This Membership Agreement is made as of the Agreement Date between STAK Space LLC (“STAK Space”) and Member (“Member”, “You”) for a non-transferable license to occupy and use certain Space located in the Premises (“License”).
This Agreement, including the following documents, the General Terms and Conditions attached as Schedule 1 (“General Terms and Conditions”), the Community Standards attached as Schedule 2 (“Community Standards”) the Membership Plan attached as Schedule 3 (“Membership Plan”) and, together with any exhibits or annexes attached hereto, will be effective as of date of the parties’ signatures (“the Effective Date”). To the extent there is any conflict between the General Terms and Conditions and the Purchase Form, then the Purchase Form shall govern.
General Terms and Conditions
- Definitions
“Authorized Signatory” means an individual authorized to legally bind Member.
“Agreement Date” means the date on which Member and STAK Space sign the Purchase Form or Member otherwise reserves Space via the STAK App.
“Common Area” means all portions of the Premises designated by STAK Space for shared use by multiple Members and their Invitees, including, but not limited to, hallways, restrooms, kitchens, lounges, event spaces, reception areas, meeting rooms, and any outdoor spaces. Common Areas do not include private offices, dedicated desks, or other areas specifically assigned to individual Members. The availability, condition, and configuration of Common Areas may be modified, relocated, or restricted by STAK Space at its sole discretion, subject to reasonable notice.
“Deposit” means an amount equal to the Monthly Charge for 1 month unless otherwise specified in writing by STAK Space as of the Agreement Date.
“Fees” mean the “Setup Charge” due at the beginning of the Term and the “Monthly Charge” and “Incidentals” due on the Agreement Date for the first month and monthly thereafter, if applicable, as set by STAK Space as of the Agreement Date.
“Member” or “You” means each Member, Member Company and Team Member as listed on the Purchase Form this Agreement and all Terms and Conditions, Community Standards, Schedules and Exhibits.
“Member Company” means a company, entity, or individual that enters into a Membership Agreement with STAK Space.
“Primary Member” means the primary in-Premises Member and contact for STAK Space.
“Premises” means the building or portion of a building in which the Space is located and offers or plans to offer offices, workstations, other workspaces, and/or other services to Members, as set by STAK Space as of the Agreement Date as set forth in the Purchase Form.
“Space” means the area(s) Member reserves via license of private office space, dedicated desks or short-term meeting and workspaces booked via reservation through STAK Space or the STAK App.
“STAK App” means the proprietary mobile and web application developed and maintained by STAK Ventures, which serves as an integrated platform for managing and accessing the various services and amenities provided by STAK Ventures. The STAK App includes, but is not limited to, features for booking and managing coworking spaces, scheduling and accessing shared resources, participating in community events, communicating with other members, managing billing and payments, and utilizing transportation and other mobility services. The STAK App also includes any updates, upgrades, patches, improvements, enhancements, modifications, or new versions thereof, as well as any related documentation and support services provided by STAK Ventures.
“STAK Go” refers to the transportation fleet access program offered by STAK to eligible Members. This program provides Members with the ability to utilize STAK’s shared vehicles—which may include cars, bicycles, scooters, or other modes of transportation—for approved personal or business purposes. The specific terms, conditions, eligibility criteria, and operational guidelines governing the use of the STAK Go program are detailed in a separate membership and agreement, which is incorporated herein by reference.
“STAK Space” means STAK Space LLC, a Delaware limited liability company, and our affiliates, parents, and successors and each of our and their employees, assignees, officers, agents and directors.
“STAK Space Personal Property” means all furniture, fixtures, equipment, technology, artwork, and other personal property provided by STAK Space within the Premises, including but not limited to desks, chairs, tables, shelving, electronics, and décor. STAK Space Personal Property is owned or leased by STAK Space and is provided for the Member’s use as part of the Services under this Agreement. Members and their Invitees are prohibited from altering, removing, or relocating STAK Space Personal Property without prior written consent from STAK Space. Damage to STAK Space Personal Property caused by a Member or their Invitees, beyond normal wear and tear, shall be the responsibility of the Member to repair or replace, as determined by STAK Space in its sole discretion.
“Taxes” means the taxes set by STAK Space and paid by Member to STAK Space or through the STAK App.
“Team Member” means each person authorized by the Primary Member or Company Member as being allowed to use the Member’s space and receive the Services (as defined below) or other benefits of the STAK Space Membership.
“Term” means the period of time beginning on the Start Date and ending on the later of the End Date, if specified, or the Minimum Term number of months after the Start Date of the reservation specified by Member and authorized by STAK Space.
2. Members & Membership Plans
- Membership Plans. STAK Space offers Membership Plans to its Members, and each plan varies in the length of commitment and the amenities included. The Membership Plans include (i) Basic Member, (ii) HQ Member, and (iii) Full STAK Member. A dedicated desk or private office can be added to any of these membership plans. See Schedule 2 to understand the benefits and obligations for your specific Membership Plan.
- Member List. Only those individuals set forth on the Purchase Form as provided by STAK Space will be deemed to be “Members” and entitled to the benefits described in this Agreement. Members will be able to begin using, accessing, and/or receiving the Services on the later of (i) the Start Date or (ii) the date we confirm the addition of such individual to the Purchase Form. You are responsible for maintaining the accuracy of the Purchase Form, the first version of which is attached to this Agreement. To make changes to your Purchase Form, you must have your Primary Member send an email, from the Primary Member’s email account on file with STAK Space, to the email address specified at the bottom of the Purchase. The email requesting the change must include the name(s) and email address(es) of the departing and new Member(s) and the effective date of the change. The changes will not take effect until we confirm that we have received the email and have accepted and applied the change, in our sole discretion. A Member will no longer be allowed access to the Services upon the earlier of (1) the termination or expiration of this Agreement; (2) your removal of such Member from the Member List or (3) our notification to you that such Member will be removed from the Member List, for example if such Member violated this Agreement. If the number of Members or other individuals regularly using your Space exceeds the number allocated on the Purchase Form, you will be required to pay the current additional fees. In no event will the number of Members exceed 1.5 times the number of desks in the Premises, regardless of additional fees paid. We reserve the right to further limit the number of Members allowed at any point.
Upon the addition of a Member to the Purchase Form, we will create a profile for such Member on the STAK Member Network. Such profile will be viewable by us, our employees and agents, and potentially other members as such feature may be made available. Such profile may include a photograph of the Member, in addition to other information about the Member. You are responsible for informing each of your Members about the creation of such profile and obtaining their consent to the collection, use and disclosure of their personal information for such purposes. By sending us a request to add an individual to your Purchase Form, you are representing and warranting that you have obtained all necessary consent from such individual for the creation of such profile.
- Changes to or Removal of Primary Member or Authorized Signatory. An Authorized Signatory generally has the sole authority to make changes to or terminate this Agreement. A Primary Member will generally serve as STAK Space’s primary contact regarding matters that involve your Members, the Space or the Premises. We will be entitled to rely on communications to or from the Authorized Signatory or Primary Member as notice to or from the applicable Member Company. However, an Executive Officer of the applicable Member Company (“Executive Officer”) will have the authority to override the request of an Authorized Signatory or Primary Member, as applicable, provided that we receive such a request within 24 hours following such Authorized Signatory’s or Primary Member’s request. We will be entitled to request reasonable information to confirm that an individual claiming to be an Executive Officer truly is one and to exercise our discretion in determining whether a particular position constitutes an “Executive Officer.” An Executive Officer will also have the authority to remove or replace the individual serving as the Authorized Signatory and/or Primary Member. Unless we receive instructions from the Authorized Signatory or Executive Officer, if the individual designated as the Primary Member ceases to provide services to the Member Company or ceases using the Office Space regularly, we will use our reasonable judgment in designating a replacement Primary Member.
3. Services
- Services. Subject to the terms and conditions of this Agreement, including any attachments, exhibits, schedules, and addenda (including any additional or supplemental Purchase Forms) (collectively, “Agreement”) and any other polices that we make available to you from time to time, during the Term (defined below), STAK Space will use commercially reasonable efforts to provide you (and your Team Members, as applicable) the services described below. These services are referred to in this Agreement as the “Services.”
- Non-exclusive access to the Shared Facilities, Common Areas and Space, unless otherwise specified in writing by STAK Space.
- Regular maintenance of the Shared Facilities, Common Areas and Space, consistent with the maintenance provided to similar workspaces in the Premises, provided that we will not be responsible for damaging exceeding normal wear and tear.
- Furnishings for the Space of the quality and in the quantity typically provided to other STAK Sites with similar office space, workstations, and/or other workspace, as applicable, in the Premises.
- Access to and use of the STAK App.
- Access to and use of the shared Internet connection.
- Use of the printers, copiers and/or scanners made publicly available in the Premises. Additional fees may apply.
- Ability to reserve or use conference rooms or creator spaces in any STAK Space Premises during such Premises’ Regular Business Hours on Regular Business Days, subject to availability and your prior reservation of such conference rooms and your Membership Plan.
- Reasonable heat and air-conditioning in the Shared Facilities, Common Areas and Space during Regular Business Hours on Regular Business Days.
- Opportunity to participate in Members-only events, benefits and promotions based on Membership type as outlined on Purchase Form.
- Premium Services. Subject to the terms and conditions of this Agreement, availability under your Membership Plan, you may have access to certain premium services such as access to virtual office, package and mail handling, special reservations, car-sharing, lounges and health and wellness facilities. Member use of such premium services is subject to execution of an addendum, license agreement and terms and conditions specific to such service. See Exhibit 1: Premium Services.
- Business Hours/Days. “Regular Business Hours” are generally from 8:00 a.m. to 5:00 p.m. on Regular Business Days in the time zone where the applicable Office Space is located, with the exception of days prior to local bank/government holidays, when Regular Business Hours end at approximately 2:00 p.m. “Regular Business Days” are all weekdays, except local bank/government holidays and up to three other days of which we will inform you. Additional access outside Regular Business Hours may be granted based on location or membership type.
- Our Reserved Rights. STAK Space is entitled to access your Space, with or without notice, in connection with the provision of the Services, for sanitary, safety or emergency purposes or for any other reasonable purpose. We may temporarily move furniture contained in your Space. We reserve the right to alter your Space, provided that we will not do so in a manner that substantially decreases the square footage of your assigned Space or related amenities. We may also modify or reduce the list of Services or furnishings provided for your Space at any time. The Services may be provided by us, an affiliate, or a third party.
- Office Space Not Timely Available. If we are unable to make the Office Space available by the Start Date for any reason, including due to (i) changes in construction plans, delays in obtaining permits, or any other obstacles in procuring space in any Premises, or (ii) delays caused by you or by changes requested by you, we will not be subject to any liability related to such inability, nor will such failure affect the validity of this Agreement. In this event, except as set forth in this Agreement, you will not be obligated to make payments of the Membership Fee until the Office Space is made available to you.
4. Use of Space
- Compliance. You agree to abide by and cause your Team Members, employees, agents, guests, and invitees, contractors and subcontractors (“Invitees”) to abide by this Agreement, these Terms and Conditions, the Community Standards and any other policies or instructions provided by us.
- Access and Delivery. The Space is accepted by Member in its “as-is” “where-is” condition and configuration. If, for any reason, STAK Space is unable to provide use of the Space at the anticipated Start Date, you agree that the Term shall be automatically postponed until the Space becomes available. STAK Space’s failure to deliver the Space shall not subject STAK Space to any liability for loss or damage, nor shall it affect the validity of the License. If STAK Space does not deliver the Space within 1 week after the anticipated Start Date, Member shall have the right to cancel the License with no penalty and be entitled to a full refund of any amounts paid.
- Workplace Use and Access. You agree to use the Space provided to you for general office purposes only and you may not use the Space to carry out any illegal activities or use the Space in violation of law or the Community Standards. Further, you shall not use or permit the usage of any illegal drug or substance in the Space or in the Premises and shall not make or permit any unreasonable or unnecessary noises or odors in or upon the Space or the Premises. You shall not commit, or suffer to be committed, any waste upon the Space or any nuisance (public or private) or other act or thing of any kind or nature whatsoever that may disturb the quiet enjoyment or cause unreasonable annoyance of any other occupants in the Premises.
- Good Care. You must take good care of and not damage, waste or make any changes to the Space or space leased, owned or managed by STAK Space of which the Space is a part (“STAK Space Area”), or the Premises. You shall not alter, add, replace, remove, or damage any furnishings, equipment or other personal property located in, on or around the Space, the Shared Facilities, the STAK Space Area or the Common Areas which is not owned by you or your Invitees (“STAK Space Personal Property”). At the expiration or earlier termination of this Agreement, you must deliver the Space and all STAK Space Personal Property to STAK Space in good condition, normal wear and tear excepted. If any damage (beyond normal wear and tear) to the Space or STAK Space Personal Property should occur while in your care, custody or control, you agree to pay reasonable repair/replacement costs and to notify STAK Space immediately upon discovery of such damage occurring, but no later than 30 days later. You are liable for any damage caused by you or your Invitees to the Space, the Shared Facilities, the Common Areas, STAK Space Personal Property or the Building. YOU DISCLAIM AND WAIVE ALL WARRANTIES WITH RESPECT TO THE STAK SPACE PERSONAL PROPERTY, BOTH EXPRESS AND IMPLIED, INCLUDING BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
- Common Areas. If available at the Premises, you may also have access to and non-exclusive use of any portions of the Premises designated for common use of tenants and others (“Common Areas”), as, and to the extent, described in the Community Standards. The Common Areas may be changed, relocated, altered, eliminated, or otherwise modified at any time during the Term without the consent of, or notice to, Member. Unless otherwise set forth in the Community Standards or in Member’s Membership Plan Benefits, the right to parking is not provided under this Agreement.
- Shared Facilities. If available at the Premises, you may also have access to and non-exclusive use of any shared conference rooms, office equipment, and kitchenettes (“Shared Facilities”) located near the Space on a first-come, first-served basis as, and to the extent, described in the Community Standards. STAK Space may make changes to the Shared Facilities from time to time during the Term including, without limitation, removal of all or portions of the Shared Facilities without your consent or notice to you.
- Fitness Center: Members will adhere to the rules and regulations posted in the fitness center. The fitness center is not supervised. Members are responsible for their own appropriate use of the equipment. Member shall inspect each piece of equipment prior to use and will refrain from using any equipment that may be functioning improperly or that may be damaged or dangerous. Member shall immediately report to management any equipment that is not functioning properly, is damaged or appears dangerous, as well as any other person’s use that appears to be dangerous or in violation with the fitness center rules and regulations. Member will consult a physician before using any equipment in the fitness center and will refrain from such use or participation unless approved by physician. Guests are not permitted in the fitness center. No glass, smoking, eating, alcoholic beverages, pets, or black sole shoes are permitted in the fitness center.
- Access Control & Security. Any keys or entry cards for the Space or the Premises, which STAK Space lets you use, remain the STAK Space’s property at all times. You shall not make any copies of them or allow anyone else to use them without STAK Space’s consent. You shall not share nor allow anyone else to use any digital login or access passcodes issued via the STAK App without STAK Space’s consent. Any loss of keys or entry cards must be reported to STAK Space immediately, and you must pay the cost of replacement keys or cards and or changing locks, if required by STAK Space. You shall not place any additional locks or bolts of any kind upon any of the doors or windows of the Space or Premises nor make any changes to existing locks or the mechanisms thereof.
- Name and Address. You may only conduct business in your name. You shall not put up any signs on the doors to the Space or Premises or anywhere else, which are visible from outside the Space you are using, or the Premises without STAK Space written consent.
- Mail and Packages. Mail and packages may not be delivered to you at the Space or Premises unless subscribed to a monthly virtual office subscription through STAK Space. Mail and packages received without a virtual office subscription will be returned to the sender. The postal services may be subject to additional federal, state, and local requirements. To the extent we provide mail and package services with the subscription in place, we shall not be liable for any mail or packages received without a STAK Space employee’s signature indicating acceptance. Member shall not use our mail and deliveries services for fraudulent or unlawful purposes, and we shall not be liable for any such use. Provision of mail and package services is subject to Member providing us with all information and documents that we may request from time to time in order to comply with applicable Anti-Money Laundering Laws. Member shall be required to follow all instructions for ensuring incoming mail and packages are properly labeled according to the virtual office guidelines. You are required to retrieve any mail or delivered packages promptly on delivery. Any mail or packages left uncollected for more than 3 days will be subject to collection by STAK Space. If STAK Space collects and stores unclaimed packages, you may be charged a storage fee at the discretion of STAK Space. You are required to maintain the tidiness of your Space and may not use your Space to store unopened packages and other deliveries or to leave in Common Areas. STAK Space is not responsible for any damage or loss of unclaimed mail or packages due to your failure to retrieve them promptly.
- Guest Policy: Members may host up to two (2) guests at a time within STAK Space shared coworking areas, meeting rooms (if reserved), or event spaces, provided that guests are not permitted to independently use facilities such as desks, private offices, fitness centers, or lounges. Each member can host up to ten (10) guest visits per month, with each individual guest allowed to visit a maximum of three (3) times per calendar month. Guest visits are limited to four (4) hours per day unless associated with a specific meeting or event reservation. All guests must be pre-registered through the STAK App or guest registration form, check in at the front desk upon arrival, and display a temporary guest pass during their visit. Members are fully responsible for their guests’ conduct and any damage caused by their guests, and guests are required to comply with all STAK Space Community Standards. Abuse of guest privileges, including exceeding visit limits or repeated hosting of the same guest, may result in penalties such as day pass fees, revocation of guest privileges, or mandatory membership upgrades. Exceptions for special events or extended visits may be pre-approved by STAK Space management and may incur additional fees. STAK Space reserves the right to enforce this policy, deny access, or remove guests for non-compliance.
5. Membership Fees; Payments
- Payments Due Upon Signing. Upon submitting a signed and completed Agreement, you will be obligated to deliver to us, in the amount(s) set forth on your Purchase Form, (i) a Deposit (ii) the Setup Fee, and (iv) any applicable taxes.
- Membership Fee. During the Term (defined below) of this Agreement, we will process payment for your Membership Fee and other then-outstanding fees, in advance, monthly on a set day of each month. You shall be responsible for having the necessary funds available in your payment account on the agreed upon date. The Membership Fee set forth on the Purchase Form covers the Services for only the number of Members indicated in the Purchase Form. Additional Members will result in additional fees.
- Deposit. The Deposit will be held by STAK Space during the Term as security for the performance by you of all of your obligations under this Agreement. STAK Space may apply any portion of the Deposit to amounts owed to STAK Space for (i) any damage to the STAK Space Personal Property, the Space, the STAK Space Area, the Shared Facilities, or the Premises, (ii) any overdue Fees or Taxes and/or (iii) amounts STAK Space may incur for any losses or costs arising out of your default under this Agreement (including any damage or deficiency arising in connection with the relicensing of the Space), in each case solely at the discretion of STAK Space. If, upon the expiration or earlier termination of this Agreement, you have fully complied with all terms of this Agreement and the Community Standards, remitted all amounts due and payable, and surrendered the Space and all keys, access cards, building passes and all other property provided to you by STAK Space (including the STAK Space Personal Property), the Deposit shall be returned to you within 30 days after the expiration or earlier termination of the Term, less any amounts applied as described above. STAK Space shall not be required to maintain the Deposit in a separate account. No interest will be paid on the Deposit except as may be required by law. The Deposit not intended to be a reserve from which fees may be paid. In the event you owe us other fees, you may not rely on deducting them from the Deposit but must pay them separately. If any portion of the Deposit is so used or applied by STAK Space during the Term, then within 5 days after STAK Space gives written notice to you, you shall deposit with STAK Space cash in an amount sufficient to restore the Deposit to the original amount. Failure to do so will constitute a default under this Agreement.
- Invoices; Financial Information. STAK Space will send or otherwise provide invoices and other billing-related documents, information and notices to the Primary Member, unless a different Billing Contact is indicated on the Purchase Form. Change of the Billing Contact will require notice from the Authorized Signatory in accordance with this Agreement.
- Monthly credits. Each month, you will receive a certain number of credits for conference room use, copies, printouts and other products and services we may offer from time to time, according to your Membership Plan as specified on the Purchase Form. These allowances may not be rolled over from month to month. If these allocated amounts are exceeded, you will be responsible for paying fees prior to using the service.
- Late Fees. If any payment due STAK Space is not received within 5 days of the due date, STAK Space may, at STAK Space’s discretion, charge a late fee of 5% of the overdue amount or STAK Space may terminate this Agreement without cost or penalty to STAK Space. All remaining Fees and Taxes for the remainder of the Term are immediately due and payable by Member.
- Form of Payment. We accept payment of all amounts specified in this Agreement solely by direct withdrawal from your bank account or credit card. If you elect to pay via direct withdrawal, you are required to maintain sufficient money in your bank account to pay the fees described in this Agreement and to inform us promptly of any changes to the account. If you elect to pay via credit card, you are required to inform us promptly of any changes to your credit card information and must ensure that you replace such credit card and update the relevant information prior to its expiration date. Changing your payment method may result in a change in the amount required under this Agreement to be held as the Deposit. Only a single checking, savings or credit card account may be used at any given time to make payments under this Agreement. If payment via credit card fails on two occasions, we may require you to make payments via direct withdrawal.
- Outstanding Fees. When we receive funds from you, we will first apply funds to any balances which are in arrears and to the earliest month due first. Once past balances are satisfied, any remaining portion of the funds will be applied to current fees due. If any payments remain outstanding after we provide notice to you, we may, in our sole discretion, withhold Services or terminate this Agreement in accordance with Section 5€.
- No Refunds. Except as provided in Sections 5(b) and 5€ of this Agreement, there are no refunds of any fees or other amounts paid by you or your Members in connection with the Services.
6. Term & Termination
- Term. This Agreement will be effective when signed by both parties (“Effective Date”); provided that we have no obligations to provide you with the Services until the later of (i) the date on which payment of your Deposit and first month’s Membership Fee has cleared or (ii) the Start Date. If the Start Date is a Regular Business Day, you will be entitled to move into the Space after 11:00 a.m. (in the Space’s time zone) on the Start Date. If the Start Date is not a Regular Business Day, you will be entitled to move into the Space after 11:00 a.m. (in the Space’s time zone) on the first Regular Business Day after the Start Date. Unless otherwise set forth on the Purchase Form, following the Commitment Term, this Agreement shall continue on a month-to-month basis (any term after the Commitment Term a “Renewal Term”). The Commitment Term and all subsequent Renewal Terms shall constitute the “Term.” If no Commitment Term is indicated on your Purchase Form, the default Commitment Term shall commence on the Start Date and end 1 month after the Start Date. This Agreement will continue until terminated in accordance with this Agreement. If STAK Space opts to change the Monthly Charge upon renewal, STAK Space will provide at least 30 days’ notice. There will be no additional Setup Fee for Licenses that renew.
- Termination After the Start Date by You; Changes in Office Space. Except as set forth in this section, you may terminate this Agreement by delivering to us written notice at least 1 full calendar month prior to the month in which you intend to terminate this Agreement (“Termination Effective Month”). The termination will become effective on the last Regular Business Day of the Termination Effective Month; provided that the Agreement is not terminable during the Commitment Term. During the Commitment Term, if you deliver written notice to STAK Space at least 1 full calendar month before the end of the Commitment Term, you may terminate the Agreement as early as the last Regular Business Day of the Commitment Term. Any written notice delivered to STAK during the Commitment Term but less than 1 full calendar month before the end of the Commitment Term shall become effective in accordance with the rest of this Section 5(c). For instance, if you would like to terminate this Agreement on the last Regular Business Day of April, the last opportunity to deliver written notice to us would be on March 31. The written notice needs to be signed by the Authorized Signatory. You will not be entitled to pro ration with respect to the last month’s Membership Fee. For instance, if you vacate your Space before the last Regular Business Day of April, you will still owe us the full Membership Fee for the month of April. On the last Regular Business Day of the month, you must vacate the Office Space no later than 4:00 p.m. Changes in Space, to the extent you have already occupied a different Space, will also require compliance with the termination obligations set forth in this Section 5 for the Space being vacated.
- Termination or Suspension After the Start Date by Us. We may withhold Services or immediately terminate this Agreement: (i) upon breach of this Agreement by you or any Member or your Invitee; (ii) upon termination, expiration or material loss of our rights in the Premises; (iii) if any outstanding fees are still due after we provide notice to you; (iv) if you or any of your Members or Invitees fail to comply with the terms and conditions of this Agreement or any other policies or instructions provided by us; or (v) at any other time, when we, in our reasonable discretion, see fit to do so. You will remain liable for past due amounts, and we may exercise our rights to collect due payment, despite termination or expiration of this Agreement.
- Deposit. After termination or expiration of this Agreement, we will return any balance of your Service Retainer to you in accordance with Section 4(a) of this Agreement.
- Removal of Property Upon Termination. Prior to the termination or expiration of this Agreement, you will remove all of your, your Team Members’, and your or their guests’ property from the Space and Premises. After providing you with reasonable notice, we will be entitled to dispose of any property remaining in or on the Space or Premises after the termination or expiration of this Agreement and will not have any obligation to store such property, and you waive any claims or demands regarding such property or our handling of such property. You will be responsible for paying any fees reasonably incurred by us regarding such removal. Following the termination or expiration of this Agreement, we will not forward or hold mail or other packages delivered to us.
- Surrender. If you fail to surrender the Space and/or STAK Space Personal Property, STAK Space may, in compliance with applicable law and without prejudice to any other right or remedy, enter upon and take possession of the Space and STAK Space Personal Property and you shall be liable for all past due Fees and Taxes, all Fees and Taxes due for the remainder of the Term, all costs incurred by STAK Space to retake possession of the Space and STAK Space Personal Property, and other losses and damages which STAK Space may suffer as a result of Member’s default. In addition to the right to terminate this Agreement and collect damages, STAK Space shall have the right to pursue any other remedy now or hereafter available at law or in equity.
7. Additional Agreements
- Community Standards. During the Term, Member agrees to accept the terms, conditions, and policies provided by STAK Space relating to the use of the Space, including building security procedures, IT access and use procedures, maximum occupancy limitations, any relevant state or municipal laws and regulations and other terms or procedures provided by STAK Space (“Community Standards”), as they may be amended from time to time without advance notice to Member, in Schedule 2.
- Technology Release. In order to utilize all the functionalities offered by us, it may be necessary to install software onto a Member’s computer, tablet, mobile device or other electronic equipment. In addition, from time to time, at a Member’s request, we or an affiliate, or our or their agent or service provider, may help troubleshoot problems a Member may have in trying to access certain functionalities, such as printing or accessing the Internet. Regarding the foregoing, you agree that we and our affiliates:
- are not responsible for any damage to any Member’s computer, tablet, mobile device or other electronic equipment, or otherwise to Member’s system, related to such technical support or downloading and installation of any software;
- do not assume any liability or warranty in the event that any manufacturer warranties are voided; and
- do not offer any verbal or written warranty, either expressed or implied, regarding the success of any technical support.
- Data Privacy. STAK Space and STAK Ventures collects, processes, transfers and secures personal data about Member, Member Company and its Team Members in accordance with all applicable data protection laws. Member hereby confirms that (i) Member Company has and relies upon an adequate legal basis, including without limitation consent where required, to collect, process, and transfer a Member’s personal data to the STAK App, and (ii) Member Company collects and processes such Member’s personal data in accordance with applicable law.
- Waiver of Claims. To the extent permitted by law, you, on your own behalf and on behalf of your Members, employees, agents, guests and invitees, waive any and all claims and rights against STAK Space and our landlords at the Premises and our affiliates, parents, and successors and each of our and their employees, assignees, officers, agents and directors (collectively, the “STAK Parties”) resulting from injury or damage to, or destruction, theft, or loss of, any property, person or pet.
- Limitation of Liability. The aggregate monetary liability of any of the Stak Parties to you or your Members, employees, agents, guests or invitees for any reason and for all causes of action, will not exceed the total Membership Fees paid by you to us under this Agreement in the twelve (12) months prior to the claim arising. None of the STAK Parties will be liable under any cause of action, FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING FOR ANY LOST PROFITS, LOST DATA, PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, ARISING FROM MEMBER’S USE OF THE SPACE, ANY CONTENT OR OTHER MATERIALS ON, ACCESSED THROUGH OR DOWNLOADED FROM THE STAK APP, OR MEMBER’S USE OF THE SPACE, including without limitation any common areas or shared facilities, EVEN IF STAK SPACE OR LANDLORD, IF APPLICABLE, IS AWARE OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.. You acknowledge and agree that you may not commence any action or proceeding against any of the S Parties, whether, in contract, tort, or otherwise, unless the action, suit, or proceeding is commenced within one (1) year of the cause of action’s accrual.
- DISCLAIMER. EXCEPT AS PROVIDED HEREIN AND IN ANY COMMUNITY STANDARDS, STAK SPACE IS PROVIDING ITS SPACE TO MEMBER “AS IS,” AND STAK SPACE DISCLAIMS ANY AND ALL OTHER REPRESENTATIONS AND WARRANTIES WITH RESPECT TO THE SPACE, WHETHER EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. STAK SPACE CANNOT AND DOES NOT GUARANTEE AND DOES NOT PROMISE TO MEMBER, ANY SPECIFIC RESULTS FROM USE OF THE SPACE. STAK SPACE DOES NOT REPRESENT OR WARRANT THAT THE SPACE WILL MEET YOUR REQUIREMENTS; THAT THE SPACE MEETS APPLICABLE LEGAL STANDARDS OR IS SAFE AND SUITABLE FOR YOUR INTENDED USE.
- Indemnification. You will indemnify the STAK Parties from and against any and all claims, liabilities, and expenses including reasonable attorneys’ fees, resulting from any breach of this Agreement by you or your Members or your or their guests, invitees, or pets or any of your or their actions or omissions or arising out of or in connection with the use of the Space, Common Areas, Shared Facilities or Premises by you and your Members or your or their guests, invitees, or pets. You are responsible for the actions of and all damages caused by all persons and pets that you, your Members or your or their guests invite to enter any of the Premises. You shall not make any settlement that requires a materially adverse act or admission by us or imposes any obligation upon any of the STAK Parties without our written consent. None of the STAK Parties shall be liable for any settlement made without its prior written consent.
- Damage and Insurance. You are responsible for any damage you cause to the Space or any STAK Space Personal Property beyond normal wear and tear. STAK Space has the right to inspect the condition of the Space from time to time and make any necessary repairs. You are responsible for maintaining, at your own expense and at all times during the Term and for a period of two (2) years after, personal property insurance and commercial general liability insurance covering you and your Members for property loss and damage, injury to your Members and your Members’ guests or pets and prevention of or denial of use of or access to, all or part of the Premises, in form and amount appropriate to your business. You will ensure that STAK Space and the landlord of the applicable Premises shall each be named as additional insureds on any such policies of insurance and that you waive any rights of subrogation you may have against STAK and the landlord of the applicable premises. You shall provide proof of insurance upon our request.
- Pets. If the Space is in Premises designated by us to be one in which pets are permitted, and if any Member plans on regularly bringing a pet into the Space or otherwise into the Premises, we may require this Member to produce proof of vaccination for such pet in a form satisfactory to us. All pets should remain inside the Space unless accompanied by a Member. If any of your Members or Invitees brings a pet into the Premises, you will be responsible for any injury or damage caused by this pet to other members or guests or to the property of STAK or any employees, members or guests. None of the STAK Parties will be responsible for any injury to such pets. We reserve the right to restrict any Member’s right to bring a pet into the Premises in our sole discretion.
- Conduct. You acknowledge that STAK Space is and will continue to be an equal opportunity employer and that STAK Space prohibits any form of discrimination in employment, against any of its employees (whether by its employees, its clients, including you, or others), including, on the basis of race, color, creed, religion, age, gender, marital status, sexual orientation, national origin, or disability, or other characteristics protected by law. In recognition of this policy, you and your officers, directors, employees, shareholders, partners, agents, representatives, contractors, customers, or invitees shall be prohibited from participating in any type of harassing, demeaning or abusive behavior to employees of STAK Space or its affiliates, other clients or invitees, verbal or physical in the Premises for any reason. You further agree, upon the request of STAK Space, to cooperate with STAK Space in its efforts to enforce and maintain its equal employment opportunity, non-discrimination and anti-harassment policies. STAK Space may immediately terminate this Agreement without cost or penalty if Member or any of Member’s Invitees engage in any behavior that STAK Space deems is contrary to such policies.
- Other Members. We do not control and are not responsible for the actions of other Member Companies, Members, or any other third parties. If a dispute arises between Member Companies, Members or their invitees or guests, we shall have no responsibility or obligation to participate, mediate or indemnify any party.
- Video Surveillance. For security reasons, we may, but has no obligation to, regularly record certain areas in the Premises via video, provided that such areas will not include the enclosed Space (except for portions of the periphery of the enclosed Space that may be incidentally captured by the recordings).
8. Arbitration and Class Action Waiver
- Governing Law. This Agreement and the transactions contemplated hereby shall be governed by and construed under the law of the State of California, U.S.A. and the United States without regard to conflicts of laws provisions thereof and without regard to the United Nations Convention on Contracts for the International Sale of Goods or California’s or any other implementation of the Uniform Computer Information Transactions Act.
- Venue. Except that either party may seek equitable or similar relief from any court of competent jurisdiction, any dispute, controversy or claim arising out of or in relation to this Agreement, or at law, or the breach, termination or invalidity of this Agreement, that cannot be settled amicably by agreement of the parties to this Agreement shall be finally settled in accordance with the arbitration rules of JAMS then in force, by one or more arbitrators appointed in accordance with said rules. The place of arbitration shall be Oakland California, U.S.A.
- Proceedings; Judgment. The proceedings shall be confidential and in English. The award rendered shall be final and binding on both parties. Judgment on the award may be entered in any court of competent jurisdiction. In any action, suit or proceeding to enforce rights under this Agreement, the prevailing party shall be entitled to recover, in addition to any other relief awarded, the prevailing party’s reasonable attorneys’ fees and other fees, costs and expenses of every kind in connection with the action, suit or proceeding, any appeal or petition for review, the collection of any award or the enforcement of any order, as determined by the arbitrator(s) or court, as applicable. This Agreement shall be interpreted and construed in the English language, which is the language of the official text of this Agreement.
- Class Action Waiver. Any proceeding to resolve or litigate any dispute in any forum will be conducted solely on an individual basis. Neither you nor we will seek to have any dispute heard as a class action or in any proceeding in which either party acts or proposes to act in a representative capacity. No proceeding will be combined with another without the prior written consent of all parties to all affected proceedings. You and we also agree not to participate in claims brought in a private attorney general or representative capacity, or any consolidated claims involving another person’s account, if we are a party to the proceeding. YOU ARE GIVING UP YOUR RIGHT TO PARTICIPATE AS A CLASS REPRESENTATIVE OR CLASS MEMBER ON ANY CLASS CLAIM YOU MAY HAVE AGAINST US INCLUDING ANY RIGHT TO CLASS ARBITRATION OR ANY CONSOLIDATION OF INDIVIDUAL ARBITRATIONS.
9. Miscellaneous
- Nature of the Agreement; Relationship of the Parties. Your agreement with us is the commercial equivalent of a license and similar use to an agreement for accommodation in a hotel. The whole of the Space remains our property and in our possession and control. We are giving you the right to share with us the use of the Space so that we can provide the Services to you. Notwithstanding anything in this Agreement to the contrary, you and we agree that our relationship is not that of landlord-tenant or lessor-lessee and this Agreement in no way shall be construed as to grant you or any Member any title, easement, lien, possession or related rights in our business, the Premises, the Space or anything contained in or on the Premises or Space. This Agreement creates no tenancy interest, leasehold estate, or other real property interest. The parties hereto shall each be independent contractors in the performance of their obligations under this Agreement, and this Agreement shall not be deemed to create a fiduciary or agency relationship, or partnership or joint venture, for any purpose. Neither party will in any way misrepresent our relationship.
- Confidentiality. Both STAK Space and Member agree that during the Term and thereafter, the recipient of any non-public information of the other party that is designated as confidential or proprietary, that the receiving party knew or reasonably should have known was confidential or proprietary, or that derives independent value from not being generally known to the public (“Confidential Information”), will not at any time be disclosed to any person by such recipient or used for such recipient’s own benefit or the benefit of anyone else without the prior express written consent of a corporate officer of the party that owns such Confidential Information. The parties agree that if there is a breach of this obligation by either party, the other shall have the right to request any remedy in law and/or equity including, but not limited to, appropriate injunctive relief or specific performance, as may be granted by a court of competent jurisdiction. Notwithstanding the foregoing, Member accepts all risk to its intellectual property interests used in the Space, STAK Space shall not have any liability arising from your disclosure (whether intentional or not) of any of your Confidential Information to any third parties present in or around the Space, Common Areas, or the Shared Facilities.
- Updates to the Agreement. Changes to membership and overage fees, will be governed by Section 4(b) and 4(d) of this Agreement, respectively, and changes to the Community Standards will be governed by Section 6(a) of this Agreement. With respect to other sections of this Agreement, we may from time to time update this Agreement and will provide notice to you of these updates via email or through the STAK App. You will be deemed to have accepted the new terms of the Agreement following the completion of 1 full calendar month after the date of notice of the update(s). Continued use of the Office Space or Services beyond this time will constitute acceptance of the new terms.
- Waiver. Neither party shall be deemed by any act or omission to have waived any of its rights or remedies hereunder unless such waiver is in writing and signed by the waiving party.
- Subordination. This Agreement is subordinate to any underlying lease, mortgage, deed of trust, ground lease or other lien now or subsequently arising upon the Space or the Premises and to renewals, modifications, refinancings, and extensions thereof including STAK Space’s lease with the STAK Space’s landlord, where applicable, and to any other agreements to which STAK Space’s lease is subordinate. However, the foregoing does not imply any sublease or other similar relationship involving an interest in real property.
- Extraordinary Events. STAK Space will not be liable for, and will not be considered in default or breach of this Agreement on account of, any delay or failure to perform as required by this Agreement as a result of any causes or conditions that are beyond STAK Space’s reasonable control, including without limitation (i) any delays or changes in construction of, or STAK Space’s ability to procure any space in, any Premises, and (ii) any delays or failure to perform caused by conditions under the control of our landlord at the applicable Premises.
- Severable Provisions. Each provision of this Agreement shall be considered separable. To the extent that any provision of this Agreement is prohibited, this Agreement shall be considered amended to the smallest degree possible in order to make the Agreement effective under applicable law.
- Survival. Sections 1, 2(c), 4 (to the extent any payments remain outstanding), 5(c), 5(e), 5(f), 6(b), 7(a) through 7(e), 7(g), 8, and 9 and all other provisions of this Agreement reasonably expected to survive the termination or expiration of this Agreement will do so.
- Notices. Any and all notices under this Agreement will be given via email and will be effective on the first business day after being sent. All notices will be sent via email to the email addresses specified on the Purchase Form, except as otherwise provided in this Agreement. STAK Space may send notices to either (or both) the Primary Member or the Authorized Signatory, as STAK Space determines in its reasonable discretion. Notices related to the Space, Premises, Members, other Member Companies or other issues in the Premises should be sent by the Primary Member. Notices related to this Agreement or the business relationship between you and STAK Space should be sent by your Authorized Signatory. In the event that we receive multiple notices from different individuals within your company containing inconsistent instructions, the Authorized Signatory’s notice will control unless we decide otherwise in our reasonable discretion.
- Headings; Interpretation. The headings in this Agreement are for convenience only and are not to be used to interpret or construe any provision of the Agreement. Any use of “including,” “for example” or “such as” in this Agreement shall be read as being followed by “without limitation” where appropriate.
- No Assignment. Except in connection with a merger, acquisition, corporate reorganization, or sale of all or substantially all of the shares or assets of you or your parent corporation, you may not transfer or otherwise assign any of your rights or obligations under this Agreement (including by operation of law) without our prior consent. We may assign this Agreement without your consent.
- OFAC. You hereby represent and warrant that (i) neither you nor any of your Members are or will be, at any time during the Term, an entity or individual listed on the Specially Designated Nationals and Blocked Persons List published by the U.S. Department of Treasury, as updated from time to time and neither you nor any of your Members will, at any time during the Term, engage in any activity under this Agreement, including the use of Services provided by STAK Space in connection with this Agreement, that violates applicable U.S. economic sanctions laws or causes STAK Space to be in violation of such U.S. economic sanctions laws.
- Anti-Money Laundering. You hereby represent and warrant that at all times you and your Members have conducted and will conduct your operations in accordance with all laws that prohibit commercial or public bribery and money laundering (the “Anti-Money Laundering Laws”), and that all funds which you will use to comply with your payments obligations under this Agreement will be derived from legal sources, pursuant to the provisions of Anti-Money Laundering Laws. You will provide us with all information and documents that we from time to time may request in order to comply with all Anti-Money Laundering Laws.
- Anti-Corruption Laws. Neither you nor any of your Members, your directors, officers, employees, agents, subcontractors, representatives or anyone acting on your behalf, (i) has, directly or indirectly, offered, paid, given, promised, or authorized the payment of any money, gift or anything of value to: (A) any Government Official or any commercial party, (B) any person while knowing or having reason to know that all or a portion of such money, gift or thing of value will be offered, paid or given, directly or indirectly, to any Government Official or any commercial party, or (C) any employee or representative of STAK Space for the purpose of (1) influencing an act or decision of the Government Official or commercial party in his or her official capacity, (2) inducing the Government Official or commercial party to do or omit to do any act in violation of the lawful duty of such official, (3) securing an improper advantage or (4) securing the execution of this Agreement, (ii) will authorize or make any payments or gifts or any offers or promises of payments or gifts of any kind, directly or indirectly, in connection with this Agreement, the Services or the Office Space. For purposes this section, “Government Official” means any officer, employee or person acting in an official capacity for any government agency or instrumentality, including state-owned or controlled companies, and public international organizations, as well as a political party or official thereof or candidate for political office.
- Compliance with Laws. You hereby represent and warrant that at all times you and your Members have conducted and will conduct your operations ethically and in accordance with all applicable laws.
- Entire Agreement. This Agreement, including the Purchase Form, Schedules and Exhibits, constitutes the entire agreement between the parties relating to the subject matter hereof and shall not be changed in any manner except by a writing executed by both parties or as otherwise permitted herein. All prior agreements and understandings between the parties regarding the matters described herein have merged into this Agreement.
Community Standards
Updated: December 4, 2024
In addition to any rules, policies, and/or procedures that are specific to the Premises:
You acknowledge and agree that:
- keys, key cards, and other such other such items used to gain physical access to the Premises or Space remain our property. You will and cause your Invitees to safeguard our property and you will be liable for replacement fees should any such property be lost, stolen or destroyed;
- you shall promptly notify us of any change to your contact and payment information;
- we will provide notice to you of any changes to services, fees, or other updates by emailing the email addresses provided by you. It is your responsibility to read such emails and to ensure you are aware of any changes;
- carts, dollies and other freight items which may be made available may not be used in the passenger elevator except at our discretion;
- for security reasons, we may, but have no obligation to, regularly record certain areas in the Premises via video;
- we may disclose information about you or your Invitees as necessary to satisfy any applicable law, rule, regulation, legal process or government request or as we otherwise deem reasonably necessary for the protection of us or other Members;
- you and your Invitees will abide by other rules and regulations as determined by us and communicated to you, including by email. We may add, delete or amend the rules and regulations at our reasonable discretion and with notice to you via email, mobile STAK App or otherwise, provided that neither the enforcement of such rules nor the additions, deletions or amendments of such rules shall be discriminatory—that is, such rules or additions will similarly apply to all Members using Space in the Premises receiving similar services;
- all Members and invitees are at least 18 years of age;
- you shall be solely and fully responsible for ensuring that no alcohol is consumed by any of your Invitees who is younger than the legal age for consuming alcohol in the applicable jurisdiction;
- your Space has a limited capacity. If the number of Members or Invitees regularly using your Space exceeds the number allocated on your Purchase Form you will be required to pay the then current additional fees. In no event will the number of Members exceed 1.5 times the number of desks in the Office Space, regardless of additional fees paid. We reserve the right to further limit the number of Members and Invitees allowed at any point.
- common spaces are to be enjoyed by all our Members and Invitees unless otherwise instructed by us, and are for temporary use and not as a place for continuous, everyday work;
- you will provide us with reasonable notice of and complete all required reservations, paperwork and insurance requirements (if any) prior to hosting any event at the Premises;
- you may not make any alterations and/or installations of additional design elements and furniture in the Space without prior consultation and approval by us at our sole discretion. All alterations and/or installations are subject to our Community Standards. In the event that any alterations and/or installations are made, you shall also be responsible for the full cost and expense of the removal of any such items and any restoration necessitated by any such alterations. To the extent that we incur any costs in connection with such alteration, installation or removal which are not otherwise paid by you we shall invoice you for such charges and deduct from your Deposit. Prior to any such alteration, installation or removal you shall coordinate with the STAK Space community manager at the Premises to discuss the appropriate time, manner and means for our facilities team to perform such alteration, installation or removal, at no time shall you or any of your Invitees perform any alteration, installation or removal yourself;
- the facility-wide internet service is semipublic, you should have no expectation of absolute privacy or security with respect to STAK Space’s Internet connection, networks, telecommunications systems or information processing systems (including any stored computer files, email messages and voice messages), and your activity and any files or messages on or using any of those systems may be monitored at any time without notice, including for security reasons and to ensure compliance with STAK Space’s policies, regardless of whether such activity occurs on equipment owned by you or STAK Space;
- your and your Invitee’s computers, tablets, mobile devices and other electronic equipment must be (i) kept up-to-date with the latest software updates provided by the software vendor and (ii) kept clean of any malware, viruses, spyware, worms, Trojans, or anything that is designed to perform malicious, hostile and/or intrusive operations. We reserve the right to remove any device from our networks that poses a threat to our networks or users until the threat is remediated; and
- you grant us permission to use your name, trademark and/or logo to identify you, your company or employer company as a Member of STAK Space, alongside those of other Members, on a public-facing “Membership” display on any of STAK Ventures, or “STAK” related promotional material whether it be print, digital or websites or mobile apps. You acknowledge that we may, from time to time, use your name, trademark and/or logo incidentally and/or in passing in connection with promotion of our and our partners’ businesses, products and services during and after the Term. To the extent (i) any such use is objectionable to you, (ii) you notify us of your objections in writing and (iii) provided that we work promptly and in good faith to remove or minimize to the extent reasonably possible under the circumstances the effect of the objected-to conduct, you hereby waive any claims or damages against us relating to such use.
(b) No Member will:
- perform any activity that is reasonably likely to be disruptive or dangerous to us or any other Members, or our or their employees, Invitees or property, including without limitation the Space or the Premises;
- use the Services to conduct or pursue any illegal activities;
- use the Services to conduct any activity that is generally regarded as offensive;
- attach or affix any items to the walls or make any other alterations to the Space, or install antennas or telecommunication lines or devices in the Space or the Premises or bring any additional furniture into the Space or the Premises, in each case without our prior written consent;
- misrepresent himself or herself to the STAK Space community, either in person or on the STAK App;
- take, copy or use any information or intellectual property belonging to other Members or their Invitees, including without limitation personal names, likenesses, voices, business names, trademarks, service marks, logos, trade dress, other identifiers or other intellectual property, or modified or altered versions of the same, and this provision will survive termination of this Agreement;
- take, copy or use for any purpose the name “STAK Space” or any of our other business names, trademarks, service marks, logos, trade dress, other identifiers or other intellectual property or modified or altered versions of the same, or take, copy or use for any purpose any pictures or illustrations of any portion of the Premises, without our prior consent, and this provision will survive termination of this Agreement;
- use the Space in a “retail,” “medical,” or other nature involving frequent visits by members of the public who are not pre-identified or known to STAK Space, unless otherwise approved in writing by STAK Space;
- make any copies of any keys, keycards or other means of entry to the Space or the Premises or lend, share or transfer any keys or keycards to any third party, unless authorized by us in advance; or
- install any locks to access the Space or anywhere within the Premises, unless authorized by us in advance; or
- allow any Invitee(s) to enter the building without registering such Invitee(s) and performing any additional required steps according to our policies.
- You are responsible for ensuring your Invitees comply with all Community Standards.
- allow any Invitee(s) to enter the building without registering such Invitee(s) and performing any additional required steps according to our policies.
- You are responsible for ensuring your Invitees comply with all Community Standards.
Membership Plans
The following outlines our Membership Plans and some, but not all, of the access and benefits Members receive as part of their Membership, extra fees or restrictions may apply. Specific premium access or services will require a separate addendum, terms of service and or payment:
Access or Service | Basic | HQ | Full STAK | CORE |
1950 Franklin Facilities | | | | |
STAK App | ✓ | ✓ | ✓ | ✓ |
Common Areas | ✓ | ✓ | ✓ | ✓ |
Conference Rooms | ✓ | ✓ | ✓ | ✓ |
Event Spaces | ✓ | ✓ | ✓ | ✓ |
Wifi / Internet | ✓ | ✓ | ✓ | ✓ |
Copy/Print | ✓ | ✓ | ✓ | ✓ |
Member Events | ✓ | ✓ | ✓ | ✓ |
1900 Broadway Amenities | | | | |
Lobby Lounge | ✓ | ✓ | ✓ | ✓ |
Movestrong Fitness | | ✓ | ✓ | ✓ |
Sky Lounge | ✓ | ✓ | ✓ | ✓ |
Team member add-on (2 Basic) | | | ✓ | ✓ |
Virtual Office | | | ✓ | ✓ |
Package & Mail | | | ✓ | ✓ |
STAK Go Membership | | | ✓ | ✓ |
Multi-space Discount2 | | | ✓ | ✓ |
Premium Events | | | ✓ | ✓ |
STAK GO Fleet Membership | | | | ✓ |
CORE Housing Dashboard | | | | ✓ |
Housing Benefit Assistance | | | | ✓ |
Exhibit A: Premium Services
Virtual Office & Business Addresses
Our Virtual Office & Business Address services provide Members with a professional business presence at STAK Space locations. These services include:
- Business Address:
Use of a prestigious STAK Space address for business correspondence and marketing materials. Members may display this address on their business cards, websites, and other professional documents to enhance their company’s credibility.
- Mail Handling: (Optional)
Receipt of mail and packages on behalf of Members during business hours. Members will be notified of incoming deliveries through the STAK App and can arrange for pickup or forwarding.
- Mail Forwarding: (Optional)
Members may opt for mail forwarding services for an additional fee, ensuring that all correspondence is sent to their designated address promptly.
- Meeting Room Access: (Optional)
Virtual Office Members may book meeting rooms at any STAK Space location on a pay-as-you-go basis or through discounted credits based on their Membership Plan.
- Administrative Support: (Optional)
Basic administrative services, including mail scanning or shredding upon request, are available for an additional fee.
Limitations and Usage:
- Members are not permitted to use the address for illegal or unauthorized activities.
- Packages exceeding size or weight limits or requiring special handling may incur additional fees.
- Virtual Office services do not include physical workspace access unless booked separately.
Exhibit C: Desk Options
Flex Desk
Definition:
A “Flex Desk” refers to a non-exclusive, shared workspace within the common areas of the coworking facility (“Facility”). Under this arrangement, the Member is granted access to any available desk or workstation on a first-come, first-served basis during the Facility’s regular business hours, as specified in the Membership Agreement.
Use of Space:
- Non-Exclusive Access: The Member acknowledges that the Flex Desk is a transient workspace and does not include a designated or reserved desk.
- Personal Property: The Member must remove all personal belongings, equipment, and materials from the workspace at the end of each use. The Facility is not responsible for any items left unattended.
- Conduct: The Member agrees to use the shared space respectfully, without interfering with other members’ use and enjoyment of the Facility. This includes adhering to noise level policies and maintaining a clean workspace.
Limitations and Responsibilities:
- No Storage Rights: The Flex Desk membership does not include overnight storage or the ability to leave items in the Facility when not present.
- Compliance: The Member must comply with all Facility rules, regulations, and policies, including any updates communicated by the Facility management.
- Liability: The Member is responsible for any damage caused to the Facility due to misuse or negligence while using the Flex Desk spaces.
Dedicated Desk
Definition:
A “Dedicated Desk” refers to a specific, assigned workstation exclusively reserved for the Member within a shared area of the Facility. The assignment details, including location and identification of the desk, are outlined in the Membership Agreement.
Use of Space:
- Exclusive Access: The Member has exclusive rights to the assigned desk during the term of the Membership Agreement.
- Personalization: The Member may set up and personalize the desk space with equipment and modest non-permanent decorations, provided such personalization complies with Facility policies and does not cause damage or permanent alteration.
- Personal Property: The Member may leave personal belongings and work materials at the desk. The Facility is not liable for any loss or damage to items left at the Dedicated Desk.
Limitations and Responsibilities:
- Alterations: The Member shall not make structural changes or install fixtures without prior written consent from the Facility management.
- Maintenance: The Member is responsible for keeping the Dedicated Desk area clean, tidy, and free of hazards.
- Access Rights: The Member shall not transfer, sublicense, or allow others to use the Dedicated Desk without prior written approval from the Facility.
- Compliance: The Member must adhere to all Facility rules, including those regarding shared space etiquette and security protocols.
Private Office
Definition:
A “Private Office” refers to an enclosed, lockable office space within the Facility, licensed exclusively to the Member or Company as specified in the Membership Agreement. The Private Office is intended for the Member’s sole use and may accommodate authorized employees or associates as agreed upon.
Use of Space:
- Exclusive Use: The Member has exclusive licensed access to the Private Office and may control entry, subject to Facility security procedures.
- Customization: The Member may furnish, equip, and decorate the Private Office at their discretion, with prior written approval from the Facility management for any significant alterations that may have permanent effect i.e. paint, wallpaper, signage, artwork mounting etc. All customizations must comply with applicable laws and Facility policies.
- Access Hours: The Member is granted access during specified hours, which may include 24/7 access if provided for in the Membership Agreement.
Limitations and Responsibilities:
- Alterations: Structural modifications or installations requiring building permits are prohibited entirely.
- Maintenance and Repairs: The Member must maintain the Private Office in good condition. Any damage beyond normal wear and tear is the Member’s responsibility to repair at their expense.
- Compliance: The Member must comply with all applicable laws, regulations, and Facility policies, including those related to safety, health, and environmental standards.
- Insurance: The Member may be required to obtain liability insurance covering their use of the Private Office, naming the Facility as an additional insured party.
Termination Obligations:
- Upon termination or expiration of the Membership Agreement, the Member must vacate the Private Office, removing all personal property and restoring the space to its original condition, reasonable wear and tear excepted.
- Any fixtures or improvements made by the Member that cannot be removed without damaging the Private Office shall become the property of the Facility unless otherwise agreed in writing.