TERMS OF SERVICE
Amenities
24/7 Access - The Link in Old Town members holding a Flex Unlimited Plan, Dedicated Desk, or Private office have 24/7 use of the facilities. This means you get to pick the hours you can work. The doors are unlocked and open to the public and staffed from 8:00am - 5:00pm Monday thru Friday, but with 24/7 access this won't limit your schedule. Whether you are an early riser or more productive in the evenings, The Link in Old Town can work with your schedule.
The Parking Lot - The Link offers 15 parking spaces onsite as well as free street parking in the surrounding area. For the onsite parking, all spaces are first come first serve, and cannot be reserved under any circumstance. We understand that parking in Alexandria can be tricky and we are one of the only coworking spaces that offers free parking. Because of this we ask that you do not leave your vehicle for any more hours than you are here at The Link in order to ensure everyone is able to get parking when it is available. We understand that situations do happen and you may need to leave your vehicle in the lot longer than expected, if this is the case please get it cleared through The Link staff.
The Gym @ The Link - The HITT equipped and outdoor workout areas at the gym are some of our most popular attractions. The gym is available to members 24/7, 365 days a year. This gym is a great space to get your morning workout done, some midday stretching, or an afternoon sauna session to help you relax. The gym includes many spaces and amenities on its own, please see below.
HITT equipment - Barbells, dumbbells, kettlebells, cardio equipment, and so much more. This gym is a great space to get your workout done any time of day. During the day there will likely be some training sessions going on in the gym but please feel free to use the space in cohesion with them. It is also a great place to get to know some of the new members. We do ask that you be sure to notify The Link staff if equipment breaks during use so we can get it fixed as soon as possible. Please be mindful of others sharing the space with you and lift safely.
Outdoor gym - The outdoor portion of the gym is great for yoga, calisthenics, and stretching. When there are classes held in the outdoor gym, they have exclusive access to this space. When there are no classes feel free to use the space as you would please. We do ask that users of the mat area keep shoes and water off of the mats to promote longevity. Please be sure to follow Alexandria noise compliance between 11:00pm and 7:00am when using any outdoor spaces or equipment.
The Sauna - Who doesn’t like a sauna session!? Our sauna is a great place to unwind after a long day's work or a hard workout. This sauna is capable of getting up to 230℉, so please only set the sauna to a temperature you feel comfortable at, and do not push yourself past your limits. Please be sure to read the sauna instructions and rules before entering the sauna and drink plenty of water!
Ice Baths - Sometimes you need a place to chill! Our ice baths are great for promoting relaxation and recovery of your muscles and mind. Health is very important to us at The Link. Use of the ice baths is a great way to reset your body. Please have The Link staff help you set up the ice bath pump if you are unfamiliar with it, and cleaning the tub after use for the next person is common courtesy.
Shower facilities - We have one outdoor shower at The Link and 2 indoor ADA compliant showers as well. Please feel free to use these as needed. If the shower is in need of service or restocking please notify The Link staff.
Spaces - The Link in Old Town has many different types of spaces available for your use, some are bookable and some are first come first serve. Please be respectful of people in use of the spaces, and of the spaces themselves.
The Large Conference Room - At The Link, we offer a few different conference spaces. Our largest space is the Large Conference Room located on the east side of the building with the large glass windows. The space is equipped to accommodate 20 people at the table when set up boardroom style and room for 7 more seats around the outside of the table making 27 seats in the room total. The Smart TV located inside the room is equipped with a camera from LogiTech that is great for zoom meetings. The camera can see and hear the whole room making sure everyone is a part of the conversation. The AV equipment is all set up to accommodate Mac and PC type computers and is airplay equipped. Also this room is available to be broken down into a classroom seating style, with 6 tables being separated and 3 chairs at each table; accommodating 18 people. There is a podium that can be set at the front of the room for the speaker and room for 4 more chairs up front for people waiting to speak. Members get a discounted booking rate as well!
The Huddle Room - Not all meetings are huge, some of the most productive meetings are a few people who are working directly on a project. This is why The Link has both large and small conference rooms available for rent. The Huddle room is great for groups of 6 or less people. It is a very intimate space where everyone's ideas can be heard and problems can be tackled head on. The room is available for bookings at a discounted rate for members.
The Phone Booths - The phone booths at The Link are great for your zoom meetings and phone calls throughout the day. Although they are first come first serve we do ask that members never take more than an hour at a time, to ensure everyone can get their use of the space. If you need the room for longer please ask The Link staff if it is acceptable to do so. The phone booths are a free membership perk!
The Patio and outdoor spaces - The Link offers several outdoor spaces so you can enjoy the weather while still being the most productive version of yourself. These outdoor patio spaces offer great privacy on slower days, but they are a shared space and anyone who is a member is invited to use them. Please make sure to take all trash back with you so we are not making a mess in our outdoor spaces, and also be sure to wear sunscreen!
Community Spaces/Flex Space - The large tables, booths, and soft seating areas are available to all members and if you are a Flex plan user you will become very comfortable in these areas. Although oftentimes people like to use the same spaces, they are first come first serve and it is best to try different areas out in order to get the most out of your Link experience, as well as meet new people! The shared spaces are great for getting work done on your laptop or as collaborative spaces. We do ask that you are mindful of your volume to ensure everyone is able to get the most productivity out of these spaces. Please feel free to use the main room or even the room with the cafe (near the management desk), and always feel free to talk to anyone who is open to conversation, including staff, but also be mindful of other people's work.
Kitchenette - Free snacks, coffee, and tea; what could be better?! The Kitchenette is a very important location at The Link. We offer free snacks for members when you need a little something to push through, and free coffee and tea service for those days where you need a push to get through. On the top right portion of the refrigerator there is creamer available for members purchased by The Link and feel free to put your lunch in the refrigerator if necessary as well! Please be sure to not leave items in the fridge so we do not have to worry about throwing away others belongings. Our drip coffee is purchased through Hypergoat Coffee Roasters, the same people as the Hypergoat Cafe and it is delicious! If we are running low on creamer or tea or anything else please be sure to notify The Link staff.
Hypergoat Cafe - Our newest addition to The Link in Old Town is the wonderful Hypergoat Cafe. Ran by Deborah and Rodrigo, as well as their staff, it is a great place to go and grab yourself lunch, or if you need a little more than a standard coffee. The Cafe is a part of The Link and we encourage members to use it and get to know the staff there. It is also open to the public, so we ask that members who are using the cafe are not taking up all the seating for extended periods of time in order to ensure that everyone gets a chance to enjoy what the cafe brings to the space.
Happy Hours/Member Events - Our member events are hosted several times per month, which includes happy hours, waffle Wednesdays, and game nights. Our member events are our way of saying thank you for joining our community and being an integral part of what The Link means to everyone. These are great ways to meet new people and network.
Rules and Regulations
These rules and regulations apply to all Members, their guests and other users of space in The Link in Old Town.
The Link offers co-working, hospitality, and health and wellness opportunities and also provides meeting rooms, and other services for Special Events.
The co-working space includes approximately 23 private offices, 14 dedicated desks, two large flex spaces, as well as two meeting rooms that can each seat 6-27 or so people. The co-working spaces are normally leased for a period of one year or longer, but shorter terms are available from time to time along with day passes for persons to enjoy The Link experience in deciding whether to become a Member.
All leases and other contracts for use of space in The Link are subject to these Rules and Regulations and they are incorporated by reference in all such undertakings.
Private offices are just that and can be secured. Dedicated desks are reserved for the Member per contract. Individual secure lockers are available at a modest charge for Members to store their laptops and other materials when not in use. Dedicated desk members are welcome to leave belongings on their desks when not in use, though The Link in Old Town is not responsible for these items. Dedicated desks each include a single locking file cabinet. The Link has no responsibility for items left on dedicated desks or in flex space.
Space at The Link
In booking space at The Link, you acknowledge and agree to the following terms and conditions:
The Link also provides hospitality, and health and wellness facilities. The Link also hosts Special Events.
Health and wellness facilities include a state-of-the-art gym, sauna, ice tubs, physical therapy and massage treatments.
The Link is accessible 24 hours a day, 7 days a week. The Link’s staff is present during normal business hours five days a week. Access when the staff is not present is provided by the app “KISI” but is strictly limited to members and for guests at Special Events.
Dedicated desks are off-limits to flex space users. Flex space is a shared co-working facility -- first come, first serve. Flex members, regardless of the specific type pass (Day Pass, Flex 5, Flex Unlimited) are not permitted to use dedicated desks. Flex spaces are communal coworking areas and all paying customers and members are permitted to use these spaces on a first come / first serve basis unless otherwise noted for bookings, events, etc.
All Members have use of the gym and health and wellness facilities at The Link in accordance with The Link’s policies and use charges.
All Members have access to non-reserved parking adjacent to the co-working building and to the refrigerator in the pantry. Reserved parking is also available, for a fee, for those Members requesting it.
All Members are expected to be courteous toward others and speak in a low voice.
The Link is a non-smoking facility. An outdoor seating area is provided for smokers.
Members and guests are permitted to consume alcohol if done so in a responsible manner. Staff at The Link in Old Town reserve the right to prevent a member from consuming alcohol, as well as remove them from the property and cancel any membership should issues arise. Written approval is required to provide alcohol at special events, booked by both members or clients. The booking member or client is responsible for any and all consequences resulting from the serving of alcohol at the event. The Link is not responsible for any alcohol related penalties that may arise from the consumption of alcohol at Special Events.
Barring written provision for the use of alcohol at Special Events in which case the booker of the event shall be responsible for any and all consequences resulting from the serving of alcohol at the event. The Link is not responsible for any alcohol related penalties that may arise from the consumption of alcohol at Special Events.
The Link does not permit the use of drugs or other substances on the premises.
Special Events
Special Event users shall not have access to private offices, dedicated desks or flex-space, and are limited to use of the designated Special Event space. For Special Events, decorations are permitted in the Special Event space but cannot be affixed with permanent or semi-permanent fasteners. All decorations shall be removed upon termination of the event. The event space shall be cleaned at the user’s expense and the user shall be responsible for any damage to The Link’s property resulting from the actions of users of the event space or their guests. Access is provided only for the time reserved for the Special Event and is limited to the party booking the event and its guests. The booking party shall not grant access “open the door” for other individuals seeking to enter the building.
Meeting Rooms
The three meeting rooms (Executive, Nexus, Huddle) at The Link are for Members and non-Members, including corporations and other businesses looking for meeting space. To avoid conflicts, meeting rooms must be booked in advance.
The Link’s Refund Policy
Refund Terms and conditions at The Link in Old Town for bookings and memberships. 1 - All refund inquiries shall be given 30 day written notice for membership and 10 days written notice for booking cancellations. This applies to the 30 days prior to 1st of the month for memberships, and 10 days prior to the date of the booking. 2 - Any member, client, party and individual is not permitted a refund should any portion of the terms and conditions be violated. 3 - If a member and or client has already been charged with no notice of cancellation 30 days prior (section 1) refund shall, if approved by management, not exceed 50% of the charge plus any additional fees associated with the refund transaction. All refunds are subject to a transaction fee. 4 - For booking events canceled less than 30 days of the event, but before 10 days of the event, the booking client is permitted a partial refund. Should the event be canceled less than 10 days of event booking, no refund will be granted. 5 - Cancellation without a timely notice (30 days, 10 days) is subject to either 100% refund of monetary credit allowed to be used at The Link in Old Town, or, a partial refund. Credit, or refund is solely at the discretion of management at The Link in Old Town. 6 - Should a refund or credit be requested after the space or service has been used, the member or client is not entitled to a refund and will be dealt with on a case by case basis at the discretion of management at The Link in Old Town.
Terms and Conditions
For all members and other occupants occupying space at “The Link in Old Town” wholly owned and operated by 215NP SPE.
CREDIT CARD SERVICE FEE NOTICE:
Stripe adds a surcharge of 3% on the transaction amount on payments by credit card, including but not limited to Visa, MasterCard, Discover, and American Express brand cards, which is not greater than our cost of acceptance of such credit cards.
LATE FEE NOTICE:
You understand and agree that any invoice not paid in full by the seventh calendar day following the invoice due date is subject to a 3% late fee on that “current invoice amount”, and you are liable for and will pay the same to The Link in Old Town upon its demand. You agree that You are liable for and will pay to The Link in Old Town upon its demand all amounts in connection with problematic payments, insufficient payments, returned payments, canceled payments, delayed payments, overdue payments, and any non-payment associated with your account and all associated bank, collection, investigative, administrative and legal fees and costs, including but not limited to all reasonable attorneys’ fees, sheriffs’ fees, and other legal fees and costs, and reasonable costs of time and administration of The Link in Old Town personnel expended in pursuit of amounts owed hereunder by You, incurred or required to be paid by The Link in Old Town in its sole discretion in connection with the management and collection of your account.
All Terms Contractual.
All recitals, representations, terms, and definitions throughout this Agreement, including but not limited to, the above paragraph, are part of this Agreement and agreed by and between You and The Link in Old Town. The term “The Link in Old Town” as used throughout this Agreement includes, as context may require, all premises of The Link in Old Town and The Link in Old Town’s business, services, and operations. The terms “You”, “you”, “Your,” “your” or “Yourself” as used throughout this Agreement means You, the licensee(s) of The Link in Old Town’s Space (as defined in this Agreement) or Services (as defined in this Agreement). The term “Representatives” as used in this Agreement means each and all members, managers, owners, directors, officers, shareholders, advisors, agents, associates, representatives, employees, independent contractors, subcontractors, staff members, heirs, successors, subsidiaries, parent entities, affiliates, affiliated entities, and permitted assigns of each of You and The Link in Old Town, respectively. You and The Link in Old Town are each a “party” or “Party” to this Agreement, and collectively, are the “parties” or “Parties” to this Agreement. For purposes of this Agreement, “Services” are defined as all services contracted by You in the Contract or Contracts. For purposes of this Agreement, “Space” is defined as all uses of space contracted by You in the Contact or Contracts.
No Tenancy.
Any use of the Property or Services does not create or give You any tenancy, leasehold, or other real property rights or interests whatsoever, and You may not live or sleep at the Property. Except for cleaning, reasonable inspection and maintenance, or in the event of emergencies, The Link in Old Town will reasonably refrain from entering or otherwise disturbing any Space it may authorize You to use.The Link in Old Town may enter any space in the Property at any time as it deems reasonably necessary or in the event of an emergency. Other than routine cleaning, maintenance and delivery of supplies, The Link in Old Town will make reasonable attempt to inform You in advance prior to any need to carry out extraordinary repairs, maintenance, testing, cleaning, inspections, or other activities that may require access to the Space You may use.
Space and Services.
Subject to this Agreement and Your Contract or Contract(s), services and use package(s), and other written agreement(s) between You and The Link in Old Town regarding Your use of the Services or the Space, You shall receive a license to use certain designated Space or features of The Link in Old Town or its Services at the Property. Notwithstanding the foregoing, in the event for any reason That The Link in Old Town no longer has possession rights at the Property, for purposes of this Agreement, the Contract and Contracts, The Link in Old Town reserves the right to substitute another property or properties for the Property, provided it is located in the same municipality (the “Substitute Property”). For all purposes of this Agreement, the term “Property” shall include the “Substitute Property”. As set forth in the Contract or in the Contracts, The Link in Old Town may provide You with a license to access desk space, office space, conference rooms, meeting space, “phone booths,” internet service, or certain ancillary spaces or support Services at the Property. You are required to keep clean and tidy any and all spaces used, and, if using the Space on a “flexible” basis, You must clear all personal belongings upon departing The Link in Old Town, even temporarily. If using “dedicated” or “private” Space, provided such Space remains clean and tidy, appears professional, and contributes positively to the work environment of The Link in Old Town, You may, for the agreed duration of Your use, leave certain items and belongings within such Space. Before commencing use of any dedicated or private Space(s), You must “sign off” on the condition of such Space(s), and must maintain such condition throughout Your use of such Space(s), subject to normal wear and tear. Without express permission from The Link in Old Town, You may not bring boxes, shelves, file cabinets, or other furniture to the Property. ShouldThe Link in Old Town allow You to bring any outside storage items or furniture into the Space at the Property, You agree that should You discontinue use of the Space(s) for any reason, including but not limited to, any termination or expiration of this Agreement or Your expulsion or removal from the Property, You shall promptly upon such discontinued use, remove, at Your sole cost, all Your furniture and all of your other personal property from the Property. In the event You do not so remove all such personal property, You understand and agree that all such personal property will be deemed abandoned by You, and You hereby agree to pay immediately on demand to The Link in Old Town the full amount of any and all costs incurred or required to be paid by The Link in Old Town in association with the removal and disposal of all such items The Link in Old Town may provide You with access to certain storage spaces at the Property. Please see the Community Manager if interested in use of any storage space.
Building Amenities.
The building in which your The Link in Old Town facility sits may offer certain amenities, and those amenities may be available to You. Regardless of any such availability, You understand and agree that The Link in Old Town does not operate and is not responsible or liable for your use of any such amenities, and You accept sole responsibility and bear sole risk and liability for your use (and any and all use by your employees, agents, guests and invitees) of any and all such amenities, including but not limited to any and all Liabilities arising from or in connection with any such use, whether such Liabilities are related to persons or property (real or personal), including but not limited to Liabilities You may not have been able to foresee at the time of making this Agreement, including but not limited to bodily or personal injury, death, or loss of society. Please keep care, respect, and safety in mind when using amenities.
Lawful Action.
You shall abide by, comply with, and act in accordance with all applicable Federal, State, and local laws, rules, ordinances, codes, and regulations.
Respect and Responsibility for Safety, Property, and Privacy.
In a coworking space, we must each be respectful of our own and others’ needs and rights. You agree at all times to respect, protect, and refrain from endangering, interfering with, or invading others and/or the personal property, rights, space, and privacy of others within the Property and, except in the case of The Link in Old Town’s direct, gross negligence or willful misconduct, You assume complete and sole responsibility, risk, and liability for Your own safety and privacy and for the security and safekeeping of Your own property and its privacy, as well as for the safety, property, and privacy of Your Representatives, guests and invitees and their property, and You hereby release, waive, discharge, covenant not to sue, and You hereby defend, indemnify and hold harmless The Link in Old Town Coworking Alexandria LLC and its past, present and future Representatives in connection with any and all thereof, and You have or will obtain, at Your sole cost and expense, any and all property and other insurance coverage You deem necessary in connection therewith. You warrant and agree that You will comply with all rules, requirements, directives, policies, and procedures of The Link in Old Town regarding entering and using the Space and Services, as may be amended or changed at any time at the discretion of The Link in Old Town, whether posted on or within the Space, on The Link in Old Town’s website, or otherwise. You warrant and agree that (A.) if You or any member of your immediate household has been exposed to any communicable disease, You will not enter the Space for at least the entirety of the duration of the incubation period of that disease, tolling from the date on which such exposure is discovered; provided that (B.) if You or any member of your immediate household experiences or displays symptoms of, is diagnosed with, or tests positive for any communicable disease, You will not enter the Space for (i) at least the entirety of the period of time during which You or that individual is symptomatic followed by a period of time equal to at least the entirety of the duration of the incubation period of that disease, or (ii) until the medical professional treating or advising on that disease affirms that You or that individual is no longer contagious. You warrant and agree that, prior to entering the Space in each instance, in the event of any further coronavirus pandemics, for a period of time equal to at least the entirety of the duration of the incubation period for that communicable disease, You have followed all federal, state, and local guidelines, directives, orders and requirements with respect to protecting yourself and others from the spread of that disease, such as, but not limited to, social distancing and hygienic practices, provided that if there is any conflict between federal, state, and local guidelines and directives, You have followed those which are most stringent. You understand and agree that while The Link in Old Town takes measures to address and attend to the cleanliness of the Space and to follow health and safety guidelines with respect to same, except in the event of The Link in Old Town’s gross negligence or willful misconduct, The Link in Old Town is not responsible or liable for Your health or safety, and You bear full and sole responsibility, risk, and liability for your own health, safety and well-being and for that of your Representatives, guests and invitees in connection with each such party’s entering and using the Space and Services, and You hereby release, waive, discharge and covenant not to sue The Link in Old Town or any of its past, present or future Representatives in connection with any thereof and hereby defend, indemnify and hold harmless The Link in Old Town and such Representatives from and against the same. You understand and agree that any guest or invitee of Yours will be required to warrant and agree to the provisions of this paragraph before entering the space. The Link in Old Town seeks to maintain a mutually beneficial work environment, and, subject to the notice and right-to-cure provisions applicable under this Agreement, reserves the right at any time to terminate this Agreement and/or end the license of, and/or to immediately remove or expel from the Property at any time, any and all coworkers, guests, employees, agents, invitees and others whose actions, assertions or presentations, in The Link in Old Town’s sole discretion, breach this Agreement or other agreement(s) applicable to use of the Space or Services at the Property, or threaten or display as potentially threatening to, or damage, the security, safety, privacy, functionality, or cohesive, collaborative environment of the Property. Please be a positive part of our community. Report any concerns or issues to The Link in Old Town’s Community Manager.
Business Liability.
While The Link in Old Town may provide You with workspace, The Link in Old Town is not and shall not be responsible or liable for Your business conduct. You are fully and solely responsible and liable, at Your sole risk, cost, and expense, for Your own business conduct and for the cost of any and all business liability and other insurance which You may deem necessary.
No Unlawful, Prohibited, Damaging, or Destructive Use.
We must all do our part to create a mutually beneficial work environment. Thus, You shall not use the Space or Services for any unlawful purpose, for any purpose that is prohibited in this Agreement or in other communications or notices from The Link in Old Town, or for any purpose or in any manner that could interfere with, restrict, or inhibit The Link in Old Town’s Services or any other lawful user’s or guest’s use or enjoyment of the Property or The Link in Old Town’s Services. You will not damage, disable, overburden, impair, injure, destroy, steal, invade, infringe, threaten, abuse, or otherwise violate (collectively hereinafter, “Damage”) any property (including, but not limited to, real, personal, and intangible property), rights, or interests whatsoever of The Link in Old Town or other persons or entities within or using the Property or the Space, and You understand and agree that You are fully liable and responsible for any and all fees, costs, losses, damages, injuries, obligations, expenses, and liabilities of every kind and nature whatsoever, including, but not limited to, any and all attorneys’, investigation, sheriffs’, defense, judgment and other legal fees and costs (collectively hereinafter, “Liabilities”), associated with the extent of any and all Damage and Liabilities to which You may contribute and any and all Damage and Liabilities You may cause which may be incurred by The Link in Old Town or others, including, but not limited to, any attempt to assess such Damage and Liabilities and to collect such Liabilities. You understand and agree the prohibited activity includes, but is not limited to:
Hacking, password mining, or gaining or attempting to gain unauthorized access to any services, servers, accounts, systems, networks, databases, information, or materials of The Link in Old Town or others, or using, sharing, distributing, disclosing, or publishing such, in any manner whatsoever or for any purpose whatsoever, whether directly or indirectly or on behalf of Yourself or any other(s);
Publishing, posting, using, reproducing, uploading, downloading, distributing, selling, or disseminating any inappropriate, profane, defamatory, libelous, obscene, indecent, injurious, or unlawful images, information, programs, materials, data, or matters, including, but not limited to, that which may infringe or invade others’ licenses, rights, or interests and that which may include any devices, files, software, or programs that contain viruses, Trojan Horses, Worms, time bombs, candle bots, corrupted or corrupting files or data, or similar harmful or invasive material;
Bringing, or permitting guests, employees, agents, invitees, , or others to bring, to the Property any type of animal, pet, or pest whatsoever, including, but not limited to, domesticated animals, provided that service animals may be permitted at the Property. Please communicate with The Link in Old Town’s Community Manager if You or a guest requires a service animal;
Bringing, or permitting guests, employees, agents, invitees, business contacts, or others to bring, to the Property any type of illegal drugs whatsoever.
Use of Alcohol.
You understand and agree that if, at any and all times whatsoever, You or Your guests, employees, agents, or invitees bring, consume, or share any alcoholic beverages whatsoever to, in, or on the Property , You bear and assume sole and full risk and liability for the presence of such alcohol at the Property, for any and all related alcohol use and consumption, for any and all pouring, serving, furnishing, distributing, and selling of any and all such alcohol, and for any and all effects, results, and consequences thereof, including, but not limited to, any and all effects, results, and consequences You may not have been able to foresee at the time of making this Agreement and including, but not limited to, any and all Liabilities (including, but not limited to, bodily or personal injury, death, or loss of society). The foregoing not withstanding, if alcohol is served at any events sponsored by The Link in Old Town, members, their guests and representatives shall only be responsible for the alcoholic beverage they consume and the consequences thereof
Right of Information and Disclosure.
The Link in Old Town reserves the right at all times it deems necessary in its reasonable discretion to comply with any applicable law, legal or administrative process or court order, or other legal or administrative request, to disclose any information about You and your participation in and use of the Property and the Services, and You agree to such disclosure. You agree that, for so long as your contract(s) is in effect, The Link in Old Town may (a) take or otherwise create, use, and destroy or otherwise dispose of one or more photographs or other still images of individuals designated by You from your organization, and may include such images on its Member Wall or otherwise to identify spaces within The Link in Old Town which are reserved for or being used by You; (b) use your trade name, trademark, service mark, logo, or other brand identifier, as designated by You, to identify spaces within The Link in Old Town which are reserved for or being used by You; (c) include your name and contact information, as provided by You for such purposes, in its member directory, and You shall have the right, in your discretion, to amend, update or correct such name and contact information upon written notice to the Community Manager at The Link in Old Town. You understand and agree the member directory is available to all Coworkers at the Property. You hereby release, understand and agree that, in connection with any group event You may attend at The Link in Old Town (not including private events held solely for your organization and its guests), The Link in Old Town or any of its Representatives may take or otherwise create, store, use, license, and destroy or otherwise dispose of (collectively, “Create”) photographs, video, audio, or other recordings, whether still or moving, which may include your image, likeness, voice and/or the image, likeness or sound of your personal property (“Recordings”), and may use the Recordings in any way or form, including but not limited to editing, cropping, altering, modifying, combining with other media, or otherwise, in any medium anywhere in perpetuity for any purpose (except pornographic or defamatory), including but not limited to social media, advertising, marketing, or promotional purposes, without any royalty, proceed, or accounting of any kind to You, and all such Recordings will be the sole intellectual property of The Link in Old Town and its successors and assigns, with all rights therein and thereto, irrevocably. The Link in Old Town will only Create Recordings of any private event of your organization with your prior written consent. The Link in Old Town will not use your trade name, trademark, service mark, logo, or other brand identifier for promotional purposes without your prior written consent. Coworkers and other The Link in Old Town users are encouraged to network within the community. Nevertheless, You must always obtain direct permission from fellow Coworkers, users and guests before including their names or contact information in your commercial email database or otherwise using any of their personal or proprietary information, images, or otherwise. Please see The Link in Old Town’s Privacy Policy for additional information regarding The Link in Old Town’s collection and uses of information.
Confidentiality.
Each Party acknowledges and agrees that it may be exposed (as a “Receiving Party”), whether inadvertently or purposefully, and whether directly or indirectly, to certain Confidential Information (defined below) of the other Party (the “Disclosing Party”). “Confidential Information” includes any and all information, whether or not marked “confidential,” whether or not tangible, including but not limited to all information the Receiving Party knows or would reasonably be expected to know is or should be treated as confidential, whether derived from any or all sources including but not limited to meetings, remarks, discussions, correspondence, records, recordings (including but not limited to audio and video), reports, photographs, graphics, charts, printouts, programs, notes, documents, drawings, or other materials, constituting a) Trade Secrets (defined herein below) or other proprietary information or materials of and belonging to the Disclosing Party or any of its Representatives; b) personnel information and any and all or private, identifying, or similar confidential information of the Disclosing Party or any of its Representatives; or c) information provided to a Disclosing Party in confidence by a third party. During and after the term of this Agreement, each Receiving Party will protect and keep strictly secret and confidential all Confidential Information of the Disclosing Party and will not without the prior written consent of the Disclosing Party, directly or indirectly, on its own or any third party’s behalf, disclose, furnish or make accessible any Confidential Information of the Disclosing Party in any public sphere or to any third party, and each Receiving Party will not without the prior written consent of the Disclosing Party, for any purpose whatsoever, directly or indirectly, on its own or any third party’s behalf, use or allow to be used any Confidential Information of the Disclosing Party. Notwithstanding the foregoing, You understand and agree that The Link in Old Town may use your name and likeness (and that of Your Representatives) and Your information as otherwise provided in this Agreement. For purposes of this Agreement, the term “Trade Secrets” means any and all trade secrets of a respective Party that are actually or potentially commercially valuable or advantageous to that Party due to the relative secrecy of such trade secrets and which are non-public or not readily available as created, collected, or sorted by that Party including, but not limited to, any and all any and all trade secrets of and belonging to a Party, respectively, including but not limited to, any and all a) technical and non-technical information, ideas, innovations, inventions, improvements, betterments, data, formulas, algorithms, schematics, patterns, forms, templates, compilations, programs, devices, methods, techniques, sketches, drawings, designs, illustrations, specifications, procedures, protocols, and processes; b) financial data, forecasts, pricing, costs, and information; c) lists and databases of actual or prospective clients, customers, Representatives, program participants, distributors, sales persons, service providers, vendors, resources, licensors, licensees, suppliers, parties to special business relationships, or any respective decision-makers or representatives of any of the foregoing; d) scientific information; e) current and future business, governance, management, marketing, product, service, intellectual property, asset, and sales information, ideas, designs, philosophies, innovations, inventions, research, development, analyses, reports, methods, models, plans, practices, processes, procedures, protocols, techniques, and strategies; f) information difficult to reconstruct from public records; g) organized, computed, and filtered information; h) expertise, expert knowledge, and know-how; i) trade secrets as the term “trade secrets” is understood under all current and future applicable laws; and j) any and all tangible embodiments, recordings, reports, samples, and summaries of any of the items referred to in clauses a) through i) of this sentence. The Link in Old Town agrees that it will not solicit or hire your staff, nor will it attempt to take your clients or otherwise interfere with your business operations.
Intellectual Property.
You understand and agree that, in addition to The Link in Old Town’s Confidential Information, You may not use any intellectual property of The Link in Old Town without its express, prior written consent, including but not limited to any trademarks, service marks, trade dress, brand names, trade names, or other business devices, marks or identifiers, or any original content, materials, or works of authorship, patents, or inventions, or intellectual property of any kind or nature, and that The Link in Old Town has sole and exclusive rights, title, and interest therein and thereto, and You will not create, adopt, use, register, or attempt to register, in any jurisdiction anywhere in the world, any of The Link in Old Town’s trademarks or a corporate name, business name, trade name, domain name, trademark, service mark, or any other business identification mark, address, locator, device, or designation that includes or is confusingly similar to any of The Link in Old Town’s trademarks. You will not do anything to impair The Link in Old Town’s ownership of or rights with respect to any of its intellectual property.
Online Platforms.
You represent and warrant that You either own or have any and all necessary rights and licenses required to use, post, reproduce, publish, distribute, and display (collectively hereinafter “Publish” or “Publication”) any and all images, information, content, property, and material You Publish on The Link in Old Town’s servers, networks, online platforms, web services, materials, or otherwise at the Property, and that such Publication will not infringe, libel, invade, or otherwise violate others’ rights.
Use of Services “AS IS”. TO THE MAXIMUM EXTENT ALLOWED BY APPLICABLE LAW, THE PROPERTY, THE SPACE AND The Link in Old Town’S SERVICES ARE PROVIDED “AS IS” AND WITH ALL FAULTS, AND The Link in Old Town MAKES NO CLAIMS OR WARRANTIES, AND HEREBY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS, IMPLIED, AND STATUTORY, REGARDING THE PROPERTY, THE SPACE OR The Link in Old Town’S SERVICES, INCLUDING, BUT NOT LIMITED TO, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, LACK OF VIRUSES, ACCURACY OR COMPLETENESS OF RESPONSES OR RESULTS, WORKMANLIKE EFFORT, LACK OF NEGLIGENCE, WARRANTY, DUTY, OR CONDITION OF TITLE, QUIET ENJOYMENT, QUIET POSSESSION, AND CORRESPONDENCE TO DESCRIPTION. IN NO EVENT WILL The Link in Old Town BE LIABLE HEREUNDER, INCLUDING BUT NOT LIMITED TO WITH RESPECT TO ANY CONTRACT, FOR ANY CONSEQUENTIAL, INDIRECT, EXEMPLARY, SPECIAL, PUNITIVE, OR INCIDENTAL DAMAGES. To the fullest extent allowed by applicable law, except in the event of The Link in Old Town’s sole, direct gross negligence or willful misconduct, You assume any and all risks, including the potential for risks You did not consider or could not foresee at the time of making this Agreement, associated with Your use of the Property, the Space and The Link in Old Town’s Services and the quality of the same.
Non-Solicitation.
We acknowledge and understand that our personnel are highly supportive of You and your business. This is an important part of our business and service model. That said, as desirable as it might be to attempt to directly hire our personnel, You understand and agree that it would create a conflict of interest for any of The Link in Old Town’s Representatives to provide direct services to You as your employee, contractor or otherwise, and You have an ongoing obligation not to interfere with, disturb, disrupt, decrease, or otherwise jeopardize The Link in Old Town’s business or staff relationships. The Parties acknowledge and agree that The Link in Old Town’s staff are essential to its business and ability to provide Services.In light of the foregoing, You hereby agree that while any staff member is employed or otherwise engaged by The Link in Old Town and for a period of six (6) months thereafter, You will not, on your own or any third party’s behalf, directly or indirectly, (A.) actually or attempt to solicit, take away, recruit, or induce any Representative of The Link in Old Town to terminate, breach, or modify any employment or other contractual or service-providing relationship with The Link in Old Town or (B.) hire or engage any Representative of The Link in Old Town to provide direct services to or for You or any Representative of You. You understand and agree that any breach or violation of your obligations under this Section regarding Non solicitation would cause irreparable harm to The Link in Old Town, and that the damages flowing from that harm would be difficult to ascertain and may not adequately compensate The Link in Old Town. In light of this difficulty, and to avoid the Parties’ inconvenience and expense in attempting to ascertain precisely the damages incurred by The Link in Old Town in any such case, the Parties hereby agree that in the event of any such breach or violation by You, then in addition to and not in lieu of any other remedies available to The Link in Old Town, within then (10) days of written demand by The Link in Old Town, You will deliver to The Link in Old Town liquidated damages in the form of a certified check or money order in an amount equal to the total annual compensation that the subject Representative would have otherwise earned over one full year of employment or engagement with The Link in Old Town based upon The Link in Old Town’s rate of compensation then in effect for such Representative’s position, plus any amounts expended by You in the process of soliciting, taking away, recruiting, or inducing such Representative and hiring or engaging such Representative, including but not limited to all compensation paid to such Representative by You, and all amounts expended by The Link in Old Town in pursuing such damages from You. The Parties do not intend this liquidated damages payment to be penal in nature, and the Parties each agree that it will not be construed as penal. The Parties agree that payment by You of liquidated damages under this Section will not serve as a waiver of, nor will it bar, any other remedies or relief of any kind or nature available to The Link in Old Town under this Section or Agreement, and nothing contained in this Section or Agreement will be deemed to limit The Link in Old Town’s remedies at law or in equity hereunder, and The Link in Old Town will be free to pursue all remedies available to it under this Section and, in event of any breach or violation by You under this Section, You agree to pay to The Link in Old Town, and The Link in Old Town shall collect from You, this liquidated damages payment without necessity of proving actual damages or posting any bond or other security and without threat by You of defense against payment of this liquidated damages payment.
Indemnification.
To the fullest extent allowed by applicable law, except in the event of The Link in Old Town’s sole and direct gross negligence or willful misconduct, You do and will at all times defend, indemnify, and hold harmless The Link in Old Town and its past, present, and future Representatives from and against any and all claims, demands, suits, actions, proceedings, arbitrations, mediations, investigations, threats of any of the foregoing, fees, costs, losses, damages, injuries, obligations, expenses, and liabilities of any nature whatsoever, including but not limited to any and all attorneys’ fees and costs and defense, investigation, sheriff’s, judgment and other legal fees and costs and collection costs, including but not limited to any and all amounts expressly agreed elsewhere in this Agreement (collectively hereinafter, “Claims”) arising out of or in connection to (A.) Your or any of Your Representatives’, guests’ or invitees’ use of or presence in the Space or Services; (B) any breach, default or failure of warranty by You of or under this Agreement; (C.) any of the items throughout this Agreement with respect to which You have agreed to defend, indemnify, and hold harmless The Link in Old Town and its Representatives; or (D.) any fraud, false information, or material omission by You during the term of this Agreement or in connection with the formation of this Agreement, including but not limited to Your Contract(s). You hereby release, waive, discharge, and covenant not to sue The Link in Old Town or any of its past, present or future Representatives in connection with any such Claims. You agree that in any event requiring Your indemnification hereunder, at The Link in Old Town’s discretion You will either (E.) defend The Link in Old Town and its Representatives with counsel satisfactory to The Link in Old Town or, (F.) if The Link in Old Town elects to assume such defense, pay on demand to The Link in Old Town the amount of any and all Claims associated with such defense, and (G.), in either case, pay on demand to The Link in Old Town all Claims which The Link in Old Town and its Representatives may pay or become obligated to pay in connection therewith. If for any reason a court of competent jurisdiction should hold The Link in Old Town liable for any such Claims in contravention of this Section and the Parties’ intentions, You hereby agree that the fullest extent and entire liability of The Link in Old Town, and Your and Your guests’ and invitees’ sole and exclusive aggregate and collective remedy, whether in contract or tort or otherwise, shall not exceed actual and direct damages of up to the amount of fees actually paid by You for Services rendered to You by The Link in Old Town under Your Contract(s). Even if any remedy herein fails its essential purpose, the foregoing limitations, exclusions, and disclaimers shall apply to the fullest extent permitted by applicable law.
Payments.
You will be charged for Services and for uses of the Property prior to the rendering of any such Services and uses, and You agree to pay all such required amounts to The Link in Old Town, as set forth in the Contract, Contracts or other package terms and any other applicable service and use agreements (hereby incorporated into and made part of this Agreement), on the 1st day of each month or at such times as may be requested by The Link in Old Town. Payments made are not refundable or pro-ratable upon termination of this Agreement or for any other reason. You understand and agree that any balances and payments for services and uses not paid when due will incur, and You agree that You will additionally pay to The Link in Old Town thereon upon its demand, such applicable late fee or interest as indicated on your Contract, and that any other amounts due and payable hereunder which are not paid when due will additionally incur, and You will additionally pay to The Link in Old Town thereon upon its demand, the greater of 9% simple annual interest or the highest rate otherwise allowed under applicable law. You agree that You are liable for and will pay to The Link in Old Town upon its demand all amounts in connection with problematic payments, insufficient payments, returned payments, canceled payments, delayed payments, overdue payments, and any non-payment associated with your account and all associated bank, collection, investigative, administrative and legal fees and costs, including but not limited to all reasonable attorneys’ fees, sheriffs’ fees, and other legal fees and costs, and reasonable costs of time and administration of The Link in Old Town personnel expended in pursuit of amounts owed hereunder by You, incurred or required to be paid by The Link in Old Town in its reasonable discretion in connection with the management and collection of your account.
Term and Termination.
This Agreement is effective on the date You execute the Contract. The initial term of this Agreement is coterminous with the term of the Contract or Contracts, and automatically renews for successive, additional terms upon extension of the Contract or Contracts provided that Contracts for meeting room use will terminate automatically at the close of such meeting room. The Link in Old Town may terminate this Agreement as indicated elsewhere in this Agreement or effective thirty (30) days after providing written notice to You of any default or breach by You under this Agreement which has not be cured in hold during the thirty day period. Unless, in its sole discretion, The Link in Old Town deems such breach or default to be incurable, in which event The Link in Old Town shall have the right to terminate this Agreement immediately upon written notice to You. Upon termination of this Agreement by The Link in Old Town, The Link in Old Town shall have the right to exercise any and all rights and remedies under Virginia law and may remove or expel You and Your Representatives and guests from the Space at any time.
Force Majeure.
You agree that The Link in Old Town will not be liable or responsible or deemed in breach or default of any provision of this Agreement for delays, changes, or failures in performance or partial-, incomplete- or non-performance caused by or as a result of or in connection with events, circumstances or forces beyond its reasonable control or determined necessary or appropriate in its sole discretion in connection with any such events, circumstances or forces (not including events or forces caused by its own gross negligence or willful misconduct), including but not limited to acts of God, fire or flood (whether naturally occurring or manmade), communicable disease outbreak, epidemic, pandemic, public health emergency, acts of nature (including but not limited to natural catastrophe or disaster, severe weather, tidal surge, tsunami, landslide, earthquake, hurricane, (lightning, etc.), acts of war (regardless of whether declared), terrorism, acts of public enemy, vandalism, sabotage, labor shortage, labor dispute, slowdown or stoppage, strike, lockout, industrial disturbance, civil or societal unrest, insurrection, riot, equipment or material shortage or inability, impracticability or difficulty to obtain equipment or materials, transportation interruption, delay, or service failure, power failure, disruption or outage, logistical or infrastructure failure, disruption or outage, technical failure, disruption or outage, casualty, accident, loss, injury, damage, condemnation, explosion, acts or condition of law enforcement, acts or conditions of military, governmental (whether foreign, national, state or local) regulation, act, order, demand, or other requirement (not including or caused by The Link in Old Town’s specific failure to comply with law or regulation existing and applicable to its performance hereunder at the time of the making of this Agreement), quarantine, embargo, travel warning or restriction, commercial impracticability or impossibility, adverse economic conditions, adverse environmental conditions, adverse site conditions, change in law or regulation or in application or interpretation of law or regulation or introduction of new law or regulation applicable or impactful directly or indirectly to performance, or action of government (whether foreign, national, state or local), utility or commercial entity intended to control, mitigate or otherwise address any such events, circumstances or forces. If the leased premises become unusable for a continuous period of 30 days or more due to a force majeure event, the Tenant shall have the right to terminate the lease with written notice. Upon termination, the final rent payment due shall be prorated based on the last day the premises were accessible, with Tenant responsible only for the portion of the month during which the space remained usable.
Enforceability.
The Parties agree that this Agreement is binding upon, inures to the benefit of, and is enforceable by, the Parties and their respective heirs, legal representatives, successors and permitted assigns. You may not assign the Agreement or any of your rights under this Agreement without the prior written consent of The Link in Old Town in its sole discretion.
Headings.
The Headings contained in this Agreement are for convenience only, and are not intended by the Parties to affect in any way the interpretation of any section of this Agreement or of the Agreement itself.
Waiver.
The failure of either Party to insist upon strict performance of, or the waiver by either Party of any breach of, any term, provision, covenant, or condition of this Agreement is not and will not be deemed an estoppel against asserting the right to require such performance in the future, nor a waiver of any other term, covenant, or condition or of any subsequent breach of the same or any other term, covenant, or condition. All remedies are cumulative.
Integration and Amendment.
This Agreement supersedes all prior offers, negotiations, or agreements between the Parties concerning any and all terms expressed herein. This Agreement contains the complete understanding between the Parties concerning any and all such terms.
Severability.
If any term or provision of this Agreement is held invalid or unenforceable by a court of competent jurisdiction, such invalidity or unenforceability will not affect any other term or provision of this Agreement, and the remaining terms and provisions will continue in full force and effect as if the unenforceable term or provision did not exist. A court of competent jurisdiction may modify any such objectionable term or provision to make it valid and enforceable to such effect as is closest in effect to the original intent embodied in the term or provision being modified.
Governing Law and Choice of Forum.
Any dispute, claim, or cause of action arising under or in connection to this Agreement, any amendment thereto, including all matters of construction, validity, and performance, are governed exclusively by the terms of this Agreement, as amended, and shall be construed and enforced in accordance with the substantive law of the State of Virginia, without giving effect to any choice or conflict or law rule or provision which would that would cause the application of the laws of any other jurisdiction. The Virginia State and Federal courts have exclusive jurisdiction over, and are the exclusive forums for, any dispute, claim, or cause of action arising under or in connection to this Agreement, regardless of the Party initiating the action, and the Parties hereby irrevocably consent to personal jurisdiction in such courts, waive any right they may have to object to the jurisdiction of or venue in such courts, and agree that service of process may be made upon each Party, respectively, by any means allowed by Virginia or U.S. Federal law.
Survival.
The Parties agree that all of the agreements, understandings, and obligations contained throughout this Agreement that expressly or impliedly continue after termination or expiration of this Agreement, do and will continue indefinitely and do and will survive any termination or expiration of this Agreement.
Remedies.
The Parties expressly understand and agree that the remedy at law for any breach of the provisions or covenants contained in this Agreement concerning Confidentiality or The Link in Old Town’s intellectual property is and will be inadequate and that any such breach may result in irreparable damages or injury to The Link in Old Town, and the damages flowing from any such breach are not readily susceptible to being measured in monetary terms. Accordingly, the Parties agree that in addition to, and not in lieu of, any other damages or remedy, any such breach entitles The Link in Old Town, without the necessity of proving actual damages or posting any bond or other security, to immediate injunctive or other equitable relief and a temporary order, preliminary injunction, and any other specific performance restraining any threatened or further breach. The Parties further agree that nothing contained in this paragraph or Agreement is deemed to limit either Party’s remedies at law or in equity for any breach arising out of, under, or in connection to this Agreement. The Parties acknowledge and agree that the restrictions contained in this paragraph and Agreement are reasonable in scope, are designed to eliminate behaviors that would otherwise be unfair, do not and will not interfere with their respective abilities to earn a living, and are necessary to protect their respective legitimate business interests.
Litigation Expenses.
In the event of any dispute or controversy arising under this Agreement that proceeds to a court of law, the non-prevailing Party will reimburse the prevailing Party for, in addition to any other relief awarded, all costs and expenses reasonably incurred by the prevailing Party, including but not limited to reasonable attorneys’ fees, and judgment, investigation, sheriff’s and other legal fees and costs.
Mutual Agreement.
This is a mutually-negotiated Agreement, and regardless of who was more responsible for its preparation, this Agreement is to, and will, be construed neutrally between the Parties. The Parties are equally sophisticated business participants, and have had the opportunity to have this Agreement reviewed by independent legal counsel. The language of all parts of this Agreement shall in all cases be construed as a whole, according to its fair meaning, and not strictly for or against any or either of the Parties.
Notice.
Any notice required or permitted to be given under this Agreement must be in writing and may be delivered in person, by postage-prepaid-certified mail, return receipt requested, or electronically, including, but not limited to, email or any other form of communication deemed mutually acceptable by the Parties (proof of electronic delivery required). In-person and electronic notices will be deemed to be given at the time of delivery. Postal notices will be deemed to be given upon delivery tracking confirmation.
Authority to Sign.
You represent and warrant that You have all requisite legal power and authority to enter into this Agreement, which includes any and all terms that may apply to Your particular uses and Services, Contract or Contracts, package terms, and other license agreement(s) with The Link in Old Town (hereby incorporated into and made part of this Agreement), and that You have read, fully understand, and voluntarily agree to be bound by this Agreement.
Counterparts.
This Agreement may be executed in any number of counterparts, each of which shall be an original, and all of which together shall constitute one and the same instrument. Your execution of a Contract constitutes your legally binding affirmation and agreement to be bound by this Agreement, as it may be amended from time to time, and a facsimile or digital copy of Your signature or Your electronic signature thereto has the same legally binding effect and validity as Your original handwritten signature.
Construction.
The Parties agree that words and phrases used herein, including any acknowledgment hereof, shall be construed and applied flexibly as in the singular or plural number, or masculine, feminine, or neutral genders, as the context upon interpretation or application so requires, and shall not be used to strictly limit any interpretation or application.
You agree that you will get an opportunity to review this Agreement with your legal and other advisors and that this agreement represents the mutual agreement of the parties hereto and should not be construed against the drafter thereof or the party he or she represents.