Member Agreement

 

The Hivery, LLC was created to foster and support a collaborative by providing its’

members with space, learning,and community. By joining The Hivery, our members

agree to certain rules for our community. The goal of The Hivery is to support each other, cultivate what’s next in each of our work, collaborate, learn, and grow, all of which requires a commitment to follow the Rules of The Hivery.

As a condition to membership, we each agree to abide by the Rules as stated in this

document and The Hivery handbook.

Any questions about this Agreement, or any rules should be addressed by email to

info@The Hivery.com.

 

By joining or engaging with The Hivery in any manner, you are agreeing to the following:

 

1. Conduct

Kindness is the first and most important mantra for The Hivery. Behave well and treat

others the way you would want to be treated. Support others’ ideas, efforts, and work.

You agree to abide by the general rules and procedures as put forth in The Hivery

Handbook. You also agree not to join The Hivery with any ill intent or harmful intentions for The Hivery, its' members, its' management, or its' future. 

 

2. Community

Believe in yourself, believe in others, and especially believe in the collaborative power

of the The Hivery community. Share. Collaborate. Work hard. Have fun. Improve The

Hivery for all. Give input to make The Hivery better. Follow The Hivery Creed as stated

on The Hivery website.

 

3. Membership Details and Access

The Hivery’s membership includes access to The Hivery workspace specific times per

week, depending on your membership level. You can choose any days per week

(weekdays only), and you don’t need to reserve them in advance, with the number of

weeks driven by membership level.

The Hivery may be bustling with people, and some days, it may be quiet. You will

always be guaranteed a seat at The Hivery, but not necessarily a desk, and not

necessarily your favorite desk. We are continuing to add workspaces so that as The

Hivery grows, we can continue our commitment to a creative, collaborative space for

women. Workdays are non-transferrable. In other words, if you don’t use The Hivery

one week, you can’t transfer your workdays to the following week. We maintain that

rule so that we’re always able to operate at a capacity that is comfortable and

productive for all.

Members are required to give The Hivery 30-day notice if they intend to cancel their

membership. Note that this 30-day notice is not granted in the case of unkind or illegal behavior as stated in the Termination Section 6.

 

4. Changes

We will do our best to notify members of changes to the Rules and this agreement. We

will strive to keep an up-to- date copy of this agreement on The Hivery’s website.

 

5. Fees

Monthly membership fees are due on the 1st of the month. You will need to submit a

credit card so that you can be entered in our recurring payment system. Going forward

you will be charged your monthly membership fees on the 1st of every month.

 

6. Termination

See Section 1. Conduct, this entire agreement and the entire The Hivery Handbook for

reference to what actions could lead to termination of your The Hivery membership.

Beyond those day-to- day rules, you agree not to use The Hivery for any purpose that is

unlawful, prohibited, or that could damage, disable or impair any of The Hivery

furnishings, equipment, or space, or keep other members from using The Hivery, or that

would hurt The Hivery as an ongoing business. This also means you won’t attempt to

gain access to any computer systems or networks of The Hivery (beyond general web

access), or attempt to obtain any materials or information not intentionally made

available to all The Hivery members. The Hivery reserves the right to terminate a

membership at our sole discretion.

 

7. Connections

You also agree not to use The Hivery or The Hivery stuff in connection with:

a. Contests, pyramid schemes, chain letters, junk email, spamming or similar behavior;

b. Defaming, abusing, harassing, threatening or otherwise violating the legal rights

(such as privacy and publicity) of others;

c. Posting, distributing or disseminating inappropriate, profane, defamatory, obscene,

indecent, or unlawful material or information;

d. Uploading, reproducing, using, performing or otherwise making available, images,

software or other material or information which infringes another’s rights, or is protected

by intellectual property laws where you don’t own or license such rights; and

e. Uploading or using files that contain viruses, corrupted files, or any other similar

software or programs that may damage the computers or property of The Hivery or

another member.

f. Falsifying your identity in any manner.

 

8. Confidences

You acknowledge that during your membership in The Hivery, you are going to be

exposed to The Hivery Confidences. “The Hivery Confidences” means information (such

as business information, trade secrets, technology, customers and prospects, and other

secret stuff) disclosed by The Hivery or by other members of The Hivery (including

through your keen observation) that is confidential or proprietary in nature and simply

just not known by others. You agree to keep confidential and not to disclose or use The

Hivery Confidences, you understand that they remain the exclusive property of

whomever disclosed them, and you don’t acquire any rights to such Hivery

Confidences.

 

9. Complaints

Please don’t make defamatory or disparaging comments about The Hivery or other

members. Gossip is not tolerated at The Hivery. Suggestions are welcome in a

respectful, private manner to the founder.

 

10. Liability

Neither The Hivery nor its members will assume any liability to you with respect to your

access to, participation in, use of The Hivery or The Hivery Services, or any loss of

information or other property resulting from such participation or use. The Hivery is not

liable for loss, damage, or theft of anything left on The Hivery premises.

The Hivery will not assume liability for damages or injuries to members, clients, guests,

or other parties that members may invite to The Hivery space or on the property of any

part of The Hivery or its building.

 

11. Disclaimer

a. The Hivery PROVIDES The Hivery SERVICES “AS IS” AS A SERVICE AND NOT AS

A LEASE OF REAL

PROPERTY, AND DISCLAIM ALL WARRANTIES AND CONDITIONS, WHETHER

EXPRESS, IMPLIED OR

STATUTORY, INCLUDING, BUT NOT LIMITED TO, MERCHANTABILITY, FITNESS

FOR A PARTICULAR

PURPOSE OR USE, TO THE EXTENT PERMITTED BY LAW. THERE IS ALSO NO

WARRANTY OF TITLE,

QUIET ENJOYMENT OR POSSESSION. THE ENTIRE RISK OF PARTICIPATING IN

OR USING The Hivery

SERVICES, REMAINS WITH YOU.

b. IN NO EVENT SHALL The Hivery OR ITS AGENTS, OWNERS, MEMBERS, OR

EMPLOYEES BE LIABLE

FOR ANY DIRECT, SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE,

CONSEQUENTIAL OR OTHER

DAMAGES WHATSOEVER (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR

LOST PROFITS, LOSS

OF CONFIDENTIAL OR OTHER INFORMATION, BUSINESS INTERRUPTION,

PERSONAL INJURY, LOSS

OF PRIVACY, FAILURE TO MEET ANY DUTY (INCLUDING OF GOOD FAITH OR OF

REASONABLE

CARE), NEGLIGENCE, AND ANY OTHER LOSS) ARISING OUT OF OR IN ANY WAY

RELATED TO The

Hivery SERVICES OR OTHERWISE, TO THE EXTENT PERMITTED BY LAW.

 

12. Indemnification

You also release, and agree to indemnify, defend and save harmless The Hivery, its

agents, owners, members and employees, from and against all claims, liabilities, losses,

damages, expenses, judgments, fines and penalties based on or arising out of your

negligent actions, errors and omissions, willful misconduct or fraud, breach or violation

of the Rules of The Hivery or otherwise suffered in connection with your participation in

The Hivery or use of The Hivery Services.

 

13. Consent

Take note that you

can’t assign this Agreement without the prior written consent of The Hivery. Since The

Hivery is situated in the City of Mill Valley, we all agree that the law of the great State of

California governs this Agreement. And we further agree that exclusive jurisdiction and

venue for all purposes under this Agreement shall be in Mill Valley, CA and everybody

consents to such jurisdiction and venue. Finally, in the highly unlikely event that any

provision or portion of this Agreement is determined to be invalid, illegal or

unenforceable for any reason, in whole or in part, the remaining provisions of this

Agreement shall be unaffected and shall remain in full force and effect to the fullest

extent permitted by law.I acknowledge that I have read and understand this Agreement

and the Rules of The Hivery as put forth in this Agreement and The Hivery Handbook.

Further, I agree to be bound by this Agreement and the Rules of The Hivery regarding

my participation in The Hivery and the use of The Hivery Services.

 

Termination

We may terminate or suspend access to our Service immediately, without prior notice or

liability, for any reason whatsoever, including without limitation if you breach the Terms.

All provisions of the Terms which by their nature should survive termination shall survive

termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

 

Our Service may contain links to third­party web sites or services that are not owned or

controlled by The Hivery LLC.

 

The Hivery LLC has no control over, and assumes no responsibility for, the content,

privacy policies, or practices of any third party web sites or services. You further

acknowledge and agree that The Hivery LLC shall not be responsible or liable, directly

or indirectly, for any damage or loss caused or alleged to be caused by or in connection

with use of or reliance onany such content, goods or services available on or through

any such web sites or services.

We strongly advise you to read the terms and conditions and privacy policies of any

third-­party websites or services that you visit.

 

Governing Law

These Terms shall be governed and construed in accordance with the laws of the State

of California and the United States, without regard to its conflict of law provisions.

Our failure to enforce any right or provision of these Terms will not be considered a

waiver of those rights. If any provision of these Terms is held to be invalid or

unenforceable by a court, the remaining provisions of these Terms will remain in effect.

These Terms constitute the entire agreement between us regarding our Service, and

supersede and replace any prior agreements we might have between us regarding the

Service.

 

Changes

We reserve the right, at our sole discretion, to modify or replace these Terms at any

time.

By continuing to access or use our Service after those revisions become effective, you

agree to be bound by the revised terms. If you do not agree to the new terms, please

stop using the Service.

 

Contact Us

If you have any questions about these Terms, please contact us.

Everyone clicks through this passage again in addition to the terms and

conditions once they select a membership option.

The membership is a monthly membership so when you sign up, you will be charged for

your initial month (plus the $75 joining fee for coworking memberships only), and then

on the first EVERY month thereafter. If you do not wish to continue as a member, you

must let us know in writing to info@thehivery.com.

You can cancel anytime within your first 30 days (without a refund), and after your first

month, we require 30-days notice. We prefer a commitment of 6-months as our goal is

to build and foster community. Memberships that are paid upfront for six months will not

be automatically renewed, without your written permission.

The Hivery reserves the right to terminate a membership at our sole discretion.

____________________

WAIVER AND RELEASE OF LIABILITY   

In consideration of the risk of injury while participating in  (the "Activity"), and as consideration

for the right to participate in the Activity, I hereby, for myself, my heirs, executors,

administrators, assigns, or personal representatives, knowingly and voluntarily enter into this

waiver and release of liability and hereby waive any and all rights, claims or causes of action of

any kind whatsoever arising out of my participation in the Activity, and do hereby release and

forever discharge , located at , ,  , their affiliates, managers, members, agents, attorneys, staff,

volunteers, heirs, representatives, predecessors, successors and assigns, for any physical or

psychological injury, including but not limited to illness, paralysis, death, damages, economical

or emotional loss, that I may suffer as a direct result of my participation in the aforementioned

Activity, including traveling to and from an event related to this Activity.

 

I AM VOLUNTARILY PARTICIPATING IN THE AFOREMENTIONED ACTIVITY

AND I AM PARTICIPATING IN THE ACTIVITY ENTIRELY AT MY OWN RISK. I

AM AWARE OF THE RISKS ASSOCIATED WITH TRAVELING TO AND FROM AS

WELL AS PARTICIPATING IN THIS ACTIVITY, WHICH MAY INCLUDE, BUT ARE

NOT LIMITED TO, PHYSICAL OR PSYCHOLOGICAL INJURY, PAIN, SUFFERING,

ILLNESS, DISFIGUREMENT, TEMPORARY OR PERMANENT DISABILITY

(INCLUDING PARALYSIS), ECONOMIC OR EMOTIONAL LOSS, AND DEATH. I

UNDERSTAND THAT THESE INJURIES OR OUTCOMES MAY ARISE FROM MY

OWN OR OTHERS' NEGLIGENCE, CONDITIONS RELATED TO TRAVEL, OR THE

CONDITION OF THE ACTIVITY LOCATION(S). NONETHELESS, I ASSUME ALL

RELATED RISKS, BOTH KNOWN OR UNKNOWN TO ME, OF MY PARTICIPATION

IN THIS ACTIVITY, INCLUDING TRAVEL TO, FROM AND DURING THIS

ACTIVITY.

 

I agree to indemnify and hold harmless  against any and all claims, suits or actions of any kind

whatsoever for liability, damages, compensation or otherwise brought by me or anyone on my

behalf, including attorney's fees and any related costs, if litigation arises pursuant to any claims

made by me or by anyone else acting on my behalf. If  incurs any of these types of expenses, I

agree to reimburse .

 

I acknowledge that  and their directors, officers, volunteers, representatives and agents are not

responsible for errors, omissions, acts or failures to act of any party or entity conducting a

specific event or activity on behalf of .

 

I ACKNOWLEDGE THAT THIS ACTIVITY MAY INVOLVE A TEST OF A PERSON'S

PHYSICAL AND MENTAL LIMITS AND MAY CARRY WITH IT THE POTENTIAL

FOR DEATH, SERIOUS INJURY, AND PROPERTY LOSS. The risks may include, but are

not limited to, those caused by terrain, facilities, temperature, weather, lack of hydration,

condition of participants, equipment, vehicular traffic and actions of others, including but not

limited to, participants, volunteers, spectators, coaches, event officials and event monitors,

and/or producers of the event.

 

I ACKNOWLEDGE THAT I HAVE CAREFULLY READ THIS "WAIVER AND

RELEASE" AND FULLY UNDERSTAND THAT IT IS A RELEASE OF LIABILITY. I

EXPRESSLY AGREE TO RELEASE AND DISCHARGE  AND ALL OF ITS

AFFILIATES, MANAGERS, MEMBERS, AGENTS, ATTORNEYS, STAFF,

VOLUNTEERS, HEIRS, REPRESENTATIVES, PREDECESSORS, SUCCESSORS AND

ASSIGNS, FROM ANY AND ALL CLAIMS OR CAUSES OF ACTION AND I AGREE

TO VOLUNTARILY GIVE UP OR WAIVE ANY RIGHT THAT I OTHERWISE HAVE

TO BRING A LEGAL ACTION AGAINST  FOR PERSONAL INJURY OR PROPERTY

DAMAGE.

To the extent that statute or case law does not prohibit releases for negligence, this release is also

for negligence on the part of , its agents, and employees.

In the event that I should require medical care or treatment, I agree to be financially responsible

for any costs incurred as a result of such treatment. I am aware and understand that I should carry

my own health insurance.

 

In the event that any damage to equipment or facilities occurs as a result of my or my family's

willful actions, neglect or recklessness, I acknowledge and agree to be held liable for any and all

costs associated with any actions of neglect or recklessness.

Name *
Name
I acknowledge that I have read and understand this Agreement and the Rules of The Hivery as put forth in this Agreement and The Hivery Handbook. Further, I agree to be bound by this Agreement and the Rules of The Hivery regarding my participation in The Hivery and the use of The Hivery LLC. *