Wedding ProStudios LLC
Last Updated May 30, 2021
1) DESCRIPTION OF SERVICES. Company may provide You with access to office space, workstations, Internet access, office equipment, conference space, knowledge resources, and other services as Company may provide from time to time (collectively, “Services”). The Services at all times are subject to the TOU.
Company provides at Premises 3 conference spaces branded as “ProStudio Rooms” (the “ProStudio Rooms”).
a) ProStudio Rooms. The Member shall be given access to any of the 3 ProStudio Rooms located on the Premises on a first come, first serve basis limited to individual ProStudio Room(s) availability and business hours of operation.
b) Coffee and Refreshments. The Member shall have access and will be made available up to 4 cups of coffee per booking and be provided other refreshments as designated by the Company. Coffee and Refreshments availability may change from time-to-time.
c) Internet Access. The Company shall provide premium internet access to the Members by supplying a Wi-Fi Username and Password upon becoming a Member. Internet usage is limited to only when Member is present at the Premises. Member agrees to not disclose any passwords or identifying information with others.
d) Printing & Copying. If the Member should request to have any documents printed or copied it shall be at a rate of $0.25 per black & white and $0.75 per color.
e) Workstations. Use of any of the workstations, meeting areas, or call areas located within the Premises on a first come, first serve basis during regular business hours.
2) PROSTUDIO ROOM USAGE & BOOKING. ProStudio Rooms are limited to members and their guests. Company shall not be held liable if damage of any type occurs to Member’s or their guests personal property or equipment when using Company equipment or while on Company Premises. Cost to replace and/or repair lost or damaged Company equipment, furniture, items, or materials caused by Member or Member’s Guests will be billed by Company to Member’s credit card on file.
Being a Member of the Premises grants the privilege and use in common with other Members on the Premises. The Member understands the use of the Premises is determined by each Member’s agreement with the Company. In no way does the term “co-working” or “share meeting space” or any other term used suggest that the rights of any member is equal to another.
a) Capacity. Individual ProStudio Rooms at Premises will be limited to up to 4 people at any given time, including the Member. If Member needs to have more than 4 people present during the use of the ProStudio Room permission must be requested at least 24-hours prior to scheduled booking from Company and Company retains sole discretion to approve or deny request.
b) Guests. Member shall include all Guests’ names at time of scheduling and booking reservation. Guests are not allowed to enter ProStudio Rooms without Member being present. Member is responsible for the actions of Member’s guests and assumes all liability on their behalf. Guests shall abide by these same TOU. Violation by Guests of any of the TOU will be immediate cause for removal from Premises.
c) Booking. Member must schedule and reserve a time for usage of any available ProStudio Room in increments of no less than 30 minutes via the website portal or mobile App (the “Booking Time”). If the Member should request additional time:
i) It shall be at a rate stated as “Per Hour Fee” on their Membership Plan or deducted from Member’s monthly credits included with selected Membership Plan.
ii) Member understands that the ProStudio Room being used may already be booked to another member and additional hours may not be made available at such time.
d) Usage Time. Member agrees to limit the use of the ProStudio Room to the period of length of time reserved by Member. Access to ProStudio Room will not be provided prior to the scheduled start time. Upon reaching the end time of the scheduled reserved time Member and Member’s guests must leave ProStudio Room in a timely manner and no later than the end time scheduled.
i) Delays. In the event Member or Member’s guests delay the use of the ProStudio Room by not clearing out by the end of the scheduled time a fee equal to 1-hour rental rate will be billed to Member’s credit card on file. If delays in clearing out the ProStudio Room by Member or Member’s guests becomes a repetitive occurrence membership may be revoked by Company at Company’s discretion.
e) Booking Cancellations. To avoid being charged for the reservation Member is required to cancel the scheduled booking 2 hours prior to the start of the Booking Time via the App or the website.
f) Prohibited Items. At no time will Member bring into Premises any items or materials that are hazardous, emit odors, create or generate loud noise, block walkways or points of entry, may cause harm to others, or create a disturbance to others; these materials and items are considered to be “Prohibited Items”. Bringing any Prohibited Items into Premises may cause Member to default on reserved timeslot without refund, but not limited to cause termination of Member’s membership without refund at Company’s discretion.
g) Cleaning. Member agrees to maintain room organized and clean prior to checking-out. Member agrees to allow enough time during the allocated Booking Time to allow for cleaning up and retrieving all personal items or materials. In the event the cleaning and/or removal of Member’s personal items or materials exceeds the time allocated for the Booking Time, Member shall be held to the terms of section d) subsection i). In the event Member fails to return ProStudio Room clean and free of any personal materials or items, Member will be charged a fee of no less than $50 for cleaning.
h) Equipment.ProStudio Rooms are equipped with a table with seating for 4, disposable basket, Smart Television with remote control, Dry Erase Board with markers and eraser, and Air Purifier for Members use. Limitations of use apply to the following items:
i) Smart Television. Member is limited to use equipment to “Cast” or “Project” from member’s personal smartphone or laptop or similar compatible device. Member may connect to personal equipment via hardwire made available by Company, at Company’s discretion. Member will not disconnect, remove or replace any hardware, such as wires and/or cables attached to the equipment. Company will make best efforts to maintain latest available technology for Member’s use and Member is solely responsible for providing a compatible device to work with available equipment on Premises. Member shall not adjust settings, picture, volume or use the equipment for any other used other than that defined above. Member will handle equipment with care and not remove equipment from its permanent location or Premises.
(1) Remote Control. Member will be provided a remote control upon check-in with Company staff at Premises. Member is responsible for returning the remote control in the same quality as it was provided.
ii) Dry Erase Board. Member agrees to only use dry erase markers provided to Member by Company staff upon check-in. Member will handle board, markers and eraser with care and avoid damaging equipment. Member will return markers and eraser to Company staff at Premises upon check-out.
iii) Air Purifier. Member agrees to not adjust settings of the equipment without permission from Company staff on Premises. Member also agrees to no unplug, relocate, cover or move equipment without Company staff on Premises.
3) BUSINESS HOURS & DAYS.
The business hours of the Premises shall be the following:
Days: Monday through Sunday
Start Time: 9:00 AM
End Time: 7:00 PM
During such hours, the Member agrees to keep their noise level so as not to interfere with or annoy the other members on the Premises. It is required that the common areas be meant to initializing a phone call with any conversations lasting for more than thirty (30) seconds to be handled away from the other members.
Premises will be closed to all Members on the following Holidays of the Year:
New Year’s Day
4) NO UNLAWFUL OR PROHIBITED USE. As a condition of your use of the Services, you will not use the Services for any purpose that is unlawful or prohibited by these terms, conditions and notices. You may not use the Services in any manner that could damage, disable, overburden, or impair any New Work City server, or the network(s) connected to any Company server, or interfere with any other party’s use and enjoyment of any Services. You may not attempt to gain unauthorized access to any Services, or accounts, computer systems or networks connected to any Company 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 TOU 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.
5) USE OF SERVICE. You agree that when participating in or using the Services, you will not:
a) Use the Services in connection with contests, pyramid schemes, chain letters, junk email, spamming or any duplicative or unsolicited message (commercial or otherwise);
b) Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others;
c) Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, obscene, indecent or unlawful topic, name, material or information on or through the Company;
d) Upload, or otherwise make available, files that contain images, photographs, software or other material protected by intellectual property laws, including, by way of example, and not as limitation, copyright or trademark laws (or by rights of privacy or publicity) unless you own or control the rights thereto or have received all necessary consent to do the same;
e) Use any material or information, including images or photographs, which are made available through the Services in any manner that infringes any copyright, trademark, patent, trade secret, or other proprietary right of any party;
f) Upload files that contain viruses, Trojan Horses, worms, time bombs, cancelbots, corrupted files, or any other similar software or programs that may damage the operation of another’s computer or property of another;
g) Download any file(s) that you know, or reasonably should know, cannot be legally reproduced, displayed, performed, and/or distributed in such manner;
h) Restrict or inhibit any other user from using and enjoying the Services;
i) Violate any code of conduct of other guidelines which may be applicable for any particular Service (including the Building Rules for The Barnyard Shopping Village);
j) Harvest or otherwise collect information about others, including email addresses, without the authorization or consent of the disclosing party;
k) Violate any applicable laws or regulations; and
l) Create a false identity for the purpose of misleading others.
m) No member may conduct any activity within the Premises that, in the sole judgment of the Company, create excessive traffic or be inappropriate to the other members experience;
n) No member may advertise or have identifying signs or notices that are inscribed, painted, or affixed on any part of the Premises without the express written consent of the Company;
o) All Members shall keep clean any common areas after use. This includes, but is not limited to, ProStudio Rooms, call areas, coffee and snack areas, visual equipment, and any other space that may be used by another member;
p) All members are prohibited from smoking in any area of the Premises; and
q) All members are to operate in a way that is courteous with all other individuals.
The Company reserves the right to make other reasonable rules and regulations from time to time in order to promote a good co-working environment amongst the members.
6) Company reserves the right at all times to disclose any information about you, your participation in and use of the Services as Company deems necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in Company’s sole discretion.
a) 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 Company, or any participant or user of the Services or any employee, affiliate, or agent thereof, that is nonpublic, confidential or proprietary in nature.
b) Confidential Information also includes, without limitation, information about business, sales, operations, know-how, trade secrets, technology, products, employees, customers, marketing plans, financial information, services, business affairs, any knowledge gained through examination or observation of or access to the facilities, computer systems and/or books and records of Company, any analyses, compilations, studies or other documents prepared by Company or otherwise derived in any manner from the Confidential Information and any information that you are obligated to keep confidential or know or has reason to know should be treated as confidential.
c) Your participation in and/or use of the Services obligates you to
i) maintain all Confidential Information in strict confidence;
ii) not to disclose Confidential Information to any third parties;
iii) not to use the Confidential Information in any way directly or indirectly detrimental to Company, or any participant or user of the Services.
d) All Confidential Information remains the sole and exclusive property of Company or the respective disclosing party. You acknowledge and agree that nothing in this TOU 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 or proprietary rights of Company, or any participant or us of the Service
8) PARTICIPATION IN OR USE OF SERVICE. Membership shall commence on the date payment is received by Member, unless otherwise noted by either Parties.
Member acknowledges that Member is participating in or using the Services at own free will and decision. Member acknowledges that Company does not have any liability with respect to Member’s access, participation in, use of the Services, or any loss of information resulting from such participation or use.
9) MEMBERSHIP PAYMENT TERMS & OPTIONS. Company provides several Membership Plans (the “Plan”) options which may or may not include different tier options in pricing, terms, benefits, inclusions or exclusions of Services or products. For current membership plans available please visit https://www.weddingprostudios.com/carmelplans.
a) Payment. Membership is month-to-month billable and due on the 1st of every month. Member agrees to provide and maintain a credit card on file to automatically charge the Membership Fee for the upcoming billing cycle.
b) Default. In the event Member’s credit card on file is declined, Member’s Services will be suspended until Member is able to provide a replacement credit card.
c) Changes by Member. Member has the option to upgrade the Plan at any time during the same billing and/or current billing cycle. Plans cannot be changed for a lower Plan until Member’s next billing cycle.
d) Changes by Company. Company reserves the right to increase or lower pricing, terms, change, alter, modify, or remove Plan(s) as it may deem necessary at Company’s own discretion. Any changes to Plans will be provided in writing to Members at least 30-days prior to taking effect.
10) SECURITY DEPOSIT. The Member shall be required to pay a Security Deposit as part of their Membership equal to their selected Membership Plan first month rate, excludes prorated rates.
11) LATE PAYMENT FEES & COLLECTIONS. If any payment or charges due by the Member to the Company for Services or products other then monthly membership fee and are not made within 21 calendar days, the Company shall charge a late fee in the amount of equal to a percentage of the balance as allowed by law and local jurisdictions.
12) OTHER FEES. The Member may be obligated to pay additional fees for Services or products offered to Member that are not included in the Membership Plan. These fees vary in types of Services and products consumed or purchased by Member or the guests of the Member that Company may offer at its own discretion.
13) MORAL CLAUSE. Member shall not In addition to and not in limitation of any of the rights or remedies available to Company hereunder, if during the term of membership Member shall be charged with the commission of any act which is an offense involving moral turpitude under federal, state or local laws, or should Member commit any act which would reasonably and objectively bring Company or its products into disrepute, contempt, scandal or ridicule, at any time, then Company shall be entitled to terminate Member’s membership without due process and be effective immediately. Company shall no longer be responsible for providing a refund or credits to Member for any membership fees paid.
14) SURVEILLANCE. Company uses 24-hour camera surveillance throughout the Premises to assist in maintenance, management and to provide a safe meeting space for members and their guests.
15) PETS.The Company does not allow pets on the Premises at any time except for those legally allowed under State law for individuals with disabilities.
16) DISCLAIMER OF WARRANTIES.
To the maximum extent permitted by applicable law, Company provides the services “as is” and with all faults, and hereby disclaim with respect to the services all warranties and conditions, whether express, implied or statutory, including, but not limited to, any (if any) warranties, duties or conditions of or related to: merchantability, fitness for a particular purpose, lack of viruses, accuracy or completeness of responses, results, workmanlike effort and lack of negligence. Also, there is no warranty, duty or condition of title, quiet enjoyment, quiet possession, correspondence to description or non-infringement. The entire risk as to the quality, or arising out of participation in or the use of the services, remains with you.
17) EXCLUSION OF INCIDENTAL, CONSEQUENTIAL AND CERTAIN OTHER DAMAGES.
To the maximum extent permitted by applicable law, in no event shall Company or its subsidiaries (whether or not wholly-owned), affiliates, divisions, and their past, present and future officers, agents, shareholders, members, representatives, employees, successors and assigns, jointly or individually be liable for any direct, special, incidental, indirect, punitive, consequential or other damages whatsoever (including, but not limited to, damages for: loss of 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 pecuniary or other loss whatsoever) 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 Company, and even if Company has been advised of the possibility of such damages. Because some states/jurisdictions do not allow the exclusion or limitation of liability, for consequential or incidental damages, the above limitation may not apply to you.
18) LIMITATION OF LIABILITY AND REMEDIES.
Notwithstanding any damages that you might incur for any reason whatsoever (including, without limitation, all damages referenced above and all direct or general damages), the entire liability of Company or its subsidiaries (whether or not wholly-owned), affiliates, divisions, and their past, present and future officers, agents, shareholders, members, representatives, employees, successors and assigns under any provision of this TOU and your exclusive remedy for all of the foregoing shall be limited to actual damages incurred by you based on reasonable reliance up to ten dollars (USD $10.00). The foregoing limitations, exclusions and disclaimers (including sections 8 and 9 above) shall apply to the maximum extent permitted by applicable law, even if any remedy fails its essential purpose.
Company reserves the right to terminate any Service at any time. Company further reserves the right to terminate your participation in and use of any Services, immediately and without notice, if you fail to comply with the TOU.
You release, and hereby agree to indemnify, defend and save harmless Company and Company’s subsidiaries (whether or not wholly-owned), affiliates, divisions, and their past, present and future officers, agents, shareholders, members, representatives, employees, successors and assigns, jointly and individually, from and against all claims, liabilities, losses, damages, costs, expenses, judgments, fines and penalties based upon or arising out of 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 attorneys’ fees and costs incurred by Company or its respective officers and agents in connection with the defense of such claim or lawsuit.
In the event that any provision or portion of this TOU is determined to be invalid, illegal or unenforceable for any reason, in whole or in part, the remaining provisions of this TOU shall be unaffected thereby and shall remain in full force and effect to the fullest extent permitted by applicable law.
Company will carry General Liability insurance. As a user, it is strongly suggested that you carry a Renters Insurance policy to cover your own equipment while using our Premises.
23) TRANSLATION INTERPRETATION.
These Terms and Conditions may have been translated if We have made them available to You on our Service. You agree that the original English text shall prevail in the case of a dispute.
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, in whole or in part, please stop using the website and the Service.
If you have any questions about these Terms and Conditions, You can contact us:
By email: firstname.lastname@example.org