Terms and conditions

General Terms and Conditions

Terms and Conditions

1.DEFINITIONS

In these Terms, the following definitions apply: FEES: Means amounts invoiced by RTIC to you for your membership and any other charges agreed to by you and RTIC for specialized services. MEMBER: Means a person or company granted Membership by RTIC. MEMBERSHIP: Means the membership level selected by you. OUR PROPERTY: Means any furniture, equipment, documents or other property in the Space that is owned or controlled by RTIC. POLICIES: Means our code of conduct, policies and procedures are accessible at the front desk or via Member Portal, as added or amended by RTIC from time to time. SERVICES: Means the services included in your Membership, as updated and amended by RTIC from time to time. SPACE: Means the shared coworking space on the 2nd, 3rd and 4th Floor located at 433 Central Avenue, St. Petersburg, Florida 33701. YOUR PROPERTY: Means any equipment, documents, property or possessions that you bring into the Space. WEBSITE: Means RTIC website at www.risingtidecowork.com.

2.THE MEMBERSHIP

RTIC will endeavor to provide Members access to the Space to the best of our ability. RTIC values your feedback and if RTIC is not meeting your expectations, please let us know so that we can try to find a way of addressing the issues. RTIC sometimes hosts programs and events in the co-work space. At those times, portions of the space may be crowded. RTIC will advise its Members at least seven (7) days in advance. Members are always welcome at RTIC events.

2.1 Use of your Membership is personal to you. Key fobs may not be shared or transferred to others without prior approval by RTIC. You may not transfer your Membership to someone else. If you have meetings with nonmembers in the space, we ask that the visitors register online, with reception on the 4th floor, or you send an email in advance identifying the person(s) you are hosting.

2.2 If nonmembers are going to be working with you, we ask that you reserve a conference room or the collaboration space. If you anticipate bringing someone with you to the space who is not a member for repeated visits, that person can either pay the daily rate or you can make other arrangements with us. First time visitors get a free trial day to experience RTIC.

2.3 You agree to comply with your obligations under these Terms, and with any additional obligations contained in any of our Policies. When your membership is accepted and before you use the Space, you will attend an orientation with the Community Manager. Information on Rising Tide Policies will be communicated to you during your orientation.

2.4 Your Membership entitles you to access and use of the Website member only section, which is currently being developed. Once operational, your login details will be personal to you, and must not be shared with anyone else. You should take sufficient care in ensuring the security of your login details, and contact the Community Manager immediately if you believe that someone else has access to them or is using them. You must use the Website in accordance with the terms of use accepted by you when you first login, as amended from time to time.

2.5 It is a condition of your Membership that you follow the reasonable directions of the Rising Tide Community Manager and all directions from Rising Tide staff in relation to building safety and security protocols.

3.THE SPACE

3.1 The Space is a shared office and we ask that you consider other Members, and use the Space, and when available, Website in a respectful way. Offensive language, threatening behavior, abuse of our staff or other Members and damage to our Property, or property of another Member, will not be tolerated. RTIC reserves the right to remove offenders from the Space, and suspend or cancel their Membership and access to Website.

3.2 The Space is a collaborative workspace, and you may find that you are working in close proximity to individuals or organizations that compete with your business. It is your responsibility to ensure that any obligations you may have regarding proximity and/or confidentiality with respect to such competing organizations and other Members generally are adhered to.

3.3 You acknowledge that due to the shared nature of the Space, sensitive information may sometimes be overheard, and you agree to respect the right of privacy and confidentiality of other Members in such circumstances.

3.4 RTIC ensures that the Property is maintained in good condition and complies with any applicable legal or other regulatory requirements. It is your responsibility to ensure your Property is fit for your purpose and that it used in a safe manner.

3.5 You acknowledge that you will be liable for, and agree to indemnify us for any damage caused to the Space or to our Property, or for any claim brought against us, by malfunctioning or incorrectly used equipment brought into the Space by you, your employees, or your guests. This includes, but is not limited to, damage caused by non-compliant equipment or electrical equipment not fit for use.

4.CHANGES/CANCELLING MEMBERSHIP

4.1 RTIC may amend these Terms at any time by providing one (1) month written notice. If RTIC chooses to do so, we will inform you in writing. If you are unhappy with any proposed changes contact the Community Manager and RTIC will use reasonable efforts to address your concerns.

4.2 You may change your personal and billing information by notifying the Community Manager in writing. If you sign up for autopay, you must provide at least 10 days notice prior to the day you require the change or cancellation to take effect.

4.3 RTIC may cancel your Membership with immediate effect if you:

a. breach your obligations in clause 3.1;

b. breach any of your other obligations in these Terms and, if such breach is capable of remedy, you do not remedy your breach within seven (7) days of being notified by us;

c. fail to pay the Fees, and such failure is not remedied within 14 days; or

d. fail to comply with our Policies, provided that we have given you written notice of such failure and our required remedy, and a reasonable time to rectify the failure.

4.4 During orientation, you will be asked to provide information about yourself and your business for the online Member directory. You can decide how much information to make available to other members.

5.MEMBERSHIP FEES

5.1 RTIC will provide you with access to the coworking space in consideration of you paying the Fees in the manner identified in clause 5.2 below.

5.2 RTIC accepts payment by credit card, ACH, cash or check. If your payment is refused by your banking institution, you will be responsible for any fees incurred by RTIC as a result of the payment failure.

5.3 The Fees may be subject to review each calendar year at our discretion, but may not increase by more than 5% per year in each of the first 3 years. You will be notified in writing three (3) months prior to any increase in the Fees taking effect.

6.MEETING SPACES

The conference rooms and collaboration space are available for use by Members by reservation. At this time, there are no limitations on rights to reserve conference room space. If, as membership increases, restrictions are placed on duration of use or advance reservation procedures, RTIC will work with you to ensure you understand the changes. The rules and procedures related to conference room use may be amended from time to time.

7.FAIR USE BY MEMBERS

7.1 RTIC can only provide the Services for the Fees quoted if Members use the Space fairly. RTIC believes that using the Space fairly means that you:

a. only use the Space as contemplated by your Membership;

b. limit the number of guests you bring into the Space, excluding conference and collaboration room bookings. If for whatever reason you need additional guest access please discuss with your Community Manager to see what can be arranged; and

c. limit printing to a reasonable amount, in accordance with any policies introduced from time to time by RTIC and communicated to you. Get assistance from the Community Manager if the copy machine malfunctions or jams.

d. utilize time reserved in conference rooms and collaboration space and remove reservations if your plans change.

7.2 You must not use the internet access for excessive downloads or for any illegal purpose.

7.3 If your guests would like to work in the Space for all or part of the day, their first use can be a free trial. Thereafter, they are welcome to purchase a day pass, or discuss membership options by contacting your Community Manager.

7.4 For security reasons, RTIC reserves the right to refuse entry to any guest. All guests must register with the Community Manager upon arrival or you can send an email in advance.

7.5 Continued abuse of the fair use requirements in this clause 7 may result in the suspension or termination of your Membership.

8.MAIL SERVICES

Your mailing address is: 433 Central Avenue, Suite 400, St. Petersburg, Florida 33701. The mail is delivered once a day and sorted into mail boxes in the afternoon. RTIC can accept express delivery for you and will store packages for your pick up later in the day. If you need to leave a package for more than one (1) business day, please contact the Community Manager. Unless arrangements are made prior to your membership termination, after termination of your Membership, your mail will be returned to sender.

9.SECURITY AND CONFIDENTIAL INFORMATION

9.1 Confidential information includes information relating to either party's business, employees, clients, products and business processes. Any Confidential Information you give us, or we give you, remains confidential. RTIC has adequate policies and procedures in place to protect Confidential Information you disclose to RTIC and you agree to take reasonable care to protect any Confidential Information RTIC may disclose to you and not disclose to any third party.

9.2 You are responsible for ensuring that your Confidential Information, and that of your employees, remains secure within the Space. RTIC will not be liable for any unauthorized disclosure of your Confidential Information, unless such disclosure occurs as a result of a breach of our confidentiality obligations to you.

9.3 A key fob is needed by Members to access the Space outside of regular business hours for memberships that include 24/7 access to the building. Key fobs are not transferable and must be returned to RTIC at the end of your Membership. To ensure security in the Space you must not lend to any other person, and must notify us immediately if it is lost or stolen.

9.4 For your security, RTIC has installed security cameras to monitor the space 24 hours a day, seven (7) days a week. By agreeing to these terms, you acknowledge and consent to video surveillance of yourself within the space.

10.MUSIC, VIDEO AND PHONE

If you want to listen to music, please use headphones. If you watch videos or play games, use headphones or turn down the sound. Please use your private offices, the phone booth or conference rooms for all calls to the extent possible.

11.KITCHEN AND OPEN SPACES

All Members are permitted to use the kitchens. There is a microwave in each kitchen. Due to the small space, consider the smell factor when you heat up food. Your fellow coworkers will appreciate it. Please clean up your eating area when you are finished.

There are casual gathering spaces on all floors of RTIC. They are furnished with couches, chairs, benches and cafe tables. All Members are free to use these spaces to eat, network, work independently or socialize. RTIC hosted Member activities will often take place in these spaces. When using the spaces, please be considerate of those working around you and if you anticipate your activities will get loud, consider reserving a conference room or the collaboration space.

12.FOOD AND DRINK

Hydration is important! Food is a necessity. RTIC provides complimentary water, tea, coffee, and snacks. You will be taught how to operate the coffee machine during orientation. Please do not take unopened bottled beverages home with you. You are responsible for cleaning up any glasses and plates you use. Loading them in the dishwasher is appreciated. Please dispose of used disposable cups in waste bins.

13.BATHROOMS

There are four (4) restrooms (two on each floor). One has a urinal, and the others do not. Please choose to accommodate yourself where you are most comfortable. Please help us keep the bathrooms clean, and fresh smelling, and please let the Community Manager know if there are any issues.

14.LIABILITY AND INSURANCE

14.1 RTIC will maintain liability insurance that covers the Space and we carry our own contents insurance. RTIC contents insurance does not extend to Your Property or the property of your guests. You should make your own insurance arrangements to ensure that your Property and any other liabilities are covered, including Workers' Compensation insurance requirements for any of your employees.

14.2 RTIC staff will oversee the Space during business hours; however, RTIC does not accept responsibility for loss or damage to any of Your Property left unattended or unsecured in the Space.

14.3 You will indemnify RTIC for any loss incurred by RTIC or any claim against RTIC resulting from a breach of you by these Terms or any action of your employees or guests you bring into the Space.

15.SEVERABILITY AND CHOICE OF LAW

In the event that any provision of these Terms is determined to be invalid, illegal or unenforceable for any reason, in whole or in part, the remaining provisions of these Terms shall be unaffected thereby and shall remain in full force and effect to the fullest extent permitted by applicable law.

In the unlikely event that litigation is required to resolve a dispute between RTIC and a Member, disputes will be governed by the law of Florida and venue shall be in the courts of Pinellas County, Florida.

16.THINGS OUT OF OUR CONTROL

Sometimes events happen that are out of our control. These include things like accidents, war, fire or the delay or failure in manufacture, production or supply by third parties or equipment or services. Such events may prevent us from providing you with access to the Space in whole or in part, or may prevent you from performing your obligations under these Terms. In such cases both parties agree that the other party will not be liable for any delay or failure in performing their obligations. Either party may terminate the Membership if the delay or failure continues for a period of 30 days or more.