Foundry Community Membership, Dedicated Desk, Day Pass & Meeting Room Hire Terms and Conditions
These Terms and Conditions (the “Terms”) describe your rights and obligations in connection with your receipt and use of the services provided by Foundry in connection with your Community Membership, Dedicated Desk, Day Pass, Meeting Room or other services specified herein (the “Services”, as further described below).
Please read these Terms carefully, as they affect your legal rights.
If you have any questions about these Terms, please contact email@example.com.
By using the Services, you are agreeing to abide by and be bound by these Terms.
Who are we
We are Foundry, and we create online and physical communities for entrepreneurs and creatives.
Who are you
References to “you,” “your” and similar in these Terms refer to the individual or entity registering for any of the Services offered by Foundry, and agreeing to be bound by these Terms.
If you are entering into these Terms on behalf of an entity, you determine that you have all necessary right, authority and consent to bind such entity to these Terms.
What do we mean by Services
Any reference to “Services” in these Terms refers solely to your access to, and use of our online member network, member-only community events and space in any Foundry locations (each, a “Premises”).
The exact Services you receive will depend on (a) the product you have purchased; (b) the Services available, which may vary by Premises
“Services” do not include, and we are not liable for, the provision of products or services by third parties (“Third Party Services”).
Changes to our Services or these Terms.
The scope and availability of Services offered by Foundry may be subject to change from time to time at our sole discretion.
We may also make modifications, deletions or additions to these Terms and will provide you with notice of changes to these Terms or to Services that apply to you, by emailing the last email address provided by you in your profile or by posting a notice to the online Foundry Community Hub.
Changes will be effective immediately upon notice, except pricing and fee changes which will be effective upon the next subscription period. If you don’t agree to the changes, you may cancel your Foundry Community Membership or Day Pass at any time. Please be advised that there are no refunds for early cancellation.
The Foundry Community offers services to members and guests aged 18 or above, unless otherwise specified.
You agree to provide us with accurate and complete information about yourself when you register with us and as you use the Services.
Passwords and access devices.
When you subscribe to or purchase “Services” from Foundry you will be allocated an Access Device and a password for the online Foundry Community Hub.
Do not reveal your account password or transfer your key fob or other access device to anyone else (or let them use your account), and don’t attempt to make any copies of any keys, keycards, or other means of entry to our Premises (each to be known as an “Access Device”).
You are solely and wholly responsible for maintaining the confidentiality of your password and security of your Access Device. You must notify us immediately if you suspect your password or Access Device has been compromised.
Access Devices remain our property, and you must return them immediately upon termination or expiration of your Community Membership or Daily Desk.
You may be charged a replacement fee for any lost or damaged Access Devices.
Linking to a company.
When registering with Foundry, you may identify a Company (as defined below) with which your profile may be associated. Alternately, your account may have been created by an authorised representative of your employer or other entity for which you provide services (a “Company”), and your profile will be associated with such Company.
You agree that you will not falsely represent your association with any Company, impersonate any third party, or otherwise submit or present any false or misleading information to us or the wider Foundry Community. In the event that your relationship with the Company in your profile changes or ends, you agree to promptly update your profile to reflect this, you may submit a request to do so to firstname.lastname@example.org.
If your Foundry Membership or Day Pass is provided by a Company, you may lose access to the Services upon the termination or change in status of your relationship with given Company.
If you are an authorised representative of an organisation receiving the Services, you hereby guarantee to us that (a) you have the proper authority to create, terminate and maintain the company account and to add and remove individual members to and from the account and (b) you have obtained all necessary consent and permissions from any applicable individuals for the creation of their accounts and the processing of individual information. You further agree to indemnify us for any loss we may suffer as a result of any breach of these guarantees.
Paying for Your Foundry Community Membership or Day Pass
By signing up for a Foundry Community Membership, Day Pass, or any other Services (including any Service Packages such as registered Business Address or Meeting Room reservations) and providing your payment information, you agree to pay us the recurring or nonrecurring fees associated with the particular Services you are purchasing, as displayed to you at the time you create your account and/or sign up for the relevant Services, or as updated by us from time to time upon notice to you.
You acknowledge and agree that the payment method provided by you will be automatically charged the fees and any other amounts you may incur or be liable for (including for damages caused to any of our Premises or property) in connection with the Services.
You must keep your payment information up-to-date and accurate. Recurring fees, which may include recurring membership fees (“Membership Fees”) and any other recurring fees you have agreed to in connection with the Services will be charged on the first (1st) of each month unless we notify you otherwise.
Overdue fees and other non-recurring fees will be charged within thirty (30) days of you accruing such fees.
If payment for your Membership Fee or any other accrued and/or outstanding fee is not made by the fifteenth (15th) of the month in which such payment is due, you will be responsible for paying the then-current late charge. The current late fee schedule is available at request from email@example.com.
Your use of the Services may be suspended, and ultimately terminated, if we are unable to charge your payment instrument for any reason.
When we receive funds from you, we will ﬁrst apply the funds to any balances which are in arrears and to the earliest month due ﬁrst. Once past balances are satisﬁed, any remaining portion of the funds will be applied to current fees due.
No refunds. All fees are non-refundable.
Using and Terminating the Services
Foundry Community Members and their guests are expected to behave respectfully towards other community members and/or their invited guests at all times.
Whilst specific guidances may be revised from time to time - in general, we expect that you will not perform any activity that is reasonably likely to be disruptive, damaging or dangerous to us, our employees or agents, other members, any guests or any other third parties or any pets or property of any of the foregoing.
If you have questions about the guidelines for any of our Premises, please submit a request to firstname.lastname@example.org
Your Foundry Community Membership and/or Daily Desk account, is specific to you. You may not add additional members to your account or share your account credentials or Access Device with any other individual.
You must not use any Services or any space you reserve or occupy in any Premises in a “retail,” “medical,” or other nature involving frequent use by or visits from members of the public.
Daily Desk Passes.
Daily Desks can only be accessed through a Daily Desk reservation and can only be reserved during Regular Business Hours on Regular Business Days.
All reservations are subject to desk availability.
“Regular Business Hours” are generally from 9:00 a.m. to 5.30 p.m. Monday thru Friday.
You may be required to present a valid, government-issued photo identification in order to gain access to our Premises. For security purposes, we may record via video certain areas of our Premises.
If we deem it reasonably necessary, we may disclose information about you to satisfy applicable law, rule, regulation, legal process or government request, or to protect us, our members, or other individuals, or any of our or their property.
It is your obligation to notify any of your guests about this policy.
We are not responsible for any property you bring to Foundry. It is your responsibility to ensure that you have retrieved all of your personal items prior to leaving.
Prior to the termination or expiration of your Foundry Community Membership and/or Daily Desk session, you must remove all of your property from all Foundry Premises.
After providing you with reasonable notice, we will be entitled to dispose of any property remaining in any of our Premises, and you waive any claims or demands regarding such property or our handling of such property.
You will be responsible for paying any fees reasonably incurred by us regarding such removal.
You may be held liable (and by accepting these Terms do hereby authorise us to charge you) for the repair cost for all damage to our Premises and items therein caused by you or your guests, invitees or where permitted, pets.
If you are accessing our space pursuant to these terms, common spaces in our Premises may be accessed by you, and to the extent we permit, your guests, starting from the time immediately prior to your reserved time in the Premises and ending at the time immediately following your reserved time in the Premises.
Common spaces are for temporary use and not as a place for continuous, everyday work.
Intellectual Property of others.
You must not directly or indirectly take, copy or use any information or intellectual property belonging to other members or member companies or any of their guests, including without limitation personal names, likenesses, voices, business names, trademarks, service marks, logos, trade dress, other identifiers or other intellectual property, or modified or altered versions of the same.
You may only bring pets into Premises where we expressly allow pets, and we may require you to produce proof of vaccination for such pet in a form satisfactory to us.
You must accompany your pet at all times, unless it is in an enclosed space that you have reserved (Meeting Room).
You will be solely and wholly responsible for any injury or damage caused by any pet you or any of your employees, invitees or guests bring into any Premises.
We will not be responsible for any injury to any pets.
We reserve the right to restrict any member’s or other individual’s right to bring a pet into the Premises at any time in our sole discretion.
You and other members.
We do not control and are not responsible for the actions of other members or any other third parties (including any pets).
If a dispute arises between members or their invitees, guests or pets, we shall have no responsibility or obligation to participate, mediate or indemnify any party.
If you fail, or if we suspect that you have failed, to comply with any of the provisions of these Terms, we may, at our sole discretion, restrict your access to your account and the Services and/or terminate your account with immediate effect and possibly without prior notice to you.
In addition, we may decline to renew your subscription for any or all Services at the end of your subscription period for any reason or for no reason.
You can cancel your account at any time, by submitting a request to email@example.com.
Please note that if your individual account was created by a Company, (a) an authorised representative of such Company may at any time terminate your individual account by contacting us, and (b) we may terminate your account, even if the Company’s account remains active, and even if you continue to be employed or engaged by such Company.
Cancellation will be effective immediately upon our receipt of notice of cancellation. We do not provide refunds upon termination or cancellation of your account with respect to amounts already paid. You will remain liable for past due amounts, and we may exercise our rights to collect due payment, despite termination or expiration of your Foundry Community Membership and/or Daily Desk.
In using the Services, you may encounter advertisements from Third Party Service Providers and our other business partners, which may be targeted to you based on certain information you provide to us or that we collect based on your use of the Services.
The types and extent of advertising are subject to change.
In consideration for us granting you access to and use of the Services, you agree that we, such Third Party Service Providers and our other business partners may provide you with such advertising from time to time.
Endorsements and Testimonials
We may occasionally publish testimonials by invited users and members related to their experiences with the Services they have purchased at Foundry. Testimonials are the users’ subjective opinions, and they represent individual results. We can neither verify them nor claim that they are typical of the results that others may achieve. Names, locations, dates and other information may be changed to protect the privacy of the individuals involved if requested. All other testimonials and endorsements of any type, format or nature posted by users are not verified by us, and we make no guarantee of their accuracy. You should be cautious when relying on any such testimonials or endorsements, and you should assume the results described therein are not typical.
Use of the FOUNDRY Name and image
You may not take, copy or use for any purpose the name “Foundry” or any of our other business names, trademarks, service marks, logos, other identifiers or other intellectual property or use modified or altered versions of the same, or take, copy or use for any purpose any pictures or illustrations of any portion of any Foundry properties or events, without our prior consent.
Waiver and Release of claims.
To the extent permitted by law, you, on your own behalf and on behalf of your employees, agents, guests and invitees, waive any and all claims and rights against us and our landlords at the Premises and our affiliates, parents, and successors and each of our and their employees, assignees, officers, agents and directors (collectively, the “Foundry Parties”) resulting from injury or damage to, or destruction, theft, or loss of, any property, person or pet (“Claims”) and release the Foundry Parties from any such Claims.
Actions of other individuals.
We do not control and are not responsible for the actions of other individuals or pets using the Services or at our Premises.
You should be aware that other users or members may not be who they claim to be.
We do not perform background checks on our users or members nor do we guarantee that our users’ or members’ profiles are accurate.
We do not endorse, support or verify the facts, opinions or recommendations of our users or members.
Third Party liability.
We do not have liability for third party products or services. The Services may provide you with access to third party products or services. The Services may also provide you with access to advertisements from our other third party business partners.
We are not responsible for the content of any advertisements or links, products, services or other materials relating to any third party products, services, advertisements or other materials.
In no event will we be liable, directly or indirectly, to anyone for any damage or loss relating to any use of or reliance on any advertisement on the Services or any products, services or other materials relating to any advertisement.
You agree that our making available access to or discounts for these third party services does not constitute provision of such third party services by us, and you will look solely to the applicable third party for provision of the applicable third party services and for compensation for any claims, damages, liabilities or losses you may incur in connection with such third party services.
Limitation of Liability.
Nothing in these Terms will exclude our liability for (a) death or personal injury caused by our negligence; (b) fraud or fraudulent misrepresentation or (c) any breach of any implied terms which cannot lawfully be excluded.
You agree to hold us harmless. You will indemnify and hold harmless the Foundry Parties from and against any and all claims, liabilities, damages and expenses (“Claims”) including reasonable lawyers’ fees, resulting from any breach of these Terms by you or your employees or guests, or your or their invitees or pets or any of your or their actions or omissions, and Foundry will have sole control over the defence of any such Claims.
You are responsible for the actions of and all damages caused by all persons and pets that you or your guests invite to enter any of the Premises.
You shall not make any settlement that requires a material act or admission by any of the Foundry Parties, imposes any obligation upon any of the Foundry Parties or does not contain a full and unconditional release of the Foundry Parties, without our written consent. None of the Foundry Parties shall be liable for any settlement made without its prior written consent.
You agree to cooperate with us. From time to time, we may investigate any actual, alleged or potential violations of these Terms. You agree to cooperate fully in any of these inquiries. You waive any and all rights against the Foundry Parties, and agree to hold them harmless in connection with any claims relating to any action taken by us as part of our investigation.
Class Action Waiver.
Any proceeding to resolve or litigate any dispute in any forum will be conducted solely on an individual basis. Neither you nor we will seek to have any dispute heard as a class action or in any other proceeding in which either party acts or proposes to act in a representative capacity.
No proceeding will be combined with another without the prior written consent of all parties to all affected proceedings.
You and we also agree not to participate in claims brought in a private attorney general or representative capacity, or any consolidated claims involving another person's account, if we are a party to the proceeding.
You are giving up your right to participate as a class representative or class member on any class claim you may have against us including any right to class arbitration or any consolidation of individual arbitrations.
If you have any questions relating to these Terms, please contact us at firstname.lastname@example.org