General Member Agreement
What is this?
This is our Member Agreement, or basically, what members of Collective Space Duncan agree to when they use our space. It’s both a legal document and goes over some of the finicky ground rules we’ve learned.
The Member Agreement
Collective Space Cowichan, (“Collective Space”) was created by its admin team(“admin team”) to foster and support a Collective Space coworking space at 166 Station Street by providing its members with combinations of space, tables, phone rooms, chairs, trash cans, Internet connectivity, a collaborative community, and other resources and stuff (such services, the “Collective Space Stuff”). By joining Collective Space, our members agree to certain rules for our community (“Rules of Collective Space,” “Rules”). The goal of a community such as Collective Space is to help each of us work hard, so we should be considerate of each other, play well together, follow the Rules of Collective Space. If one of us doesn’t follow the Rules, it affects all of us and Collective Space, and as a condition to membership, we each and all agree to abide by this Agreement (“Agreement”).
Any questions about this Agreement, the Anti-Harassment Policy, or any rules not covered here, should be addressed by email to [email protected]. Otherwise, here are the Rules of Collective Space, which all members, including you, agree to:
Behave well and treat others the way you would want to be treated. Keep in mind that people who are annoyed or offended may not tell you so directly, but instead engage less with Collective Space, which hurts everybody. Your membership may be revoked upon the sole discretion of the Collective Space administration.
These are the general rules we ask you to abide by:
a. Indoor voice. We are all trying to get work done, so try to be mindful and respectful of others’ attention and time. Generally, if someone has their headphones on, please respect their privacy (that’s the most important rule we have). Collective Space is not a library, and collaboration is encouraged, but this is a workplace, first and foremost.
b. Phone calls. If you have a phone call and it will last just a minute or two, feel free to take it in the common areas. If you are going to be on the phone for more than that, please use an empty private space. Some exceptions can be made, such as for those working in support jobs, where an occasional and not very talkative phone call of 5-10 minutes is necessary. We ask, however, that you keep your voice quiet, and, if you know that a call will persist for more than 5 minutes or be especially talkative, you take the call into a private room.
c. Anti-Harassment Policy. We have zero tolerance for harassing our members or guests of Collective Space. Members or guests violating this Anti-Harassment Policy will be sanctioned or expelled from the space or the event at the discretion of the admin team.
d. Guests. Feel free to invite friends or guests for lunch, a quick meeting, or just to say hello. However, if your guest is going to be here for more than an hour we would ask that they pay for a daily pass. Guests are required to adhere to the Rules of Collective Space.
e. Space use. Please do not leave property in the space or around the desks when you will not be working there that day. Take home what you bring in, or arrange with the admin team for storage in an out-of-the-way area. Every evening and/or morning the desks will be cleared of items, which will be deposited in an area for collection.
f. Refrigerator. The refrigerator is primarily for storing that day’s food, beverages, and some occasional leftovers from events. As a general policy, food that is older than one week and taking up space will be thrown out. Containers or food left in the refrigerator may be thrown out at any time at the discretion of the admin team. Labeling your food will help us at least give you a heads up.
g. Alcohol policy. It is fine to relax with a nice drink, but please don’t do it before 5 p.m, doing so will result in immediate dismissal from membership. We do not tolerate intoxication at the space. Be mindful, too, that your “quitting time” does not match up with everybody else’s schedule.
h. Overnight use. We understand that our members may need to pull a late night of work every now and again. However, under no circumstances is sleeping at the space overnight allowed.
i. Heat & air conditioning. We set the heat and air conditioning on a schedule that makes sense for most people. Please do not raise or lower the temperature more than 3 degrees. If the heat or air conditioning do not seem to be working, please notify a Collective Space founder.
j. Locks. We have large windows that look in on our members’ gear and our supplies. If you leave doors unlocked, you are taking responsibility for the safety and wellbeing of all equipment on the premises. Make sure doors are locked under all circumstances when leaving the space. Note that your time spent at Collective Space is logged through booking so we know if you were last out of the building.
- Contribution. All members are expected to contribute to the general well-being and cleanliness of the space. This is a shared space so let’s all take care of it together! Each member agrees to volunteer a minimum of 2 hours per week towards Collective Space, projects or other needs, as able. Collective Space members are encouraged to work together to create a clean, healthy environment together.
Believe in yourself, believe in others, and especially believe in the collaborative power of the Collective Space community. Network. Collaborate. Work hard. Have fun. Improve Collective Space for all. Give input to make Collective Space better.
3. Environmental Stewardship
Collective Space values responsible recycling in all possible forms. We are striving to be a zero-waste facility, please help us in this goal by taking your garbage and recycling with you when at all possible.
We will do our best to notify members of changes to the Rules and this agreement. We will strive to keep an up-to-date copy of this agreement on Collective Space’s website.
We collect fees for monthly memberships, day passes, and after-hours usage through e-transfer, cheques, credit card, paypal, and more. If you believe you have been billed in error, you should contact the admin team before disputing the charge with your card company (they are usually easy to solve). You are expected to pay for services up front; Collective Space cannot maintain a “tab” for you.
See section 1. Conduct for reference to what actions could lead to termination of your Collective Space membership. Beyond those day-to-day rules, you agree not to use Collective Space for any purpose that is unlawful, prohibited, or that could damage, disable or impair any of the Collective Space Stuff, or keep other members from using the Collective Space Stuff, or that would hurt Collective Space as an ongoing business. This also means you won’t attempt to gain access to any computer systems or networks of Collective Space (beyond general web access), or attempt to obtain any materials or information not intentionally made available to all Collective Space members. If you attempt to do any of these things your membership may be terminated immediately with a notice from Collective Space.
Either party can terminate membership with 1 month notice, delivered in writing or email before the 1st of the month, for any reason.
You also agree not to use Collective Space or Collective Space Stuff in connection with:
a. Contests, pyramid schemes, chain letters, junk email, spamming or similar annoying behavior; b. Defaming, abusing, harassing, threatening or otherwise violating the legal rights (such as privacy and publicity) of others; c. Posting, distributing or disseminating inappropriate, profane, defamatory, obscene, indecent, or unlawful material or information; d. 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 e. Uploading or using files that contain viruses, corrupted files, or any other similar software or programs that may damage the computers or property of Collective Space or another member.
You acknowledge that during your membership in Collective Space, you are going to be exposed to Collective Space Confidences. “Collective Space Confidences” means information (such as business information, trade secrets, technology, customers and prospects, and other secret stuff) disclosed by Collective Space or by other members of Collective Space (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 confidential and not to disclose or use Collective Space Confidences, you understand that they remain the exclusive property of whomever disclosed them, and you don’t acquire any rights to such Collective Space Confidences.
Please don’t make defamatory or disparaging comments about Collective Space or other members. Frankly, if you don’t have anything good to say, then keep it to yourself or let us know about it in confidence. We can probably fix it or at least talk about it. We are dedicated to open communication and will do our best to resolve any complaints or concerns.
Neither Collective Space nor its members will assume any liability to you with respect to your access to, participation in, use of Collective Space or Collective Space Services, or any loss of information or other property resulting from such participation or use. Basically, if you leave stuff here and it disappears, we are not liable (but we will certainly look into how it happened and work to prevent such losses).
Collective Space will not assume liability for damages or injuries to members, clients, guests, or other parties that members may invite to the Collective Space. You are responsible for holding your own general and liability insurance to cover all instances of loss, damage, injury, or otherwise, for yourself and all guests present in the space.
Legal types ask that the following sections be CAPITALIZED, which means you’re really supposed to pay attention (frankly, you’re supposed to pay attention to ALL these Rules of Collective Space). So here goes:
a. Collective Space PROVIDES Collective Space 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, TO THE EXTENT PERMITTED BY LAW. OH YEAH, THERE IS ALSO NO WARRANTY OF TITLE, QUIET ENJOYMENT OR POSSESSION. THE ENTIRE RISK OF PARTICIPATING IN OR USING ‘Collective Space’ SERVICES, REMAINS WITH YOU.
b. IN NO EVENT SHALL ‘Collective Space’ 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 Collective Space SERVICES OR OTHERWISE, TO THE EXTENT PERMITTED BY LAW.
Besides all that CAPITALIZED stuff in section 11. Disclaimer, you also release, and agree to indemnify, defend and save harmless Collective Space, 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 or fraud, breach or violation of the Rules of Collective Space or otherwise suffered in connection with your participation in Collective Space or use of Collective Space Services.
You are near the end, so keep your pace up. Take note that you can’t assign this Agreement without the prior written consent of Collective Space. Since Collective Space is situated in the City of Duncan (Cowichan Tribes territory). Finally, in the highly unlikely event 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 British Columbia law.
Believe it or not, I acknowledge that I have stayed awake, read and even understand this Agreement and the Rules of Collective Space. Further, I agree to be bound by this Agreement and the Rules of Collective Space regarding my participation in Collective Space and the use of Collective Space Services.