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Terms of use agreement

 

USER AGREEMENT

The Brick Store is a shared coworking facility run by The Brick Store, LLC. The following User Agreement (the “Agreement”) outlines the terms of use for anyone using or conducting business in The Brick Store coworking space (“Users”). Please read this Agreement carefully. By using The Brick Store or its services, Users agree to be bound by the terms contained in this Agreement.

A. Payments and Fees

  1. The Brick Store charges fees for the use of the Coworking space. Payments are due at the time of service. If the User is a weekly member, they must pay in advance for the week. If the User is a Day Pass user, they must pay prior to entering the building. Day passes can be secured online. Users will only receive the level of membership they are paying for.
  2. In return for a membership fee, users are granted membership. The User’s payment are non-refundable, and there is no proration of payments. 
  3. Users must keep a form of payment on file, The Brick Store is authorized to make payments on the User behalf for any total fees or other charges that the User is responsible for.
  4. Other charges that the User is responsible for:
    1. 30 days after the due date, any Membership Fees and any other fees that aren’t paid by the due date will be charged interest at 1% per week, or the highest rate allowed by law.
    2. If the credit card charges are declined, or the bank draft / check doesn’t return paid, The Brick Store’s reserves the right to charge a $50 fee and/or cancel the membership. If the credit card or bank was at fault, then nothing extra will be charged.
  5. The Brick Store is reserves the right to raise any membership fees or charges for optional services, at any time. Users will get at least 30 days notice before any increase.
  6. The membership fee grants users a revocable, non-exclusive, and conditional license to use and occupy, one or more areas of The Brick Store. The Users are not “leasing” the space, and therefore doesn’t give them any right, title or interest in or to any part of all The Brick Store space, or the right to process, or enjoy any part of or all of the The Brick Store.
  7. This Agreement is not governed by any Landlord Tenant laws. Users agree to these terms and waive any rights they may have under any Landlord Tenant laws.

B. Membership Levels

  1. Members can choose the level that fits them best. Prices are not locked in, The Brick Store has the ability to change the benefits or price. Below are the current levels:
    1. Dedicated Desk ($75/week.) Members at this level may access The Brick Store at any time. Includes access to a dedicated desk in shared space on the 2nd timber frame room floor, the lounge area on the 2nd floor, and wifi internet access.
    2. Weekly Pass ($39/week.) Member may access The Brick Store Monday through Friday from 8:00am to 5:00pm. Members at this level must leave The Brick Store after 5:00pm, no belongings left behind. Includes access to shared coworking space on the lower basement level, wifi internet access, and timed door entry.
    3. Day Pass (Drop-In, $25 per day.) Users may purchase a day pass allowing them access to The Brick Store for one calendar day, Monday through Friday from 8:00am to 5:00pm. Members at this level must leave The Brick Store after 5:00pm, no belongings left behind. Includes access to shared coworking space on the lower basement level, wifi internet access, and timed door entry.

C. Membership

  1. If Users want to cancel a week-to-week Membership, they can do so by emailing info@brickstore1830.com. If you cancel, your Membership will be cancelled immediately.
  2. If Users want to upgrade, downgrade, or add on to a membership level, they can do so by emailing info@brickstore1830.com. The new plan does not allow for retroactive membership changes. Users must make these changes before they can enter The Brick Store.
  3. Being a member has its benefits, such as: wifi internet access, guest visits, water, utilities and building services, trash and recycling removal, use of the kitchen, cleaning services. The Brick Store cannot promise that all benefits will be available at all times, it will do its best to make them available. These complimentary benefits are for reasonable and normal usage level. The Brick Store will determine what constitutes reasonable use. Staff may report abuse or excessive use of these resources to The Brick Store. The Brick Store reserves the right to suspend Users’ membership and to ban them from accessing The Brick Store if the User continues to exceed reasonable use after notice has been given.
  4. There may be times when we ask the User to relocate their desk or office. In these cases, The Brick Store try to, but cannot guarantee, a similar desk or office. If we are unable to accommodate Users, The Brick Store will not fault the User if they want to terminate their membership. If the User must be relocated to a different area that is a less expensive membership level, we will update the fees to that that level. The Brick Store reserves the right to relocate any member to a new workspace, even if they refuse it. In that case, we will not be responsible for any damage that may result from such relocation.
  5. Users agree that The Brick Store is responsible for the management of The Brick Store. The Brick Store can access any part of The Brick Store without prior notice. The Brick Store will be able, among other things: to provide services to The Brick Store and to inspect the Brick Store’s condition and make repairs or modifications as needed. The Brick Store will make every effort to ensure that these visits don’t disrupt Users’ operations. However, The Brick Store cannot be held responsible for any damages that may result from such interruptions.
  6. Users may, at their own expense, get insurance to cover themselves. For its own protection, The Brick Store will purchase insurance. The Brick Store will not be held responsible for any damage or loss to: Users, Users team members, users property, and/or Users guests. This is the purpose of Users insurance.

D. Guest Policy

  1. Guests are welcome but all guests & visitors must check in with The Brick Store staff prior to use of The Brick Store. By bringing guests to The Brick Store, Users agree to take legal responsibility for Users guests and their actions while they are in The Brick Store. Guests are limited to 2 guests per User and must not remain in The Brick Store for more than 2 hours (unless attending an event in a reserved room that is scheduled for longer than 2 hours).

E. Internet and Support

  1. Users have the right to use some of our technical services and equipment by using The Brick Store, such as printing and accessing the Internet. We cannot ensure the functionality of these services. At the request of the User, we or an affiliate may try to assist with any problems. In some cases, it may also be necessary to install software on Users computers. In consideration of the above, Users agree that we (and our affiliates) (i) cannot be held responsible for any damage to their computer as a result of technical support, downloading and installing any software, (ii), do not assume any liability or warranty if any manufacturer warranties are void; and (iii), do not provide any verbal or writing warranty regarding the success or failure of any technical assistance.
  2. The Brick Store’s internet service may not be used for illegal or unauthorised purposes, BitTorrent downloads without authorization, or viewing pornography. The Brick Store will not allow users to send spam email or uninvited commercial emails (spam) through its internet services. Users must also agree to cooperate with The Brick Store if they need to remove viruses. Bots, worms, Trojans, and other malware that could cause interference to its computer systems. All users agree to not create an independent wireless network or VoIP system without first consulting and receiving written approval from The Brick Store.

Prohibited

  1. The Brick Store is a place where users are prohibited from soliciting or employing other members or guests. Users also cannot sell products or offer services. Although networking is encouraged, all communication must be professional and courteous. Users must also respect other users’ right to refrain from soliciting, asking for or selling any unwanted information.
  2. The Brick Store and any portion of it will be protected from any damage or harm from the User. Users are not permitted to waste or create nuisance (including disturbing neighbors or other members of The Brick Store), use The Brick Store in an offensive manner, or commit any act that would threaten The Brick Store’s reputation. This policy can be violated and users may be asked to leave.

Property

  1. Members are responsible for maintaining their assigned space in good condition and order, at their sole cost and expense. This includes cleaning up at Users’ workstations, in the kitchen, and in the bathrooms. We ask that users return any equipment from The Brick Store in the same condition they found it.
  2. Respect the professional work environment at The Brick Store. Respect other users by using reasonable volume in conversations or phone calls, and being considerate of them. The Brick Store reserves all rights to ask users who disrupt other users to leave.
  3. The Brick Store may charge Users for items that Users do not return, or damage caused to The Brick Store by users or their guests. The Brick Store will charge Users for any damages or defacement that Users cause, other than normal wear and tear. Users must reimburse The Brick Store within 10 days of The Brick Store notifying them of such repairs.
  4. Without the written consent of an authorized representative of The Brick Store, users may not take any property of The Brick Store, including furniture, equipment, or materials, without permission. The Brick Store will assign a workspace to each user. Users are not permitted to encroach on or block the passageways, neighboring members or other areas of The Brick Store. Without our written consent, users are not permitted to attach items or other devices to the walls or install antennas or telecommunication lines in the office space.

On Premises

  1. The Brick Store is a shared workspace. Users can work in an open space and share The Brick Store with others, depending on their membership. It must be kept tidy and neat. This includes cleaning up after The Brick Store, especially the workstations, the kitchen, and the bathrooms. At their own risk, users leave valuables and personal belongings at home. We cannot take responsibility for the personal belongings or valuables of Users. The Brick Store is not responsible for Users’ personal belongings and valuables. The Brick Store does not assume responsibility for items or actions of third parties. Respect for fellow members’ professional work environments is a requirement. When performing work activities, it is important to keep the noise level at a reasonable level.
  2. Users that have a designated desk, are allowed to store their items at their desk. Except for designated desks, items may not be kept at The Brick Store longer than 24 hours unless The Brick Store has given written permission. The Brick Store’s storage can only be used for lawful purposes. Users will not be permitted to store dangerous, flammable or hazardous substances. If The Brick Store suspects that Users are violating this clause, The Brick Store may inspect such storage and remove Users property from storage. Users will also be able to revoke their right to use such storage. The Brick Store may limit storage space for customers if it feels there is insufficient storage.
  3. The Brick Store is not responsible for storing or distributing mail sent to its address. Please do not have mail sent to The Brick Store.
  4. Private parking is not available at the Brick Store. All parking is available in public parking lots. The Brick Store membership does not create an obligation to provide parking for Users. It also does not guarantee that there will be parking available for Users’ vehicles or their guests. Behind the Fairfield Town Office building is a public park-and-ride lot.
  5. The Brick Store is a shared workspace. Members must realize that standards regarding aesthetics and temperature can vary between individuals. It is possible for an individual to not meet the standards of The Brick Store’s large and diverse group. If Users feel The Brick Store does not meet their standards, they can terminate the Agreement as detailed herein.

Termination

  1. If Users want to terminate Users week-to-week Membership, they can do so by emailing at info@brickstore1830.com. The Membership will be over at the end the pre-paid week. The minimum term is 6 weeks. The Brick Store would appreciate as much advance notice as possible about Users’ plans to leave.
  2. The Brick Store may remove any person from The Brick Store immediately and prohibit them from re-entry if they engage in unacceptable, harmful, illegal or dangerous behavior. The Brick Store may give written notice to members describing any minor violation of this Agreement. The member has five (5) days to correct the breach. The Brick Store may terminate membership immediately if the breach isn’t rectified within five (5) days. The Brick Store and its staff will decide if the breach is serious enough to warrant immediate termination or a written warning.
  3. Despite anything to the contrary herein, in the event The Brick Store’s right or ability to occupy The Brick Store is terminated for any reason, The Brick Store shall have the right to terminate this Membership immediately.
  4. This Agreement will be void if Users leave or abandon any workspaces that have been assigned to them by The Brick Store.
  5. When the membership is terminated or has expired, the right of Users to use the designated desks, seats or spaces of The Brick Store will end. Users will also remove all property belonging either to Users or their guests from The Brick Store. The Brick Store will not grant Users any rights to any property, including office equipment, furniture, and kitchen items. If any of the Members personal property is not removed within 48 hours of termination of this Membership, it will become our property. We may dispose of any property at any time we choose.
  6. The Brick Store spaces can only be used for general office uses and all legal ancillary uses that are compliant with this Agreement. The Brick Store reserves all rights to determine that any use is not compliant with this agreement at its sole discretion and request that the member cease using the Brick Store or vacate it.

Events

  1. Event spaces are subject to availability and must be reserved at an extra charge.
  2. The Brick Store hosts events for members and the public up to several times per week, usually during evenings. Users may be asked to move their workstations during these events. We will make every effort to provide a private area within The Brick Store for Users to use during an event, but it is not possible to guarantee that the Brick Store will have enough space to accommodate Users’ specific needs. We offer some plans that can be used 24/7. But, The Brick Store can’t guarantee availability every day. We may occasionally close completely to allow large community events to be held. These events are part of what makes The Brick Store unique. Users membership fee will not be prorated. If users have a designated desk, they will not be asked to move during an event (except for special security protocols or preparation measures).

Contact

You may contact The Brick Store anytime by emailing us at info@brickstore1830.com. While we will do our best to reply promptly, we cannot guarantee an exact time.

Legal

  1. Our workspace is regularly filmed or photographed and we maintain a website as well as other marketing materials for promotional purposes. Unless users notify us otherwise, users grant permission for The Brick Store to use their image, likeness and name, as well as sound of voice, on audio and video. Users also waive any rights to royalties and other compensation. Users’ image can be edited, copied and published, and users waive any right to inspect or approve final products in which their likeness is included. This release is valid for as long as it is not expired. There are no geographical restrictions on distribution. Users may request in writing that the Users corporate logo be removed from any video or photo. We will remove any references to Users name and mark on The Brick Store website, as well as any print or electronic publications made for The Brick Store. Without The Brick Store’s written consent, users will not use “The Brick Store” and other distinctive brand features in any Membership name(s), logo(s), or other means of identifying Membership.
  2. All laws, ordinances and orders affecting users business and membership will be adhered to by the Users. Users agree that there will not be any trade, occupation, or use of The Brick Store which is illegal, improper, offensive, or contrary any law, municipal by-law, ordinance, or regulation in force by any city, county or state. We must comply with all applicable laws. As such, we may share information about Users and Users Team Members to fulfill any applicable law, regulation or government request.
  3. All users of The Brick Store agree that they will indemnify and defend The Brick Store and their respective managers and employees, as well as their parents, children, subsidiaries, affiliates, successors, and assigns from any and all claims and actions, liens and demands, expenses, and judgments for any loss, damage, injury, or injury to property or persons arising out of The Brick Store’s management or conduct, and any costs and reasonable attorneys fees. The Brick Store will be indemnified by all users for any costs, expenses or reasonable attorney’s fees incurred by them to enforce the indemnity clause of this Agreement.
  4. Users forever waive, acquit, and discharge all claims, settlements damages, actions causes of action suits, covenants or liabilities against us (as described below) arising from or related to loss theft damage or injury to persons or property. As mentioned above, “affiliates” will refer to any parent, sister, and/or subsidiary company, agents, partners and attorneys, family members and employees, independent contractors and officers, directors shareholders managers members insurers consultants predecessors successors or assigns of The Brick Store.
  5. Users agree that they may be exposed to certain risks by their participation in, provision, performance or use of services, as well as the use of any equipment or hardware, in and around The Brick Store. This includes injuries, death, property damage and other harm that could result to them or others. Participants are willing to participate in the Activity knowing that there are substantial risks, hazards and other dangers. The Activity, the provision, performance, or use of services, and participation in activities around The Brick Store are all voluntary. This includes the use of any equipment or hardware, as well as any death or injury.
  6. The aggregate monetary liability of us or our Affiliates to Users, any of Users Team Members, or Users or their guests for any reason and all causes of action, will not exceed the total fees paid by Users to us under this Agreement. We and our Affiliates will not be liable under any cause of action for any indirect, special, incidental, consequential or punitive damages, including loss of profits or business interruption.
  7. We reserve the right, at any time, to modify this Agreement. This is done by delivering an electronic notice 10 days before the effective modification (the “Modification Notice”). Users may object to any changes by providing written notice within ten days after the Modification Notice. Users then have the right to use The Brick Store for another 30 days. After that, their User Agreement will be terminated without penalty. Users must stop using The Brick Store. If Users fail to provide written notice within ten days after the Modification Notice, they will be considered to have accepted such modifications. This Agreement, including any Modification Notice, is the entire agreement between The Brick Store, Users and respecting the subject matter. It supersedes or replaces all previous or contemporaneous understandings and agreements between them, whether oral or written.
  8. This Agreement does not constitute any partnership between The Brick Store or Users.
  9. If any provision in this Agreement is found to be invalid, void or unenforceable, the remainder of the Agreement will continue to apply and the parties will make every effort to replace the invalid, unenforceable or void provision with a provision that is similar in intent and effect.
  10. The Brick Store may withhold written approval. Users are prohibited from assigning, mortgageing, pledge, sub-licensing, granting concessions, or selling this Membership or any interest therein.
  11. This Membership’s rights will be subordinated at all times to: (i), all ground leases and underlying leases that could now exist or be executed that affect either or both of The Brick Store’s seat(s); and (ii), any mortgage or deed-of-trust that could now exist or be placed upon any portion or all of The Brick Store, or any ground leases and underlying leases that are for The Brick Store.
  12. Before resorting to court or arbitration, the Brick Store and Users agree that they will first mediate any dispute between them arising out of this Agreement. Any fees incurred through mediation will be split equally between the parties.
  13. Users are responsible for any reasonable expenses, attorneys’ fees, and disbursements incurred by The Brick Store in connection to a User default or enforcement of any covenant or provision of this Agreement against Users. This applies regardless of whether a suit is filed or a judgment entered. The unsuccessful party must reimburse the other party for all reasonable expenses, costs and attorneys’ fees that are reasonably incurred to enforce the provisions or rights of this Agreement.
  14. This Membership will be governed by, construed, and enforced in accordance with the laws of the State of Vermont.
  15. Any notice required under any provision of this Agreement will be sent in writing. It can be delivered personally or by electronic mail or The Brick Store’s member software to The Brick Store and Users. Each such notice will be considered to have been received when it is actually received by the recipient, or within four (4) business day after being sent, whichever comes first. Each party can designate another address to receive notice. Notification must be given in accordance with this provision. The last address, email, and/or telephone number that Users provided to The Brick Store during Users’ occupancy or subsequent shall be used as the Users address, phone number, and email.

The address, email, and contact phone number for The Brick Store is:

The Brick Store, LLC, 4474 Route 36, Fairfield, Vermont 05455
Phone: 802-309-9277
Email: info@brickstore1830.com

Updated: April 5, 2023

Includes User Agreement, Non-Discrimination Policy and Privacy Policy below.

 

NON-DISCRIMINATION POLICY

In all its activities and operations, The Brick Store will not and cannot discriminate on the grounds of race, color or religion (creed), gender or gender expression, age or national origin (ancestry), disability or marital status or sexual orientation. These activities include hiring and firing staff, selecting vendors and volunteers, and providing services. We strive to create an inclusive and welcoming environment that is accessible to all our employees, clients, volunteers, vendors, subcontractors, and vendors.

PRIVACY POLICY

The Brick Store LLC Privacy Policy governs your use of the Site and member’s portal.

The Brick Store respects your privacy. We may collect information about you to improve your experience on The Brick Store website and member portal site. We use security technology to protect your privacy and follow policies to prevent unauthorized uses of your personal data.

Information about which pages of our website are accessed or visited is collected. Information volunteered by visitors when they register for our product, mailing list and/or membership lists is also collected. Information collected through our online forms will only be used internally for business purposes such as providing feedback on product, financial information, technical support and funding/grant applications. Any individual identifiable information will not be shared with any outside entities.

We track and monitor usage of our website, including viewing patterns and customer behavior. This information is compiled into a statistical aggregate. This aggregate information is used together with your personal information for internal business and administrative purposes. These include improving our website, operations and customer service.

Privacy Protection 

To comply with reporting obligations, and for business or marketing purposes, we may share aggregate information about website traffic and usage patterns.

Use of Cookies

Cookies are bits of information stored on your computer that can be used to keep records. Cookies may be used to improve your experience when visiting our website. Cookies allow us to see which areas of our website are most popular. This allows us to make improvements and give us direction. Cookies are not used to collect personal information from your computer.

Privacy Policy Changes

We will make changes to our privacy policy if necessary. You will be able to see what information we have, how we use it, and whether or not we share it with anyone. Any changes to our privacy policies will take effect upon publication. If you have any further questions regarding our privacy practices, please email: info@brickstore1830.com.