Legal Agreement: Terms of Service
Section 1 - General
The Services Revelstoke Mountain CoLab Society provides to you are subject to the following Terms and Conditions (T&C), including those additional documents referenced herein and/or available by hyperlink. Revelstoke Mountain CoLab Society reserves the right to update the T&C at any time without notice to you.
Revelstoke Mountain CoLab Society membership application does not create a tenancy but a prepaid usage license to use the provided amenities on a monthly or casual basis.
Section 2 - Description of Services
Revelstoke Mountain CoLab Society may provide you with access to office space, internet, office equipment, conference space, knowledge resources, and other services (collectively, "Services"). The Services at all times are subject to the T&C.
Section 3 - No Unlawful or Prohibited Use
You will not use the Services for any purpose that is unlawful or prohibited by these T&C. You may not use the Services in any manner that could damage, disable, overburden, or impair Revelstoke Mountain CoLab Society’s server, or interfere with any other party’s use and enjoyment of the Services.
You may not attempt to gain unauthorized access to the Services, or accounts, computer systems, or networks connected to any Revelstoke Mountain CoLab Society server, or to any of the Services, through hacking, password mining, or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Services.
You hereby represent and warrant that you have all requisite legal power and authority to enter into and abide by the terms and conditions of this T&C and no further authorization or approval is necessary. You further represent and warrant that your participation or use of the Services will not conflict with or result in any breach of any license, contract, agreement, or other instrument or obligation to which you are a party.
Section 4 - Conduct
You hereby agree to:
- Not abuse, harass, sexually harass, stalk, threaten, or otherwise violate the legal rights (such as rights of privacy and publicity) of others;
- Adhere to any code of conduct (Code of Conduct) or other guidelines (Guidelines) applicable from to any particular service, including policies and building rules.
Section 5 – Billing and Payment
You will prepay for your membership monthly based on your membership option. Payment is required at the beginning of the month for that period, at the date specified in the invoice. Daily drop-in usage is prepaid on the day of use. Monthly billing is on the anniversary date of sign-up. You must provide Revelstoke Mountain CoLab Society with a valid credit card in order to activate your account and Services. You authorize Revelstoke Mountain CoLab Society to automatically charge a credit card for all Services that you have requested. If your Services are setup for a re-occurring payment, Revelstoke Mountain CoLab Society will automatically charge your card for the Services within 14 days of the re-occurring billing cycle. Prepaid amounts of any duration are not refundable for any reason, including but not limited to closure of business, change or upgrade of Services, bankruptcy, or other scenarios in which a cancelation of Services is requested. You will receive a receipt for all payments processed against the credit card or account by email and/or available in your online account. You agree to keep your credit card information updated, and to provide Revelstoke Mountain CoLab Society with a new and valid credit card number if the old card is deactivated or does not have sufficient credit available to pay your fees. Revelstoke Mountain CoLab Society reserves the right to place your account on hold and/or suspend your Services if you are overdue in paying any amounts due for Services.
You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
Section 6 – Personal Information
Section 7 - Term and Termination
These T&C are effective unless and until terminated by either you or Revelstoke Mountain CoLab Cooperative pursuant to the terms hereof.
The T&C must be adhered to at all times. Failure to follow the T&C can result in non-renewal or even early termination of the Services. Revelstoke Mountain CoLab Society reserves the right to terminate these T&C and/or deny you access to the Services (or any part thereof) at any time, immediately, without notice, and without refund for any pre-paid Services if, in Revelstoke Mountain CoLab Society’s sole judgment, you fail to comply with the T&C, Code of Conduct, or Guidelines.
You may terminate these T&C by cancelling your membership online. Once cancelled by you, your membership shall continue to the end of your current billing cycle and the Service fees for that billing cycle shall be non-refundable.
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of these T&C for all purposes.
Section 8 - Modifications to the Services and Prices
Prices for our Services are subject to change without notice.
We reserve the right at any time to modify or discontinue the Services (or any part thereof) without notice.
We shall not be liable to you or to any third party for any modification, price change, suspension, or discontinuance of the Services.
Section 9 - Confidentiality
You acknowledge and agree that during your participation in and use of the Services you may be exposed to "Confidential Information". Confidential Information shall mean all information, in whole or in part, that is disclosed by Revelstoke Mountain CoLab Society, any member or user of the Services, that is non-public, confidential, or proprietary in nature.
All confidential information remains the sole and exclusive property of Revelstoke Mountain CoLab Society or the respective disclosing party. You acknowledge and agree that nothing in this T&C or your participation or use of the Services will be construed as granting any rights to you, by license or otherwise, in or to any Confidential Information or any patent, copyright, or other intellectual property proprietary rights of Revelstoke Mountain CoLab Society or any member or user of the Services.
Your participation in and/or use of the Services obligates you to maintain all Confidential Information in strict confidence (including not disclosing Confidential Information to any third parties) and not use in any way, directly or indirectly, Confidential Information that is not yours.
Section 10 - Authorized Disclosure of Information
Revelstoke Mountain CoLab Society reserves the right at all times to disclose any information about you, your participation in and use of the Services as Revelstoke Mountain CoLab Society deems necessary to satisfy any applicable law, regulation, legal process, or governmental request.
Section 11 - Disclaimer of Warranties
We do not guarantee, represent, or warrant that your use of the Services will be uninterrupted, timely, secure, or error-free.
You agree that from time to time we may remove the Services for indefinite periods of time or cancel the Service at any time, without notice to you.
The Services are (except as expressly stated by Revelstoke Mountain CoLab Society) provided ‘as is’ and ‘as available’ for your use, without any representation, warranties, or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement. You expressly agree that your use of, or inability to use, the Services is at your sole risk.
Section 12 - Limitation of Liability
To the maximum extent permitted by the applicable law, in no event shall Revelstoke Mountain CoLab Society or its subsidiaries (whether or not wholly owned), affiliates, divisions, and their past, present, and future directors, officers, agents, shareholders, members, representatives, employees, interns, volunteers, contractors, licensors, service providers, suppliers, successors, and assigns, jointly and individually be liable for any direct, special, incidental, indirect, punitive, incidental, consequential, or other damages whatsoever (including, but not limited to damages for: loss of profits, loss of revenue, loss of confidential or other information or data, business interruption, personal injury, damage to property, theft, loss of privacy, failure to meet any duty (including of good faith or of reasonable care, negligence, and any other pecuniary or other loss whatsoever), whether based in contract, tort (including negligence), strict liability or otherwise, arising out of or in any way related to the participation in or inability to participate in or use of the Services, the provision of or failure to provide Services, or otherwise under or in connection with any provision of this agreement, even in the event of the fault, tort (including negligence), strict liability, breach of contract or breach of warranty of Revelstoke Mountain CoLab Society, and even if Revelstoke Mountain CoLab Society has been advised of the possibility of such damages.
As a user, you are not required but it is strongly suggested that you carry an insurance policy to cover your own equipment while using our space.
Section 13 - Indemnification
You release, and hereby agree to indemnify, defend, and save harmless Revelstoke Mountain CoLab Society and Revelstoke Mountain CoLab Society subsidiaries (whether or not wholly owned), affiliates, divisions, and their past, present, and future directors, officers, agents, shareholders, members, representatives, employees, interns, volunteers, contractors, licensors, service providers, suppliers, successors and assigns, jointly and individually, from and against all claims, liabilities, losses, damages, costs, expenses, judgments, fines and penalties (including reasonable attorneys’ fees) based upon or arising out of your breach of these T&C or the documents referenced herein, your violation of any law, or your negligent actions, errors and omissions, willful misconduct and fraud in connection with the participation in or use of the Services. You further agree in the event that you bring a claim or lawsuit in violation of this agreement, you shall be liable for any attorney fees and costs incurred by Revelstoke Mountain CoLab Society or its respective officers and agents in connection with the defense of such claim or lawsuit.
Section 14 - Severability
In the event that any provision or portion of this T&C is determined to be invalid, illegal or unenforceable for any reason, in whole or in part, the remaining provisions of this T&C shall be unaffected thereby and shall remain in full force and effect to the fullest extent permitted by applicable law.
Section 15 - No Waiver
The failure of Revelstoke Mountain CoLab Society to exercise or enforce any right or provision of these T&C shall not constitute a waiver of such right or provision.
Section 16 - Entire Agreement
These T&C and any policies or operating rules posted by Revelstoke Mountain CoLab Society on its website or in respect to the Services constitute the entire agreement and understanding between you and Revelstoke Mountain CoLab Society and govern your use of the Services, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and Revelstoke Mountain CoLab Society (including any prior versions of the T&C).
Section 17 - Headings
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
Section 18 - Governing Law
These T&C shall be governed by and construed in accordance with the laws of British Columbia, Canada.
Section 19 - Contact Information
Questions about the T&C may be sent to Revelstoke Mountain CoLab Society at email@example.com.
Annex 1 - Revelstoke Mountain CoLab Official Policies
Provide friendly, affordable, safe and collaborative work space to our members.
- Mountain CoLab has a mandate to fill every seat in the space with an engaged member that enriches the collaborative community.
- There is an official floor plan with the number of seats available for hot-desk use, dedicated-desk use, and office-desk use. Office desks are not private and will be shared with the number of coworkers pre-determined to be suited to fit in each office according to the floor plan. Hot-desk space is deemed to be any seat in the open space not occupied by a dedicated-desk assignment (either the black or white padded Eames chairs). Dedicated- and office-desk members are not to occupy hot desk seats.
- Memberships are not interchangeable.
- Office- and dedicated-desk assignment is at the discretion of Mountain CoLab. Once assigned an office or dedicated desk, a member has the right to keep that specific seat unless they fail to abide by the Terms & Conditions, Code of Conduct, Official Policies, or they fail to pay. Mountain CoLab may, at its discretion, relocate an assigned office or dedicated desk during emergency times, or if the space is being reconfigured or renovated, or there are irreconcilable conflicts between members.
- Mountain CoLab will make every reasonable effort to put compatible coworkers together in dedicated- and office-desk arrangements.
- Mountain CoLab asks, in good faith, for a three-month commitment for office-desk membership before such members revert to month-to-month payment and cancellation terms.
- Office- and dedicated-desk members must inform the Executive Director in writing (via e-mail or Slack) of any anticipated absence of more than one month from their assigned seat. If a dedicated- or office-desk member will be absent for more than one month, Mountain CoLab may temporarily assign another member to that seat who will assume payment for it. A dedicated- or office-desk member may hold their seat for a maximum absence of six months before it becomes forfeit. The original assignee of the seat must give 30 days notice of return prior to re-assuming their seat from the temporarily assigned member. To maintain assignment of a dedicated or office desk, a member must occupy it in a semi-permanent way, defined as: using the assigned seat at least half the business days of the month.
- For businesses and organizations with employees (also called team members), Mountain CoLab, at its discretion, may require proof of employment or a contract term. Team members must adhere to Terms & Conditions, Code of Conduct, and Official Policies. Team members may use hot-desk level memberships, but cannot be guaranteed seat space at this tier of membership. Team members using a dedicated- or office-desk membership are required to occupy the seat Mountain CoLab assigns them under the same conditions as outlined for regular members.
- For non-members to book the Mountain CoLab open space for an event, or to rent the meeting room, one active Mountain CoLab member must be present during the event or meeting to act as host. Fees will apply to all open-space bookings, and all non-member boardroom bookings. These bookings are subject to approval by a space manager or the Executive Director.
- Non-member rentals of the meeting room during regular business hours are limited to a maximum of one two-hour block per day.
- Active Members may book the boardroom at no additional cost to their monthly membership. Boardroom use is reserved online, via Mountain CoLab’s website. If a member uses the boardroom without a booking, they may be asked to leave by someone with a legitimate booking, and are expected to politely comply. As a courtesy to other members, in the interest of maintaining reasonable availability, the boardroom should not be booked for more than two consecutive hours at a time by any one member during business hours (Monday to Friday 8:00 a.m. to 6:00 p.m., excluding holidays). If, under certain circumstances, a member requires a booking of longer than two hours during these times, that member is expected to take reasonable measures to ensure sure this does not conflict with other members’ fair use of the meeting room. Members can self-manage via Mountain CoLab’s Slack channel.
- The meeting room may only be used as a meeting place, no permanent installation of office equipment or personal effects is allowed.
- Events and meetings must not interfere with the quiet enjoyment of Mountain CoLab by its members during regular business hours (8 a.m. to 6 p.m. Monday to Friday, excluding holidays).
- Hosts of events and meetings are responsible for overseeing that the space is respected and left as it was found before the event, without displacing members’ personal items or equipment.
- It is CoLab policy that those considering a membership for the first time may have one free day trial in the hot-desk area.
- Members may meet with visitors for business purposes in the CoLab so long as it does not disrupt other members’ quiet enjoyment of Mountain CoLab. Meeting with visitors should preferably take place in the meeting room. Members may not provide visitors work space in Mountain CoLab, all use of the space is to be paid for.
- All personal property, supplies, equipment, decorations, or art left in Mountain CoLab after a membership has terminated are forfeit to Mountain CoLab if not collected within one month of the membership termination.
- Mountain CoLab will provide chairs to hot-desk and dedicated-desk users. Hot-desk users must use the white (side 201) and black (side 202) Eamers-style padded chairs provided by the CoLab, and not leave anything in the space, nor use monitors. Dedicated-desk users are permitted to bring their own chairs, and keep a small amount of supplies or equipment (i.e. a monitor) that doesn’t take up more space than one member should reasonably take. Office-desk users may not take white or black hot-desk chairs into their offices, they are for the hot-desk area only. Mountain CoLab has a limited supply of furniture for office-desk users, who may need to provide their own furniture.
- Members may request the Board of Directors make an exception to any and all of these policies by writing to the executive Director via e-mail or Slack. The Board of Directors may grant an exception under special circumstances at its own discretion.
- Office Desk and Dedicated desk members are required to give a 30-day notice. Hot Desk members way cancel at any time but we do not offer refund. It is your responsibility to cancel your monthly membership when you choose to stop using the space. Your lifetime membership will never be canceled.
Annex 2 - Revelstoke Mountain CoLab Code of Conduct
Provide friendly, affordable, safe and collaborative work space to our members.
The Serious Stuff
- Mountain CoLab is a place to work, share ideas, collaborate, network and enrich our community, region, and world. Every member has something to contribute, and every member has value. But every member also has a responsibility to behave appropriately within the shared space. Mountain CoLab is committed to providing a safe and productive work venue that values diversity and inclusion. Any and all persons who enter the CoLab shall, foremost, treat all others within the space with respect and dignity. This includes all members, staff, volunteers, event renters, program participants, guests, and service providers. Mountain CoLab does not accept discrimination or harassment and has a zero-tolerance policy for the following:
- Harassment: Deliberate intimidation; stalking; following; harassing photography or recording; displaying sexual images in public spaces; disruption of events; aggressive, derogatory, or threatening comments; and unwanted physical contact or sexual attention.
- Destructive behaviour: Damaging or altering any part of the building, inside or out, including furniture, equipment, or other people’s belongings.
- Theft: Intentionally taking others’ personal property, or that of the CoLab.
- Physical violence: Intentional or unintentional physical force, statement, or behaviour that is reasonable to interpret as a threat. Anyone who believes they are at risk of violence including domestic violence, must immediately advise a CoLab Director (see complaint resolution process at the end of this document). No physical aggression will be tolerated in our space.
- Psychological and Emotional Violence: Characterized by a person subjecting, or exposing, another person to behaviour that may result in psychological trauma, including anxiety, chronic depression, or post-traumatic stress disorder.
- Exclusionary actions: Denying certain participants opportunities to share views, skills, and other contributions; and creating or reinforcing an inequitable working and learning environment.
- Oppressive behaviour: Any conduct that demeans, marginalizes, rejects, threatens, or harms anyone on the basis of identity, background, race, gender, socioeconomic status, appearance, or ability.
THE NITTY GRITTY
- If you are sick, or suspect you might be sick, do not come to the CoLab. The Board of Directors and Executive Director can immediately remove a sick or suspected-sick person from the space. They can also suspend or terminate membership for violating this rule.
- Do not leave shoes or jackets in the foyer, it violates fire code. Make use of the hooks and shoe racks inside the door to each side of the CoLab. Remove outdoor footwear when in the CoLab.
- You are allowed to make calls. The CoLab is a shared space where people do business, and phone calls are part of this. Expect people to be on the phone. If possible, make and take phone calls in the phone booths or meeting room. If on the phone in the open space, please use your most respectful tenor and don’t be louder than you need to be. Please only take necessary business calls, and do not take unnecessary personal calls. Lengthy conference calls should be taken in the phone booths, or meeting room—the latter of which is bookable online. Work requiring a member to consistently be on the phone a significant amount of the work day is likely not compatible with the hot-desk and dedicated-desk open space. In the open space, calls should be intermittent, and not constant. If a member’s use of phone time is consistently interfering with other members’ quiet enjoyment of the space, they may be asked to leave the open space and get on the waiting list for an office desk. Avoid taking phone calls in the foyer, it is a high-traffic area.
- Conversation is part of a collaborative environment, and members should expect the CoLab to hum at a manageable volume. That said, conversation that’s not collaborative or work-oriented in nature may be unnecessarily disruptive; members should limit these kinds of exchanges. Use common sense.
- Mountain CoLab will not post photos of any of its members on social media without their express consent, nor otherwise refer to or represent its members or their businesses on any of the CoLab’s digital channels or properties, or in its marketing material, without their express consent. Members must follow the same rules amongst themselves. Refer to Terms & Conditions for broader confidentiality requirements within the space, and use common sense to respect each other’s privacy to the most reasonable extent possible within a shared space.
- Please be sensitive to how sounds from eating certain foods might disturb coworkers: like crunching baby carrots slowly for 40 minutes. This is a work space and not an eating space. Eating at work is a privilege, don’t lose it.
- Do not play music or sound from videos in the CoLab. Use headphones that do not let noise escape.
- As a member, you share the responsibility of helping keep the space clean. If you make a mess, clean it up. If you don’t know where the cleaning stuff is, ask the manager, a director or another member. If you see someone make a mess, call them out on it. We pay for cleaning by the hour, the more expensive it is, the more expensive memberships become.
- We live in an adventure town, we’re all active and eat a lot. Both of these things produce smells, especially if you just came to work from skiing or a bike ride, then microwaved a giant plate of eggplant curry. Please be sensitive about bringing smells into the space that might disturb your coworkers. Use common sense.
- The office-wide ritual is to take 10 minutes to socialize at 10 a.m. every business day. Members are of course free to abstain, but should expect the event to occur, and not be inconvenienced by those who partake.
- The office-wide ritual is that every Friday (excluding holidays), there will be a social hour in the open space beginning at 4:00 p.m. Members are of course free to abstain, but should expect the event to occur, and not be inconvenienced by those who partake.
- We don’t have a receptionist. If someone enters the CoLab inquiring about the space, please introduce them to the Executive Director, or a Director. If there is no Executive Director or Director present, and you’re available to show the space, please help us sell more memberships, as we all cross-subsidize this space for each other. If you’re busy and no one else is available, tell the person inquiring they’re free to have a look around, and they can book a formal tour via the email address on our website. People considering the CoLab as their workspace are entitled to one free trial day.
- If there’s a delivery, the manager or a director isn’t present, and you’re available, please sign for it. Please also take responsibility for signing for it: ensure the package doesn’t look damaged, and all numbers of parcels indicated in the delivery are there (i.e. if the delivery says 1 of 3, there should be three parcels). Hot-desk users don’t generally get deliveries, if they do, leave them with the Executive Director or a Director. You can leave packages for dedicated- and office-desk users in the best place for that member that seems safe and reasonable, i.e. by their door or in their seat. Use common sense.
- Please let the Executive Director or a Director know if we’re running out of toilet paper, paper towels, printer paper, toner, or any other necessity.
- Please turn off all the lights and air conditioners if you’re the last person leaving for the night.
- To make a complaint or report harassment, contact the Executive Director or any Director in person or in writing. Contact information is listed on the website. Members may also report through Slack, and the Mountain CoLab general email, listed on the website. If a complainant wishes to proceed with a resolution process, that complaint will have to be in writing. The Board of Directors may mediate minor complaints on behalf of members who wish to remain anonymous to avoid direct conflicts amongst members. In the case of serious issues and harassment, the board will take every step possible to protect the privacy of victims through the complaint-resolution process, within the scope of the law.
- Full consensus of the Board of Directors is required to remove a member from Mountain CoLab who is found in violation of its Terms and Conditions, Code of Conduct, or Official Policies.