, and shall not be deemed to be a tenant, nor shall this agreement be deemed a rental agreement or lease. TechArtista does not have a fiduciary relationship, agency relationship, partnership or joint venture with a member or other members of the community.
2.4 Pets. Member acknowledges that pets are allowed in the center pursuant to community rules, and assumes all risks related to such pets. Member waives all claims against TechArtista that could result from personal injury or damage caused by pets and agrees to indemnify TechArtista from any injury or damages resulting from member’s pet(s), including but not limited to any verdict or settlement, court costs or attorneys fees.
2.5 Limitation of Liability. The aggregate monetary liability of TechArtista arising from this Agreement shall not exceed the total fees paid by Member to TechArtista under this Agreement. Member agrees that all disputes arising in relation to this Agreement will be resolved under Missouri law in the Circuit Court for Missouri’s Twenty-Second Judicial District. Member waives all rights to a jury trial and to class or collective litigation. TechArtista is not liable for damages or injuries incurred as a result of third parties, other members or their Guests or pets, or for the failure to provide services due to extraordinary events, including the loss of business income or business expectations. Member is liable for all attorneys fees for any non-prevailing lawsuit brought against TechArtista.
2.6 Indemnification. Member releases, and hereby agree to indemnify, defend and save harmless the TechArtista and any TechArtista’s subsidiaries (whether or not wholly-owned), affiliates, divisions, and their past, present and future officers, agents, shareholders, members, representatives, employees, successors and assigns, jointly and individually, from and against all claims, liabilities, losses, damages, costs, expenses, judgments, fines and penalties based upon or arising out of (a) Member’s non-compliance with your obligations under this Agreement, (b) any and all claims by any of Member’s customers or other third parties in connection with your use of Techartista services, or (c) Member’s negligent actions, errors and omissions, willful misconduct and fraud in connection with the participation in or use of member services. Member further agrees that in the event that Member or one of Member’s clients or Guests brings a claim or lawsuit against TechArtista, Member shall be liable for any attorneys’ fees and costs incurred by the TechArtista or its respective officers and agents in connection with the defense of such claim or lawsuit.
2.7 Subordination. This Agreement is subject and subordinate to TechArtista’s lease with its landlord of the Center premises and to any other agreements to which its lease with this landlord are subject to or subordinate.
2.8 Severability, Survival & Entirety. Any provision of this agreement that is deemed ineffective as a matter of law shall be severable with the outstanding provisions remaining in force. The duties and rights under this Agreement will survive its termination. This Agreement and referenced schedules is the entire agreement.
2.9 Notices. All notices relating to this agreement will be sent via email to Member’s email address on this agreement. Member should send all notices to TechArtista to info@techartista.org.
2.10 Additional Users. Member must complete Schedule C by providing TechArtista with the contact information of all additional authorized users under this Membership Agreement.
2.11 Credit Card. TechArtista requires all Members to keep a credit card on file. Member authorizes TechArtista to charge Member’s credit card for any unpaid fees or damages caused by member, member’s guest or pets. Member will notify TechArtista of any exception they might have to these charges as documented by the invoices provided to the member within 10 business days of the charge. This authorization is to remain in full force and effect until TechArtista has received written appropriate notice from the member of membership termination and all outstanding fees and charges have been paid.
Schedule A TechArtista Community Rules
All members and authorized users must abide by these Community Rules. These rules may be updated from time to time, and any changes will take effect after notice and renewal of the Membership Agreement. Violations of these rules may result in termination or non-renewal of a TechArtista membership.
REQUIRED & ENCOURAGED: Members and authorized users shall conduct themselves with good behavior to encourage growth and participation in the shared and individual goals of the center. Community participation is encouraged. Only the persons listed as users on Schedule C may regularly use the center. Guests, including children, must abide by these Community Rules. Guests are allowed only during business hours and are encouraged to come to the center, but any person spending more than a reasonable amount of time visiting may be charged. If any member desires to change the Membership Agreement, including changing the persons who have authorized access to the center, the authorized signatory must email TechArtista at info@techartista.org. For updates to the authorized users under the Membership Agreement, the member must amend Schedule C. If the number of users exceeds the number allocated to such member, the member will be required to pay an additional user fee. Keys, key cards and other such items used to gain physical access to the building or the office space remain TechArtista’s property. Members will be liable for replacement fees should any such item be lost, stolen or destroyed. Keys and key cards must be surrendered at the termination of the Membership Agreement. Member’s office space has a limited capacity as set forth on the first page of the Membership Agreement; no more than that capacity is permitted to regularly work in member’s space at any given time. Common spaces are to be enjoyed by TechArtista’s guests for temporary use, and not as a place for continuous, everyday work. TechArtista does not control and is not responsible for the actions of other members or their guests. If a dispute arises between members or their guests, TechArtista has no responsibility or obligation to participate, mediate or indemnify any party. Members are responsible for the actions of their authorized users, guests and their pets. Members are required to update the information on their Membership Agreement when there are any changes to that information.
PROHIBITED: Allowing any guest(s) or such members to enter the building without registering such guest(s) according to TechArtista’s policies. Performing any activity that is reasonably likely to be disruptive or dangerous to other members, their guests, or their property, or use the Services to conduct or pursue any illegal activities or any activity that is generally regarded as offensive. Attaching or affixing any items to the walls, install antennas, or telecommunication lines or devices in the office space or bring additional furniture into the office space, without TechArtista’s prior written consent. Taking or copying information belonging to other members, authorized users or guests. Using the name “TechArtista” or using pictures or illustrations of the Center in any advertising, publicity or other purposes without TechArtista’s prior written consent. Using the office space for medical or other nature involving frequent visits by members of the public. This provision does not apply massage therapy or personal training. Making any copies of any keys or other means of entry to the Center or lending, sharing or transferring any keys or key cards to any third party. Subletting or transferring Membership privileges without the express written permission of TechArtista. No pets are allowed at TechArtista except those owned and controlled by Members and Authorized Users. Sexual harassment or harassment of any kind in the space is against the law and will not be tolerated.
Collaborative Working Environment Principles:
BOY SCOUT RULE OF CLEANLINESS - Members shall leave each public area cleaner than it was found. All dishes must be cleaned and returned to the place from which they were taken. No dishes can be left out. If pots and pans are used, clean or rinse and put in the dishwasher. NOISE
LEVELS AND PERSONAL PRIVACY - Members, authorized users and Guests shall not cause any noise louder than a vacuum cleaner in the Center, nor shall music, instruments, talking, or other loud-volume activities move significantly beyond the closed doors of one office space. No disruptive noise shall be created in common areas unless it’s a planned event and approved by the Center.
USE OF CONFERENCE ROOM OR OTHER OPEN OFFICE SPACE - Members, authorized users and guests may use the main conference room and other designated available working spaces by making a reservation online through the Center’s member portal. Reservations must be approved by the Center’s management and are first-come, first-serve. If a member or authorized user does not have the meeting room booked, then you are not allowed to use it. If you are found in the meeting room without booking, you will be subject to fees. Meeting rooms can be booked by the member on their portal.
USE OF BATHROOMS - Bathrooms are available to cafe customers, members, authorized users, and guests, but not to the general public. Any bathroom issues, such as water leakage, mess or shortage of supplies, should be reported to the Center community manager immediately.
USE OF KITCHENS - The use of the kitchen beyond simple breakfast, lunch, or dinner preparation shall be by reservation (e.g., for a large event such as ‘Stir Crazy Stir Friday.’) It is the responsibility of each Member to label his or her individual food and to immediately clear any waste. TechArtista may discard any food in the refrigerator which is unlabeled, unused or old.
USE OF APPLIANCES - Common Appliances such as refrigerators, coffee makers, tea kettles, and microwaves are provided. Members are free to bring their own appliances for good use. Any cooking appliance with a heating element shall not be used in a private office space, with the exception of a coffee maker or electric kettle. Clean off the appliances after use, as needed.
PETS - Small dogs are allowed on temporarily Center if on a leash. Other animals, except fish, are prohibited unless approved by the Center’s community manager. If any Member plans to regularly bring a pet into the Center, TechArtista may require such Member to produce proof of vaccination for the pet. All pets should remain inside the Member’s office space unless accompanied by the Member. Any Member brings a pet into the Center is responsible for any injury caused by the pet to other Members or Guests or their property or the Center’s property. Neither TechArtista nor the TechArtista Affiliates will be responsible for any injury to such pets. TechArtista reserve the right to restrict any Member's right to bring a pet into the Center.
POSTING AND SIGNAGE - Business signage, window postings, and any advertisements must be pre-approved by TechArtista.
ARTWORK AND OTHER DISPLAYS - Any visible artwork or display is subject to approval by the TechArtista. Artwork is encouraged if it is professional and adds to the décor and spirit of TechArtista.
OFFICE SPACE DECORATION – Any customization of private office space (anything beyond painting) must be approved by TechArtista.
BEHAVIORAL EXPECTATIONS - In general, the TechArtista team encourages good behavior and character development through role modeling. The spirit of TechArtista is outlined as primarily supportive, collaborative, and professional.
TECHARTISTA PRIVATE EVENTS - A list of private and Member-only participatory events will be sent weekly to Members via email. Members can apply to host a private event in the space for a fee and following guidelines set forth by TechArtista.
TECHARTISTA PUBLIC EVENTS - A list of public participatory events will be sent by email to Members who are free to further promote such events. During public events, it is the responsibility of Members to maintain privacy and the security of their belongings. Members can apply to host a public event in the space for a fee and following guidelines set forth by TechArtista. GYM – Members and authorized users may use the gym outside of scheduled training sessions. All weights and other equipment must be returned to its proper place.
Schedule B Terms List of Included Amenities & Services
24/7 access to the Center for monthly members Monthly meeting room hours and special member pricing Access to meeting rooms Gym, shower, and changing room access Kitchen access Washer and dryer Complimentary coffee and tea Access to event space Super fast wifi Utilities included Front desk personnel Cafe services Mail and package service Programming Printing Free lot and street parking Access to gated parking LExC Global Reciprocal Coworking Membership Access to gym Legal GPS access Access to a hair salon Monthly beer and tacos Outdoor patio workspace/event space Community umbrellas Phone booths Bitcoin ATM (Excludes virtual memberships) Other Fees Late Fee: $50/month Office Repaint: $350 - $500 Clean Carpets to Remove Stains: $100 Replace Carpet: $400 Replace Hardwood or Laminate: $500 Remove Tape or Sticky Putty: $150 Repair Hole in Wall (not nail holes): $45 Replace Lightbulb: $5 Replace Light Fixture: $75 Replace Electrical Switch/Outlet: $5 Replace Electrical Cover Plate: $5 Replace Fuse in Electrical Panel: $15 Replace deadbolt/lock: $150 Keycard Replacement: $10 per keycard Key Replacement: $25 per key Office Lockout: $10 per lockout Lockable Storage: $25 per month; $10 per day Replace Mailbox Lock: $45 Coffee Club: $50 per month Gated Parking: $50 per month per car, based on availability Replace Gated Lot Fob: $25 Other Move In and Start Date. If the Start Date is a business day, the Members will be entitled to move into the office space on the Start Date. If the Start Date is not a business day, the Members will be entitled to move into the office space on the first business day after the Start Date. Moving In Member pays (prorated) 1st month’s rent, start-up fee and deposit (if applicable) Collect your keycard Desk: pick out your desk and receive desk keys Office: do walk-through inspection of the office and receive office keys Complete member orientation with our Community Manager Moving Out Any change in membership requires a 30-day notice via email to info@techartista.org. Drop-In Checklist Notify Community Manager 30-days prior to moving out. Schedule a time to meet with the Community Manager to drop off the keycard. Dedicated Desk Checklist Notify Community Manager 30-days prior to moving out. Remove all personal belongings from the desk. Clean the desktop and desk drawers. Bring home your chair if you brought one. Schedule a time to meet with the Community Manager to do an inspection of the desk and drop off key and keycard. Private Office Checklist Notify Community Manager 30-days prior to moving out. Remove any furniture, decor and personal items properly. Remove all trash from the office properly. Leave office space clean--vacuum, sweep, clean windows, etc. Wipe down walls. Remove all nails and screws in walls. Patch any holes in walls. Paint the room back to white. Replace any broken blinds. Remove any personal items from the kitchen and fridge. All light fixtures are to work properly with working light bulbs. All electric is to work properly. Make Community Manager aware of any damage or issues inside the office Schedule a time to meet with the Community Manager to do an inspection of the office and drop off keys and keycards. Couches and bigger furniture cannot be put in the dumpster, you will have to arrange for removal on your own unless pre-determined with Community Manager. After a member moves out, TechArtista will assess the dedicated desk or office to determine if the move out checklist has been completed. You will receive a final invoice with move out charges, security deposit refunds, and any amounts still owed. We may choose to take the move out costs remaining from your deposit or bill you. Smoking No smoking of any kind is permitted in the building or on the patio. Smokers must go across the street from our front entrance to light up. Dispose of your butts in the provided receptacles. By signing, I hereby acknowledge that I have completely read and fully understand the document above. Gym Waiver and Release of Liability Express assumption of risk: I, the undersigned, am aware that there are significant risks involved in all aspects of physical training. These risks include but are not limited to: falls which can result in serious injury or death; injury or death due to negligence on the part of myself, my training partner, or other people around me; injury or death due to improper use or failure of equipment; strains and sprains. I am aware that any of these above-mentioned risks may result in serious injury or death to myself and or my partner(s). I willingly assume full responsibility for the risks that I am exposing myself to and accept full responsibility for any injury or death that may result from participation in any activity or class while at, or under the direction of The MVMT Lab at TechArtista. I acknowledge that I have no physical impairments, injuries, or illnesses that will endanger me or others. Release: In consideration of the above-mentioned risks and hazards and in consideration of the fact that I am willingly and voluntarily participating in the activities offered by The MVMT Lab, I, the undersigned hereby release The MVMT Lab and TechArtista, their principals, agents, employees, and volunteers from any and all liability, claims, demands, actions or rights of action, which are related to, arise out of, or are in any way connected with my participation in this activity, including those allegedly attributed to the negligent acts or omissions of the above-mentioned parties. This agreement shall be binding upon me, my successors, representatives, heirs, executors, assigns, or transferees. If any portion of this agreement is held invalid, I agree that the remainder of the agreement shall remain in full legal force and effect. If I am signing on behalf of a minor child, I also give full permission for any person connected with The MVMT Lab or TechArtista to administer first aid deemed necessary, and in case of serious illness or injury, I give permission to call for medical and or surgical care for the child and to transport the child to a medical facility deemed necessary for the well being of the child. Indemnification: The participant recognizes that there is risk involved in the types of activities offered by The MVMT Lab. Therefore the participant accepts financial responsibility for any injury that the participant may cause either to themselves or to any other participant due to their negligence. Should the above-mentioned parties, or anyone acting on their behalf, be required to incur attorney’s fees and costs to enforce this agreement, I agree to reimburse them for such fees and costs. I further agree to indemnify and hold harmless The MVMT Lab and TechArtista, their principals, agents, employees, and volunteers from liability for the injury or death of any person(s) and damage to property that may result from my negligent or intentional act or omission while participating in activities offered by The MVMT Lab, at the main building or elsewhere. This includes but is not limited to sidewalks, parks, recreational areas, playgrounds, areas adjacent to the main building, and/or any area selected for training by The MVMT Lab. I have read and understood the foregoing assumption of risk, and release of liability and I understand that by signing it obligates me to indemnify the parties named for any liability for injury or death of any person and damage to property caused by my negligent or intentional act or omission. I understand that by signing this form I am waiving valuable legal rights.