This Agreement governs your purchases, fees, membership & obligations of renting space and any other services and/or related products ("Products") from PIVOT Real Estate Holdings, LLC T/A PIVOT Creative Spaces & operating as PIVOT Work Spaces ("Company").
PIVOT Real Estate Holdings, LLC operates coworking space for the purpose of facilitating the office needs/work of small businesses, work from home workers, freelancers and others (“Coworking Space”). Each member of this Coworking Space (“Tenant”) is subject to the following Terms & Conditions which may be updated from time to time and without notice to any PIVOT Real Estate Holdings, LLC Member. By signing up to become a Member and/or using Coworking Space, you agree to be bound by these Terms and represents and warrants that you (Tenant) is duly authorized and has legal capacity to execute these Terms. This Agreement governs your/companies purchases, fees, membership & obligations of my membership for space at and/or any other services and/or related products ("Products") from PIVOT Real Estate Holdings, LLC T/A PIVOT Creative Spaces & operating as PIVOT Work Spaces ("Company").
‘Tenant’ - Person, company or other entity/individual entering into terms & conditions/agreement to membership with PIVOT Real Estate Holdings, LLC
‘PIVOT Real Estate Holdings, LLC’ – Refers to any/all legal, trade or operating names for PIVOT Real Estate Holdings, which includes but is not limited to PIVOT Creative Spaces, PIVOT Work Spaces & PIVOT
‘Company’ – Refers to PIVOT Real Estate Holdings, LLC and including but not limited to any of its associated trade/operating names as listed in definitions section of these terms & conditions
‘Membership’ – Refers to your relationship with PIVOT Real Estate Holdings, LLC. The period after payment/activation of your membership and before any cancellation date of your membership is referred to as your active ‘Membership’ period
‘Products’ – Refers to any tangible or non-tangible products or services available through PIVOT Real Estate Holdings, LLC outside the scope of your membership. This includes renting meeting space, utilizing/renting printers/office supplies, purchasing day passes for guests and more
A. By completing & digitally agreeing to these terms and conditions, by checking the accept box, you are acknowledging that you understand the terms laid out for the membership plan selected and that your membership details to PIVOT Real Estate Holdings, LLC T/A PIVOT Creative Spaces & operating as PIVOT Work Spaces ("Company") are based solely on the details listed online for the membership plan you selected during the sign-up process . In addition, by accepting these terms and conditions listed below you are acknowledging that you have read these terms and conditions, fully understand them and by clicking that you accept them you are agreeing that this is a legally binding agreement between myself and PIVOT Real Estate Holdings, LLC T/A PIVOT Creative Spaces & operating as PIVOT Work Spaces.
I. I understand that my membership to PIVOT Work Spaces is a renewing, monthly membership that will continue to renew unless cancelled in one or more of the following ways as listed in the section below (B-II)
II. I am authorizing PIVOT Real Estate Holdings, LLC T/A PIVOT Creative Spaces to debit the amount listed to the credit, debit or bank account tied to the card on file every thirty (30) days. I understand PIVOT Real Estate Holdings, LLC T/A PIVOT Creative Spaces reserves the right to charge my card up to six (6) days before or after the recurring thirty (30) day renewal period.
I understand that once my membership is canceled online or in-person, the account will cancel thirty (30) days from the day of your next recurring renewal date. I understand in order to cancel my account/membership, I must submit my cancellation in a minimum of one (1) or more of the following ways:
1. Send email to firstname.lastname@example.org (Subject Line of email: Membership Cancellation for __________ (Name)
2. Cancel membership yourself through your Cobot portal.
3. Mail cancellation letter to:
PIVOT Work Spaces
5407 East Drive (Rear)
Halethorpe, MD 21227
III. I understand that any discounts/specials to be applied for an account must be documented in writing at the time of the acceptance of these terms & conditions. This applies to special benefits offered for a membership of discount rates offered for a membership, etc.
C. Upon cancellation of my membership, I understand that If I am using a PIVOT Real Estate Holdings, LLC Address for my business, it must be removed from all online, digital, print or other marketing material within fourteen (14) days of membership cancelation date.
D. I agree and understand that if upon the arrival date of the renewal date of my membership - payment has not been submitted and/or is not able to be debited from the account on file within twenty four (24) hours after the due date/time, PIVOT Real Estate Holdings, LLC may cancel or pause my membership and may remove any access codes, cards or privileges that I have to any PIVOT Real Estate Holdings, LLC Work Space. If payment is not made within twenty fours (24) hours of the date of renewal and I have personal belongings or property within PIVOT Work Spaces; I understand I must contact the community manager or other staff member in order to retrieve my property from the space I am renting.
E. I agree & understand that I am liable for any damage that I or a guest may cause to PIVOT Real Estate Holdings, LLC T/A PIVOT Creative Spaces property & that any such damages caused will be provided first via mail or email & then automatically charged to the card on file if no request to dispute the charge is received within fifteen (15) days of mail or email being sent.
F. I agree, understand and give permission to PIVOT Work Spaces to debit the Credit Card account listed/kept on file daily in the event I use work space, desk space or other space outside of the scope of my paid membership and that those fees are the following:
Private Office: $105 every twelve (12) hour period)
Dedicated Desk: $65 every twelve (12) hour period)
Conference Room: $35 every three (3) hour period
I agree and understand that PIVOT monitors all locations via CCTV and that charges may be applied to an account for a violation that is captured remotely using CCTV camera footage. I agree, understand give consent to be recorded by video/CCTV cameras while in around any PIVOT Work Space location.
G. I agree to hold PIVOT Real Estate Holdings free and clear of any liability for damage to or theft of any personal or business property I bring to or keep on/in the premise of any building owned or leased by PIVOT Real Estate Holdings, LLC T/A PIVOT Creative Spaces.
H. I agree upon entering or using any PIVOT Real Estate Holdings, LLC location to hold PIVOT Real Estate Holdings, LLC free and clear of liability for any injury or accident that may occur to me or any of my guests in, within or around PIVOT Real Estate Holdings, LLC property, either owned or rented, that results in any type or severity of physical injury or death - This includes but is not limited to physical injury or death as a result of chemicals, burns, furniture, electronics, other members, snacks/drinks (whether ingested or not) or anything or anybody else located in, around or near PIVOT Real Estate Holdings, LLC property, whether owned or rented
I. I understand that PIVOT Real Estate Holdings, LLC is a shared work space and that their will be other people (members) in the space other than just myself or my staff
J. I understand my membership may be canceled, charged penalty fees and/or revoked by PIVOT Real Estate Holdings, LLC at any time and for any violation of these terms/ conditions without a refund of any remaining balance to my monthly membership for any reason or no reason whatsoever.
K. If I am having mail delivered to any PIVOT Real Estate Holdings, LLC location, I authorize PIVOT Real Estate Holdings, LLC staff to receive my mail on my behalf and agree to hold PIVOT Real Estate Holdings, LLC free and clear from any damages or liability in relation to the collection and storage of mail on my behalf
L. I agree and understand that while on or at any PIVOT Real Estate Holdings, LLC location I must have my PIVOT member ID Card with me or on my person and I understand that at anytime I may be requested to present my Member ID card to a PIVOT staff member in order for your membership information to verified as current and active. I understand that PIVOT Real Estate Holdings, LLC staff have the right to request to see and/or verify my PIVOT Member ID card at anytime and I agree to present Member ID card whenever requested to do so by a PIVOT Real Estate Holdings, LLC staff member.
M. I understand PIVOT Members share all common spaces (e.g., member lounge, hallways, restrooms, conference rooms, work space, etc.) in the Premises equally with the other members, except any Private Office Space included with my membership. Members cannot sublease space nor resell any services already offered and sold by PIVOT Real Estate Holdings, LLC. This includes, and is not limited to, sharing, gifting, or reselling meeting room hours. I understand that PIVOT Real Estate Holdings, LLC is a shared work space and that their will often be other people (members) in the space other than myself or my staff
N. In addition to the above, I agree to the following:
1. I will not use PIVOT Real Estate Holdings T/A PIVOT Creative Spaces locations for any illegal activities
2. I will not have any illegal or dangerous material sent to PIVOT Work Spaces and I understand PIVOT Real Estate Holdings, LLC T/A PIVOT Creative Spaces will hold me both legally and financially liable for anything that results from having illegal or dangerous material sent to PIVOT Work Spaces
3. I agree to respect other PIVOT Real Estate Holdings, LLC T/A PIVOT Creative Spaces members & property by keeping my workspace clean & organized
4. I agree to only access PIVOT Real Estate Holdings, LLC T/A PIVOT Creative Spaces during the times and days authorized with my membership and I acknowledge that I understand and accept these authorized days/times
5. I agree to abide by and follow the general rules of PIVOT Real Estate Holdings, LLC as laid out in the New Member Information provided to me
TO THE FULLEST EXTENT PERMITTED BY LAW, CUSTOMER AND COMPANY AGREE TO SUBMIT EXCLUSIVELY ANY CLAIM, CONTROVERSY OR DISPUTE ARISING OUT OF OR RELATING TO PURCHASES, FEES, MEMBERSHIP & OBLIGATIONS, THIS AGREEMENT OR ANY OTHER POLICIES OR OTHER TERMS INCORPORATED THEREIN (INCLUDING THE BREACH, TERMINATION, ENFORCEMENT, INTERPRETATION, ENFORCEABILITY, VALIDITY, OR RIGHTS UNDER ANY OF ANY OF THE FOREGOING) (EACH, A "DISPUTE") FOR RESOLUTION BY CONFIDENTIAL, INDIVIDUAL, BINDING ARBITRATION, EXCEPT THAT CUSTOMER MAY ASSERT CLAIMS IN SMALL CLAIMS COURT IF CUSTOMER’S CLAIMS QUALIFY.
THE PARTIES AGREE THAT THE ARBITRATOR, AND NOT ANY FEDERAL, STATE, PROVINCIAL OR LOCAL COURT OR AGENCY, SHALL HAVE EXCLUSIVE AUTHORITY TO RESOLVE ANY DISPUTES RELATING TO THE INTERPRETATION, APPLICABILITY, ENFORCEABILITY OR FORMATION OF THIS AGREEMENT TO ARBITRATE, INCLUDING ANY CLAIM THAT ALL OR ANY PART OF THIS AGREEMENT TO ARBITRATE IS VOID OR VOIDABLE. THE ARBITRATOR SHALL ALSO BE RESPONSIBLE FOR DETERMINING ALL THRESHOLD ARBITRABILITY ISSUES, INCLUDING ISSUES RELATING TO WHETHER THE TERMS ARE UNCONSCIONABLE OR ILLUSORY AND ANY DEFENSE TO ARBITRATION, INCLUDING WAIVER, DELAY, LACHES OR ESTOPPEL.
TO THE FULLEST EXTENT PERMITTED BY LAW: (I) CUSTOMER EXPRESSLY WAIVES ANY RIGHT CUSTOMER MAY HAVE TO ARBITRATE A DISPUTE AS A CLASS ACTION; AND (II) CUSTOMER ALSO EXPRESSLY WAIVES CUSTOMER’S RIGHT TO A JURY TRIAL.
THERE IS NO JUDGE OR JURY IN ARBITRATION, AND COURT REVIEW OF AN ARBITRATION AWARD IS LIMITED. HOWEVER, AN ARBITRATOR CAN AWARD ON AN INDIVIDUAL BASIS THE SAME DAMAGES AND RELIEF AS A COURT (INCLUDING INJUNCTIVE AND DECLARATORY RELIEF OR STATUTORY DAMAGES), AND MUST FOLLOW THE TERMS OF THIS AGREEMENT AS A COURT WOULD.
THE ARBITRATION WILL BE HELD IN MARYLAND. IF CUSTOMER INFORMS COMPANY THAT THIS LOCATION IS NOT CONVENIENT FOR CUSTOMER, COMPANY WILL WORK WITH CUSTOMER TO DETERMINE A MUTUALLY CONVENIENT LOCATION. ANY DISAGREEMENTS REGARDING THE FORUM FOR ARBITRATION WILL BE SETTLED BY THE ARBITRATOR.
DISPUTES WILL BE ARBITRATED ON AN INDIVIDUAL BASIS AND NOT AS A CLASS ACTION. IN THE EVENT THAT ARBITRATION IS NOT PERMITTED BY APPLICABLE LAW: (I) THE PARTIES EXPRESSLY AGREE THAT ANY DISPUTE WILL BE BROUGHT AND HEARD SOLELY AND EXCLUSIVELY IN THE FEDERAL OR STATE COURTS OF COMPETENT JURISDICTION LOCATED IN MARYLAND. THE PARTIES WAIVE ANY PLEA OR DEFENSE THAT SUCH COURTS ARE NOT THE APPROPRIATE VENUE OR THAT THEY ARE NOT SUBJECT TO PERSONAL JURISDICTION OF SUCH COURTS.
THE ARBITRATION WILL BE ADMINISTERED BY A COMPANY OF THE CHOOSING OF PIVOT Real Estate Holdings T/A PIVOT Creative Spaces
IF CUSTOMER INITIATES ARBITRATION, CUSTOMER'S ARBITRATION FEES WILL BE LIMITED TO THE FILING FEE SET FORTH BY ARBITRATOR REGARDLESS OF WHO INITIATES ARBITRATION, COMPANY WILL PAY CUSTOMER’S SHARE OF ARBITRATION FEES (NOT INCLUDING ATTORNEYS’ FEES) UP TO A MAXIMUM OF $2,500. IF THE ARBITRATOR RULES AGAINST COMPANY, IN ADDITION TO ACCEPTING WHATEVER RESPONSIBILITY IS ORDERED BY THE ARBITRATOR, COMPANY WILL REIMBURSE CUSTOMER’S REASONABLE ATTORNEYS’ FEES AND COSTS UP TO A MAXIMUM OF $5,000, REGARDLESS OF WHO INITIATED THE ARBITRATION, UNLESS THE ARBITRATOR FINDS SOME OR ALL OF CUSTOMER’S CLAIMS TO BE FRIVOLOUS OR TO HAVE BEEN BROUGHT IN BAD FAITH. IN ADDITION, IF THE ARBITRATOR RULES IN COMPANY’S FAVOR, IT WILL NOT SEEK REIMBURSEMENT OF ATTORNEYS’ FEES AND COSTS, REGARDLESS OF WHO INITIATED THE ARBITRATION, UNLESS THE ARBITRATOR FINDS SOME OR ALL OF CUSTOMER’S CLAIMS TO BE FRIVOLOUS OR TO HAVE BEEN BROUGHT IN BAD FAITH.
NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS SECTION, TO THE EXTENT EITHER PARTY IN ANY MANNER HAS VIOLATED OR THREATENED TO VIOLATE THE OTHER PARTY’S INTELLECTUAL PROPERTY RIGHTS, THE NON-BREACHING PARTY MAY SEEK INJUNCTIVE OR OTHER APPROPRIATE RELIEF IN ANY STATE, PROVINCIAL OR FEDERAL COURT OF COMPETENT JURISDICTION.
EXCEPT AS OTHERWISE PROHIBITED BY LAW, ANY DISPUTE MUST BE BROUGHT WITHIN ONE (1) YEAR FROM THE DATE THE CAUSE OF ACTION ARISES.
IN THE EVENT THAT ANY PROVISION OF THE AGREEMENT TO ARBITRATE IS HELD INVALID OR UNENFORCEABLE, ALL OTHER TERMS WITHIN THE AGREEMENT TO ARBITRATE SHALL REMAIN IN FULL FORCE AND EFFECT.
By accepting these terms and conditions listed above, you are acknowledging that you have read these terms and conditions, fully understand them and by signing below are accepting them and agreeing that this is a legally binding agreement between myself (‘Tenant’) and PIVOT Real Estate Holdings, LLC (‘Company’)
Furthermore, at this moment, you represent and warrant that you have all requisite legal power and authority to enter into and abide by the terms and conditions. No further authorization or approval is necessary. You further represent and warrant that your participation or use of the Services will not conflict with or result in any breach of any license, contract, agreement, or other instrument or obligation to which you are a party.
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