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COLUMBIA COWORKING LLC, CO-WORKING AGREEMENT
This Agreement, effective at time of acceptance of these conditions, between Columbia Coworking LLC, a Louisiana Limited Liability company (hereinafter referred to as “Columbia Coworking”), and new member of coworking facility (hereinafter referred to as "Co-Working member".
WHEREAS, COLUMBIA COWORKING operates a business incubator for the purpose of facilitating the development and growth of small business; and
WHEREAS, COLUMBIA COWORKING facilitates the development of small business through a tenant program and through an Co-Working member program; and
WHEREAS, Co-Working member desires to utilize COLUMBIA COWORKING’s Co-Working member program under the terms of this Agreement;
NOW, THEREFORE, in consideration of the premises, the parties hereto agree as follows:
TERM. This Agreement shall be for the level of service chosen below. Beginning with the effective date set forth hereinabove, unless sooner terminated as set forth in Section 6 below. The parties agree that the month to month term of this lease will automatically renew unless 1 week notice is given of cancelation prior to the first of the month.
PROGRAM SERVICES. The Co-Working member has chosen one of the 3 levels of service. The services provided by COLUMBIA COWORKING under this program are those as set forth on the schedule of services attached hereto as Exhibit 1 and incorporated herein by this reference. Co-Working member shall pay the standard monthly fee described in Section 3 A.
PROGRAM AMENITIES. The Coworking member has selected the following amenities detailed in EXHIBIT 2. The Co-Working member agrees to pay the additional fees monthly or otherwise detailed in Exhibit 2 for the selected amenities:
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CO-WORKING MEMBER PROGRAM CHARGES.
Standard Monthly Fee. Co-Working member shall pay the amount shown on Exhibit 1 under the applicable level of program service identified. The monthly fee shall be paid by Co-Working member in advance on the same day of the month each month which shall be the same day as first set forth above. The Co-Working member agrees to auto payment through Stripe interface on the website and pay the additional 2.9% transaction fee.
Late Fees. Payment will be auto drafted each month unless credit card is declined. In the event that the members credit card is declined, member shall promptly input a new payment method or incur a late fee after 24 hours of interruption in service. Late fee will be $5 per day.
Key Deposit and Initial Payment. Upon acceptance of this Agreement, Co-Working member shall pay to COLUMBIA COWORKING a key deposit equal to $50 which shall be held by COLUMBIA COWORKING during the term of this Agreement. The key deposit will be returned at the termination of the agreement and return of the key. However, Co-Working member liability for any damage is not limited by the amount of the security deposit. The balance of the key deposit, will be returned to Co-Working member at the mailing address provided by the Co-Working member within thirty (30) days of the termination of this Agreement.
Place of Payment. Any payment due from Co-Working member to COLUMBIA COWORKING shall be setup and made automatically using our online interface.
POLICIES AND PROCEDURES. Co-Working member shall be required to abide by COLUMBIA COWORKING’s policies and procedures, as promulgated from time to time, relating to the use of its building and facilities. Failure to do so may result in termination of this Agreement as provided in Section 6 A below.
PRIORITY OF USE. COLUMBIA COWORKING will make every effort to accommodate Co-Working member’s scheduling needs in the use of its facilities. However, in the event of a conflict arising between Co-Working member and a tenant of COLUMBIA COWORKING in the use of its facilities, priority of use will be given to COLUMBIA COWORKING’s tenant. Co- Working will not be entitled to any recourse or damages of any kind whatsoever against COLUMBIA COWORKING or its tenant’s in the event Co-Working member is unable to use COLUMBIA COWORKING’s facilities at the date and time desired.
TERMINATION. This Agreement may be terminated for cause or without cause in the manner set forth herein. Upon termination, Co-Working Member shall no longer be entitled to utilize any services of COLUMBIA COWORKING relating to the use of its facility.
For Cause. This Agreement may be terminated by COLUMBIA COWORKING immediately in the event there is a breach of this Agreement by Co-Working member, a failure by Co-Working member to follow COLUMBIA COWORKING’s policies and procedures relating to the use of its building and facilities, or any conduct by Co-Working member that, in the sole discretion of COLUMBIA COWORKING, is deleterious or damaging to COLUMBIA COWORKING or any of its tenants.
Without Cause. Either party may terminate this Agreement at any time upon giving the other party notice of its intent to terminate no less than thirty (30) days in advance of the date of termination.
INDEMNIFICATION. Co-Working member will indemnify and hold harmless and assume the defense of COLUMBIA COWORKING, its agents, employees and officials from any and all claims, liabilities, judgments, costs, damages and expenses of any nature whatsoever, including the cost of defending such claims, which may accrue against, be charged to, be recovered from or sought to be recovered from COLUMBIA COWORKING, its agents, employees and officials by reason of or on account of any personal injury, sickness, or death of any person or damage to property arising from Co-Working member’s use of the premises. Co-Working member shall also be responsible for any damage it, its employees, agents, representatives or invitees may cause to the premises or to any personal or other property belonging to COLUMBIA COWORKING or its tenants that may be on such premises.
RELEASE. Co-Working member hereby releases COLUMBIA COWORKING, its agents, employees and officials from any liability or responsibility to Co-Working member or any other person, claiming through it by way of subrogation or otherwise, for any loss or damage to the Co-Working property or the property of any of its agents, employees, representatives or invitees which is brought onto the premises, regardless of how such loss or damage may occur, even if such damage or loss may have been caused by flood or other casualty or by the negligence of COLUMBIA COWORKING, its agents, employees or officials. It is expressly agreed and understood that Co-Working member, its agents, employees, representatives or invitees, in bringing property in and onto the premises do so at their own risk. It is further agreed and understood that COLUMBIA COWORKING, its agents, employees and officials will not be liable to Co-Working members for any business losses or damages to the property of Co-Working member, its employees, representatives, agents or invitees, occasioned by the acts or omissions of other businesses or persons which may occupy the premises.
INTELLECTUAL PROPERTY. Co-Working member shall not use any trademark, service mark, logo or trade name of COLUMBIA COWORKING, nor shall Co-Working member represent itself as having any business affiliation with COLUMBIA COWORKING, without the express permission of COLUMBIA COWORKING.
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APPLICABLE LAW. The laws of the State of Louisiana shall govern the validity, interpretation, performance and enforcement of this Agreement and any suit brought to enforce the terms of this Agreement shall be brought only in the state courts of St Tammany Parish, Louisiana.
TITLE AND HEADINGS. The titles and headings of this Agreement are used only for convenience and are not to be construed as part of the Lease.
ENTIRE AGREEMENT. This Agreement and its attachments, including Exhibit 1 and the Guarantee, shall be considered to contain the entire agreement between the parties hereto pertaining to the use of COLUMBIA COWORKING facilities, and all negotiations and all agreements acceptable to both parties are included herein. This Agreement may be modified only by an amendment in writing signed by both parties hereto.
ATTORNEYS FEES. In the event COLUMBIA COWORKING is required to file suit to enforce any provision of this Agreement, should it prevail, it shall be entitled to recover its reasonable costs and attorneys fees incurred in prosecuting the action, in addition to all other damages to which it might be entitled.
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GUARANTY OF AGREEMENT
FOR VALUE RECEIVED, and in consideration for, and as an inducement to Columbia Coworking LLC. (hereinafter referred to as “COLUMBIA COWORKING”), to enter into an Co-Working Program Agreement (the “Agreement”) with accepting party of this agreement (hereinafter referred to as “Co-Working member”) which Agreement, of even date herewith, is incorporated herein by reference, the undersigned absolutely, unconditionally and irrevocably guarantees to COLUMBIA COWORKING the full and prompt payment of all fees and all other charges to be paid by Co-Working member under the Agreement and the full and timely performance and observance of all covenants, conditions, and agreements therein provided to be performed and observed by Co-Working member.
The accepting party expressly agrees that the validity of the Guaranty of Agreement and the obligations of the undersigned hereunder shall in no wise be terminated, affected, or impaired by reason of (i) any forbearances, releases, settlements or compromises between COLUMBIA COWORKING and Co-Working member or any other guarantor, by reason of any waiver of or failure to enforce any of the rights and remedies reserved to COLUMBIA COWORKING in the Agreement or otherwise, or (ii) the invalidity, illegality or unenforceability of the Agreement for any reason whatsoever, or (iii) as a result of the relief or release of Co-Working member or any other guarantor from any of their obligations under the Agreement by operation of law or otherwise, including, without limitation of the generality of the foregoing, the insolvency, bankruptcy, liquidation or dissolution of Co-Working member or any other guarantor or the rejection of or assignment of the Agreement in connection with proceedings under any bankruptcy laws now in effect or hereafter enacted, or (iv) the release, surrender, exchange, subordination, deterioration, waste, loss or impairment (including without limitation, negligent, willful, unreasonable or unjustifiable impairment) of any collateral securing the Agreement, or (v) any other act or omission of COLUMBIA COWORKING or Co-Working member which would otherwise constitute or create a legal or equitable defense in favor of the undersigned.
The accepting party represents and warrants that the undersigned has a material economic interest in Co- Working member and that the execution of this Agreement will be of direct benefit to the undersigned, whether or not the undersigned shall ever use any portion of the premises. In the event of any termination of the Agreement by COLUMBIA COWORKING, the undersigned’s liability hereunder shall not be terminated, but the undersigned shall be and remain liable for all damages, costs, expenses and other claims which may arise under the Agreement including reasonable attorney’s fees.
If the accepting party shall, directly or indirectly, advance any sums to the Co-Working member, such sums and indebtedness shall be subordinate in all respects to the amounts then and thereafter due and owing by the Co-Working member under the Agreement. Payment by the undersigned of any amount pursuant to this Guaranty of Agreement shall not in any way entitle the undersigned to any right, title or interest (whether by way of subrogation or otherwise) in and to any of the rights or remedies COLUMBIA COWORKING may have against Co-Working member, unless and until the full amount owing to COLUMBIA COWORKING under the Agreement has been fully paid.
Wherever reference is made to the liability of Co-Working member in the Agreement, such reference shall be deemed likewise to refer to the undersigned, jointly and severally, with Co-Working member. The liability of the undersigned for the obligations of the Agreement shall be primary; in any right of action which shall accrue to COLUMBIA COWORKING under the Agreement, COLUMBIA COWORKING, may, at COLUMBIA COWORKING’s option, proceed against the undersigned and/or Co-Working member, jointly or severally, and may proceed against the undersigned without having demanded performance of, commenced any action against, exhausted any remedy against or obtained any judgment against Co-Working member. This a guaranty of payment and not of collection, and the undersigned hereby waives any obligation on the part of COLUMBIA COWORKING to enforce the terms of the Agreement against Co-Working member as a condition to COLUMBIA COWORKING’s right to proceed against the undersigned hereunder.
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The undersigned hereby expressly waives: (i) notice of acceptance of this Guaranty of Agreement and of presentment, demand and protest; (ii) notice of any default hereunder or under the Agreement and of all indulgences; (iii) demand for observance or performance of, or enforcement of, any terms or provisions of this Guaranty of Agreement or the Agreement; and (iv) all other notices and demands otherwise required by law which the undersigned may lawfully waive. The undersigned agrees that in the event this Guaranty of Agreement shall be enforced by suit or otherwise, the undersigned will reimburse COLUMBIA COWORKING, upon demand, for all expenses incurred in connection therewith, including, without limitation, reasonable attorney’s fees.
The undersigned hereby waives, to the maximum extent permitted by law, all defenses available to a surety, whether the waiver is specifically herein enumerated or not.
It is further agreed that all of the terms and provisions hereof shall inure to the benefit of the successors and assigns of COLUMBIA COWORKING, and shall be binding upon the respective heirs, executors, administrators, successors and assigns of the undersigned.
In the event more than one person or entity executes this Guaranty of Agreement, or counterpart thereof, the liability of such signatories hereunder shall be joint and several.
A determination that any provision of this Guaranty of Agreement is unenforceable or invalid shall not affect the enforceability or validity or any other provision and any determination that the application of any provision of this Guaranty of Agreement to any person or circumstance is illegal or unenforceable shall not affect the enforceability or validity of such provision as it may apply to or any other persons or circumstances.
No modification or amendment of this Guaranty of Agreement shall be effective unless executed by the undersigned and consented to by COLUMBIA COWORKING in writing, and no cancellation hereof shall be valid unless executed by COLUMBIA COWORKING in writing.
In the event it shall be asserted that Co-working members obligations are void and voidable due to illegal or unauthorized acts by Co-Working member in the execution of the Agreement, the undersigned shall nevertheless be liable hereunder to the same extent as the undersigned would have been if the obligations of the Co-Working Member had been enforceable against the Co-Working member.
This Guaranty of Agreement shall be governed by the laws of the State of Louisiana and may be enforced by action in any court of competent jurisdiction in the state courts of St. Tammany Parish, LA.
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EXHIBIT ONE (1) CO-WORKING MEMBER LEVELS
LEVEL ONE (1): Month to Month Hot Desk – 24 hour access Monday thru Sunday, 4 free uses of a Conference Room per month. Seating available in our open designated hot desk area. $125/per month.
LEVEL TWO (2): Month to Month Designated Desk (front) – 24 hour access Monday thru Sunday, mailbox, receptionist, and 4 free uses of a Conference Room per month. Seating it designated selected desk. $225/per month.
LEVEL THREE (3): Month to Month Designated L Desk (back)- 24 hour access Monday thru Sunday, mailbox, receptionist, and 4 free uses of a Conference Room per month. Seating it designated selected desk. $325/per month.
ALL LEVELS INCLUDE:
Use of kitchen
Free Coffee & Beer
Free Wi-Fi
Columbia Coworking LLC - All Rights Reserved