General Terms and Conditions

Impact Hub Oakland Member License Agreement

Member Agreement: This Impact Hub Oakland Member License Agreement is between the user and and HUB Oakland LLC (hereafter “Impact Hub Oakland” or “Licensor”), located at 2323 Broadway, Oakland, California 94612 (hereafter “Premises”). Member hereby agrees to abide by the following terms and conditions.

Members shall enjoy the following amenities:

● Staffing: Hosts are available Monday-Friday, 9-6pm to welcome guests; ● Printer Bar: printing, copying, and scanning; ● Coffee Bar: complimentary tea and coffee; ● Security: 24/7 security service provided; ● Common space: Access to privacy booths, kitchen, café and lounge; ● IT: Internet access (wired and wireless). Internet bandwidth is enterprise-class, high-speed, sufficient for streaming both VOIP and streaming video service and designed with network redundancy to ensure uptime, except for planned maintenance. Due to the Internet access being shared across all users at Impact Hub Oakland, it is subject to spikes in service based on overall usage demands; ● Utilities: Paid for in full by Hub Oakland; and, ● Community: Access to and membership in the Impact Hub Oakland and global HUB community.

Members shall not:

  •     Maintain or store any inventory of goods within the Premises.
    
  •     Use the Premises or the products and services provided therein for illegal purposes.
    
  •     Tamper with, borrow, or remove property kept in another Licensee’s area without their express permission.
    
  •     Use the Internet and/or telephone services provided by Impact Hub Oakland for any illegal purpose, or for any purpose deemed inappropriate by Impact Hub Oakland including, but not limited to spamming, posting or downloading files that are illegal or that Member has no rights to, or accessing any other device connected to the Impact Hub Oakland network or the Internet that Member does not have permission to access. Usage of Internet for heavy downloading/uploading is not condoned and any acts which may affect the quality or usage of the service for other users is not tolerated. While Impact Hub Oakland will use its best efforts in providing Member with access to Internet and telephones, Member agrees that Impact Hub Oakland is not liable for any damages for failure to furnish or delay in furnishing any Internet service (including telephone and telecommunication services) or for diminution in the quality or quantity of any Internet or telecommunications service.
    
  •     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 Impact Hub Oakland. 
    
  •     Act in a manner that, in Impact Hub Oakland’s sole discretion, does or is likely to adversely affect the peaceful operation and enjoyment of the Premises of Impact Hub Oakland, or the building, including without limitation creating any disturbance to occupants of the Premises or the greater building or their employees, licensees, guests or contractors. This Section incorporates by reference Section 9.3 of the commercial lease agreement presently in place between Uptown Broadway Investors, LLC and Impact Hub Oakland, and Licensee agrees to be bound by the requirements thereunder. If there is a discrepancy between the two documents, the more restrictive term shall prevail. 
    

Members understand and agree that:

  •     Each Member is responsible to provide Impact Hub Oakland with one month’s notice before termination of their membership (i.e., in order to end a membership by the first of a month, notice must be provided prior to the first of the preceding month). Impact Hub Oakland does not grant refunds for unused membership hours. Unused hours do not roll over into the following month nor can they be shared with another member.  
    
  •     This Agreement and the Impact Hub Oakland Office License Agreement (“License”) by and between Impact Hub Oakland and Member do not constitute a lease, but rather a license between Impact Hub Oakland and Member for monthly licensing of a given space and common area. Impact Hub Oakland may terminate this license at any time and for any reason, subject to the terms and provisions of the License and this Agreement. There is no long-term agreement under this Agreement or the License.
    
  •     The card and/or key(s) that members may be provided are exclusively for that Member’s purposes and will not be shared with anyone else without Impact Hub Oakland’s express written permission. If a Member loses the card or key, he or she agrees to pay $15 for each item lost.
    
  •     Members are responsible for all guests brought into the space under the policies outlined in this document. A day pass or meeting room must be purchased for guests that will be in the Premises for two or more hours. A meeting room must be reserved when Members have two or more concurrent guests.
    
  •     All members and members’ guests are responsible for their own belongings and actions. Impact Hub Oakland assumes no liability in connection with any losses related to personal items or any personal injuries that occur in the space. Should any action or inaction cause damage or cost to Impact Hub Oakland, that cost is subject to be levied by member or members.
    
  •     Impact Hub Oakland and its staff may provide solicited and unsolicited suggestions and other tips during the regular course of business and Member hereby releases and indemnifies Impact Hub Oakland and its staff and associates from any present or future claim arising from the information provided.
    
  •     Members must maintain both open work area utilized and the common areas shared by multiple licensees in a neat, clean and in a sanitary condition.
    
  •     Members are entitled to use the equipment and supplies provided by Impact Hub Oakland within the Premises. Such equipment and supplies are provided and maintained by Impact Hub Oakland at its expense. Impact Hub Oakland reserves the right to restrict use of equipment and supplies in its sole discretion.
    
  •     Impact Hub Oakland may terminate Member’s membership if Member fails to pay the balance for membership in a timely manner, if Member fails to abide by any term of this agreement, or for any other reason not prohibited by law.
    
  •     Member will conduct itself, and use the Premises, pursuant to the Impact Hub Oakland Member Handbook, as amended from time to time in Impact Hub Oakland’s sole discretion (the “Member Handbook).  The Member Handbook will be made available to Member prior to the Commencement Date and shall be generally consistent with the Member Handbook for other HUB locations.  
    
  •     Any signs, symbols, or pictures that a member wishes 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 Impact Hub Oakland in its sole discretion.
    
  •     This Agreement shall be governed by the laws of the state of California, irrespective of the choice of law rules of any jurisdiction.
    
  •     Neither Uptown Broadway Investors, LLC, nor Impact Hub Oakland, nor their respective agents shall be liable for, and Licensee agrees to defend and hold Uptown Broadway Investors, LLC, and Impact Hub Oakland and their respective agents harmless from, any claim, action and/or judgment for damages to property or injury to persons suffered or alleged to be suffered on the Premises by any person, firm or corporation. Licensee shall indemnify, defend and hold Uptown Broadway Investors, LLC, and Impact Hub Oakland harmless from and against all loss, cost and expense, including attorney’s fees, arising from any act, omissions of negligence of Licensee or its officers, contractors, licensees, agents, servants, employees, guests, invitees or visitors in or about the Premises. The foregoing provisions shall not be construed to make Licensee responsible for loss, damage, liability or expense resulting from injuries to third parties caused solely by the gross negligence or intentional misconduct of Uptown Broadway Investors, LLC or Impact Hub Oakland or their officers, contractors, licensees, agents, employees of other tenant of the Premises. 
    
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