Legal Agreement: Terms of Service
TERMS OF SERVICE
These terms of service (these “Terms” or this “Agreement”) apply to your use of the services provided by Sidecar, LLC, a Montana limited liability company (“Sidecar”). Contingent on the membership level selected, you (“you”, or the “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 Sidecar (the “Membership”).
If at any time the Member fails to pay any amount due for the Membership within 5 calendar days of the due date, Sidecar may immediately and without any further notice terminate the Membership, including cancellation of rights of access to Sidecar property.
The Member will remain responsible for all payments due hereunder. If the Membership is terminated and the Member does not remove all belongings and property by the end of the month in which the Member canceled their Membership, or immediately in the case of an earlier termination, then Sidecar shall be authorized to collect any materials belonging to the Member and place them in a box for the Member to pick up. The box may be disposed of after 30 days if not picked up. Any costs of enforcement, collection, and disposal, including attorney’s fees, will be the responsibility of the Member.
The cost of repairing any damage other than wear from ordinary use may be charged and deducted from any monthly payment by the Member, in which case the Member must reimburse Sidecar immediately for any resulting deficiency in order for the Membership to continue. The Member is responsible for obtaining their own renter’s insurance to cover their personal items left in the space.
PAYMENT AND BILLING
Payment Methods: Sidecar utilizes a software called Proximity for Membership management, billing, and payments. Proximity will automatically charge the Member to the payment method provided by the Member on the 1st of each month. The Member must either provide a credit card (which will include a 2% transaction fee) or bank account information (no transaction fee). No offline payments are accepted. If the Membership begins on a date other than the 1st of the month, the first month’s Membership fee will be prorated appropriately. You will receive email notifications from Proximity regarding billing and Membership renewal. These Terms, the Member’s billing information, and Membership history can be viewed at any time through Proximity. Proximity and Stripe (payment processing platform) receive the payment information, not Sidecar. Members will be required to accept the Terms and Conditions of Proximity in addition to this agreement.
Holding deposits: Sidecar will require a deposit equal to one month’s Membership fee to hold the Membership for a future start date. Deposits are non-refundable within 60 days of the Membership start date. If the Member wishes to withdraw the Membership more than 60 days prior to the Membership start date, the Member’s deposit will be refunded and the Membership forfeited. New Memberships may be reserved up to 30 days in advance of Membership start date, except in the case of pre-booking for a new location which may be reserved up to 6 months in advance. When the Membership begins, holding deposits will be applied as a credit to the first month’s Membership payment and the Membership commitment begins.
Pausing Memberships: Sidecar does not allow pausing of Memberships. If outside the initial commitment period, Members may cancel their Membership and reactivate at a later date based upon availability.
Purchasing of Additional Memberships: Dedicated Desk and Shared Workspace Memberships are single-person Memberships. Dedicated Desk Members may purchase an additional Shared Workspace Membership for their immediate family member or coworker (the same company) at 40% off the listed price. This enables the additional Shared Workspace Member to utilize the dedicated desk when the other Member is away and allow for some overlap of both Members. If the overlap becomes more than occasional (more than 1x per week), the Shared Workspace Membership must be converted to a traditional Membership without a discount.
Cancellation: Members may cancel the Membership at any time by providing notice to email@example.com. 15 days notice is required to cancel Shared Workspace Memberships, and 30 days notice is required to cancel all other Memberships.The Member will be billed monthly for the full amount of their initial Membership commitment (the “Membership Commitment”) regardless of cancellation date. For example, if the Member signs up for a Private Office with a 6-month Membership Commitment and cancels after two months, the Member will continue to be billed monthly for the full six months. If the Member cancels the Membership while on a month-to-month Membership, the Member will be billed for the full month following such cancellation. For example, if the Member cancels the Membership on March 20, the Member will be billed for the entire month of April. Unless otherwise agreed upon in writing, the duration of Membership Commitments are as follows:
- Private Office: 6-month Membership Commitment, continuing on a month-to-month basis thereafter (the “Private Office”).
- Dedicated Desk: 3-month Membership Commitment, continuing on a month-to-month basis thereafter (the “Dedicated Desk”).
- Shared Workspace: 1 month Membership Commitment, continuing on a month-to-month basis thereafter (the “Shared Workspace” includes 24/7 and Night Owl).
- Friends of the Sidecar: 3-month Membership commitment, continuing on a month-to-month basis thereafter. (“the Friends of the Sidecar”)
The Membership Commitment begins on the start date of the Membership, not the date of reservation or deposit.
Following cancellation, the Member’s door code will be deactivated and keys must be returned. Members will be removed from the Sidecar Slack channel but will remain on the Sidecar mailing list unless otherwise requested. Any personal belongings that the Member does not take with them will become the property of Sidecar 30 days from the date of cancellation. Private offices that have been painted or otherwise altered must be returned to their original state (including painted back to the original color) by a professional at the expense of the Member.
Annual Membership Fee Increase: Sidecar reserves the right to increase the Membership fee by providing 30 days written notice delivered in person or via email to the Member. Sidecar will increase the Membership fee automatically for all Membership types (unless prepaid), without additional notice to the Member, by 5% on January 1st of each year. In a rare occurrence, if a price increase is initiated outside of or in addition to the automatic January 1st increase, Members still in their commitment period will be given the option to cancel their memberships within seven days of the increase notice. If the Member has any questions regarding their Membership fee, they can reach out to Member Support at firstname.lastname@example.org.
Access: The Dedicated Desk, the Private Office, and 24/7 Shared Workspace Memberships may be utilized by the Member 24 hours a day, 7 days a week. No Member support is available outside of regular business hours. The Shared Workspace Memberships can be utilized by the Member between the hours of 8:00 am - 5:00 pm, Monday through Friday. Events may occur in the workspace outside of normal business hours. Members with 24/7 access may still utilize the space during events, but should be prepared for increased noise and activity.
Every Member will be assigned a door code that will provide access to the building according to their Membership terms. Door codes are for the individual Member’s use only and may never be shared.
Sidecar Nomad Policy: All active Sidecar Members are permitted to utilize the Shared Workspaces at other Sidecar locations during normal business hours (Monday-Friday, 8-5). Members should let the community managers of other locations know to expect them by posting in the location’s general Slack channel. Sidecar reserves the right to revoke Nomad access if abused by the Member.
Acceptance of Terms: By signing this Agreement, you acknowledge that you have read, understood, and agreed the Terms. These Terms 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 Terms could mean being removed from the Sidecar community as an event attendee, coworking Member, community organizer, mentor, investor, guest or staff.
Advice: Sidecar is meant to be a collaborative workspace. Understand that any and all advice you may receive from other Members, 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.
Amendment: This Agreement may only be amended, modified, or supplemented by an agreement in writing signed by Sidecar and the Member. No waiver by Sidecar of any provision shall be effective unless explicitly set forth in writing and signed by Sidecar.
Assignment: You will not assign any of your rights or delegate any of your obligations under these Terms without Sidecar’s prior written consent. Any purported assignment or delegation in violation of this Section is null and void. No assignment or delegation relieves you of any of your obligations under these Terms.
Cleanliness: 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 spaces, including on personal desks, is not acceptable. Dishes and liquids are to be bussed by the Member and placed in the dishwasher. If the dishwasher is not available, Members must hand wash their dishes. Members are expected to clean up after themselves (spills, mud, dirt, etc.) throughout the premises.
Confidentiality: You acknowledge and agree that during your participation in and use of Sidecar you may be exposed to Confidential Information of either Sidecar or its affiliates/other Members. “Confidential Information” shall mean all information, in whole or in part, that is disclosed by Sidecar or its affiliates. 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 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 Sidecar or any Member/user of the services.
All Confidential Information remains the sole and exclusive property of Sidecar or the respective disclosing party. You acknowledge and agree that nothing in this Agreement or your participation or use of Sidecar will be construed as granting any rights to you, by license or otherwise, in or to any Confidential Information, or any patent, copyright, trademark or other intellectual property or proprietary rights of Sidecar or any Member/user of the Membership.
Community Managers: Community Managers are there to keep the space running smoothly and answer questions, give tours, and provide support as needed. Our Community Managers are not full-time employees of Sidecar and may not always be available. Please reach out via Slack with questions prior to approaching them at their desks when possible.
Crypto Mining: Data Mining, including but not limited to crypto mining, is strictly prohibited at all Sidecar locations. Any violation of this section shall constitute a material breach of this Agreement.
Environment: Sidecar is a shared professional working environment. Phone calls and conversations are 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 or phone call to one of the phone booths or meeting rooms. Devices should be in silent mode and should not be used on speaker phones. If someone has headphones in, please send them a digital message prior to bothering in person as interruption may disrupt their workflow. Members are expected to clean up after themselves (see Cleanliness section).
First Come, First Serve: Dedicated Desks and Private Offices are the only guaranteed seats. 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. If a Member leaves their shared workspace for more than one hour, they must clear their items so others may utilize the space while they are away.
Governing Law: All matters arising out of or relating to these Terms are governed by and construed in accordance with the internal laws of the State of Montana without giving effect to any choice or conflict of law provision or rule (whether of the State of Montana or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than those of the State of Montana.
Guests: Guests are welcome to come and meet with members, but it is required that all guests are accompanied by the Member at all times and never given door codes or keys to the building or private offices. The inviting/hosting Member is 100% responsible for their guests’ actions at all times and is responsible for ensuring their actions are in correspondence with this Agreement. If this policy is abused, Sidecar reserves the right to suspend after hours privileges and/or forbid guests from being in the space. Guests who will be utilizing the workspace outside of a scheduled meeting with a Member must purchase a day pass. Day passes are only available for purchase by Private Office Members, Dedicated Desk Members, and Shared Workspace Members. Day passes can be purchased by emailing email@example.com. Sidecar is a professional workspace and it is asked that Members are respectful of those working when hosting guests. If hosting an event, it is expected that the Member return the premises to its original state upon completion of the event. Consumable resources are to be provided by the hosting Member.
Harassment: Sidecar is 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 the Member engages in harassing behavior, Sidecar retains the right to take any actions it deems appropriate to keep 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, canceling the Member’s Membership immediately, or, if necessary, calling the police.
Internet Use: All paid and active Sidecar Memberships include internet access. Upon termination of Membership, the Member may no longer use Sidecar’s network(s). It is the sole responsibility of the Member to take appropriate precautions to protect against damage and destruction of hardware, software, files, and data. Websites visited or data received through Sidecar’s internet service may contain viruses, malware, etc. The Sidecar provides basic internet and network security layers per Internet Service Providers (ISPs) or specific hardware in use. Any extended security measures are the Member’s responsibility. Sidecar may, but is not required to, suspend or terminate the availability of internet service if a virus is found to be present on any Member’s computer or in any communications sent or received through the Sidecar’s internet service.
Liability: In consideration for receiving permission to use the space, you release, waive, discharge, and agree to indemnify and hold harmless 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.
Limitation of Liability: In no event shall Sidecar be liable to the Member or to any third party for any loss of use, revenue or profit or loss of data or diminution in value, or for any consequential, incidental, indirect, exemplary, special, or punitive damages whether arising out of breach of contract, tort (including negligence), or otherwise, regardless of whether such damages were foreseeable and whether or not we have been advised of the possibility of such damages, and notwithstanding the failure of any agreed or other remedy of its essential purpose.
In no event shall Sidecar have aggregate liability arising out of or related to this agreement, whether arising out of or related to breach of contract, tort (including negligence) or otherwise, exceeding the aggregate amounts paid or payable to sidecar pursuant to this agreement and the Member’s Membership.
Mail: Private Office Members and Dedicated Desk Members are allowed to use their primary Sidecar location as a mailing address. Sidecar does not provide mail services and Members are expected to collect their own mail from the community mailbox. Upon termination of Membership, Sidecar will no longer accept said Members mail.
Media: Each Member acknowledges and agrees that in connection with such Member’s use of the Sidecar facilities, Sidecar may obtain photos and videos of such Member for use in Sidecar marketing materials. Each Member grants Sidecar permission to use such images and videos both during and after such Member’s Membership Commitment. Members may not post images or videos that include other Sidecar Members unless prior consent is provided. If a Member would like to opt out of the Media release, they can notify support at firstname.lastname@example.org.
Member Registry: The Member registry is maintained by Sidecar via Proximity’s Member Directory (the “Member Registry”). When creating their Proximity profile, the Member 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. Sidecar may maintain Member registries outside of Proximity for internal administrative use only.
Parking: If provided, Sidecar’s private parking is permitted only while the Member is utilizing the Sidecar location. No overnight parking is allowed.
Pets: Sidecar does not allow pets in the general coworking area; however, an individual with a disability may request reasonable accommodation under the Americans with Disabilities Act to bring a service animal to work when medically necessary. Private Office Members may bring in well behaved dogs as long as they are contained within their own office. Any damages caused by a pet will be the responsibility of the Member.
Printing & Supplies: Use of the printer/copier are available only for the Member. Sidecar stocks regular letter-sized printer paper and toner for general office printing. Members should utilize an external printing service for large print jobs (hundreds of pages, booklets, brochures, etc.). Some office supplies (post-its, pens, binder clips) may be found in the printer area and are there as a courtesy for when a Member occasionally needs something, but are not guaranteed to be available at all times.
Refreshments: Coffee, water and beer are complimentary with Membership. Refreshments are for the Members use only, not for guests of Members. Refreshments must be consumed on Sidecar premises. 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.
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.
Reservable resources are available by Membership type.
- PRIVATE OFFICE
- Phone Booths
- Huddle Rooms
- Large Conference Rooms
- Guests may attend meetings
- DEDICATED DESK
- Phone Booths
- Huddle Rooms
- Large Conference Rooms
- Guests may attend meetings
- SHARED WORKSPACE (includes 24/7 and Shared Workspace Memberships)
- Phone Booths
- Huddle Rooms
- Guests may attend meetings
- Large Conference Rooms may be available for an additional fee. Contact your local Community Manager for location specific details.
- FRIENDS OF THE SIDECAR
- Phone Booths
- Huddle Rooms
- No guests allowed for meetings
- Night Owl and Temporary Memberships (2 Week Memberships, Day Passes, etc.)
- Phone Booths
- Huddle Rooms
- No guests allowed for meetings.
Meeting rooms and phone booths are available for meetings, phone calls, web meetings, etc. Reservable Resources are meant to be used when necessary for meetings or calls and should not be utilized as a standalone workspace. 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 served. Sidecar reserves the right to limit use of meeting rooms and phone booths if they are abused by the Member. Abuse includes but is not limited to excessive utilization, failure to clean up the room after use, or damage to the property.
Severability: If any provision of these Terms is invalid, illegal, void or unenforceable, then that provision will be deemed severed from these Terms and will not affect the validity or enforceability of the remaining provisions of these Terms.
Slack: Members will receive an invitation to the Sidecar slack channel shortly after joining Sidecar. Slack is utilized as the main form of communication between Sidecar and Members. Essential communications and billing information will be sent via email. Members should communicate with kindness and respect on all of Sidecar’s communication platforms. All harassment policies outlined in this agreement apply to online communications such as Slack and email. Sidecar management reserves the right to remove messages from channels. Slack may not be utilized for solicitation.
Storage: Sidecar does not provide any storage space for Members. Members are expected to store belongings in their designated area, whether in their private office or at their dedicated desk. Dedicated Desk Members may add a file cabinet or similar storage cabinet under their desks. Further furnishings are not allowed (room dividers, book shelves, etc.).
Subletting: The Membership is for your individual use only and may not be shared with or sublet to another individual or company without written consent from Sidecar.
No Waivers: The failure by Sidecar to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any right or provision will be effective only if in writing and signed by a duly authorized representative of Sidecar.
No Third-Party Beneficiaries: These Terms do not and are not intended to confer any rights or remedies upon any person other than you.
To You. We may provide any notice to you under these Terms by: (i) sending a message to the email address you provide. Notices sent by email will be effective when we send the email (with no “bounce-back”). It is your responsibility to keep your email address current.
To Sidecar. To give Sidecar notice under these Terms, you must contact Sidecar as follows: (i) by email by sending an email to email@example.com. Notices provided by email (with no “bounce-back”) will be effective immediately.