
Month-to-Month Membership Agreement
This agreement is between CLIENT NAME “the Member” and The MindHER Company, an Oklahoma business entity doing business as The Collective (“The MindHER Company d/b/a The Collective”).
1. Membership and Services:
Membership: Membership in The MindHER Company d/b/a The Collective grants The Member a non-exclusive, revocable, prepaid usage license to access and utilize the provided services and amenities. This agreement does not create a tenancy.
Services and Amenities: The Membership shall include the following:
Unlimited use of workspace during service hours
Wireless internet.
Semi-private space for client/partner meetings.
A keyless entry code to access the front door.
24/7 camera surveillance for security purposes.
Use of printer.
Use of all appliances in the kitchen.
Networking/community events.
2. Use of Services:
Prohibited Uses: The Member shall not use the services for any unlawful or prohibited purpose.
Member Conduct: The Member agrees to comply with the following guidelines:
Restrict access to individuals who are neither Members nor authorized guests.
Prohibit access to individuals under the age of 18.
Refrain from restricting or inhibiting other Members' use of the Services.
Abstain from promoting or selling products or services within The Collective unless initiated by an interested party.
Use any material or information, including images or photographs, made available through the services in any manner that infringes any copyright, trademark, patent, trade secret, or other proprietary right of any party.
Avoid using materials or information that infringe on any intellectual property rights.
Adhere to all applicable codes of conduct and guidelines.
Refrain from collecting information about others without their consent.
Comply with all applicable laws and regulations.
Avoid downloading or viewing pornography or illegal or inappropriate content.
3. General Guidelines:
Service Hours: The Collective's service hours are 6:00 AM to 5:00 PM, Monday through Friday. However, evenings and weekends are available for co-working when an event rental does not conflict and with approval.
Access: Members will be assigned a keyless entry code for unlimited use within the agreed-upon hours.
Security: Members must lock the door behind them upon arrival and departure. The space is monitored 24/7 via cameras for the safety and security of its members.
Space Maintenance: Members must leave the space clean and tidy. If you use the last sheet of printer paper, please refill it. When the dispenser's toilet paper and paper towels are empty, please replace them, and so on. Any member who uses the provided dishes must clean and put them away before leaving the space. When we all act accordingly, it will continue to be the productive oasis it was created to be.
Respect: Members will respect all other Members and leave the space better than you found.
Artists: The artists who show in the space generously share their hard work for us to enjoy! Please do not touch any of the art pieces. If you are interested in purchasing a piece, I will connect you with the artist to arrange it.
4. Membership Term and Renewal:
Initial Term: Membership to The MindHER Company d/b/a The Collective will commence upon executing this Agreement.
Automatic Renewal: Unless terminated as provided herein, the Membership will automatically renew monthly at the then-current membership rate
5. Membership Fees:
Monthly Fee: The Member shall pay a monthly membership rate of Three Hundred Twenty-Five Dollars ($325.00) due every 30 days from the date of this Agreement.
Automatic Payment: The Membership fee will be automatically charged monthly to the Member's designated payment method every 30 days from the date of this agreement.
Late Fee: If the Member's monthly payment is declined or not paid in full within forty-eight (48) hours of the due date, a late fee of Thirty-Five Dollars ($35.00) will be assessed.
6. Payment Information:
Valid Payment Method: The Member agrees to always maintain a valid major credit card or debit card on file with The MindHER Company d/b/a The Collective.
Payment Method Updates: The Member must promptly notify The MindHER Company d/b/a The Collective by text message, phone, or email of any changes to the payment method information. A late fee will apply if the Member’s credit or debit card is not updated before the next payment date and payment is declined.
Payment Failure & Membership Termination: If a payment is declined twice, whether consecutively or non-consecutively, The MindHER Company d/b/a The Collective reserves the right to terminate the Member’s membership immediately. The Member will be notified of the termination via email, and any outstanding balances will remain due and payable.
7. Termination:
Termination by The MindHER Company d/b/a The Collective: The MindHER Company d/b/a The Collective may terminate this Agreement and the Member's membership, at any time, at its sole discretion, for any reason, for any breach of this Agreement or The MindHER Company d/b/a The Collective Values and Member Guidelines, but in no event will the Member be entitled to a refund of any portion of the membership fees already paid by the Member.
Termination by the Member: The Member may terminate this Agreement and the Membership at any time and for any reason, but the Member will not be entitled to a refund of any portion of the membership fees; the early termination fee will be applied.
Notice Requirement: To terminate the membership, the member must provide written notice to The MindHER Company d/b/a The Collective at least one (1) week prior to the end of the current month Membership term. Failure to provide such notice will result in the automatic monthly term renewal at the then-current membership rate.
8. Use of Voice, Image and Likeness:
The Member authorizes The MindHER Company d/b/a The Collective to use my voice, image, and likeness, with or without my name, for advertising and promoting The MindHER Company d/b/a The Collective’s products and services, as well as for other purposes deemed appropriate by The MindHER Company d/b/a The Collective, provided it does not violate any laws.
9. Confidentiality:
The member acknowledges and agrees that during their participation in and use of the Services, they may be exposed to confidential information. "Confidential Information" shall mean all information, in whole or in part, relating to The MindHER Company d/b/a The Collective or its Members that would reasonably be considered confidential, private, or proprietary to The MindHER Company d/b/a The Collective or its Members and that is not generally known to the public. The release of such Confidential Information could reasonably be expected to cause harm to The MindHER Company d/b/a The Collective or its Members or provide a competitor with a market advantage.
Confidential Information includes but is not limited to, information about business, sales, operations, know-how, trade secrets, business affairs, any knowledge gained through examination or observation of or access to the facilities, computer systems, books, and records of The MindHER Company d/b/a The Collective or its Members, any analyses, compilations, studies, or other documents prepared by The MindHER Company d/b/a The Collective or its Members, or otherwise derived in any manner from the Confidential Information that the Member is obliged to keep confidential or knows or has reason to know should be treated as confidential.
All Confidential Information remains the sole and exclusive property of The MindHER Company d/b/a The Collective or the respective disclosing party. The Member acknowledges and agrees that nothing in this Agreement or their participation or use of the Services shall be construed as granting any rights to the Member, by license or otherwise, in or to any Confidential Information or any patent, copyright, or other intellectual property proprietary rights of The Collective or any participant or user of the Services.
10. Insurance
The MindHER Company d/b/a The Collective carries Liability and Business Personal Property insurance. The MindHER Company d/b/a The Collective’s insurance policy does not cover your own equipment while using our space or injuries or damage you cause to other members, your clients, other guests, or their property (liability). As a user, you are not required, but it is strongly suggested that you carry an insurance policy to cover your own equipment and liability to others while using our space. That policy may cover your current residence/office, as well as the premises of The MindHER Company d/b/a The Collective.
11. Disclaimer of Warranties:
As Is: The MindHER Company d/b/a The Collective provides the Services "as is" and without warranties of any kind.
12. Release and Waiver
You release, waive, discharge, and covenant not to sue The MindHER Company d/b/a The Collective, its subsidiaries, affiliates, divisions, and their officers, agents, shareholders, members, representatives, employees, spouses, family members, successors, and assigns, including Amanda Casey and Patrick Casey (collectively, "Releasees"), from any and all liability arising out of or connected with your participation in the Services. This includes, but is not limited to, claims for:
Claims: Any and all claims, causes of action, obligations, lawsuits, charges, complaints, controversies, damages, costs, or expenses of any kind, whether direct or indirect, in law or in equity, whether known or unknown.
Damages: Direct, special, incidental, indirect, punitive, consequential, or other damages, including theft, property damage, personal injury, illness, loss of profits, loss of confidential or other information, business interruption, loss of privacy, and failure to meet any duty.
13. Limitation of Liability:
To the maximum extent permitted by law, Releasees shall not be liable for any damages arising out of or related to your participation in the Services, even if caused by negligence, strict liability, breach of contract, or warranty.
Your exclusive remedy for any damages shall be limited to actual damages incurred by you.
14. Non-Disparagement:
You agree not to make any defamatory or disparaging statements about The MindHER Company d/b/a The Collective or its officers, directors, employees, personnel, agents, policies, services, or products.
15. Indemnification:
You agree to indemnify, defend, and hold harmless Releasees from any claims, liabilities, losses, damages, costs, expenses, judgments, fines, penalties, including attorney's fees, arising out of your actions, negligence, errors, omissions, willful misconduct, or fraud related to the Services.
16. Severability:
If any provision of this agreement is found to be invalid, illegal, or unenforceable, the remaining provisions shall remain in full force and effect.
No Liability: The MindHER Company d/b/a The Collective will not be liable for any damages arising from the Member's use of the Services.
17. Governing Law:
This Agreement shall be governed by and construed in accordance with the laws of the State of Oklahoma.