TERMS AND CONDITIONS FOR MEMBERSHIP/HOURLY WORKING SPACES/Virtual Mailbox

This Working Space (“Agreement”) is made and entered into as of the date set forth before below, by and between Move - Loudoun, LLC (“Move” or “Us”) and You as identified in the checkout process.

1. Workspace: Move offers CoWorking space as well as spaces for entrepreneurs and creatives, their clients and guests to operate their businesses, on a Membership and hourly basis, as stated in paragraph 4 herein. Subject to the terms set forth in this Agreement and the Workplace Rules attached hereto as Exhibit A, you shall have a license to utilize the offices within the Move facility located at 11 South King Street, Unit B, Leesburg, VA 20176 (“Facility”). In a Coworking membership, You acknowledge you may use the Facility from 8-5, five (5) days per week, unless Move has booked a private event at the Facility. If so, Move will provide You with Seventy-two (72) hours of any such event and will reschedule your use of the Facility to another available time.

The workspace is a commercial facility. Using the location for the purpose of establishing a personal residence is not permitted. You understand, agree and warrant that you are not a residential tenant at Move. Any person deemed, in the sole and absolute discretion of Move to be squatting the Facility shall be removed immediately and without prior notice.

Move shall maintain the workspace in good repair and working order. If you notice any problem requiring repair, please notify Move immediately and Move shall promptly undertake to remedy the problem. 

 If for some reason the space is unusable on the time/date, reserved Move will refund the Member payment in full.

MEMBERSHIP If the user is subscribing to membership at Move - This is an allocated membership, terms and conditions discussed prior to enrollment. Move reserves the right to terminate any service at any time, immediately and without notice. In addition, any “hourly” fees for services beyond what is included specifically in the agreement are subject to change with notice. Month-to-month membership costs may be increased after a thirty (30) calendar day notice is provided to the member.

The Member agrees to conduct themselves according to the policies that Move implements and updates on the website regarding personal behavior in the Space and within Move-hosted digital platforms. At Move’s sole discretion, the Member’s membership at Move may be terminated for behavior that violates any such policies.

Users are not permitted to consume alcohol within Move's building or hosted events, with the exception of approved events. Anyone that is considered impaired on any substance during, or upon entry, may be asked to leave and will put their membership, use, or affiliation at risk.

2. Additional Services. Move will provide the following additional services to You: Wireless internet access, which shall be subject to the terms and conditions set forth herein; and Move does not provide any technical support, education or training as part of this Agreement.

3. Disclaimers. Move assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to or alteration of your communications. Move is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of email or players on account of technical problems or traffic congestion on the Internet or at any website or combination thereof. Move is not responsible for any injury or damage to any computer equipment belonging to any user. Move cannot guarantee and does not promise any specific results from use of the space. No advice or information, whether oral or written, obtained by the User from Move or from or through the website shall create any warranty not expressly stated herein.

4. Fees: Move agrees to allow you to occupy and use the Facility in exchange for a:

Monthly Coworking Membership Rate. The monthly membership fee shall be paid to Move automatically on the due date. All payments shall be made automatically through the credit card on file and no invoices shall be generated by Move unless requested by you. In addition, any “hourly” fees for services beyond what is included specifically in the Agreement are subject to change with notice. Month-to-month membership costs may be increased after thirty (30) days’ notice to you. If You do not pay the fee when due, a late fee of 10% of the fee will be charged on all overdue balances, plus interest at the rate of 1.5% per month. If You dispute any part of the fee, you must pay the amount not in dispute by the due date or be subject to late fees. We also reserve the right to withhold services (including for the avoidance of doubt, denying you access to the Facility where applicable) while there are any outstanding fees and/or interest, or you are in breach of this Agreement. There are no refunds of any fees or other amounts paid by you.

This Agreement and your membership will not automatically terminate at the end of each month.  To terminate this Agreement and end your membership at the end of the month, you must provide at least 30 days written notice of the intended termination to Move. If you fail to do so, the Agreement and your monthly membership will be continued on a month-by-month basis. You will remain liable for payment of the monthly fee in accordance with this Agreement. 

or

Hourly Rate for Rental of Office or Creative Space. The Hourly fee set forth above shall be paid to Move within 24 hours of the start of the Term. If not, Move may, at Move’s discretion, terminate this Agreement without cost or penalty to Move. All Fees, Charges, and Taxes paid by Guests are non-refundable, unless otherwise agreed by Move, in Move’s sole discretion.

or 

Monthly Virtual Mailbox Membership. You agree to a 6 month commitment ($49.99/mo) paid monthly after my first month. If you cancel this contract, the balance will be owed in full. This contract will automatically renew every 6-month unless canceled within 30-days of your renewal date. 

5. Pay-as-you-use and Additional Services: Fees, if any, for pay-as-you-use services, such as copy charges, etc., plus applicable taxes, are payable monthly in arrears at our standard rates which may change from time to time and are available on request. 

6. Signage: Unless otherwise specified herein, you are not authorized to have signage installed on the exterior of the Facility and/or on the monument sign. 

7. Company and Contact Information: It is Your responsibility to keep the information and key contact information We use to communicate with You up to date. This includes but is not limited to email addresses, phone numbers, and company address. 

8. Workspace Rules: You agree to abide by the Workspace Rules set forth in Exhibit “A”, which may be amended from time to time by Move in its sole discretion and without prior notice. The updated rules are on our website.

9. Guests: You are permitted to conduct occasional meetings with work-related guests. All guests must be always accompanied by You while at the facility. You agree to be responsible for any damage caused by your guest while at the facility. 

10. Access to the Workspace: To maintain a high level of service, we may need to enter your designated Workspace and may do so at any time, including and without limitation, in an emergency, for cleaning and inspection or to resell the space if You have given notice to terminate. We will always endeavor to respect any of Your reasonable security procedures to protect the confidentiality of Your business.

11. End of Agreement: When this Agreement ends, you must vacate your workspace immediately, leaving it in the same state and condition as it was when You took it. If You leave any property, we may dispose of it at Your cost in any way We choose without owing You any responsibility for it or any proceeds of sale. If you continue to use the workspace when an Agreement has ended, you are responsible for any loss, claim or liability we may incur because of your failure to vacate on time.

12. Liability:  You hereby waive and hold harmless Move, its members, managers, officers, directors, shareholders, contractors and employees (the “Releasees”) from any claims, liability, actions, or suits with respect to any damages, injuries or losses You suffer to your person or property, whatsoever, including as a result of negligence or gross negligence on the part of Move, including but not limited to any direct, special, incidental, indirect, punitive, consequential or other damages whatsoever (including, but not limited to, damages for lost profits, loss of confidential or other information, business interruption, personal injury, loss of privacy, failure to meet any duty (including of good faith or of reasonable care), negligence, and any other loss) arising out of or in any way related to Move’s services or otherwise. You hereby release, acquit and forever discharge Move, its current and former employees, agents, officers and employees of the above-named entities from all claims, demands, rights, promises, damages and liabilities arising out of or in connection with the use of the facility. You agree you are financially responsible for any damage to the building and equipment that results from their use of the facility.

13. Limitation of Liability and Remedies:  Notwithstanding any damages that you might incur for any reason whatsoever (including, without limitation, all damages referenced above and all direct or general damages), the entire liability of Move or its subsidiaries (whether or not wholly-owned), affiliates, divisions, and their past, present and future officers, agents, shareholders, members, managers, representatives, employees, successors and assigns under any provision of this Agreement and your exclusive remedy for all of the foregoing shall be limited to actual damages incurred by the you based on reasonable reliance up to amount paid to Move. The foregoing limitations, exclusions and disclaimers, including the previous sections, shall apply to the maximum extent permitted by applicable law, even if any remedy fails in its essential purpose.

14. Insurance for Personal Property: Move recommends that you maintain insurance on your personal property utilized at the facility. Move shall have no liability to you for the loss, theft, or damage of your personal property for any reason whatsoever. You agree not to hold or seek to hold Move or its owners, members, managers, officers, directors, employees, agents, or guests responsible for the loss, theft, or damage of your personal property. 

16. Indemnification: You agree that if you or your agents or guests directly or indirectly cause property damage, personal injury or death to anything or to any person in the Facility or the grounds outside the Facility, you shall be responsible to pay for such property damage, personal injury or death if and to the extent your insurer does not. 

17. IT Services and Obligations: Although we have security internet protocols in place and strive to provide seamless internet connectivity, we do not make any representation and cannot guarantee any maintained level of connectivity, nor the level of security of information you store on it. You should adopt whatever security measures (such as encryption) You believe are appropriate to Your business. Your sole and exclusive remedy in relation to issues of reduced connectivity which are within Our reasonable control shall be for us to rectify the issue within a reasonable time following notice from you.

18. Relationship: Move provides co-working and creative spaces on an “as is” basis as a service and not as a lease of real property, and disclaims all warranties and conditions, whether express, implied or statutory, including, but not limited to, merchantability, title, quiet enjoyment, possession, fitness for a particular purpose or use, to the extent permitted by law. You hereby understand, agree and warrant that you are not a tenant, and Move is not a landlord and there is no tenancy relationship whatsoever as defined in any case law or legislation, rules, or regulations.

19. Photo Media Release. You agree that this document grants Move the irrevocable right and permission to use photographs, audio recordings and/or video recordings of you on Move website and other websites and in publications, promotional flyers, educational materials, derivative works, or for any other similar purpose without compensation to the User. You further agree that: such photographs and/or video recordings of you may be placed on the Internet; and that you may be identified by name and/or title in printed, Internet or broadcast information that might accompany the photographs, audio recordings and/or video recordings of the You. You waive the right to approve the final product, and agree that all such portraits, pictures, photographs, video and audio recordings, and any reproductions thereof, and all plates, negatives, recording tape and digital files are and shall remain the property of Move. You hereby release, acquit and forever discharge Move and its current and former employees, agents, members, managers, officers and employees from any and all claims, demands, rights, promises, damages and liabilities arising out of or in connection with the use or distribution of said photographs and/or video recordings, including but not limited to any claims for invasion of privacy, appropriation of likeness or defamation.

NON-DISPARAGEMENT The User shall, during and after the participation in and use of Move, refrain from making any statements or comments of a defamatory or disparaging nature to any third party regarding Move, or any of Move’s officers, directors, employees, personnel, agents, policies, services or products, other than to comply with law. 

20. Force Majeure: Move  shall have no liability to you for the unavailability of your designated Work Space or for disruptions of Services due to any causes not within the reasonable control of Move  including, without limitation, acts of God, fire, flood, earthquake, explosion, accident, weather, environmental contamination, strikes, lockouts, work stoppage, labor disputes, failure of utilities (including internet or phone service), criminal acts, act of war (whether declared or not), hostilities, invasion, act of foreign enemies, terrorism or civil disorder, public health emergencies, acts of government, its agencies or officers, or any other cause. 

21. Assignment: You cannot transfer or assign this Agreement to anyone else without prior written consent from Move, unless such transfer or assignment is required by law. However, we will not unreasonably withhold our consent to assignment to an affiliate of yours if you execute our form of assignment. Move has the right to assign, transfer, or delegate any of its rights or obligations under this Agreement without the You’s consent.

22. Governing Law/Jurisdiction/Venue: This Agreement shall be governed, construed, and interpreted pursuant to the Laws of the Commonwealth of Virginia. Move and You irrevocably submit to venue and personal jurisdiction for any litigation arising out of or in connection with or to this Agreement to be heard and determined exclusively in the courts of Loudoun County, Virginia.  The parties further and unconditionally WAIVE ANY RIGHT TO A JURY TRIAL in any suit or proceeding arising under or relating to this Agreement. 

23. Severability: If any portion of any provision of this Agreement or the application thereof shall, for any reason and to any extent, be invalid or unenforceable, neither the remainder of this Agreement nor the application of the remainder of the provision to all persons, entities or circumstances shall be affected thereby, but instead shall be enforced to the maximum extent permitted by law. 

24. Binding Effect: The covenants, obligations and conditions herein contained shall be binding on and inure to the benefit of the heirs, legal representatives, and assigns of the parties hereto. 

25. Construction: The pronouns used herein shall include, where appropriate, either gender or both, singular and plural. The descriptive headings used herein are for convenience of reference only and they are not intended to have any effect whatsoever in determining the rights or obligations of Move or you. 

28. Non-Waiver: The failure of either Move or you to assert any right or provision under this Agreement shall not constitute a waiver of any kind. 

29. Modification: The parties hereby agree that this document contains the entire Agreement between the parties and this Agreement shall not be modified, changed, altered, or amended in any way except through a written amendment signed by all the parties hereto. 

30. Integration: This Agreement contains the entire understanding of the parties hereto relating to the subject matter and supersedes all other communications and proposals (whether oral, written, or electronic) between the parties.

By clicking (checking) the Terms and Conditions Agreement Box on this website you are agreeing to all the provisions of this Agreement with Move and agree to abide by the Workplace Rules (Exhibit A), as may be modified from time to time by Move. 

Exhibit “A” Workplace Rules – Move

1.  Discrimination.  Move is committed to being an all-inclusive, non-discriminatory, welcoming, and safe place for everyone. You are responsible for ensuring that while using the space, neither you, your employees, guests, or anyone else at the facility to see you engages in discriminatory, aggressive, offensive or anti-social behavior, in ANY manner or form. 

2. Respect and Responsibility: You shall, always, respect, protect, and refrain from endangering, injuring, interfering with, or invading the personal space, personal property, and privacy of all others at Move, including but not limited to staff, members, guests, service providers, and others. 

3. Prohibited activities: You agree not to engage in any of the prohibited activities listed below. Engaging in any such prohibited activities may result in the termination of your license to use and occupy your workspace, and to enter the Facility, and may also subject you to legal action for monetary damages and/or injunctive relief. 

a. Engage in any illegal activity in or around the Facility including, but not limited to drug use, illegal online activity, downloading or using trademarked or copyrighted material without permission, identity theft, defaming or harassing others.

b. Engage in any activity that in Move ’s sole discretion, does, or is likely to, damage, deface or impair the functioning of the Facility including, but not limited to, overburdening or impairing any computer servers or networks servicing the Facility, the outside grounds of the Facility, and the Facility’s fixture, fittings, décor and furnishings. 

c. Engage in any activity that is abusive to anyone or may interfere with Move ’s owners, members, officers, directors, managers, employees, contractors, guests, agents, or other tenants, licensees or occupants of the Facility. This includes, but is not limited to, refraining from making any statements or comments of a defamatory or disparaging nature to any third-party regarding Move, any of Move’s officers, directors, managers, employees, contractors, guests, agents, or other tenants, licensees or occupants of the Facility.

d. Do or permit to be done anything which will invalidate or increase the cost of insurance coverage at the Facility. 

e. Use, allow or permit the Facility to be used for any improper or objectionable purposes. 

f. Cause, maintain or permit any nuisance in or about the Facility. 

g. Compromise the Facility, its contents and outside grounds with respect to fire, flood, gas, electricity or weather. 

h. Commit or permit any waste to be committed in the Facility. 

I.  Compromise the security of the Facility and its contents. 

j. Permit access to and/or use of your \workspace to anyone who is not associated with your business. 

k. Use or occupy the Facility in violation of any law, rule, regulation, requirement or ordinance enacted or imposed by any governmental unit having jurisdiction over the Facility. 

l. Post signs or host events in the workspace without the prior written consent of Move. 

m. Permit animals to enter the Facility without prior written approval other than bona fide service animals, which notice of such bona fide service animals shall have been provided in advance in writing to Move. 

n. The possession or consumption of alcohol is not permitted in the workspace or any portion of the building, except for approved events. Anyone that is considered impaired on any substance during, or upon entry, may be asked to leave and will put their membership, use, or affiliation at risk.

o. Smoking and/or vaping is only permitted outside in designated smoking zones or in accordance with town ordinances. All use and /or possession of illegal substances at Move is strictly prohibited as is any User and /or their guests who engage in any illegal, hazardous or dangerous conduct or activities. Failure to abide by this may result in the termination of this Agreement by Move, in Move’s sole discretion.

p. Overload, damage or obstruct any utility lines providing services to the Facility. 

q. Install any fixtures or equipment which will overload the premises or in any way affect the structural capacity or design of the workspace or the Facility.

r.  Engage in any activity which, in the sole discretion of Move, tends to damage or otherwise adversely affect the services, the Facility, Move’s reputation, or the reputation of other Facility occupants, including but not limited to pyramid schemes, creating or distributing spam, or uploading or downloading profane or indecent material. 

4. Wireless Internet Access Terms and Conditions: You agree you will use the wireless internet access (“wifi”) only for lawful purposes. You will not use the wifi to: (a) send unsolicited commercial messages; (b) transmit any false, inaccurate or misleading information; (c) be defamatory, obscene, indecent, threatening or harassing; (d) infringe upon any third party’s intellectual property rights; (e) access protected data or intercept personal information without authorization; (f) engage in any illegal conduct; or host any file-sharing services. 

5. Cleanliness: You agree to keep your Workspace neat and clean and to clean up after yourself if you use common areas of the Facility. Absent any other written agreement, Move is not responsible for routine cleaning of your individual Workspace, but that shall be Your responsibility. 

6. Security: While Move takes reasonable measures to ensure the Facility is a safe and healthy working environment, you are responsible for your own safety (and that of your employees and guests) while at the Facility. It is your responsibility to observe safe systems of work and to practice safe behavior, to protect themselves and ensure the safety of others. This includes using the Facility for the purpose it was intended for, and with a reasonable amount of care. You agree to abide by all security measures described in these Workplace Rules or announced by Move from time to time. At no time should security locks be bypassed or left in an open position. External doors should never be propped open while unattended. If You see anything that You consider may create a risk to the health and safety of members, employees or visitors at the Facility, please notify Move immediately. 

8. Disclosures: Move always reserves the right to disclose any information about you, your participation in and use of the Facility as Move deems necessary to satisfy any applicable law, regulation, legal process or governmental request in the sole discretion of Move. 

9. Termination: Move reserves the right to terminate the Agreement at any time and limit your ability to utilize the Facility immediately and without prior notice if you fail to comply with the terms of the Agreement or the Workplace Rules.

10. Reschedule or cancellation

If rescheduled prior to 30 days before start time, there will be no reschedule fee

If rescheduled between 30 days and 72 hours before start time, a $35 fee will apply

If rescheduled within a 72 hour start time, a 50% fee will apply

Cancellation

If cancellation occurs within 14 days of start time, no refunds will be made.

If cancellation occurs 14 days-30 days  prior to start, a 50% fee will be applied.

If cancellation occurs greater than 30 days ahead of start time, a full refund will be applied to your card.