Go West Coworking Member Agreement
Version: October 2026
This is the agreement between Go West Coworking LLC and each of its members, for dedicated desks, private offices and suites.
How you accept it. You accept this Agreement by ticking the acceptance box on your Stripe Checkout page. The details of your membership (type, space, start date, Monthly Charge, billing day, term, deposit if any, notice period and maximum occupancy) are shown next to that box and in the email that sent you the page. Those details and this Agreement together are your agreement with Go West.
This version never changes. If we update the agreement, we publish a new version at a new address and tell you before it applies to you.
Definitions
Host: Go West Coworking LLC, info@gowest.work, 1828 Centre St., West Roxbury, MA 02132
AGREEMENT DATE shall mean the date you accept this Agreement by ticking the acceptance box on your Checkout page;
CANCELLATION TERMS shall mean the Flexible Cancellation Terms described in the section entitled “Cancellation” below;
HOST shall mean Go West Coworking LLC, at the email and address above;
“GUEST”, “MEMBER” OR “YOU” shall mean the person or company named when you accept this Agreement, at the email address used to accept it and any address you give the Host;
MEMBERSHIP DETAILS shall mean the membership type, Space, Start Date, Monthly Charge, billing day, Minimum Term or End Date, Deposit, notice period and Maximum Occupancy shown next to the acceptance box on your Checkout page and in the email that sent you that page;
SPACE shall be the desk, office or suite named in the Membership Details;
MAXIMUM OCCUPANCY shall be the number of people shown in the Membership Details, or one if none is shown;
BUILDING shall be 1828 Centre St., West Roxbury, MA 02132;
TERM shall mean the period beginning on the Start Date and ending on the later of the End Date, if specified, or the Minimum Term number of months after the Start Date, in each case as shown in the Membership Details;
FEES shall mean any “Setup Charge” and the “Monthly Charge” shown in the Membership Details;
DEPOSIT shall be the amount shown in the Membership Details, or none if none is shown;
TAXES shall be the taxes set by the Host.
Agreement
This Agreement is made as of the Agreement Date between the Host and the Guest for use of the Space located in the Building.
The Host and Guest agree as follows:
License
Subject to the terms and conditions of this Agreement, the Host grants Guest a non-transferable license to occupy and use the Space in the Building (the “License”) during the Term and the Guest accepts such License.
Term
The Term shall be the period of time that begins on the Start Date and ends on the later of the End Date, if specified, or Minimum Term number of months after the Start Date. If no Minimum Term is specified, the Minimum Term shall be one month.
House Rules
During the Term, the Guest agrees to accept the terms, conditions, and policies provided by the Host relating to the use of the Space, including building security procedures, IT access and use procedures, maximum occupancy limitations, specific state law requirements and other terms or procedures provided by the Host (the “House Rules”) above. The House Rules may be revised and amended by the Host without the prior consent of the Guest; provided that Host shall provide Guest with notice of such revisions and/or amendments. In the event of a conflict between this Agreement and the House Rules, the House Rules shall govern and control.
Payment
The Guest agrees to pay the Fees, Deposits, and Taxes for use of the Space to the Host.
Definitions
Capitalized terms used and not otherwise defined in this Agreement or the Exhibit and Schedules shall have the meanings set forth in the Section entitled “Definitions” above.
Entire Agreement
This Agreement (including the Exhibits) constitutes the entire agreement between the Host and the Guest regarding the use of the Space and supersedes any prior agreements between the Host and Guest relating to Guest’s use of the Space.
House Rules (As of Oct. 8, 2026)
These rules can and will change over time, to better capture and express the guidelines which best serve all of our members. When they change, we will make the changes known to all members.
In general, every member is responsible for helping to create a mutually supportive and respectful workspace for all members.
Go West provides a desk, basic chair, floor protector, and outlet. Guests may bring in needed ergonomic office equipment, as well as preferred lamps, wastebaskets, etc. However, if your equipment is large, unsightly, unsafe, or otherwise problematic, we will ask you to remove it. Partial week members may not leave monitors or personal belongings on or around desks, unless otherwise specified.
Relatively short professional phone calls and video conferences may be made from your desk; the expectation is that those around you will wear headphones or ignore you during such calls. Long calls/video conferences, or personal calls should be conducted elsewhere — in the pod or in the “phone booth” — where they will not disturb others. Please wear headphones when on calls, so that those around you don’t hear both sides of your call.
If you wish to hang wall art, consult with Go West. Our rule of thumb is that art must be tastefully framed; and we must do the hanging. We may ask you to remove wall art at any time.
Each suite has its own heat and AC. We do not want to mediate temperature disputes; please come to consensus among yourselves. We have posted guidance in each room regarding temperature settings for evenings and weekends, when the space is unoccupied. Please be sure to turn the temperature to the right setting when you leave for the day.
Overhead lights are LED (not fluorescent). We keep them off by default. However, if everyone within a single space prefers the overhead lights to be on, then it’s OK. We have also provided some lamps for your use. Please turn the lights off when you leave.
Go West is a place of work. Although it’s OK to bring in a dog, or child, or guest, for brief visits, it is not OK for them to distract others. Also, you may not watch TV, play videogames, etc., while here — unless doing so serves a valid work purpose and is not distracting. If the occupants of a single suite agree, you may play music aloud; however, it must not be so loud that other suites are disturbed.
Although collegiality and friendly interaction is a key appeal of coworking, Go West members are also focused on getting their work done. Therefore, although brief non-work conversations between members are OK, be sensitive to subtle verbal and non-verbal cues from your office-mates indicating that it’s time to stop talking. If you’d like to chat for longer than a minute or two, take the conversation into the hallway.
Macy’s Liquors has made a limited number of parking spaces available in their lot for Go West. You may rent these spaces through Go West. Do not park in the lot if you haven’t rented a space, and please do not allow your guests or clients to do so. If you rent a space, you must park in the farthest row from Macy’s or in the spots along the fence. Neither Macy’s nor Go West is liable for any damage to your vehicle that may happen while parked in the lot.
The kitchenette is available to all members. Do not leave dirty dishes in the sink, old food in the refrigerator, etc. — the usual rules of office kitchens everywhere.
Unfortunately, we do not currently have a recycling program at Go West. Please take recycling home with you, or deposit it in the trash. There is a convenient redemption center downstairs at Macy’s and at Roche Bros for cans & bottles with a deposit.
We have a weekly cleaning service for common areas, and each month they clean inside the suites. They will not touch your desktop, so please take it upon yourself to keep your desktop dusted and tidy. We will have office trash taken out on a fixed schedule; however, if your trash is smelly, please take it upon yourself to take out the trash. Please deposit food trash in the kitchen or hallway garbage cans.
Go West is not a retail space — you are not allowed to have customers coming and going. Clients and employees are OK, but please note they may not wait in the hallway; and they cannot park in the Macy’s lot.
Go West carries general liability insurance coverage, with coverage against loss and theft for a limited amount of member’s property. This policy carries a $1000 deductible, so loss or theft of any property valued less than that amount will not be reimbursed.
All activities must be covered by our insurance policy, a copy of which we can provide upon request. The policy covers activities defined as “basic professional office usage.”
Members may receive mail and packages at 1828 Centre St. Go West is not responsible for lost or stolen deliveries. Deliveries that arrive after your membership ends are handled like other belongings left behind (see “Belongings Left Behind” in the License Terms).
License Terms
Compliance
You agree to abide by and cause your employees, agents, guests, invitees, contractors, and subcontractors (“invitees”) to abide by this Agreement and any applicable House Rules.
Possession and Delivery
The Space is accepted by the Guest in its “as-is” “where-is” condition and configuration. If, for any reason, the Host is unable to provide use of the Space at the anticipated Start Date, you agree that the Term shall be automatically postponed until possession becomes available. Host’s failure to deliver possession of the Space shall not subject the Host to any liability for loss or damage, nor shall it affect the validity of the License. If the Host does not deliver possession of the Space within one week after the anticipated Start Date, the Guest shall have the right to cancel the License with no penalty and be entitled to a full refund of amounts paid.
Workspace Use and Access
You agree to use the Space provided to you for general office purposes only and you may not use the Space to carry out any illegal activities or use the Space (A) in violation of law or the House Rules, (B) for any purpose not covered by our general liability insurance policy, or (C) for any immoral, unlawful, or objectionable purposes. Further, you shall not use or permit the usage of any illegal drug or substance in the Space or in the Building and shall not make or permit any unreasonable or unnecessary noises or odors in or upon the Space or the Building. You shall not commit, or suffer to be committed, any waste upon the Space or any nuisance (public or private) or other act or thing of any kind or nature whatsoever that may disturb the quiet enjoyment or cause unreasonable annoyance of any other occupants in the Building.
You agree not to exceed the Maximum Occupancy of the Space.
You shall not make alterations, additions or improvements to the Space without the Host’s prior written approval. That includes painting, mounting items on walls, and installing lighting or phone or data lines. Approved work must be done professionally and must comply with applicable law and the Building owner’s requirements. When your membership ends, you must return the Space to its original condition unless the Host agrees otherwise in writing.
You shall not generate, store, install, dispose of or otherwise handle any hazardous materials in the Space, or in or around the Building, in any manner contrary to any applicable law. You shall be liable for the costs of any removal, clean-up and/or remediation of any hazardous materials released by you or your Invitees.
You agree that the Host has the right upon 30 days’ written notice, to require that you relocate to another Space in the same Building of equal or larger size and similar configuration for the remainder of the Term, provided that the Fees for such new workspace are no greater than the Fees for your current Space.
The Host or its authorized representatives may enter the Space at any time and such access rights shall not give rise to any decrease or abatement of Fees or Taxes. Unless there is an emergency, the Host will, as a matter of courtesy, try to inform you in advance when the Host needs access to the Space to carry out testing, repair or work other than routine inspection, cleaning and maintenance. Repair work shall be done solely at the discretion of Host and the failure of Host, for any reason, to furnish any maintenance or repairs shall not render Host liable to you, constitute a constructive eviction, or give rise to a refund or abatement of fees.
You shall not cause or permit any lien to be placed on the Space, the Building or the land underlying the Building. Any such lien shall be discharged by you within 10 days of you becoming aware of such lien.
Compliance with Laws and Insurance
You are responsible for making sure that your use of the Space, and anything you bring into it, display or do there, complies with all applicable laws, codes and regulations. These include fire and building codes, occupancy limits, health and safety rules, licensing rules for your business, and city rules on signs and the use of streets and sidewalks. You will obtain, at your own cost, any permit or license your business or activities require.
You must also stay within the terms of the Host’s insurance policy, a copy of which the Host will provide on request. You will not do anything in the Space or the Building that the policy excludes, that could void or limit the Host’s coverage, or that would raise its cost.
Fire Safety and Occupancy
The Maximum Occupancy is the most people who may be in the Space at any one time, counting you, your employees and your Invitees. If the fire code or the Building owner sets a lower limit, the lower limit applies. You must keep doors, hallways, stairways and exits clear. You must not block or cover sprinklers, smoke detectors, fire extinguishers, exit signs or alarms. You must not use open flames, candles, space heaters or cooking appliances in the Space without the Host’s written approval. Furniture, decorations and electrical equipment must meet the fire code. You will follow instructions from the Host, the Building owner or fire officials, including during drills and emergencies.
Building Owner’s Rules
The Host leases the Building from its owner. You will follow the owner’s rules and any requirements of the Host’s lease that the Host tells you about. You will not do anything that would put the Host in breach of its lease or raise the Host’s or the owner’s insurance costs. If the owner’s rules conflict with this Agreement or the House Rules, the owner’s rules control. Any approval the Host gives you is also subject to any approval the owner requires.
Good Care
You must take good care of and not damage, waste or make any changes to the Space or space leased or owned by the Host of which the Space is a part (the “Host Area”), or the Building. You shall not alter, add, replace, remove or damage any furnishings, equipment or other personal property located in, on or around the Space, the Shared Facilities, the Host Area or the Common Areas which is not owned by you or your Invitees (“Host Personal Property”). At the expiration or earlier termination of this Agreement, you must deliver the space and all Host Personal Property to the Host in good condition, normal wear and tear excepted. If any damage (beyond normal wear and tear) to the Space or the Host Personal Property should occur while in your care, custody or control, you agree to pay reasonable repair/replacement costs and to notify the Host immediately upon discovery of such damage occurring, but no later than 8 hours later. You are liable for any damage caused by you or your Invitees to the Space, the Shared Facilities, the Common Areas, the Host Personal Property or the Building. YOU DISCLAIM AND WAIVE ALL WARRANTIES WITH RESPECT TO THE HOST PERSONAL PROPERTY, BOTH EXPRESS AND IMPLIED, INCLUDING BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
Common Areas
If available at the Building, you may also have access to and non-exclusive use of any portions of the Building designated for common use of tenants and others (“Common Areas”), as, and to the extent, described in the House Rules. The Common Areas may be changed, relocated, altered, eliminated or otherwise modified at any time during the Term without the consent of, or notice to, Guest. Unless otherwise set forth in the House Rules, the right to parking is not provided under this Agreement.
Shared Facilities
If available at the Building, you may also have access to and non-exclusive use of any shared conference rooms, office equipment, and kitchenettes (the “Shared Facilities”) located near the Space on a first-come, first-served basis as, and to the extent, described in the House Rules. The Host may make changes to the Shared Facilities from time to time during the Term including, without limitation, removal of all or portions of the Shared Facilities without your consent or notice to you.
Keys and Security
Any keys, entry cards or door codes for the Space or the Building remain the Host’s property at all times. You shall not make any copies of them or allow anyone else to use them without the Host’s consent. The Host keeps keys and codes to all spaces, including private offices and suites, and may enter them for cleaning, maintenance and inspection. The Host may change or reissue keys and codes at any time, and deactivates them when your membership ends. Any loss of keys or entry cards must be reported to the Host immediately. You must return all keys and cards on your last day, or pay the replacement cost of $20 per key and the cost of changing locks, if required by the Host.
You shall not place any additional locks or bolts of any kind upon any of the doors or windows of the Space or Building nor make any changes to existing locks or the mechanisms thereof.
Name and Address
You may only conduct business in your name. You shall not put up any sign, banner or display visible from outside the Space without the Host’s prior written approval. Signs visible from outside the Building, including on windows, the Building exterior, the sidewalk or the street, are not allowed, with one exception: with the Host’s written approval, your branding may appear on the Building’s exterior glass door. The Host manages that sign. You supply your branding, and the Host has the sign produced and fixes it to the door. You pay the cost of producing the sign. The Host removes it when your membership ends, or sooner if the Building owner or the City requires it.
Mail and Packages
Mail and packages may not be delivered to you at the Space or Building unless permitted by the House Rules. The postal services may be subject to additional federal, state, and local requirements.
Conduct
You acknowledge that the Host is and will continue to be an equal opportunity employer and that the Host prohibits any form of discrimination in employment, against any of its employees (whether by its employees, its clients, including you, or others), including, on the basis of race, color, creed, religion, age, gender, marital status, sexual orientation, national origin, or disability, or other characteristics protected by law. In recognition of this policy, you and your officers, directors, employees, shareholders, partners, agents, representatives, contractors, customers, or invitees shall be prohibited from participating in any type of harassing or abusive behavior to employees of the Host or its affiliates, other clients or invitees, verbal or physical in the Building for any reason. You further agree, upon the request of the Host, to cooperate with the Host in its efforts to enforce and maintain its equal employment opportunity, non-discrimination and anti-harassment policies. The Host may immediately terminate this Agreement without cost or penalty if Guest or any of Guest’s Invitees engage in any behavior that the Host deems is contrary to such policies.
Confidentiality
Both Host and Guest agree that during the Term and thereafter, the recipient of any non-public information of the other party that is designated as confidential or proprietary, that the receiving party knew or reasonably should have known was confidential or proprietary, or that derives independent value from not being generally known to the public (“Confidential Information”), will not at any time be disclosed to any person by such recipient or used for such recipient’s own benefit or the benefit of anyone else without the prior express written consent of a corporate officer of the party that owns such Confidential Information. The parties agree that if there is a breach of this obligation by either party, the other shall have the right to request any remedy in law and/or equity including, but not limited to, appropriate injunctive relief or specific performance, as may be granted by a court of competent jurisdiction. Notwithstanding the foregoing, Guest accepts all risk to its intellectual property interests used in the Space, neither Host nor its applicable landlord shall have any liability arising from, your disclosure (whether intentional or not) of any of your Confidential Information to any third parties present in or around the Space or the Shared Facilities.
Non-Solicitation
Neither Host nor Guest nor their respective employees and agents shall knowingly solicit, recruit, hire or otherwise employ or retain the employees of the other during the Term and for 90 days following its termination or expiration without the prior written consent of the other party. Either party may solicit or recruit generally in the media. Either party may hire, without prior written consent, the other party’s employee who answers any advertisement or who voluntarily applies for hire without having been personally solicited or recruited by the hiring party.
Damages and Insurance
You are responsible for any damage you cause to the Space or any Host Personal Property beyond normal wear and tear. The Host has the right to inspect the condition of the Space from time to time and make any necessary repairs. You are responsible for arranging insurance for your personal property against all risks and for your liability to and for your employees and Invitees. You have the risk of damage, loss, theft or misappropriation with respect to any of your personal property and liability to and for your employees and Invitees. You agree, as a material part of the consideration to be rendered to the Host under this Agreement, to waive any right of recovery against the Host, its directors, officers, employees and its applicable landlord for any damage, loss, theft or misappropriation of your property under your control and any liability to and for your employees and Invitees, including for injuries to you or your Invitees in or about the Space, and you agree to hold the Host exempt and harmless and defend the Host and its landlord, if applicable, from and against any damage and injury to any such person or to such property, to the extent arising from your use of the Space or from your failure to keep the premises in good condition and repair as provided in this Agreement. All property in your Space is understood to be under your control.
Payment
During the Term, you shall pay the Fees, Deposit, and Taxes to the Host.
Upon the Agreement Date, the following are due and payable by the Guest (the “Initial Payment”):
the Monthly Charge for the first month of the Term,
the Setup Charge,
the Deposit,
any applicable Taxes.
For each following month of the Term, the Monthly Charge and any applicable Taxes are billed in advance on the billing day shown in the Membership Details (normally the day of the month your membership started) and are due on that day.
If any payment due to Host is not received within 5 days of the due date, the Host may, at the Host’s discretion, terminate this Agreement without cost or penalty to Host. All remaining Fees and Taxes for the remainder of the Term are immediately due and payable by the Guest.
Payment Method
You will keep a valid payment method (credit card, debit card or bank account) on file with the Host for the whole Term. You authorize the Host and its payment processor to charge that payment method for the Fees, Taxes and any other amounts due under this Agreement on or after their due date, including amounts due after this Agreement ends. The Host will send an invoice or receipt for each charge. If a charge fails, you will provide a working payment method within 5 days of the Host’s notice. You can update your payment method at any time through the Host’s billing portal. If the Host agrees in writing that you may pay by check or cash instead, you must still keep a payment method on file, and the Host will charge it only for amounts more than 10 days past due, after emailing you.
Late Fee
If any amount is more than 5 days late, the Host may charge a late fee of $25 or 5% of the late amount, whichever is greater, once per late invoice.
Billing Disputes
If you believe a charge is wrong, tell the Host in writing within 30 days of the invoice. The Host will review it and reply within 10 days. You must pay any part of the invoice you are not disputing by its due date. If you dispute a charge with your card issuer or bank without first contacting the Host, the amount remains owed, along with any dispute fee the Host is charged.
Suspension
If any amount is more than 10 days past due, the Host may, after emailing you, suspend your access to the Space and the Building until the balance is paid. Fees continue during suspension. Your belongings stay where they are, and you may collect them by appointment.
Cancellation
All Fees and Taxes paid by Guests are non-refundable, except as expressly stated in this Agreement.
The Host may cancel this Agreement on at least sixty (60) days’ notice if a contract has been entered into for the sale of the Building.
The Host shall not cancel this Agreement except as provided in this Agreement.
Flexible Cancellation Terms
You may cancel this Agreement within one day of the Agreement Date or at least 30 days before the Start Date and receive a full refund of the Initial Payment.
If you choose to cancel after the Agreement Date plus one day, but less than 30 days before the Start Date, 50% of the Fees and Taxes will be refunded, but you are no longer obligated to pay the remaining Fees and Taxes for the Minimum Term. The Deposit will be fully refunded, if you cancel before the Start Date.
After the Start Date, if you cancel the License before the Minimum Term, (a) no refund is available for the then-current calendar month and the next full calendar month and (b) 50% of the remaining unpaid Fees and taxes for the Minimum Term are immediately due and payable unless a default has occurred and is continuing, in which case, 100% of all remaining Fees and Taxes for the remainder of the Term are immediately due and payable by the Guest.
Deposit
The Deposit will be held during the Term as security for the performance by you of all of your obligations under this Agreement. The Host may apply any portion of the Deposit to amounts owed to the Host for (A) any damage to the Host Personal Property, the Space, the Host Area, the Shared Facilities, or the Building, (B) any overdue Fees or Taxes and/or (C) amounts Host may incur for any losses or costs arising out of your default under this Agreement (including any damage or deficiency arising in connection with the relicensing of the Space), in each case solely at the discretion of the Host. If, upon the expiration or earlier termination of this Agreement, you have fully complied with all terms of this Agreement and the House Rules, remitted all amounts due and payable, and surrendered the Space and all keys, access cards, building passes and all other property provided to you by the Host (including the Host Personal Property), the Deposit shall be returned to you within 60 days after the expiration or earlier termination of the Term, less any amounts applied as described above. The Host shall not be required to maintain the Deposit in a separate account. No interest will be paid on the Deposit except as may be required by law. If any portion of the Deposit is so used or applied by the Host during the Term, then within 5 days after Host gives written notice to you, you shall deposit with the Host cash in an amount sufficient to restore the Deposit to the original amount. Failure to do so will constitute a default under this Agreement.
Renewal
If an End Date is specified, the License will terminate on the End Date with no automatic renewal.
If no End Date is specified, Licenses shall automatically renew after the Minimum Term for additional one-month periods unless you give the Host notice at least as long as the notice period shown in the Membership Details (30 days if none is shown) before the end of the then-current Term. If your notice arrives late, the License renews for one more month and you owe that month’s full Monthly Charge.
If the Host opts to to change the Monthly Charge upon renewal, the Host will provide at least 60 days notice. There will be no additional Setup Charge for Licenses that renew.
Default
You shall be considered in default of this License if (A) you fail to pay when due all or any portion of the Fees or Taxes, if the failure continues for 5 days after notice to you, which notice shall be in satisfaction of and not in addition to any notice required by law (B) you fail to comply with any term of this Agreement, if the failure is not cured within 10 days after notice to you, or (C) you attempt to sublicense, assign or otherwise transfer any interest in this Agreement without Host’s prior written consent. Upon any default, the Host shall have the right without notice to terminate this Agreement, in which case you shall immediately surrender the Space and the Host Personal Property to the Host. If you fail to surrender the Space and/or the Host Personal Property, the Host may, in compliance with applicable law and without prejudice to any other right or remedy, enter upon and take possession of the Space and the Host Personal Property and you shall be liable for all past due Fees and Taxes, all Fees and Taxes due for the remainder of the Term, all costs incurred by Host to retake possession of the Space and Host’s Personal Property, and other losses and damages which Host may suffer as a result of Guest’s default. In addition to the right to terminate this Agreement and collect damages, Host shall have the right to pursue any other remedy now or hereafter available at law or in equity.
Indemnity
Except to the extent caused by the negligence or willful misconduct of the indemnified party or such party’s officers, directors, employees, representatives, contractors and agents, you agree to indemnify, defend and hold the Host, its landlord, if applicable, and any mortgagee harmless from and against any loss, liability, claim, demand, damages, costs and expenses, including reasonable attorneys’ fees, arising out of or in connection with your and your Invitees’ use of a Space, Common Areas or Shared Facilities, or any violation of applicable law, this Agreement or House Rules. Nothing contained in this Agreement shall be construed to create privity of estate or of contract between you and Host’s landlord, if applicable.
Disclaimer
EXCEPT AS PROVIDED HEREIN AND IN ANY HOUSE RULES, THE HOST IS PROVIDING ITS SPACE TO THE GUEST “AS IS,“AND HOST DISCLAIMS ANY AND ALL OTHER REPRESENTATIONS AND WARRANTIES WITH RESPECT TO THE SPACE, WHETHER EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. HOST CANNOT AND DOES NOT GUARANTEE AND DOES NOT PROMISE TO GUEST, ANY SPECIFIC RESULTS FROM USE OF THE SPACE. HOST DOES NOT REPRESENT OR WARRANT THAT THE SPACE WILL MEET YOUR REQUIREMENTS; THAT THE SPACE MEETS APPLICABLE LEGAL STANDARDS OR IS SAFE AND SUITABLE FOR YOUR INTENDED USE.
Liability
IN NO EVENT WILL HOST OR ITS LANDLORD OR THEIR RESPECTIVE DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES OR SUPPLIERS BE LIABLE TO GUEST, OR ANY PARTY CLAIMING THROUGH GUEST FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING FOR ANY LOST PROFITS, LOST DATA, PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, ARISING FROM THE GUEST’S USE OF THE SPACE, ANY CONTENT OR OTHER MATERIALS ON, ACCESSED THROUGH OR DOWNLOADED FROM THE HOST SERVICE, OR GUEST’S USE OF THE SPACE, EVEN IF THE HOST IS AWARE OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, HOST’S LIABILITY TO GUEST OR ANY PARTY CLAIMING THROUGH GUEST, FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, IS LIMITED TO THE AMOUNT PAID FOR THE SPACE, IN THE 12 MONTHS PRIOR TO THE INITIAL ACTION GIVING RISE TO LIABILITY. THIS IS AN AGGREGATE LIMIT. THE EXISTENCE OF MORE THAN ONE CLAIM HEREUNDER WILL NOT INCREASE THIS LIMIT.
Suspension of Services
The Host may by notice suspend the provision of services (including access to the Space) for reasons of political unrest, strikes, terrorism, Acts of God or other events beyond the Host’s or the Host’s landlord’s reasonable control. This Agreement shall automatically terminate if the Space is rendered unusable as a result of a fire, other casualty or a condemnation. As between Host and Guest, all proceeds of any condemnation award shall belong to Host and all insurance proceeds of Host shall be retained by and belong to Host. The Host may also suspend the provision of services (including access to the Space) in the event the Space or the Building is being renovated or repaired, in which event you will be relocated to another space within the building, or if necessary, to another building, all at the Host’s reasonable cost.
Sublicensing
You may not sublicense, assign, transfer any interest in this Agreement or allow any third party to use any portion of the Space, the Shared Facilities or the Common Areas without Host’s prior consent. Any such sublicense shall be on the same form as this Agreement.
No Lease
YOU ACKNOWLEDGE THAT THIS AGREEMENT IS NOT A LEASE OR ANY OTHER INTEREST IN REAL PROPERTY. IT IS A CONTRACTUAL ARRANGEMENT THAT CREATES A REVOCABLE LICENSE. The parties do not intend to create a lease or any other interest in real property for the benefit of Guest through this Agreement. The Host retains legal possession and control of the Space assigned to Guest. The Host’s obligation to provide space and services to Guest is subject, in all respects, to the terms of the Host’s lease with the Host’s landlord, if applicable. This Agreement and the License granted hereunder shall terminate simultaneously with the termination of the Host’s master lease or the termination of the operation of the Host Area for any reason at no cost or penalty to Host. You do not have any rights under the Host’s lease with its landlord, if applicable. When this Agreement expires or is earlier terminated, your License to occupy the Space shall automatically be revoked. You agree to remove your personal property and leave the Space as of the date of such expiration or termination. The Host is not responsible for your personal property left in the Space after expiration or termination.
Belongings Left Behind
You must remove your belongings by your last day. If you don’t, the Host will email you, and you will have 14 days to collect them by appointment. After that, the Host may keep, donate or dispose of them without liability to you, and may charge you the reasonable cost of removal.
No Broker
You represent that you have dealt with no broker in connection with this Agreement. You agree to indemnify, defend and hold the Host harmless from any claims of any brokers claiming to have represented you in connection with this Agreement.
Subordination
This Agreement and any applicable House Rules are subordinate to any underlying lease, mortgage, deed of trust, ground lease or other lien now or subsequently arising upon the Space or the Building and to renewals, modifications, refinancings and extensions thereof including the Host’s lease with the Host’s landlord and to any other agreements to which the Host’s lease is subordinate.
Holding Over
If you or your belongings remain in the Space after this Agreement ends (other than during the 14-day collection period under “Belongings Left Behind”), you will pay 1.5 times the daily equivalent of your Monthly Charge for each day, and the Host may remove your access and your belongings as described above. This Section survives the end of this Agreement.
Resolving Disputes
Before either party files a claim against the other, that party must send the other a written description of the problem and allow 10 days to try to resolve it. Either party may bring a claim in small claims court.
Miscellaneous
All demands, approvals, consents and notices shall be sent by certified mail or electronic mail to the Host at the email or address in the Definitions, and to you at the email address you used to accept this Agreement, or any newer email address you give the Host. This Agreement shall be interpreted and enforced in accordance with the laws of the state or commonwealth in which the Building is located. If either party institutes a suit against the other for violation of or to enforce this Agreement, the prevailing party shall be entitled to all of its costs and expenses, including, without limitation, reasonable attorneys’ fees. Host and Guest hereby waive any right to trial by jury in any proceeding based upon a breach of this Agreement to the fullest extent permitted by applicable law. This Agreement may not be modified, amended or terminated, and Guest’s obligations hereunder shall in no way be discharged, except as expressly provided in this Agreement or by written instrument executed by the parties. If any term, covenant or condition of this Agreement or any application thereof shall be invalid or unenforceable, the remainder of this Agreement and any other application of such term, covenant or condition shall not be affected. This Agreement shall be construed without regard to any presumption or other rule requiring construction against the party causing this Agreement to be drafted. Neither Host nor Guest shall have the right to record this License or any memorandum thereof.