Legal Agreement: Terms of Service
Splash Coworking Membership Agreement
As a member you agree to Splash Coworking's Code as follows:
1. By selecting "I Agree to the Membership Agreement" and selecting Next Step online you have accepted the tearm or our membership below. Your memebership benefits do not start until you sign this agreement.
2. Be good. Behave well and treat others the way you would want to be treated. Ad if you don't walk the talk, then at the request of its members, other building tenants, or our own choosing, Splash Coworking will warn you to shape up in 30 days or ship out. We know it sounds tough, but Splash Coworking's community can be spoiled with one bad apple. Simply put, every membership is terminable by Splash Coworking with 30 days' notice with and without cause. In extream situations this could be effective immediately.
3. Be positive. Believe in yourself, believe in others, and especially believe in the collaborative powr of the Splash Cowroking community. Network. Collaborate. Work hard. Have fun. Improve the communtiy for all. Please provide input to improve Splash Coworking for everyone.
4. Roll with the splashes. Splash Coworking is an organic living space.. an ecosystems. And like all such environments, Splash Coworking, will evolve and improve. This means that Splash Coworking may decide, with member input and observation, that the rules need to change as well. So, while this is the Splash Coworking Code today, it is hard to predict the evolving needs of members. Therefore, it is your responsibility to check our member portal for future changes to the Splash Coworking Code and policies.
5. Pay your dues. Pay your dues. If you don't pay the fee you owe when it is due we will send you an email to remind you and the payment will be due before you can enter the space again. If your payment is not brought current within 15t days we have the right to withdraw your Splash Coworking access and your membership. You give Splash Coworking permission to rerun failed transactions within 5 days of the original transaction.
6. Make a commitment. Strong communities are based upon active members and continuity. One of the most amazing benefits of your membership is the relationships and encounters you have with other members. However, this takes time. So, you must make a commitment of your membership level and fulfill your agreement
7. Don't fight the law (it always wins). Violate the law and you're out. This means you won't use Splash Coworking for any purpose that is unlawful, including doing anything that could damage, disable or impair any of the property of Splash Coworking or keep other members from using the Splash Coworking space or would hurt other members. This also means you won't attempt to gain access to any computer systems or networks of Splash Coworking, or attempt to obtain any materials or information not intentionally made available to all Splash Coworking members. If you attempt to do any of these naughty things, your membership will be terminated immediately with notice from Splash Coworking.
8. You represent to Splash Coworking that you have the authority to be a member, and the authority to sign this Agreement, and ultimately live by the Splash Coworking Code. You promise that your membership won't be a breach of an agreement you have with someone else. You also acknowledge that you can't bind Splash Coworking or the community (in whole or part), or its other members.
9. Don't be slimy. Besides all this, you also agree not to use Splash Coworking in connection with:
- Contests, pyramid schemes, chain letters, junk email, spamming or similar annoying behavior;
- Defaming, abusing, harassing, threatening or otherwise violating the legal rights (such as privacy and publicity) of others; Posting, distributing or disseminating inappropriate, profane, defamatory, obscene, indecent, unlawful or boring material or information; Uploading, reproducing, using, performing or otherwise making available, images, software or other material or information which infringes another's rights, or is protected by intellectual property laws where you don't own or license such rights; and uploading or using files that contain viruses, corrupted files, or any other similar software or programs that may damage Splash Coworking’s or a member's computers or property.
10. Keep a secret. You acknowledge that during your membership at Splash Coworking, you are going to be exposed to confidential information such as business information, trade secrets, technology, customers and prospects, and other secret stuff, disclosed by Splash Coworking or by other members of Splash Coworking (including through your keen observation) that is confidential or proprietary in nature and simply just not known by others. It's plain and simple; you agree to keep it confidential and not to disclose or use such information. You understand that they remain the exclusive property of who disclosed them, and you don't acquire any rights to such information. If you are unsure if something is confidential ask.
11. Be insured. Splash Coworking will carry General Liability and Business Personal Property insurance. As a member, it is strongly suggested that you carry an insurance policy of some type to cover your own equipment while using our space (or any anyone else's space for that matter). Splash Coworking cannot provide insurance for you or provide advice, so it is best to contact an insurance agent regarding your specific needs. With respect to your access to, participation in, use of the Splash Coworking space, or any loss of information or other property resulting from such participation or use you acknowledge that it is solely your responsibility to make sure you are properly insured against such losses, and acknowledge by signing this agreement a full waiver of liability for Splash Coworking.
12. Read the legalese. Beware, Splash Coworking’s legal advisors have required the following be CAPITALIZED, which means you're really supposed to pay attention: Three short, but important points: SPLASH COWORKING PROVIDES SERVICES "AS IS" AS A SERVICE AND NOT AS A LEASE OF REAL PROPERTY, AND DISCLAIM ALL WARRANTIES AND CONDITIONS, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR USE. THE ENTIRE RISK OF PARTICIPATING IN OR USING SPLASH COWORKING SERVICES REMAINS WITH YOU. IN NO EVENT SHALL SPLASH COWORKING OR ITS AGENTS, OWNERS, MEMBERS, OR EMPLOYEES BE LIABLE FOR ANY DIRECT, SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE, CONSEQUENTIAL OR OTHER DAMAGES WHATSOEVER (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOST 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 LOSS) ARISING OUT OF OR IN ANY WAY RELATED TO SPLASH COWORKING SERVICES OR OTHERWISE NOTWITHSTANDING ANY DAMAGES THAT YOU MIGHT INCUR FOR ANY REASON WHATSOEVER, THE ENTIRE LIABILITY OF SPLASH COWORKING OR ITS AGENTS, OWNERS, MEMBERS, OR EMPLOYEES, AND YOUR EXCLUSIVE REMEDY FOR ALL THE FOREGOING SHALL BE LIMITED TO ACTUAL DAMAGES INCURRED BY YOU NOT TO EXCEED $10.00. THE FOREGOING LIMITATIONS, EXCLUSIONS AND DISCLAIMERS SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY LAW, EVEN IF ANY REMEDY FAILS ITS ESSENTIAL PURPOSE.
13. Let us off the hook. Besides, the three CAPITALIZED sections above, you also release, and agree to indemnify, defend and hold harmless Splash Coworking its agents, owners, members and employees, from and against all claims, liabilities, losses, damages, expenses, judgments, fines and penalties based on or arising out of your negligent actions, errors and omissions, willful misconduct and fraud, breach or violation of the Splash Coworking Code or otherwise suffered in connection with your participation in the Splash Coworking community.
14. Respect the rules of the house. Please be aware that all Splash Coworking locations exist in or near other businesses, which means that Splash Coworking members also must abide by the rules of the area. Basically, if you act professionally there will not be any problems. If you need more specific details then refer to section 25 - Splash Coworking Building Rules. Know that the rules of the house might change with time, so you're responsible for being aware of changes.
15. Children, pets, and bikes oh my. As in any commercial office or studio, Splash Coworking is not covered for the risks and liabilities associated with children or animals or bikes.
- Pets are permitted as long as they don’t cause concern or threat to other members. Splash Coworking reserves the right to remove a pet if it is causing problems. Pet’s must be under your control when not in your designated space or at your desk, and must not wander the area alone. In addition, only two-footers are allowed in the kitchen area. And of course, any delightful things created by your pet will be your responsibility to clean up in/or around the building. Failure to correct your pet could result in the termination of its master’s membership (that’s you).
- Bikes are currently permitted, and encouraged, at Splash Coworking. Please keep bikes at designated storage areas, and make sure to clean up any debris produced by your bike in common and storage areas.
- Children, while we love them, it is helpful to keep in mind that they do not have a membership. If you bring them to work with you, they need to stay with you. After all, if they are bugging you while you work, they likely will be doing the same thing to others if you let them loose. Please be respectful of others at work, and know that we might kindly ask them to leave. For extended stays (more than a single day), a Guest Pass must be purchased for all children.
16. Events: Splash Coworking is a multipurpose destination, and will host events throughout the year, during day, evening and weekend hours. Every attempt will be made to clearly mark private areas, and someone will patrol to ensure that event participants do not use member's spaces. However, be warned that smart and beautiful people will be showing up at all hours.
17. Printing: Is currently provided at no cost to members. If this is abused by printing massive Hollywood scripts, epic novels, or manuals, Splash Coworking may be forced to revoke this privilege and start charging for printing services individually or collectively. The general rule is 5 pages per day.
18. Smile: We love to share the space, the cool people, and the activities of our community with everyone on the planet. So, you agree to provide Splash Coworking absolute and irrevocable right and unrestricted permission to use photographs, or video taken of your beautiful face, to use, reuse, publish and republish the same in whole or in part, individually or in conjunction with other photographs and any printed or video matter, in any and all media now or hereafter known, and for any purpose whatsoever allowed by law for illustration, promotion, art, editorial, advertising and trade, or any other purpose whatsoever without restriction as to alteration.
19. Copyright Infringement. Splash Coworking is committed to complying with U.S. copyright and related laws and requires all members and users of Splash Coworking to comply with these laws. Accordingly, you may not store any material or content on, or disseminate any material or content in a manner that constitutes an infringement of third party intellectual property rights, invading rights granted by U.S. copyright law. Owners of copyrighted works who believe their rights have been infringed may take advantage of certain provisions of the Digital Millennium Copyright Act of 1998 (the "DMCA) to report alleged infringements. It is Splash Coworking’s policy in accordance with the DMCA and other applicable laws to reserve the right to terminate the membership of any member who is either found to infringe a third party copyright or other intellectual rights, including repeat infringers, or who Splash Coworking believes in its sole discretion is infringing these rights.
20. Security and access to Splash Coworking (membership, building, and parking cards). Our goal is to provide a safe place, but in any community it takes all the members to help out. 24/7 key-holders acknowledge and accept a special responsibility for the security of the doors and spaces they access. The 24/7 key-holder is expected to secure the building when they believe they are the last person on the premises or any time after 5:00pm. We take this seriously, so please be aware:
- While Splash Coworking has surveillance cameras at entrances and public access areas, we cannot guarantee a 100% secure environment.
- If your membership includes 24/7 access, you are entrusted with a significant amount of security responsibility. After normal business hours of operation, the community’s property may be exclusively in your hands. If you so choose to accept this mission, treat this privilege as if each person’s valuables were your own. If abused by unauthorized parties, discos, or otherwise un-approved extra curricular activity, Splash Coworking may terminate your membership or revoke your 24/7 access privileges. If you are not paying for 24/7 membership, then you do not have 24/7 access.
- Interns are not permitted to have 24/7 access without direct supervision of the member they are working for. All guests must be accompanied by a member at all times. A guest must be signed-in on the system before using any of the amenities. The hosting member will be responsible for their guest’s actions at all times. A maximum of 4 guests are permitted after hours, and only with members who have a 24/7 membership. All guests working in the space for more than 2 hours are subject to the Drip Drop rate.
- All keys are not transferable and may not be lent out at any time to anyone for any reason. Lending of keys will result in membership termination. If any of your keys are misplaced or stolen, you must notify a Splash Coworking staff member immediately - a $20 fee per key will be charged to your account, and Splash Coworking will issue a replacement key. Any key not returned on or before the last day of your membership, for any reason, will incur a $20 fee per key on your account within 5 days of the last day of membership.
21. Almost done... However, we need to remind you that you cannot sign this Agreement without the prior written consent of Splash Coworking. We all agree that the laws of the State of Texas govern this Agreement, without regard to its conflict of law principles. And we all agree that exclusive jurisdiction and venue for all purposes under this Agreement shall be in San Marcos, Texas and everybody consents to such jurisdiction and venue. Splash Coworking may disclose any identifying information about you and your participation in the Splash Coworking Community if requested by authorities in any investigation. Finally, in case someone got overzealous and it turns out that any provision or portion of this Agreement is determined to be invalid, illegal or unenforceable for any reason, in whole or in part, the remaining provisions of this Agreement shall be unaffected and shall remain in full force and effect to the fullest extent permitted by law.
22. Membership Election: Membership levels and their specific benefits are described within our online system. Any memberships can be upgraded at any time, and are subject to availability. All memberships include an annual registration fee which is initially bill on your first month’s invoice. You understand and agree that you will be billed on a monthly recurring membership fee bases on the level you select online, and that prices are subject to change. Splash Coworking reserves the right to change pricing, benefits and memberships anytime at its discretion. Standard business hours are from 8 am - 6 pm Monday thru Friday. For current business hours please see Splash website.
- Annual Membership Registration Fee: $100
- Membership Levels:
- ❏ Splasher
- ❏ Aquifer
- ❏ Pond
- ❑ River
- ❏ Stream
- ❑ Springs
- ❑ Lake*
- ❑ Falls*
- *Those wanting a private office are required to commit to a membership for a minimum of 6 months.
- Additional Perks:
- ❏ Business mailing address & mail service $35/month - non-members
- ❏ Storage Locker (if available) $25/month
23. Benefits: At the time of this agreement, the following memberships and their respective benefits are available. Splash Coworking reserves the right to change pricing, benefits, and memberships anytime at its discretion. All memberships include; wireless internet access, printer, scanner, copier use, all the brewed coffee you can drink, member events, and casual meeting spaces.
- Restrictions: Memberships cannot be transferred without express written confirmation from Splash Coworking.
- Guests and clients: Your membership includes you. Clients may join you in your space or other meeting rooms at no additional charge for meetings within the allotted meeting hours included in your membership. However, contractors, employees, or project collaborators are subject to Guest policies in section 21 of this Agreement After five visits within a two month time frame a guest is no longer considered a guest and we request that you purchase a membership or day pass for them as we want to formally welcome them into the family.
- Meeting room usage. Meeting rooms are areas designated for meeting purposes only. Each room must be booked in advance using our booking system. It is the meeting leader’s responsibility to leave the room in good working condition, with whiteboards cleaned, and garbage disposed of properly. Some memberships come with complimentary meeting room hours. Our system will track these monthly. If you go over your monthly allotted hours you will be billed for those hours automatically, which you agree to in advance by accepting this agreement.
- All memberships require a full 30day notice of cancellation prior to the 1st of the month. The member must send the request to email@example.com Cancellations are effective on the last day of a month. If a member does not provide timely advance written notice, the member will pay monthly membership dues at the regular rate for the current and following month, during which time the member will continue to have access to all Splash Coworking locations. You also understand there is a 30 day cancellation policy that must be given one full membership month, before the 1st of the billing month. For example if you cancel August 15th, your last day of membership will be September 31st.
24. Holidays: Splash Coworking retains the right to make changes anytime to this holiday schedule at our discretion surrounding the Holiday date.
25. Splash Coworking Building Rules: The following rules and regulations have been formulated for the safety and wellbeing of all tenants of the Property by the building owner. Strict adherence to these rules and regulations is necessary to guarantee that every tenant will enjoy a safe and undisturbed occupancy of its premises. Landlord reserves the right to amend these rules and regulations and to promulgate additional rules and regulations.
- SPLASH COWORKING Members hereby agree: Not to use any equipment, machinery or advertising medium which may be heard outside the Splash Coworking’s space. Not to use any plumbing facilities for any purpose other than that for which they were constructed. Not to use any portion of the Premises as sleeping apartments, lodging rooms or for any unlawful purpose or purposes. Not to solicit business in the common or public areas of the space.
- Not to distribute or display any handbills or other advertising matters or devices in such common or public areas. Not to obstruct or encumber any sidewalks, entrances, passages, courts, elevators, vestibules, stairways, corridors, halls or any other part of the Grain Exchange building Not to permit any drapes, blinds, shades or screens to be attached to, hung in or used in connection with any window or door relating to the Premises without the prior written consent of Landlord. Not to permit any showcases, mats or other articles to be placed or allowed to remain in front, in the proximity of or affixed to any part of the exterior of the Premises. Not to permit or encourage any loitering in or about the Premises Not to enter upon or use the roof of the Building. Not to permit or encourage any canvassing, soliciting, peddling or demonstrating in or about the Premises. Not to install or permit the installation of any wiring for any purpose on the exterior of the Premises or the Building. Not to mark, paint, drill into or deface any part of the shell or core of the Building. Not to bring in or keep any firearms in the Premises or the Building. Not to affix any floor covering to any floor of the Premises with adhesive of any kind without obtaining Landlord's written consent. Not to allow live or artificial Christmas trees. Artificial Christmas trees may be permitted by Landlord, if any lighting thereon is approved by Landlord, and is turned off at the end of each business day.
Additional Membership perks included surrounding local partnerships, these are subject to change and are updated through our newsletters. With your membership you are also a member of The Downtown Association as a Splasher.
As a Splash member you get a members only pass to use for special rates and discounts at:
The UPS Store
Kiva Bar & Lounge