CoLAB Membership Agreement and Terms & Conditions
This MEMBERSHIP AGREEMENT and TERMS AND CONDITIONS is acknowledged by the undersigned as of the date executed.
MDM Marquette One, LLC (“CoLAB”) provides flexible coworking space options with private professional office space, micro-offices and shared spaces for individuals or small teams at the premises located at 101 W. Washington Street, Suite 8, Marquette, MI 49855. A Member is defined as one who utilizes or benefits from CoLAB’s services in any way.
Membership Packages
Below are the various “Membership Packages" offered (each, a “Membership”). Additionally, below are some, but not all, of the benefits which members receive as part of a Membership (collectively, as to each Membership Package, the “Membership Benefits”):
All Memberships receive the following Membership Benefits:
• Access to high-speed internet
• Coffee, Water, Beverages, and Snacks
• Printer/Copier
Day Pass
A “Day Pass” provides you with:
• All common Membership Benefits listed above.
• Access to coworking spaces during regular business hours, unless otherwise agreed to with CoLAB Manager.
Week Pass
A “Week Pass” provides you with:
• All common Membership Benefits listed above.
• Access to coworking spaces during regular business hours, unless otherwise agreed to with CoLAB Manager.
Day Office
A “Day Office” provides you with:
• All common Membership Benefits listed above.
• Access to a private office with sit-stand desk and chair during regular business hours, unless otherwise agreed to with CoLAB Manager.
Coworking
A "Coworking Membership” provides you with:
• All common Membership Benefits listed above.
• 24/7 access to coworking spaces.
• CoLAB’s online/mobile App for information, FAQ, and more.
Reserved Desk
A "Reserved Desk” provides you with:
• All common Membership Benefits listed above.
• 24/7 access to your designated, reserved desk.
• CoLAB’s online/mobile App for information, FAQ, and more.
Professional Offices
A “Professional Office Membership” provides:
• All common Membership Benefits listed above.
• 24/7 access to a full-time private office space.
• CoLAB’s online/mobile App for information, FAQ, and more.
Add On Options:
Conference Room ($50/Hr.)
• All monthly Memberships receive monthly credits, included in their membership, to use for booking the conference room. Any additional time needed after those credits are used will be billed to the Member.
Membership Details
• All Membership payments are due on a recurring monthly basis, on the first day of each month, after your start date (first month prorated if start date is not on the first of the month).
• CoLAB reserves the right to charge late fees and/or withhold Membership Benefits if payments are not received on time. Late fee charges are $50 per month if payment is not received on or before the third (3rd) day of the month.
• Five (5) business days’ (Monday-Friday) written cancellation notice required before the next billing cycle for all Memberships. Each billing cycle starts on the first of the month.
• If door access is lost, Member must notify CoLAB management immediately so key can be deactivated. Replacement fee for a lost Keycard is $25.
• CoLAB reserves the right to adjust Membership Package rates and to change Membership Benefits with written notice to Members.
Terms & Conditions
A Member who visits the Premises, or benefits from MDM Marquette One, LLC’s (the “CoLAB”) services in any way, acknowledges they have read, understood, and agrees to be bound by the following Terms and Conditions:
1. At all times when Member is on the Premises, Member shall display professional and respectful conduct and shall not act in any way that may unreasonably disturb other members or occupants of the Premises.
2. At all times, Member shall keep kitchen area and workspace clean and orderly, including conference room and any other room or office used, and frequently remove all trash, packaging and boxes (collectively, “Trash”) from workspace or common spaces, placing such Trash in appropriate receptacles so as not to necessitate any unnecessary janitorial labor or services at the expense of CoLAB.
3. Member shall not possess any illegal drugs or substances while on the Premises.
4. Member shall only consume alcohol on the Premises during pre-organized events (approved by CoLAB in advance) and in designated areas of the Premises. Member shall not possess or consume any alcohol on the Premises if Member is under the age of 21 years and shall not encourage, assist, or knowingly permit any person who is under the age of 21 years to possess or consume alcohol on the Premises.
5. Member shall not use the Premises or the Membership Benefits for any illegal or unlawful purposes. Member shall not commit any unlawful or illegal act while on the Premises. Member shall use the Premises for general office use and other similar services only. Among other practices, Member shall not:
a. Use the Premises and/or Membership Benefits in connection with pyramid schemes, chain letters, junk email, spamming or any duplicative or unsolicited message (commercial or otherwise);
b. Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others;
c. Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, obscene, indecent or unlawful topic, name, material or information on or using the Membership Benefits;
d. Upload, or otherwise make available, files that contain images, photographs, software or other material protected by intellectual property laws, including by the way of example, and not limited to, copyright or trademark laws (or by rights of privacy or publicity) unless Member owns or controls the rights thereto or has received all necessary consent to do the same;
e. Use any material or information, including images or photographs, which are made available through use of the Premises and/or Membership Benefits in any manner that infringes any copyright, trademark, patent, trade secret, or other proprietary right of any party;
f. Upload files that contain viruses, trojan horses, worms, time bombs, cancelbots, corrupted files, or any other similar software or programs that may damage the operation of another’s computer or property of another;
g. Download any file(s) that Member knows, or reasonably should know, cannot be legally reproduced, displayed, performed, and/or distributed in such manner;
h. Restrict or inhibit any other user from using and enjoying the Membership Benefits;
i. Violate any code of conduct or other guidelines which may be applicable for any particular Membership Benefit;
j. Harvest or otherwise collect information about others, including email addresses, without the authorization or consent of the disclosing party; and
k. Perform any operations which are not in compliance with all applicable laws, ordinances, and governmental regulations.
6. CoLAB reserves the right at all times to disclose any information about Member, Member’s participation in and use of the Premises and/or Membership Benefits as CoLAB deems necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post, or to remove any information or materials, in whole or in part, in CoLAB’s sole discretion.
7. Member shall comply with all security procedures required or implemented by CoLAB from time to time with respect to Member’s use of the Premises and the Membership Benefits.
8. Member shall not permit any waste or nuisance upon the Premises, nor shall Member obstruct or interfere with the rights of other occupants. Determination of resulting penalties for such actions, if not otherwise specified, shall be at CoLAB’s determination.
9. Member shall safeguard all keys or access codes to the Premises provided by CoLAB and shall not duplicate any keys or provide such access codes to any other person or entity. Member shall be responsible for all costs and expenses incurred by CoLAB as a result of the theft, or loss of any keys, access codes, or other CoLAB accessories to the Premises provided to Member. Member will promptly upon surrender deliver all Keycards for the Premises to the CoLAB at the end of Membership.
10. CoLAB shall have no obligation to monitor any use of the Premises or the Membership Benefits by the Member or by any other members or to screen members prior to their access or use of the Premises or the Membership Benefits. Member is solely responsible for safeguarding such Member’s computer, data, and other personal belongings.
11. Member is solely responsible for all personal and business interactions with any other member and should exercise prudence and discretion in connection with any personal or business relationship with any other member.
12. The Membership Benefits may not be available at all times for Member’s use as a result of technical issues with, or scheduled maintenance or repair of, CoLAB’s networks or equipment and/or the use of equipment and space by other members. Members are expected to work together in a collaborative and professional manner with respect to use of common space and equipment. CoLAB is not liable for any loss suffered by any member due to the malfunctioning or unavailability of CoLAB’s equipment.
13. CoLAB reserves the right, in our sole discretion and at any time, to modify Membership fees. Any Membership fee change will become effective at the end of the then-current Membership period. CoLAB will provide you with reasonable prior notice of any change in Membership fees. Your continued use of CoLAB after the changes come into effect constitutes your agreement to pay the modified Membership amount.
14. Except when required by law, paid Memberships are non-refundable.
15. NO PARKING IS PROVIDED BY CoLAB. Member shall be solely responsible for arranging for parking in an appropriate designated parking space at Member’s own expense. Member shall not park in spaces designated for guests or tenants of the Premises unless expressly authorized in advance by CoLAB.
16. Member will be liable to CoLAB for all damages to the Premises, any equipment, networks, or property owned or used by CoLAB that is caused by the acts or omissions of Member or its guests, regardless of whether such damage is caused accidentally or intentionally.
17. Member will be charged a cleaning fee to CoLAB for excessive cleaning needed to any area occupied or used. Cleaning staff will clean common areas and private offices on a regular basis. Member agrees to allow staff into offices for cleaning purposes.
18. If CoLAB provides any food or beverages for Member’s consumption, Member shall be solely responsible for being aware of any allergic, dietary, or other health conditions that my affect the Member’s ability to safely consume such food and beverages.
19. Member’s guests, employees, affiliates, or contractors are expressly bound by the terms of the Membership Agreement and these Terms and Conditions.
20. Member shall not permit any other person to use any Membership Benefits unless Member is present without the prior consent of CoLAB. Member shall be solely responsible and liable for the acts and omissions of all of guests and any other person whom the Member invites to the Premises or permits to use any of the Membership Benefits.
21. Member shall not make any alternations, additions, or improvements to the Premises without the prior written consent of CoLAB. Any alteration, additions or improvements made by Member to the Premises shall become the property of CoLAB.
22. Member shall take good care of the Premises and repair in a good workmanlike manner all damage and injury to the Premises and fixtures required as a result of Member’s carelessness, misuse, or neglect, or as a result of damage or defacement of the Premises, or any part hereof by reason of Member’s occupancy or the actions of its agents, employees, visitors, contractors, assignees or licensees.
23. Should CoLAB provide Member with furniture or equipment, Member shall return said furniture or equipment to CoLAB upon termination of the Membership Benefits in the same condition they were provided, normal wear and tear excluded.
24. If Member notices any breakage or damage to the Premises or any part thereof, Member shall immediately notify CoLAB who shall cause same to be repaired or replaced at CoLAB’s expense, unless such damage is Member’s or Member’s guest’s or their affiliate’s fault, in which case such repair expenses shall be borne by Member. Should Member fail to perform such repairs or replacements, CoLAB may do so after 10 days’ notice, and the cost of such repairs or replacements shall become collectable as additional payments hereunder and shall be paid by Member within 10 days after presentation of a statement thereof.
25. Member may install Member’s sign in the place so designated on the Premises, provided that such sign shall be subject to CoLAB’s prior written approval as to material, color, design and content. Member will not, without the prior written consent of CoLAB, in its sole discretion, use or permit the walls, roof, or any other part of the Premises to be used for advertising purposes.
26. Analytics. We may use third-party Service Providers to monitor and analyze the use of our Service. Google Analytics is a web analytics service offered by Google that tracks and reports website traffic. Google uses the data collected to track and monitor the use of our Service. This data is shared with other Google services. Google may use the collected data to contextualize and personalize the ads of its own advertising network. For more information on the privacy practices of Google, please visit the Google Privacy Terms web page: https://policies.google.com/privacy?hl=en. We also encourage you to review Google's policy for safeguarding your data: https://support.google.com/analytics/answer/6004245.
27. Amendment to Terms & Conditions. We may amend our Terms & Conditions at any time by posting the amended terms on this site. It is your responsibility to review these Terms periodically. Your continued use of the Platform following the posting of revised Terms means that you accept and agree to the changes. You are expected to check this page frequently so you are aware of any changes, as they are binding on you. By continuing to access or use CoLAB after any revisions become effective, you agree to be bound by the revised terms.
28. Terminating your Membership Benefits with CoLAB. CoLAB requires five (5) business days’ (Monday-Friday) written cancellation notice before the next billing cycle for all Memberships. Each billing cycle starts on the first of the month. This applies to all Membership Packages with CoLAB. Written notice may be given by hand delivery, certified mail or by email with return receipt. This is to ensure that CoLAB receives Member’s notice, and that Member confirms such receipt. Regardless of when the notice is sent, receipt will be based on the date CoLAB receives such notice. If notice is provided by hand delivery, such notice may be delivered during normal business hours (Monday through Friday, 8:00 a.m. until 5:00 p.m. Eastern Time, Excluding Holidays).
29. After Hours Emergency* Phone Number. If it is after regular business hours, Monday-Friday 8am to 5pm, and Members are locked out of the space or have another minor emergency requiring assistance, they may call or text the after-hours number at 906-301-0066. If this number is not available at a given time, CoLAB manager will provide an alternative contact number on the “Feed” portion of the Member App during the time frame that number will be unavailable. *FOR ALL MEDICAL/SAFETY EMERGENCIES, MEMBER WILL DIAL 911 AND DIRECT THEM TO COLAB AT 101 WEST WASHINGTON ST., SUITE 8, IN MARQUETTE.
Disclaimer of Warranties
To the maximum extent permitted by applicable law, CoLAB provides the Premises and/or Membership Benefits “as is” and hereby disclaims with respect to the Premises and/or Membership Benefits all warranties and conditions, whether express, implied or statutory, including, but not limited to, any (if any) warranties, duties or conditions of or related to: merchantability, fitness for a particular purpose, lack of viruses, accuracy or completeness of responses, results, workmanlike effort and lack of negligence. Also, there is no warranty, duty or condition of title, quiet enjoyment, quiet possession, corresponding to description or non-infringement. The entire risk as to the quality or arising out of participation in or the use of the Premises and/or Membership Benefits remains with Member.
Exclusion of Incidental, Consequential and Certain Other Damages
To the maximum extent permitted by applicable law, in no event shall CoLAB or its subsidiaries (whether or not wholly-owned), affiliates, divisions, and their past, present and future officers, agents, shareholders, members, representatives, employees, successors and assigns, jointly or individually, be liable for any direct, special, incidental, indirect, punitive, consequential or other damages whatsoever (including, but not limited to, damages for: loss of 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 pecuniary or other loss whatsoever) arising out of, or in any way related to, the participation in or inability to participate in or use of the Premises and/or Membership Benefits, the provision of or failure to provide the Premises and/or Membership Benefits, or otherwise under or in connection with any provision of these Terms and Conditions, even in the event of the fault, tort (including negligence), strict liability, breach of contract or breach of warranty of CoLAB, and even if CoLAB has been advised of the possibility of such damages.
Limitation of Liability and Remedies
Notwithstanding any damages that Member might incur for any reason whatsoever (including without limitation, all damages referenced above and all direct or general damages), the entire liability of CoLAB or its subsidiaries (whether or not wholly-owned), affiliates, divisions, and their past, present and future officers, agents shareholders, members representatives, employees, successors and assigns under any provision of these Terms and Conditions, and Member’s exclusive remedy for all the foregoing shall be limited to actual damages incurred by Member based on reasonable reliance. The foregoing limitations, exclusions and disclaimers shall apply to the maximum extent permitted by applicable law, even if any remedy fails its essential purpose.
Termination by CoLAB
CoLAB reserves the right to terminate the Membership at any time. CoLAB further reserves the right to terminate Member’s participation in and use of the Premises and/or any Membership Benefits, immediately and without notice.
Indemnification
Member releases and hereby agrees to indemnify, defend and save harmless CoLAB and CoLAB’s subsidiaries (whether or not wholly-owned), affiliates, divisions, and 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, Member’s negligent actions, errors and omissions, willful misconduct and fraud in connections with the participation in or use of the Premises and/or Membership Benefits. Member further agrees, in the event that Member brings a claim or lawsuit in violation of the Membership Agreement and these Terms and Conditions, Member shall be liable for any attorneys’ fees and costs incurred by CoLAB or its respective officers and agents in connection with the defense of such claim or lawsuit.
Severability
In the event that any provision or portion of the Membership Agreement and/or these Terms and Conditions is determined to be invalid, illegal or unenforceable for any reason, in whole or in part, the remaining provisions of the Membership Agreement and/or these Terms and Conditions shall be unaffected thereby and shall remain in full force and effect to the fullest extent permitted by applicable law.
Insurance
CoLAB will carry liability and business personal property insurance. As a user, it is strongly suggested that you carry a renters insurance policy to cover your own equipment while using the Premises. That policy may cover Member’s current residence/office, as well as the Premises.
CoLAB Contact
Should Member need to contact CoLAB, reach out to:
Erin Mahaney at emahaney@verideagroup.com or (906) 228-3900.