Terms and Conditions

General Terms and Conditions

The Workplace Terms of Use

1. Acceptance of Terms The facilities and services The Workplace (“The Workplace”) provides to its members and all other guests, (as described below) are subject to the following Terms of Use (the “TOU”). In addition to this TOU, members and all other guests must comply with the The Workplace “House Rules” which may be posted from time to time at The Workplace. In addition to this TOU, members and all other guests must also comply with the rules and regulations of The Commons Shopping Center, where The Workplace is located. The Workplace reserves the right to update the TOU and House Rules at any time. Use of The Workplace by members and guests shall not be construed to create a partnership, joint venture, investment, landlord/tenant, agency, or other relationship between The Workplace and its members or guests. The Workplace is located at 100 Commons Rd, Suite 11, Dripping Springs, TX 78620.
2. Description of Services The Workplace provides its members and other guests with access to office facilities, co-working facilities, work stations, Internet access, office equipment, conference facilities, event space, knowledge resources, and other services as The Workplace may provide from time to time (each a “Service” and collectively the “Services”). The Services are at all times subject to this TOU.
3. Unlawful or Prohibited Uses Members and guests agree that when using The Workplace facility and services, and The Commons Shopping Center, you will not engage in the following unlawful or prohibited uses:

• Publish, post, upload, distribute or disseminate any illegal, inappropriate, profane, defamatory, obscene, indecent or unlawful topic, name, material or information;
• Upload, or otherwise make available, files that contain images, photographs, software or other material prohibited by law or protected by intellectual property laws, including, by way of example, and not as limitation, copyright or trademark laws (or by rights of privacy or publicity) unless you own or control the rights thereto or have received all necessary consent to do the same;
• 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;
• Download any file(s) that you know, or reasonably should know, cannot be legally reproduced, displayed, performed, and/or distributed in such manner;
• Violate any house rules, code of conduct of other guidelines of The Workplace or The Commons Shopping Center;
• Create a false identity for the purpose of misleading others;
• Cause any unnecessary janitorial labor by reason of carelessness or indifference in the preservation of good order and cleanliness;
• Use The Workplace or The Commons Shopping Center for lodging;
• Install, maintain or otherwise locate any computer server at The Workplace;
• Bring or use any hazardous substances to The Workplace or the The Commons Shopping Center, including but not limited to: kerosene, propane, gasoline or flammable or combustible fluid or material, hazardous materials, or any method of heating or cooling other than that provided by The Workplace;
• Bring or use any firearms or weapons to The Workplace or The Commons Shopping Center;
• Bring or use narcotics or other banned substances at The Workplace or The Commons Shopping Center;
• Store goods, wares or merchandise at The Workplace;
• Consume alcohol if below the legal drinking age.

4. Cellular Phones and Mobile Devices The Workplace encourages its members and guests to avoid using cellular phones or other mobile devices in a disruptive or noisy manner. The Workplace requests that everyone keep their phones on vibrate while at The Workplace and use a private area, such as a conference room or booth, or step outside the facility for calls lasting longer than three (3) minutes.
5. Alterations and Signage Members and guests may not make any changes, alterations, or improvements to the The Workplace facilities or the The Commons Shopping Center. Members and guests may not place any signs or other advertising at The Workplace without the prior express written consent of The Workplace. Members and guests may not otherwise place or distribute any signs, advertising or other marketing materials at the The Commons Shopping Center.
6. Use of The Workplace Name Members and guests may not use the The Workplace name without the express prior written consent of The Workplace, unless The Workplace has agreed to as their business address, and The Workplace is not opposed.
7. Disclosure of Member Information The Workplace may publish certain member information on its website(s) and social media accounts, including but not limited to the member’s name, business or company, position, photo and website information.
8. Internet Service,Network Usage, Print/Copy/Scan The Workplace seeks to provide reliable, secure, high speed internet access, and any interruptions will be addressed promptly. However, in the event of a service interruption, The Workplace is not responsible for any data, business, or other damage or losses. Similarly, The Workplace is not responsible for damage or losses resulting from power surges, computer malware or viruses, or other malicious network attack. Members and guests may not share the high-speed Internet service, whether in wired or wireless form with or for the benefit of non-members, or to engage in activities requiring an unreasonable amount of bandwidth. Members and guests may not transmit bulk email in any form via the internet service provided by The Workplace, or otherwise engage in activities that could damage, disable, overburden, or impair any The Workplace server. Members and guests may not attempt to gain unauthorized access to any accounts, computer systems or networks connected to any The Workplace server through hacking, password mining or any other means. Printers/copiers/scanners: Each Member is granted a monthly allocation of 50 color prints and 150 black & white prints for printing on the 1st of each month. Printouts and copies in excess of the amount specified are subject to overage fees. Printing/copying prices are per page based on the printer being used: B&W Printer is $0.05 per page, Color Print is $0.20 per page. Overages will be charged at the end of the month in which they occur. Print/copy allocation are NOT rolled over from month to month. Members are allocated unlimited scans.
9. Electricity Usage The Workplace is designed to provide standard office use electrical facilities and office lighting. The Member shall not use any equipment or devices that utilize excessive electrical energy or which may overload the wiring or interfere with electrical service to other occupants of The Workplace or violate any law, ordinance or rule or regulation of any utility company or governmental agency or authority. Electrical power can fluctuate during normal usage and accordingly members and guests are encouraged to use surge protectors and any other necessary equipment for protection against spikes or dips in electrical power. The Workplace is not responsible for any damage to equipment suffered as a result of electrical conditions.
10. Facility Access The Workplace members may access the The Workplace facility at the following times: 24 hours a day, 7 days a week with exceptions to be provided by The Workplace at will Guests who are not members may access the The Workplace facility at the following times: Monday through Friday from 8am to 5:0 0pm CST
11. Member and Non-Member Fees Fees for The Workplace memberships, conference room reservations, passes, event space rentals and other fees for members and non-members are posted on the The Workplace website at www.attheworkplace.com. The Workplace may deny or otherwise restrict access to members that have not paid the applicable fees.
12. Renewals and Terminations This Agreement is automatically renewed at the end of each period with consent of each party. The TOU must be adhered to at all times. Failure to follow TOU can result in non renewal or even early termination of the usage license. The Workplace reserves the right to terminate this TOU or any Service at any time, immediately and without notice. Members may terminate this Agreement by giving a written notice of termination. Termination shall be in effect as of the end of that calendar month for the ‘Coworking – Monthly’ membership. Termination shall be in effect as of the end of that calendar month for the ‘Additional Occupant’ membership. Termination shall be in effect at the end of the following calendar month for the ‘Dedicated Office – Monthly’ membership.
13. Non-Member Visitation and Meetings Non-members who are invited to The Workplace as guests of a member are subject to a daily visitation limit of two (2) hours. Further, members may not hold more than twenty (20) separate non-member meetings at The Workplace in any month. A guest is defined as (a) a person who does not have a membership, or (b) a person who is not a direct and current employee of the member if the member is an organization. A non-member meeting is defined as a single contiguous block of time during which the same set of people meet, at least one of whom is not a member. Members shall be responsible for their guests and shall be liable for all acts of such guests.
14. Lost or Stolen Property Although The Workplace seeks to maintain a safe, crime free, and stress free environment, The Workplace is not responsible for lost or stolen property.
15. Disclaimer of Warranties To the maximum extent permitted by applicable law, The Workplace provides the services “as is” and with all faults, and hereby disclaim with respect to the services 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, correspondence to description or non-infringement. The entire risk as to the quality, or arising out of participation in or the use of the services, remains with you.
16. Exclusion of Incidental, Consequential and Certain Other Damages To the maximum extent permitted by applicable law, in no event shall The Workplace 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 services, the provision of or failure to provide services, or otherwise under or in connection with any provision of this agreement, even in the event of the fault, tort (including negligence), strict liability, breach of contract or breach of warranty of The Workplace, and even if The Workplace has been advised of the possibility of such damages. Because some states/jurisdictions do not allow the exclusion or limitation of liability, for consequential or incidental damages, the above limitation may not apply.
17. 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 The Workplace 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 this TOU and your exclusive remedy for all of the foregoing shall be limited to actual damages incurred by you based on reasonable reliance up to twenty dollars (USD $20.00). The foregoing limitations, exclusions and disclaimers shall apply to the maximum extent permitted by applicable law, even if any remedy fails its essential purpose.
18. Termination The Workplace reserves the right to terminate this TOU or to suspend use of any Services at any time, without notice.
19. Indemnification You release, and hereby agree to indemnify, defend, protect and hold harmless The Workplace and 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 and individually, from and against all claims, liabilities, losses, damages, costs, expenses, judgments, fines and penalties based upon or arising out of your negligent actions, errors and omissions, willful misconduct and fraud in connection with the participation in or use of the Services. You further agree in the event that you bring a claim or lawsuit in violation of this agreement, you shall be liable for any legal fees and costs incurred by The Workplace or its respective officers and agents in connection with the defense of such claim or lawsuit.
20. Severability In the event that any provision or portion of this TOU is determined to be invalid, illegal or unenforceable for any reason, in whole or in part, the remaining provisions of this TOU shall be unaffected thereby and shall remain in full force and effect to the fullest extent permitted by applicable law.
21. Governing Law and Jurisdiction The TOU shall be governed, construed and interpreted by, through and under the laws of the State of Texas. Any dispute under the TOU shall be subject to the exclusive jurisdiction of the courts located in Hays County, Texas
22. Pets and Animals The Workplace takes the health and safety of all members and visitors seriously. In keeping with this objective, The Workplace does not permit members or visitors to bring their household pets inside the facility. Animals may pose a threat of infection and may cause allergic reactions. Some people may feel threatened or be distracted by the presence of animals. In addition, The Workplace wishes to prevent pets from fouling the office space or damaging property.