Legal Agreement: Terms of Service
All members must agree and adhere to Community Standards. They can be found here: https://docs.google.com/document/d/1LMiKx7WvxA4SK08pSh4ot5aNBtQt4r09MwOdWH6W7BU/edit?usp=sharing You will need to request permission to view this document, it will be granted and then you can view it.
All community memberships are on a month to month basis. Business memberships require 12-month commitment. Mio Creativo Membership Agreement This Membership Agreement (hereinafter “Agreement”) is made between Emily Britton-Arnold, LLC – DBA Mio Creativo, agent for 2200 W War Memoria Dr, DL01, Peoria IL 61613 (hereinafter “Mio Creativo” or “we” or “us”) and (hereinafter “Member,” “you,” or “your”) and is effective as of your sign up date. This Agreement outlines what is expected of you as a member of the Mio Creativo community, whether participating for one day or every day. The goal of Mio Creativo is to ensure that we create an exceptional work environment for the benefit of everyone involved. Mio Creativo was developed to create a special opportunity at 2200 W War Memorial Dr., DL01, Peoria IL 61613 for business owners and freelancers. Certain amenities will be provided by Mio Creativo to support a comfortable work environment for its members. By joining Mio Creativo, you agree to abide by the rules (“Membership Rules”). As a condition to membership, you agree to abide by the Membership Rules set forth in this Agreement, and any other reasonable rules that may be established by Mio Creativo from time to time at its sole discretion. Any questions regarding the Membership Rules should be addressed in writing by email to firstname.lastname@example.org. Included in membership: Coffee, break room, phone room, restroom, events. SECURITY DEPOSIT (For office memberships) Any membership that includes an office is given a security deposit to Mio Creativo in the amount stated above. If member fully complies with all of the terms of this Agreement, Mio Creativo will return the security deposit after the Term ends. If member does not fully comply with the terms of this Agreement, Mio Creativo may use the security deposit to pay any amounts owed. MEMBER CANNOT USE THIS SUM FOR THE PAYMENT OF MEMBERSHIP. Member must obtain Mio Creativo prior written consent to install any/make alterations to their office. If consent is given, the alterations and installations shall become the property of Mio Creativo when completed and paid for, and shall remain with and as part of the office at the end of the Term. PAYMENT OF MEMBERSHIP FEES Your membership fees will be calculated based on the level of membership you select and will be paid monthly. All billing is done automatically through the Proximity app. See Community Standards for details. Monthly membership fees will be paid on the first of each month, in advance. Membership fees are not refundable and not transferable. DESCRIPTION OF SERVICES Mio Creativo may provide you with access to office space, work space, Internet access, conference room space, and other amenities defined in your agreement. PARTICIPATION You acknowledge that you are participating in or using the services at your own free will and decision. You acknowledge that Mio Creativo does not have any liability with respect to your access, participation in, use of the services, or any loss of information resulting from such participation or use. Mio Creativo Membership Guidelines Personal Conduct Please treat others in the Mio Creativo space with respect. This will include, but not be limited to, the following behavior: ● Collaboration is encouraged; however, please find the appropriate time and place to collaborate without disturbing other members. ● Phone Calls. If you have a brief phone call, feel free to make or take it, and keep it short and quiet. If you are going to be on the phone for longer, please use the phone room provided. ● Harassment. We have zero tolerance for anyone harassing other members or their employees or guests. Similarly, any member or guest that is harassing others, or making them feel uncomfortable, will face membership termination, at the sole discretion of Mio Creativo. ● Non-Solicitation. No soliciting for business from members. It will not be tolerated. We encourage business to happen organically, through conversation and developed relationships. ● Guests. Guests are welcome for up to 2 (two) hours to stop by for business, say hello, or check out the space. Guests are required to adhere to the rules of conduct and you are responsible for ensuring that your guests follow all rules as well. All guests must sign in at the greeters desk. ● Desk Use. There are different levels of memberships available. Offices and Reserved Desks are exclusive to those members who elect that level of membership. If you have a daily or non-dedicated membership, please respect those spaces that are reserved for Dedicated Members. Every other desk in the community area is available to be used on a first come, first served basis. You understand Mio Creativo is not responsible for any articles of your personal property left unattended in the Mio Creativo space. ● Refrigerator. The refrigerator is primarily for storing that day’s food, beverages, or items to be used by the community as a whole. Your food must be labeled and all food remaining in the refrigerator at the end of each week will be disposed of at the sole discretion of Mio Creativo. ● Overnight Use. Neither you, nor any other member is permitted to sleep anywhere in Mio Creativo space at any time or for any reason. ● Heat & Air Conditioning. Members are not permitted, at any time, to adjust the temperature in Mio Creativo. Pass temperature issues on to the manager. ● Locks and Security Access. For security reasons, the doors must be locked at all times with individual access provided by Proximity. Whether you are the first person into the space in the morning, the last out at night, or one of several arriving together, each member must access only him/herself into the space and ensure that the door is locked. ● Laws. You are responsible for knowing what laws are applicable to the conduct of your business and for complying with those laws. You are expressly prohibited from using Mio Creativo space for any purpose that is unlawful, prohibited, or that could damage, disable or impair any of the Mio Creativo property or property of members, or otherwise endanger the sustainability of the Mio Creativo community. This prohibition includes, but is not limited to, any attempt to gain access to any computer systems or networks of Mio Creativo or Mio Creativo members (beyond general web access), or any attempt to obtain any materials or information not intentionally made available to all Mio Creativo members. ● Alcohol; no alcohol is permitted on the premises of Mio Creativo, unless it is provided by an event within the space. Community Mio Creativo is a space full of driven, independent people that cheerfully encourage the quirkiness of others. Please feel free to give us your input, it will help continually elevate this community for all! Changes We will notify Member in writing of changes to the Member Rules and this Agreement. Termination If you have elected a Reserved Desk membership, your membership will automatically renew from month to month unless you tell us in writing that you intend to cancel it 30 days prior to the start of the following month. At our sole discretion, we may give a member a warning or terminate that members’ agreement, with notice from Mio Creativo, immediately. Additional Items No member may use Mio Creativo in connection with: ● Contests, pyramid schemes, chain letters, junk email, spamming or similar 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, or unlawful 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 the computers or property of Mio Creativo or another member. ● Wireless access to the Internet is provided during your membership. Service interruptions, if they occur, will be handled as promptly as possible. Mio Creativo is not responsible for any data, business or other losses as a result of such interruptions. You are responsible to protect your own computer and data from electrical surges, theft, virus, or other malicious attack. You agree that when participating in or using the services, you are responsible for obtaining the proper anti-virus software for your electronic devices. Confidences You acknowledge that during your membership in Mio Creativo, you are going to be exposed to confidences, which means information (such as business information, trade secrets, technology, customers and prospects, and other confidential information) disclosed by Mio Creativo or by other members of Mio Creativo. You agree to keep confidential and not to disclose to anyone or otherwise use Mio Creativo confidences, you understand that they remain the exclusive property of whomever disclosed them, and you don’t acquire any rights to such Mio Creativo confidences. Complaints Please let us know if you have any issues with your service or other members of Mio Creativo. We will address the issue, if we can and if we can’t, you’ll always have the option to terminate your membership. Liability Neither Mio Creativo nor its members will assume any liability to you or any of your employees or guests with respect to your access to or participation in Mio Creativo or use of its services, nor any loss of information or other property resulting from such participation or use. We will not be liable for any damages or injuries to members, their employees, clients, or guests, or other parties that you or any other member may invite to the Mio Creativo space. We strongly suggest that you obtain Renters Insurance, General Liability Insurance, Automotive Liability Insurance and Personal Property Insurance to protect yourself and your business. You are also responsible for obtaining Workers Compensation Insurance if required by law. Disclaimer 1. MIO CREATIVO PROVIDES SERVICES “AS IS” AS A SERVICE AND NOT AS A LEASE OF REAL PROPERTY. MIO CREATIVO DISCLAIMS ALL WARRANTIES AND CONDITIONS, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE OR USE, TO THE EXTENT PERMITTED BY LAW. THERE IS ALSO NO WARRANTY OF TITLE, QUIET ENJOYMENT, OR POSSESSION. THE ENTIRE RISK OF PARTICIPATING IN OR USING MIO CREATIVO SPACE AND SERVICES REMAINS WITH YOU. 2. IN NO EVENT WILL MIO CREATIVO OR ITS AGENTS, OWNERS, EMPLOYEES OR MEMBERS 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 MIO CREATIVO SPACE OR SERVICES, OR OTHERWISE, TO THE FULL EXTENT PERMITTED BY LAW. Indemnification You will indemnify and hold Mio Creativo including its agents, owners, employees and members, harmless from and against any claim by or on behalf of any person arising from your membership in, or use, or occupancy of the Mio Creativo space or the conduct of your business or from any activity permitted or suffered by you or your employees or guests in or about the Mio Creativo space including adjacent parking and common areas. Your indemnity will extend to all costs, counsel fees, expenses and liabilities incurred in connection with any claim or suit brought against Mio Creativo and upon notice from Mio Creativo, you will defend any such claim by counsel reasonably satisfactory to Mio Creativo. Miscellaneous Take note that you cannot assign this Agreement without the prior written consent of Mio Creativo. Since Mio Creativo is situated in the City of Peoria, we all agree that the laws of the State of Illinois govern this Agreement. And we further agree that exclusive jurisdiction and venue for all purposes under this Agreement shall be the courts in Peoria County, IL, and we all consent to this jurisdiction and venue. Finally, in the 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 law. By clicking the agree box, you are agree to this document and participate in this agreement in its entirety.