Legal Agreement: Terms of Service
INVENTOPIA Terms of service
MEMBER PROGRAM CHARGES.
Standard Monthly Fee. Member shall pay the herefore indicated amount under the applicable level of membership identified. A 6 month minimum is required. Cancellation can be processed with 30 days notice.
Utility and Consumable Reimbursements. Member shall pay further amounts as determined by INVENTOPIA for above-average consumption of resources and utilities such as, (but not limited to) electricity, water, printing and welding consumables and tooling.
Members may be required to keep a credit card and blanket authorization on file for the payment of these charges.
While INVENTOPIA will make a reasonable effort to be fair and transparent in the pricing of these charges, the amounts charged shall be non-negotiable.
Late Fees. A late fee equal to 5% of the total amount owing by Member shall be charged on any outstanding amount owed which has not been paid within five (5) days of its due date.
First and Last Months Payment: New members will pay both their first and last month’s fees upon signing of their membership agreement. The last month’s payment will be applied to the customers’ account after they give 30-day notice of cancellation of their membership.
Place of Payment. Any payment due from Member to INVENTOPIA shall be made by check to:
Inventopia
1949 5th Street
Suite 110
Davis, CA 95616
Payments may also be made by credit card if desired by member or requested by INVENTOPIA
COMMUNITY STANDARDS AND POLICIES. Member shall be required to abide by INVENTOPIA’s policies and procedures, as promulgated from time to time, relating to the use of its building and facilities. Failure to do so may result in termination of this Agreement as provided in Section 7A below.
SAFETY & REGULATORY COMPLIANCE. Member is responsible for demonstrating that their operations on-site are in full regulatory compliance with all applicable federal, state, and local regulations and agree to engage INVENTOPIA’s safety officer at their own expense in the certification of a safety program for their project before work is allowed to proceed on-site. Members acknowledge that Inventopia’s safety officer has full discretion over the provision of a safe working environment at the site and has the authority to stop anyone’s work at any time, and the authority to terminate the membership of any member under Section 7A of this agreement for violation of established safety protocols.
PRIORITY OF USE. INVENTOPIA will make a reasonable effort to accommodate Member’s scheduling needs in the use of its facilities. However, in the event of a conflict arising between Members of INVENTOPIA in the use of its facilities, priority of use will be given to the Member whose monthly spend at INVENTOPIA is greater. Member will not be entitled to any recourse or damages of any kind whatsoever against INVENTOPIA or its tenants in the event Member is unable to use INVENTOPIA’s facilities at a particular date and time desired.
TERMINATION. This Agreement may be terminated for cause or without cause in the manner set forth herein. Upon termination, Member shall no longer be entitled to utilize any services of INVENTOPIA relating to the use of its facility, and must remove all materials stored on site within 10 business days.
- For Cause. This Agreement may be terminated by INVENTOPIA immediately in the event there is a breach of this Agreement by Member, a failure by Member to follow INVENTOPIA’s policies and procedures relating to the use of its building and facilities, or any conduct by Member that, in the sole discretion of INVENTOPIA, is deleterious or damaging to INVENTOPIA or any of its tenants.
- Without Cause. Either party may terminate this Agreement at any time upon giving the other party notice of its intent to terminate no less than thirty (30) days in advance of the date of termination.
INDEMNIFICATION. Member will indemnify and hold harmless and assume the defense of INVENTOPIA, its agents, employees and officials from any and all claims, liabilities, judgments, costs, damages and expenses of any nature whatsoever, including the cost of defending such claims, which may accrue against, be charged to, be recovered from or sought to be recovered from INVENTOPIA, its agents, employees and officers by reason of or on account of any personal injury, sickness, or death of any person or damage to property arising from Member’s use of the premises. Member shall also be responsible for any damage it, its employees, agents, representatives, or invitees may cause to the premises or to any personal or other property belonging to INVENTOPIA or its tenants that may be on such premises.
INSURANCE. Any member who brings on-site equipment, resources, or samples with a combined replacement value of over one thousand dollars ($1,000) is required to obtain insurance coverage against the full replacement cost of said materials, naming INVENTOPIA as an additional insured party, and is required to provide INVENTOPA with proof of such insurance. Failure to maintain such coverage may qualify a tenant for Termination under Section 7A of this agreement.
RELEASE. Member hereby releases INVENTOPIA, its agents, employees, and officers from any liability or responsibility to Member or any other person, claiming through it by way of subrogation or otherwise, for any loss or damage to the Co-Working property or the property of any of its agents, employees, representatives, or invitees which is brought onto the premises, regardless of how such loss or damage may occur, even if such damage or loss may have been caused by flood or other casualty or by the negligence of INVENTOPIA, its agents, employees, or officials. It is expressly agreed and understood that Member, its agents, employees, representatives, or invitees, in bringing property in and onto the premises do so at their own risk. It is further agreed and understood that INVENTOPIA, its agents, employees, and officials will not be liable to Members for any business losses or damages to the property of Member, its employees, representatives, agents, or invitees, occasioned by the acts or omissions of other businesses or persons which may occupy the premises.
INTELLECTUAL PROPERTY. All Members of INVENTOPIA are responsible for protecting their own intellectual property being developed on-site.
Members agree to allow INVENTOPIA to use their company name, logo and a short descriptive paragraph for promotional purposes. Other media published by either the member or INVENTOPIA may only reference the other party or use names and images with the express consent of the corresponding party.
MUTUAL NON-DISCLOSURE. Members agree to not disclose, in any form, the details of the work of any fellow member to any outside party, whether they believe such information is proprietary or not. While members are encouraged to help each-other in networking, such introductions should be made with the introduced members consent over the form and content of such an introduction.
APPLICABLE LAW. The laws of the state of California shall govern the validity, interpretation, performance and enforcement of this Agreement and any suit brought to enforce the terms of this Agreement shall be brought only in the state courts of Yolo County, California or the federal court in Sacramento, California.
TITLE AND HEADINGS. The titles and headings of this Agreement are used only for convenience and are not to be construed as part of the Agreement.
ENTIRE AGREEMENT. This Agreement and its attachments, including Exhibit A and the Guarantee, shall be considered to contain the entire agreement between the parties hereto pertaining to the use of INVENTOPIA facilities, and all negotiations and all agreements acceptable to both parties are included herein. This Agreement may be modified only by an amendment in writing signed by both parties hereto.
ATTORNEYS FEES. In the event INVENTOPIA is required to file suit to enforce any provision of this Agreement, should it prevail, it shall be entitled to recover its reasonable costs and attorneys fees incurred in prosecuting the action, in addition to all other damages to which it might be entitled.