1. Acceptance of Terms. By signing up for or continuing to utilize a membership at The Factory, you agree that the Services that Work The Factory LLC (“The Factory”) provides to you, the undersigned Member, are subject to this Agreement. The Factory reserves the right to update this Agreement at any time. Changes to this Agreement will be communicated to members via email. If you are signing this Agreement on behalf of an organization or other entity, your agreement to these terms is binding on both you individually and your organization or entity.
  2. Description of Services. The Factory may provide you with access to office space (dedicated or non-dedicated), workstations, the Internet, office equipment, conference space, knowledge resources, or other services as The Factory may provide from time to time (collectively, “Services”). The Services are always subject to this Agreement. The Premises where the Services are provided is 77 Monroe Center St NW Ste 600, Grand Rapids, MI 49503 (including its appurtenant common spaces and elements).
  3. Use of Services. I agree that I will not:
    • Maintain or store any inventory of goods upon the premises without written permission of The Factory’s staff;
    • Use the Premises for illegal purposes;
    • Tamper with, borrow, or remove property kept in another member’s area without their express permission;
    • Cause or permit any hazardous substance to be used, stored, generated, released, or disposed of on or in the Premises. “Hazardous” shall be determined in sole discretion of The Factory; or
    • Act in a manner that, in The Factory’s sole discretion, does or is likely to adversely affect the peaceful operation and enjoyment of the premises of The Factory, or the building in which The Factory is located, including without limitation creating any disturbance to occupants of the The Factory premises or the greater building, or their employees, members, guests, or contractors.
    I also understand that:
    • I am responsible for all guests I bring into the Premises under the policies outlined in this document;
    • I must maintain both my area (or office) and the common areas shared by multiple members in a neat, clean, and in a sanitary condition;
    • Any signs, symbols, or pictures that I wish to place in the windows or doors of the premises, or upon any interior part of the building, shall be subject to the approval of The Factory;
    • If I my membership includes a dedicated office space, I will keep the space clean and free of excessive clutter. I also understand that The Factory’s staff may access the dedicated office space, if needed, to meet the needs of the business;
    • This Agreement with The Factory does not constitute a lease but is rather a license between The Factory and me for membership for the Services; and
    • If a monthly member, I agree to give The Factory 30 days’ notice before ending my membership. If a security deposit was paid, it will be refunded in full after the termination of this agreement unless I have broken any of the terms and conditions of this Agreement.

  4. Miscellaneous Terms. All Services are provided on an “as is” basis without warranty of any kind, either express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not make any warranty that access to the Services will be uninterrupted, secure, complete, error free, or meet your requirements. In addition, we do not make any warranty as to the quality or reliability of integrations of our Services into any third-party platforms, products, or services, nor do we guarantee any integrations will be continuous or error-free.

    You waive any liability of or claims against The Factory (including its employees, agents, landlord, and affiliates) for any injuries or damages (including compensatory, punitive, special, or consequential damages) you sustain because of, or associated with, using the Services, regardless of whether The Factory was informed of the possibility of such injuries or damages and regardless of whether they were reasonably foreseeable. You waive any claim or liability stemming from The Factory’s negligence. Where our Services incorporate or utilize any information, software, or content of a third party, you waive any liability or claim against us based upon that information, software, or content, including based upon the negligence of that third party.

    All claims and disputes arising under or relating to this Agreement or the Services are to be settled by binding arbitration in the State of Michigan or another location mutually agreeable to the parties. An award of arbitration may be confirmed in a court of competent jurisdiction.

    If we are subject to a complaint, a demand, mediation, arbitration, litigation, or other pursuit based upon your conduct relating to or from use of the Services, or your dispute, claim, or cause of action from or against any other member or its guest, you agree to indemnify us for all costs, expenses, and fees (including attorneys’ fees by the attorneys of our choice) we expend in defending ourselves against or otherwise addressing such pursuit. Such conduct or use includes, but is not limited to, your violation of this Agreement; your use of the Services and any consequence that produces; your dispute, claim, or cause of action from or against any other member or its guest; your use of intellectual property on or through the Services; and, any such actions performed by your guest, agent, or representative, or at your direction. You agree to indemnify The Factory as soon as The Factory incurs the costs, expenses, and fees, whether those are billed by event, or in weekly, monthly, or some other interval.

    You hereby acknowledge that you have read and understood all the terms and conditions contained in this Agreement and further agree to be bound to this Agreement regarding your participation in and use of the Services.