WorkSmart Terms of Service
This Agreement (“Agreement”) is between WorkSmart Network, LLC (“WorkSmart”) and (the “Visitor”)relating to use of the coworking space at 3 Warren Street Glens Falls, NY 12801 (the “Space”). WorkSmart will permit Visitor to use and Visitor will use the Space subject to the following terms and conditions:
Visitor understands and agrees that while using the Space or the Services, visitor may see, learn, receive or otherwise be exposed to confidential and proprietary information relating to WorkSmart or other members and their businesses, including without limitation, products and services, billing and pricing methods, customers and customer lists, and any other sales, marketing, financial and/or other non-public business information (“Confidential Information”). Visitor agrees to hold all such Confidential Information in the strictest confidence, and Visitor shall not, directly or indirectly, use or disclose to any third party any such Confidential Information for any purpose.
Visitor grants to WorkSmart and its authorized representatives’ permission to record photos and/or video, of Visitor while on site at WorkSmart or at a WorkSmart sponsored function off site. Visitor further agrees that any or all of the material photographed may be used, in any form, as part of any future social media, online, or printed materials used to promote WorkSmart, and further that such use shall be without payment of fees, royalties, special credit or other compensation.
No Unlawful or Prohibited Use or Interference
Visitor agrees not to use the Space or Services for any purpose that is unlawful or prohibited by this Agreement. Visitor further agrees not to use the Space or the Services in any manner that could damage, disable, overburden, or impair any WorkSmart computing or networking equipment, or the network(s) connected to any WorkSmart equipment, or to attempt to gain unauthorized access to any accounts, computer systems or networks connected to any WorkSmart equipment, through hacking, password mining or any other similar means. Visitor further agrees not to interfere with any other member’s use and enjoyment of the Space and any Services.
Waiver and Release of Liability
a. Visitor waives and releases WorkSmart, its agents, servants, employers, insurers, successors and assigns from any and all claims, demands, causes of action, damages or suits at law and equity of any kind, including but not limited to claims for personal injury, property damage, medical expenses, loss of services, on account of or in any way related to growing out of Visutor’s presence or involvement at the Space.
b. Visitor releases WorkSmart from any and all liability for damages or injuries on account of or in any way any way related to Visitor’s negligence, the negligence of third parties and WorkSmart’s negligence.
c. Visitor covenants and agrees not to institute any claims or legal actions against WorkSmart for any claim released by this Agreement. Visitor further agrees that should any claim be made against WorkSmart in contravention of this Agreement, Visitor will protect, defend and completely indemnify (reimburse) WorkSmart for any such claim and expenses incurred by WorkSmart in defending itself or security indemnity hereunder.
d. Visitor acknowledges that WorkSmart is not responsible for any lost, stolen, or damaged valuables or property.
Disclaimer of Warranties
To the maximum extent permitted by law, WorkSmart provides access to the space and the services “as is” without warranties, conditions, representations or guaranties of any kind. With respect to the space and/or the services, WorkSmart disclaims all warranties and conditions, whether express, implied or statutory, including, but not limited to any warranties related to merchantability, fitness for a particular purpose or the quality or condition of the space.
Visitor expressly agrees to indemnify, defend and hold harmless WorkSmart and its past, present and future officers, agents, shareholders, members, representatives, employees, affiliates, successors, and assigns, jointly and individually, from and against all claims, actions, suits, demands, liabilities, losses, damages, settlements, judgments, expenses, and costs (including without limitation reasonable attorney’s fees and court costs), whether or not involving a third party claim, which arise out of, relate to or result from Visitor’s use of the space or the condition or management of the space, including but not limited to claims of injuries to person or damage to or theft of property, and regardless of whether or not caused by the negligence of WorkSmart or any other indemnified party or whether or not the relevant claim has merit.
If any provision or portion of this Agreement is determined to be invalid, illegal or unenforceable for any reason, in whole or in part, the remaining provisions of this Agreement shall be unaffected thereby and shall remain in full force and effect.
This Agreement shall be deemed to be made in Glens Falls, New York and shall be governed by the laws of the State of New York, and the parties hereby irrevocably submit to the jurisdiction and venue of the state and federal courts with jurisdiction in Glens Falls, New York. This Agreement shall be binding upon and shall inure to the benefit of the parties, their heirs, administrators, successors and permitted assigns and legal representatives. If it is necessary for a party to enforce the provisions of this Agreement, the prevailing party shall be entitled to reimbursement from the nonprevailing party for the prevailing party’s costs of enforcement, including, without limitation, court costs and attorney’s fees. This Agreement, including all attachments hereto, is the entire agreement between the parties and supersedes all prior oral and written understandings and agreement. Unless otherwise permitted above, the terms of this Agreement may not be modified or amended, except in writing by both parties.