Work It LLC
This Membership Agreement (“Agreement”) is effective upon creating an account with Work it. It is between Work It LLC, a Minnesota limited liability company (“Work It”), and you.
- Use You will have access to the Work It facility, located at 635 Fairview Ave. N., St. Paul, MN (“Facility”) according to the type(s) of membership and services you have purchased.:
- Term. The Membership will [O1]begin after you have:
- Signed this Agreement
- Made an initial payment
- Completed orientation at the Facility
and will continue until terminated in accordance with this Agreement.
- Termination. Either Work It or the Member may terminate the Membership for any reason on 30 days’ written notice. Work It may terminate the Membership immediately for cause.
- Policies. Work It will communicate policies to you from time to time, through various means. You are bound by Work It’s policies, which will be available to you, both via the Policies and Procedures page and otherwise. You should check the Policies and Procedures page frequently for updates and changes and ask Work It staff if you have any questions about a given policy or procedure.
- Payment. You agree to pay[O2][O3] [O4] Work It the fee associated with your use as indicated by the website. For drop in use payment is due at the time of departure from the facility premises. For memberships payment is due the 1st or 16th of each month and may be prorated if verbally agreed to by member and Work it. Unless otherwise agreed upon payments must be made via credit card or other electronic payment on file. You agree that Work It may withdraw funds from the card on file each month for the Monthly Fee, along with any additional amounts that you owe Work It. Your Monthly Fees must be kept current; if you have not made payment in full, you will not be permitted to use Work its facility until your account is brought up to date.
- Purpose. You agree to use Work It only for lawful purposes. You will not use Work It for any unlawful purpose, including anything that may damage or interfere with the Facility or the ability of other people to use the Facility. You agree to use the fitness equipment responsibly and have agreed or will agree, in writing, to waive any claim you may have against Work It for injuries you sustain or cause or that are otherwise associated with your use of the Facility.
- Privacy. You will respect the privacy of the other Work It members and the Work It staff. You will not intentionally access any information or systems for which you are not an intended or permitted user. If you gain access to information or systems, through whatever means, which you should reasonably know are private, you will cease such access as quickly as possible, and take reasonable measures to inform the owner of the access.
- Confidentiality. You may come in to contact with the confidential information of other people during your Membership. Confidential information includes information that is not public, and information that you have reason to know (or should have reason to know) is confidential or proprietary in nature. You agree that you will keep such information confidential and will not disclose it to any other person or use it for any purpose. You agree to return and/or destroy any such information upon legitimate request of its owner.
- Authority. By signing this Agreement, you represent that you have the authority to be a Member and doing so will not infringe on the rights of any third parties. You also acknowledge and agree that you do not have the authority to bind Work It or any other Members by virtue of this Agreement or your Membership.
- Insurance. Work It carries general liability insurance, which covers the Facility. You should carry your own insurance to cover your personal property that you use while at the Facility.
- Photo Release. You agree that Work It may take photographs and video, and may stream or record your likeness through other means. You agree that Work It may use any such recordings or likenesses for any purpose and without restriction, in any form or media, and whether or not altered.
- Maintenance. You must do your part to maintain the Facility in a clean and working condition. Throw away your trash, clean up your spills, put away your items when you’re done with them, etc. If there is a problem with the Facility that you did not cause or cannot fix, let Work It staff know right away.
- Disclaimer. THIS COWORKING SERVICE IS PROVIDED “AS IS.” YOUR MEMBERSHIP IS A SERVICE ONLY. IT IS NOT A LEASE OF REAL PROPERTY. WORK IT DISCLAIMS ALL WARRANTIES AND CONDITIONS, WHETHER EXPRESS, IMPLIED, OR STATUTORY. THESE INCLUDE, BUT ARE NOT LIMITED TO: MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE OR USE. THE ENTIRE RISK OF PARTICIPATING IN OR USING THE MEMBERSHIP AND/OR WORK IT’S OTHER SERVICES, IF ANY, REMAINS WITH YOU.
- Limitation of Liability. IN NO EVENT SHALL WORK IT OR ITS AGENTS, OWNERS, MEMBERS, EMPLOYEES, CONTRACTORS, AFFILIATES, OR OTHER RELATED PARTIES (“RELATED PARTIES”) BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, CONSEQUENTIAL, OR OTHER DAMAGES OF ANY KIND ARISING OUT OF OR IN ANY WAY RELATED TO THE SERVICES WORK IT PROVIDES, YOUR MEMBERSHIP AND/OR THIS AGREEMENT.
THE TOTAL LIABILITY OF WORK IT AND RELATED PARTIES, AND YOUR TOTAL AND EXCLUSIVE REMEDY FOR ANY DAMAGES YOU MIGHT INCUR FOR ANY REASON WILL BE LIMITED TO YOUR ACTUAL DAMAGES, NOT TO EXCEED $100. THE DISCLAIMER(S) AND LIMITATION(S) OF LIABILITY CONTAINED IN THIS AGREEMENT SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY LAW, EVEN IF ANY REMEDY FAILS ITS ESSENTIAL PURPOSE.
- Indemnification. You agree to release, indemnify, defend, and hold harmless Work It and Related Parties from and against all claims, liabilities, losses, damages, expenses, judgments, fines and penalties based on or arising out of your willful or negligent actions, errors and omissions, fraud, breach of this Agreement, failure to comply with Work It policies, or other consequences of your Membership.
- Assignability. You may not assign this Agreement without Work It’s prior written consent. Work It may assign this Agreement in its sole discretion.
- Minnesota Law. This Agreement, and any disputes arising out of or related to it, will be governed by the laws of the State of Minnesota without regard to its conflicts of laws provisions. Any such disputes will be venued in the district courts located in Hennepin County, Minneapolis, Minnesota.
- Continued Waiver. Any waiver of a breach of this Agreement or a Work It policy or procedure will not be construed as a subsequent waiver of any future breach.
- Severability. If any part of this Agreement is determined to be unenforceable or invalid by a court of competent jurisdiction, the remainder of the Agreement will continue in full force and effect. The unenforceable or invalid portion may be stricken from the Agreement and replaced with a clause that best effectuates the parties’ intentions.
Policies and Procedures
- Hosting Non-Members. Members[O5] may host meetings with non members in accordance with the terms listed on their chosen membership without additional payment. A meeting is defined as actively engaging with each other. If the non member is working independently they are considered a drop in user and subject to stated drop in costs. Thereafter, Members must purchase a day-pass for non-members to remain at the Facility. Non-members must each review and sign a waiver before using the space and must abide by the Membership Agreement, Policies and Procedures, and other instructions of Work It staff, and good common sense.
- Events. Members may host events, subject to availability and approval by Work It prior to commencement of the event. Additional fees may apply depending on the nature of the event, number of people expected to attend, and availability of the Facility for such purpose.
- Pets. Work It maintains a dog-friendly facility. Members must maintain control over their dogs at all times. Dogs must be well-disposed to good behavior at the Facility. Dogs who show aggression, or are loud or distracting for any other reason may be asked to leave. Work It retains the right, at its sole discretion, to prohibit a given pet from being at or in the Facility. Pets other than dogs may use the Facility pursuant to the same rules and guidelines as set forth above, only with Work It’s prior approval[O6] [O7] .
- Children. Due to the safety concerns with Work its equipment users must obtain approval to bring minor children into the space. If approved users must remain with child at all times are solely responsible for their safety. User is financially responsible for any damaged caused by a child in the facility including cleaning of carpets and upholstery. The child may not interfere with other members’ ability to enjoy[O8] the Facility. Work It retains the right, at its sole discretion, to ask a user not to bring his or her child(ren) to the Facility[O9] .
- Shared Equipment. Users have full use of the shared equipment at the Facility, which includes the group printer, scanner, shredder and kitchen. Users must use the shared equipment responsibly, in the normal scope of use, and must do their part to maintain the shared equipment in good and workable condition. By signing this statement users understand that the kitchen is provided as an amenity for users if they chose. It is cleaned and maintained with the materials available onsite and is not cleaned to FDA standards.
- Safety & Surveillance. The Facility is under video surveillance. You should know that, while you and any non-members that you are hosting are in the Facility, you may be monitored and recorded. You are solely responsible for your own safety and the safety of your personal items while at the Facility. Storage lockers are available, for a fee, if you wish to lock up your belongings. Work It is not responsible for any theft, damage, or alteration of your person or personal items while at the Facility.
- Access to the Facility. Work It’s normal business hours are Monday – Friday from 7:30 am until 4:00 pm. Drop in Members and non-member guests must use the space only during normal business hours. Members with 24/7 - access may enter the Facility at any time, even during non-business hours, although hosting events during that time is subject to availability. Events may take place at the Facility outside of normal business hours.
By signing up, I acknowledge that I have voluntarily chosen to use the Work It Facility. The Work It Facility includes a number of fitness machines from which I may voluntarily choose to work or which I may otherwise choose to use. I am in suitable physical shape for such use. Any payments or Fees Work It has or may collect for my ability to use the Facility are non-refundable.
I further acknowledge that use of the fitness equipment and Facility may expose me to the below listed actions and risks, and that, as lawful consideration and for the right to use the fitness equipment and Facility, I hereby release and hold harmless Work It, it’s members, officers, directors, employees, contractors and assigns against all losses, damages or expenses of whatever form or nature, including attorneys’ fees and other costs of legal defense, whether direct or indirect, that I may sustain or incur as a result of any acts or omissions of Work It or any of it’s members, directors, officers, employees, or agents, including, but not limited to negligence or other tortious conduct.
Potential actions and risks may include, but not be limited to, the following: physical exertion for which I am not prepared; forces of nature; dangers and risks inherent in the type of activities set forth above; emotional trauma; disfigurement; temporary or permanent disability; death; equipment failures; negligent or willful acts or omissions by others; unexpected events; mechanical or construction failures or difficulties; acts of God; insufficient instruction or assistance; or any other actions, omissions, or conditions outside of Work It’s control.
All methods and processes used at the Facility are the confidential property of Work It. I am using the Facility for personal reasons only, and will not use any information obtained therein for commercial or other personal gain. Further, I will not share any information obtained with any person or company for commercial purposes.
I hereby agree not to sue Work It, or it’s owners, employees, members, managers, affiliated entities, agents, representatives, officers, directors, associates, volunteers, and successors and assigns for any liability, actions, causes of actions, debts, suits, claims and demands of any and every kind and nature whatsoever which I now have or which may hereafter arise out of or in connection with my use of the fitness equipment or Facility detailed herein.
I agree that to the extent consistent with applicable law, the maximum amount of recovery to which I may be permitted to recover from Work It shall not exceed Fifty Dollars ($50). To the maximum extent permitted under applicable law, Work It shall not be liable for any special, consequential, indirect, incidental or other damages, whether such damages arise in contract, negligence, tort, under statute, in equity, at law, or otherwise, even if Work It has been advised of the possibility of such damages. I expressly waive any right I or any of my family or heirs may have to recover such damages. If I, or any of my heirs, or anyone acting on their own in my behalf should bring such suit, I shall pay all attorney fees, related court fees and defense costs should I not prevail.
I agree that any dispute concerning, relating, or referring to this Waiver, shall be resolved exclusively by binding arbitration. The binding arbitration shall take place in Minneapolis, Minnesota, in accordance with the rules of the American Arbitration Association. Such proceedings will be governed by the laws of the State of Minnesota without regard to its conflicts of laws provisions. The arbitrator and not any federal, state or local court or agency shall have exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability, conscionability, or formation of this contract, including but not limited to any claim that all or any of this contract is void or voidable.
I have carefully read and understand the provisions and legal consequences of this Waiver and I hereby agree to all of the terms and conditions contained herein. I agree that this release and waiver is intended to be as broad and inclusive as permitted by the laws of the State of Minnesota and if any portion of this agreement is found to be void or unenforceable, the remaining portions shall remain in full force and effect.
I understand this is a legally binding and enforceable contract and sign it of my own free will. My signature applies to all portions of this Waiver.