Legal Agreement: Terms of Service
TERMS OF SERVICE
This is an agreement to utilize the provided amenities at The Sidecar. Contingent on Membership Level selected, Licensees (“Member”) will be permitted to have exclusive utilization of a single desk, shared workspaces, or a private office along with access to common areas/items and internet service at The Sidecar.
If at any time Licensee fails to pay any amount due for its membership, Sidecar may immediately and without any further notice terminate this License, including cancellation of rights of access to the Sidecar property.
Licensee will remain responsible for all payments due hereunder. If this License is terminated and Licensee does not remove all belongings and property at the end of the month, or immediately in the case of an earlier termination, then Sidecar shall be authorized to collect any materials in the Desk and place them in a box for Licensee to pick up. The box may be disposed of after one calendar week if not picked up. Any costs of enforcement, collection and disposal, including attorney’s fees, will be the responsibility of the Licensee.
The cost of repairing any damage other than wear from ordinary use may be charged and deducted from any monthly payment by Licensee, in which case licensee must reimburse Sidecar immediately for any resulting deficiency in order for the License to continue. Licensee is responsible for obtaining their own renters insurance to cover their personal items left in the space.
PAYMENT AND BILLING
Payment Methods: The Sidecar utilizes a software called Proximity for membership management, billing, and payments. Proximity will automatically charge members to the payment method provided by the member on the 1st of each month. Members can provide a credit card (2% transaction fee) or choose ACH (no fee). If a membership begins on a date other than the 1st, the first month’s membership fee will be prorated appropriately. You will receive email notifications from Proximity regarding billing and membership renewal.
Holding deposits: The Sidecar will require a deposit equal to one month’s membership fee to hold a membership for a future start date. Deposits are non-refundable within 60 days of the membership start date. If a member wishes to withdraw their membership more than 60 days prior to the membership start date, their deposit will be refunded and the membership forfeited. When the membership begins, holding deposits will be applied as a credit to the first month’s membership payment and the membership commitment begins.
Cancellation: Members may cancel their membership by contacting their community manager. The member will be billed monthly until their membership commitment end date regardless of cancellation date. Unless otherwise agreed upon in writing, the duration of membership commitments are as follows:
PRIVATE OFFICES 6-month initial membership, with 3 month renewal intervals thereafter.
DEDICATED DESKS 6-month initial membership, 3 month renewal intervals thereafter.
SHARED WORKSPACE 3 month initial membership, then month-to-month thereafter.
FRIENDS OF THE SIDECAR 3 month initial membership, then month-to-month thereafter.
The membership commitment begins on the start date of the membership, not the date of reservation or deposit.
Acceptance of Terms: The signing of this agreement acknowledges that you have read, understand, and accept the terms and policies of The Sidecar’s House Rules. These policies may change and are binding once the revised agreement has been signed and posted online. Notifications will be sent out to all current members upon revision of these policies. Violation of the House Rules could mean being removed from The Sidecar community as an event attendee, coworking member, community organizer, mentor, investor, guest or staff.
Hours: The Sidecar can be utilized 24/7 for Dedicated Desk and Private Office Licensees. Shared Desk Licensees can utilize The Sidecar between the hours of 9:00 am - 5:00 pm M-F.
Subletting: Your Sidecar membership is for your individual use only and may not be shared with or sublet to another individual or company without written consent from The Sidecar.
Environment: The Sidecar is a shared professional working environment. All members have a right to a quiet, working atmosphere. Phone calls and conversations are always acceptable in the coworking space; However, please keep in mind a respectful level of volume is expected and appreciated. If your phone call or conversation may disrupt others utilizing the coworking space, please relocate your conversation/phone call to one of the general areas, phone booth(s), or conference rooms. If someone has headphones in, please send them a digital message prior to bothering in person as interruption may disrupt their workflow.
Phone Booths: The phone booths are available for meetings, phone calls, web meetings, etc. Please do not allow the phone booths to become your second home - to use them, book via the appropriate avenue as outlined in your welcome packet (verify your desired time slot is open). Phone booths may also be used without prior reservation but only provided the desired term is free. First come, first serve.
Refrigerator: Refrigerators are cleaned out weekly at 3 p.m. on Fridays in order to keep the fridge fresh, organized, and spacious for the following week. If you want to leave anything in the fridge over the weekend, please make sure to leave a sticky note with your name on it saying it should be kept. Any items left in the fridge on Fridays after 3 p.m. without a note will be removed, including the container.
Refreshments: Coffee, water, soft drinks and beer are complimentary with membership. We expect members of our community to drink responsibly in our space. Alcohol is available for members over 21 years in age. Remember, this is a professional environment. If libations are abused, it will be dealt with on an individual basis.
Guests: While guests are always welcome, it is required that all guests are accompanied by a member at all times and never given keys to the building/office. The inviting member is 100% responsible for their guests actions at all times and is responsible for ensuring their actions are in correspondence with the House Rules. If this policy is abused, The Sidecar reserves the right to suspend after hours privileges and/or forbid guests from being in the space.
Member Registry: The Member Registry is maintained by The Sidecar via Proximity’s Member Directory. When creating their Proximity profile, members may choose to opt in or out of being listed in the directory, as well as choose what contact information is or is not visible. The Sidecar may maintain member registries outside of Proximity for internal administrative use only.
First Come, First Serve: Though finding an open workspace should never be an issue, if there is a time when no desks are available, let it be known we strictly practice a first come, first serve policy. Dedicated Desks and Private Offices are the only guaranteed seats.
Printing: Print/Copy/Fax services are available only for members to use.
Clean Desk and Workspace: Please remember this is a shared workspace. We ask that the workspace around you is kept clean and tidy. Leaving dirty dishes or trash in any of the coworking space, including personal desks, is not acceptable. Dishes and liquids are to be bussed by members and placed in the designated dish bin.
Advice: Understand that any and all advice you may receive from other coworkers, shareholders, directors, advisors, interns, community partners, and others does not constitute professional advice and should be evaluated critically by yourself and others on your team.
Slack: You will receive an invite to the Sidecar slack channel shortly after joining Sidecar. This is utilized as the main form of communication between Sidecar leads and members. We do not use email for announcements and information related to our spaces. If there is something important you must know it is sent out via Slack, with the exception of billing information, which you will receive via email.
Liability: In consideration for receiving permission to use the space, you release, waive, discharge, and agree to indemnify and hold harmless The Sidecar, its officers, agents, or employees (hereinafter referred to as releases) from any and all liability, claims, demands, actions, and causes of action whatsoever arising out of or related to any loss, damage, or injury, including death, that may be sustained by you or your guests, or to any property belonging to you or your guests, while in or on the premises, if such loss is caused by your action, inaction, or negligence and regardless of whether such liability arises in tort, contract, strict liability, or otherwise, to the fullest extent allowed by law.
You voluntarily assume full responsibility for any risks of loss, property damage, or personal injury, including death that may be sustained by you or your guests, or any loss or damage to property owned by you or them if caused by your own or your guests’ actions, inactions, or negligence, to the fullest extent allowed by law.
Governing Law: This Agreement shall be governed by and construed in accordance with the laws of the State of Montana.
Confidentiality: You acknowledge and agree that during your participation in and use of The Sidecar you may be exposed to Confidential Information of either The Sidecar or its member companies. “Confidential Information” shall mean all information, in whole or in part, that is disclosed by The Sidecar or any member company. Confidential Information also includes, without limitation, information about business, sales, operations, know how, trade secrets, technology, products, employees, customers, marketing plans, financial information, services, and business affairs.
Your participation in and/or use of The Sidecar obligates you to 1) Maintain all Confidential Information in strict confidence; 2) Not to disclose Confidential Information to any third parties; 3) Not to use the Confidential Information in any way directly or indirectly detrimental to The Sidecar or any member/user of the services.
All Confidential Information remains the sole and exclusive property of The Sidecar or the respective disclosing party. You acknowledge and agree that nothing in this Membership Agreement or your participation or use of The Sidecar will be construed as granting any rights to you, by license or otherwise, in or to any Confidential Information, or any patent, copyright or other intellectual property or proprietary rights of The Sidecar or any member/user of the services.
Harassment: The Sidecar cares about creating an open and welcoming community, and we are committed to making membership a respectful and harassment-free experience for everyone, regardless of gender, gender identity and expression, sex, sexual orientation, race, ethnicity, national origin, immigration status, age, political affiliation, or religion.
Harassment includes, but is not limited to:
- Offensive comments or jokes related to gender, gender identity and expression, sexual orientation, disability, mental illness, physical appearance, body size, age, race, national origin, immigration status, or religion.
- Gratuitous or off-topic sexual images or behavior.
- Physical contact and simulated physical contact (hugs/etc.) without consent or after a request to stop.
- Threats of violence and/or incitement of violence.
- Deliberate intimidation.
- Stalking or following.
- Harming the discussion or community with methods such as sustained disruption, interruption, or blocking of community collaboration (i.e. trolling).
- Non-consensual publication of private correspondence.
- Unwelcome comments regarding a person’s lifestyle choices and practices, including those related to food, health, parenting, drugs, and employment.
Individuals asked to stop any harassing behavior are expected to comply immediately. If a member engages in harassing behavior, The Sidecar retains the right to take any actions we deem appropriate to keep The Sidecar a welcoming environment for all members. This includes but is not limited to warning the offender, facilitating an apology, asking the offender to leave the community, or, if necessary, calling the police.