Legal Agreement: Terms of Service
Hygge Coworking Membership Agreement
Updated: Feb 9, 2022
1. Overview. Except to the extent prohibited by applicable law, these Terms and Conditions and the rules, terms, and policies referenced and incorporated herein (the “hygge membership agreement”), the Membership Details Form, and any other applicable policies and procedures as provided or made available to you from time to time (collectively, the “Agreement”), describe your rights and obligations in connection with your access to hygge coworking and services provided as part of, or that are incidental or related to, your hygge coworking Membership (as described herein and as available from time to time, the “Services”).
By using the Services, you are agreeing that you, and any individuals you authorize to use your hygge coworking Membership (your “Members”), will abide by and be bound by this Agreement.
2. Who we are. Hygge is a Danish word meaning a state of well-being. It is often used when describing a feeling of belonging, having a good conversation, eating great food, but all-in-all feeling comfortable
Who we are for the purposes of this Agreement is Hygge Coworking, LLC. We reserve the right to change the legal entity that charges you for the Services. The relevant entity with which you enter into this Agreement will be known in this Agreement as “we”, “our” “us” or “hygge” or “hygge coworking”.
3. Who you are. References to “Member Company”, “Company”, “you”, “your” and similar words in this Agreement refer to the entity or individual registering for or receiving the Services on behalf of a business and agreeing to be bound by this Agreement. If you are entering into this Agreement on behalf of an entity, on behalf of other individuals, or on behalf of a business, you represent and warrant that you have all necessary right, authority, and consent to bind such entity, individuals, or business to this Agreement. You will be responsible for your members’ compliance with this Agreement. In addition, by agreeing to this Agreement, you represent and warrant that you and your Members are using, and will use, the Services exclusively for business purposes and not as a consumer (as such term may be defined by the applicable laws and regulations in the jurisdiction the laws of which govern this Agreement). For avoidance of doubt, you, or the parties for whom you are signing this agreement, are a business.
4. What are “services”? Subject to the terms of this Agreement, Hygge Coworking will use commercially reasonable efforts to provide you and your Members the Services at Hygge Coworking premises offering access to Members (the “Premises”) beginning on the Start Date. To use the Services, you and your Members must download the Proximity app or use our desktop portal through a Web browser and access the Hygge Coworking spaces. The Services include:
- Use of one day pass at the Premises, subject to availability. Day pass desks are in the common areas at the Premises.
- Access and use of common areas at the Premises, subject to the conditions set out in this Agreement.
- Access to and use of the Proximity Network and Hygge Coworking Slack group
- Access to and use of the shared Internet connection in accordance with the all applicable laws, including all privacy and security laws related to your use. Hygge Coworking Data Connection & Internet Access Terms of Service.
- Use of the printers, copiers and/or scanners available to all members and member companies at the Premises, using the credits available under the terms of your Membership.
- Use of the conference rooms at the Premises, subject to availability and upon prior reservation of such conference rooms through Proximity, using the credits available under the terms of your Membership.
- Use of private phone booths while using the Premises.
- Use, within the Premises, of kitchens.
- Opportunity to participate in members-only events, beneﬁts, and promotions.
- Any other services you, or your Members, may purchase directly from us from time to time. Use of credit-based Service is subject to the applicable fees for such Services. Credits do not roll over from month to month. Monthly credits are determined based on the number allocated to your Membership level.
5. Changes to our Services or these Terms. The availability and scope of the Services and the Premises at which the Services are available are subject to change from time to time in our sole discretion. The Services may also vary by geographical area or by specific Premises.
6. Mail. Members are not permitted to use the address of any of our Premises for mail and package delivery unless previously authorized, and Hygge Coworking will have no liability in connection with any mail or packages delivered to a Member at our Premises. Once a member is authorized to receive mail, they must use their designated suite number.
7. Guests. The Membership is intended for the use of the person to which it is allocated and is not intended to provide access and use to other parties. Guests are not permitted, other than in connection with conference room bookings. The number of guests is limited to the number of people permitted in the booked conference room. The guests will be permitted to access the Premises only during such booking period. Hygge Coworking reserves the right, in its sole discretion, to restrict the access of guests if such use violates the purpose or intent of the Membership.
Creating your Hygge Coworking Membership
8. Eligibility. Unless otherwise specified by us in writing, the Memberships are only available to individuals who are at least 21 years of age to conduct a lawful business purpose. You will be responsible for ensuring that your Members qualify before accessing or using the Membership in any way.
9. Proximity Passwords. Your Membership created with Hygge Coworking on the Proximity platform is specific to you. You will not reveal your account password or let anyone else use your account, even if such other individuals are associated with your company. If you believe someone may have used passwords associated with your Membership without your authorization, please immediately change your password and contact us at email@example.com. You are responsible for all actions in connection with your account regardless of whether you authorized such actions. If payment of any Services. The unauthorized sharing of passwords is a material breach of this agreement and entitles Hygge Coworking, within its sole discretion, to terminate the Agreement immediately.
Paying for your Hygge Coworking Membership
10. Payment and Consent to Automatic Debit. On the first of every month, unless we notify you otherwise, your payment method provided by you will be charged automatically for the fees and any other amounts you may incur or be liable for in connection with the Services. Recurring fees, which may include membership fees (“Membership Fees”), prorated from the start date. You are responsible for paying all Membership Fees through the end of your Membership. If payment of any accrued and outstanding fee is not made by the seventh (7th) of the month in which the payment is due, you will be responsible for paying a 5% late charge. Your use of the Services associated with your membership may be immediately suspended or terminated if we are unable to charge your payment method for any reason. All fees are non-refundable. Following any Commitment Term, we reserve the right to further increase or decrease the Membership Fee at our sole discretion upon thirty (30) days’ written notice to you. You agree and acknowledge that you have a duty to update your payment method in the event of a change, and that any change in payment method does not excuse any delay or late fee.
11. Fees. All transactions completed with a credit card are subject to a 2.9% processing fee. This includes all recurring Membership Fees and Services. Transactions completed using the ACH payment method do not include a transaction fee. All fees are non-refundable. We reserve the right to increase or decrease these fees at our sole direction upon thirty (30) days’ written notice to you.
12. Deposits. All Memberships require a deposit equal to one month of the Membership Fee. This deposit
13. Office Turnover Fees. If a dedicated office was included in your Membership, you are required to cover the cost to return the office(s) to their original form. This may include but not be limited to replacing desks, replacing chairs, patching holes in the sheetrock from hanging items, repainting of the walls, and cleaning of the walls, ceiling, floors, and door. You are subject to a maximum fee of $600 per office to repair and return it to its original condition. Once a written notice of Termination is given to firstname.lastname@example.org a Hygge Coworking employee will schedule a time for an office walk through. At this time, we will determine whether repairs are needed to the office(s). If sufficient repairs are needed, we can change the move out date up five (5) days prior to the end of the original Termination Effective Month to ensure we have time to handle repairs for the next Member. Office walkthroughs will be scheduled no less than three (3) weeks prior to the end of the Termination Effective Month.
14. Liquidated Damages. We are a small business committed to providing Services to you consistent with these terms. Our greatest joy is watching you win through hygge. However, all that is possible only if we are paid. If your account balance remains unpaid and we are forced to pursue collection efforts, Hygge Coworking will be entitled to treble the amount of your unpaid balance and collect its attorneys fees and costs in connection with obtaining a judgment on the unpaid balance. This section ensures that Hygge Coworking is able to continue doing that which gives us great joy: watching you win through hygge.
Use of the Services
15. Hygge House Rules. You and your guests must comply with the Hygge House rules attached as Exhibit A while using Services at any Premises. In addition, Members will not misuse the Services, which misuse includes repeatedly failing to utilize Services which you have an active reservation.
16. Hygge Meeting Space Rules. You and your guests agree to and must comply with the Hygge Meeting Space rules attached as Exhibit B. This Exhibit specifically outlines Meeting Space use as it pertains to users that do not have a monthly recurring membership. Within Proximity this is referred to as “Honorary Hygge Coworking Fam”.
17. Security. All Members must use the Proximity Mobile App to enter the Premises. We do not provide key fobs, key cards, or door access code. An updated mobile device capable of operating the Proximity Mobile App is required for access to the Premises and in turn required for Membership at Hygge Coworking.
18. Property. We are not responsible for any property you or your guests leave behind in any of the Premises. It is your and your guests responsibility to ensure that personal items are secure. We are entitled to dispose of any property remaining in any of the hygge location Premises and your guests waive any claims or demands regarding such property or handling of such property.
19. Other members. We do not control and are not responsible for the actions of other individuals you or your guests encounter through the use of the Services; this includes other Hygge Coworking members and their guests at any Premises or in the Hygge Coworking Slack channel. We do not endorse, support or verify the facts, opinions, or recommendations of our Hygge Coworking Members. If a dispute arises between Members, we have no responsibility or obligation to participate, mediate, or indemnify any party, except to the extent that such dispute is a result of Hygge Coworking’s gross negligence or willful misconduct.
21. Membership Termination. Unless otherwise set forth in a custom Agreement, all Hygge Coworking Memberships have a month-to-month Term. This Agreement may not be terminated by you prior to the end of the Commitment Term, and any such termination will constitute a breach of this Agreement. To terminate your Hygge Coworking Membership, you must provide at minimum five (5) days’ notice prior to your final month of membership. This means notice given in writing on January 26th or earlier would result in February being your final month of membership. If a final month deposit was paid during the signup process this would be applied during your final month. Such termination will be effective on the last day of the calendar month (“Termination Effective Month”). In all cases, notice of termination must be provided in writing to email@example.com. If you fail to comply with the provisions of this Agreement we may, in our sole discretion, restrict your access to the Services and/or terminate your Hygge Coworking Membership with immediate effect and without prior notice to you. We do not provide refunds upon termination or cancellation with respect to amounts already paid. You will remain liable for past due amounts, and we may exercise our right to collect due payment, despite termination of your Hygge Coworking Membership. We may also terminate your Hygge Coworking Membership at our sole discretion with thirty (30) day’s prior written notice to you.
22. Hygge Coworking Intellectual Property; Use of the Hygge Coworking Name; Photos of the Premises. You and your guests may not take, copy, or use for any purposes the name “Hygge Coworking” or any of our other business names, trademarks, services marks, logos, designs, copyrights, marketing material, or other identifiers.
23. Intellectual Property of Others. You and your guests may not take, copy, or use any information or intellectual property belonging to other Member companies or their Members or guests, including without limitation any confidential or proprietary information, 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. A violation of this clause is a material breach of the Agreement which will result in an immediate termination of your Membership.
24. Publicity. You consent to our non-exclusive, non-transferable use of your Member Company name and/or logo in connection with identifying you as a Member Company of Hygge Coworking, alongside those of other member companies, on a public-facing “Membership” display on our website as well as in video and other marketing materials. You warrant that your logo does not infringe upon the rights of any third party and that you have full authority to provide this consent. You may terminate this consent at any time upon thirty (30) days’ prior notice.
Disclaimer of Warranties; Limitations of liability
25. Waiver of Claims. To the extent permitted by law, you, on your own behalf and on behalf of your Members, and your or their employees, agents, guests, and invitees, waive any and all claims, liabilities, costs, damages, and expenses and rights, including reasonable attorneys’ fees against Hygge Coworking and its employees, assignees, officers, agents, and directors and our landlords at the Premises resulting from injury or damage to, or destruction, theft, or loss of, any property, person or pet, except to the extent caused by the gross negligence, willful misconduct or fraud of Hygge Coworking.
26. Limitation of Liability. To the extent permitted by law, the aggregate monetary liability of Hygge Coworking to you and your Members, and your or their employees, agents, guests, and invitees for any reason and for all causes of action, whether in contract, tort, breach of statutory duty, or other legal or equitable theory will not exceed the total amounts paid by you to us under this Agreement in the twelve (12) months prior to the claim arising. Hygge Coworking will not be liable under any cause of action, for any indirect, special, incidental, consequential, reliance or punitive damages, including loss of profits or business interruption, or for the cost of any substitute goods, services, or technology. You acknowledge and agree, on your behalf and on behalf of your Members, that, to the extent permitted by law, neither you nor your Members may commence any action or proceeding against Hygge Coworking, whether in contract, tort, breach of statutory duty, or other legal or equitable theory, unless the action, suit, or proceeding is commenced within one (1) year of the cause of action’s accrual.
27. Indemnification. You will indemnify Hygge Coworking from and against any and all claims, including third party claims, liabilities, and expenses including reasonable attorneys’ fees, resulting from any breach or alleged 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, except to the extent a claim results from the gross negligence, willful misconduct, or fraud of Hygge Coworking. 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 will not make any settlement that requires a materially adverse act or admission by us or imposes any obligation upon Hygge Coworking unless you have first obtained our written consent. Hygge Coworking Parties will not be liable for any obligations arising out of a settlement made without its prior written consent.
28. Insurance. You must maintain, at your own expense and at all times during the Term, insurance in form and amount appropriate to your business.
29. Enforceability. Each provision of this Agreement is severable. To the extent that any provision of this Agreement is prohibited or otherwise limited by law, this Agreement will be considered amended to the smallest degree possible to make the Agreement effective under applicable law. Neither party will be deemed by any act or omission to have waived any of its rights or remedies unless such waiver is written and signed by the waiving party.
30. Nature of these Terms. Notwithstanding anything in this Agreement to the contrary, this Agreement does not grant you or your Members any title, easement, lien, possession, or related rights in hygge or any affiliated business, the Premises, or any tangible or personal property on our Premises. This Agreement creates no tenancy interest, leasehold estate, or other real property interest.
31. Compliance with House Rules and Laws. You 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. You further represent and warrant that you have read and understand hygge’s House Rules, enclosed as Exhibit A, and that your continued use of the Services evidences your intent to be bound by the house rules.
32. Extraordinary Events & Acts of God. Hygge Coworking will not be liable for, and will not be considered in default or breach of this Agreement if there is any delay or failure to perform arising out of, or caused by, directly or indirectly, forces that are beyond Hygge Coworking’s reasonable control, including, without limitation, any delays or changes in construction of, or Hygge Coworking’s ability to procure any space in, any Premises; any conditions under the control of our landlord at the applicable Premises; acts or orders of Government; acts of God; epidemics or pandemics; or any other public health emergency limiting access to the Premises in any way or hygge’s capacity to operate its business in any way.
Due to forces outside of our control, we occasionally have internet outages. We do not provide refunds or compensate Members pro rata or otherwise for any internet downtime caused by the Internet Service Providers or our any other third-party Technology Providers.
33. Interpretation. The section and paragraph headings in this Agreement are for convenience only and will not affect their interpretation. Any use of “including” “for example” or “such as” in this Agreement will be read as being followed by “without limitation” where appropriate.
34. Counterparts and Electronic Signature. This Agreement may be executed in any number of counterparts by either handwritten or electronic signature, each of which when executed will constitute a duplicate original, but all the counterparts will together constitute the one agreement in accordance with applicable law. This Agreement may be executed using electronic means and the use of electronic signatures by the parties will have the same full force and legal effect as if the electronic signatures were traditional hand-written signatures in accordance with applicable law. You acknowledge your right to retain this Agreement either by printing or saving it.
35. Assignment. Hygge may assign this Agreement to any third-party for any reason without your express written consent. You may not assign this Agreement to any other third-party, including your Members, unless hygge provides advanced written consent to the assignment which will be evidenced by a separate, signed agreement between your Member(s) and hygge.
36. Governing Law; Venue; and Alternative Dispute Resolution. This agreement is governed by North Carolina law. Your access of the Premises and use of the Services is governed by North Carolina law. Any dispute arising out of this Agreement will be adjudicated in a court of competent jurisdiction in Mecklenburg County, North Carolina. The parties agree that before initiating a lawsuit, they must participate in mediation in a good faith attempt to resolve their dispute creatively and efficiently. The parties acknowledge our shared interests are served through good faith participation in the alternative dispute resolution process. A failure to participate in good faith to resolve any dispute under this Agreement via alternative means is a breach of this Agreement entitling the non-breaching party to any and all remedies available in law or equity. Disputes related to non-payment for Services are excluded from the mandatory mediation provision. No alternative dispute resolution is required for non-payment disputes.
37. Contacting Hygge Coworking. If you have any questions about this Agreement, please contact us at firstname.lastname@example.org.
Hygge House Rules
For purposes of the Hygge House rules, references to “you”, “your” and similar words will mean Member Company, its Members and its guests as applicable.
1. Be Welcoming. This could include: answering the door or offering to help someone find something. If you’re unable to attend to someone at the door, just don’t answer it. We’d much rather they wait and call a team member or the person they’re there for than have someone let in and left to wander the space confused.
2. Office & Meeting Space Entry. Hygge Employees reserve the right to enter any office(s) or Meeting Space(s) without notice even while they are being occupied by you or your guests.
3. Meeting Space. You have access to the meeting rooms in your home base designated during the signup process. Each membership level is allocated a monthly amount of time to be booked in any of the available rooms at your home base premises. Flex Memberships and Dedicated Desk Memberships receive five (5) hours monthly. Private Offices receive five (5) hours monthly. If you need to book a meeting room at another hygge location due to unavailability at your home base location, simply reach out to a member of the team.
4. Meeting Space Overages. If you have used your allowed time, you can purchase additional meeting space hours at $20/hr. You are not allowed to use other members' hours for any reason at any time. If you need more hours than what is allocated upon signing up, speak to hygge staff to come to a solution.
5. Meeting Space Availability. We do not guarantee meeting space availability. We will always do our best to find accommodations for you if the calendar is full. Please reach out to the Hygge Coworking employees if you’re having trouble finding a space.
6. Doors. The doors to all Hygge Coworking Premises are locked 100% of the time. Never prop the door open for any reason. This creates a serious security risk. Not adhering to this may result in the termination of your Membership at our sole discretion.
7. Vaping. Don’t do it. But if you must, please take it outside. No vaping in a Member office, the meeting spaces, phone rooms, kitchen, or any other communal space inside the Premises.
8. Kitchenware. Please clean your dirty dishes, silverware, mugs, or any items brought in for use in the kitchen after each use. If the Premises does not have a dishwasher please utilize the sponge, soap, and drying rack to handle your dirty dishes. You are responsible for your guests' dishes.
9. The Refrigerator. Remove food from the fridges daily. Label long-term food items like sodas, dressing and creamer. Food that is not labeled and is expired or molding will be thrown out on a weekly basis each Friday afternoon. No exceptions.
10. Print With Me. All locations have a Print With Me serviced printer. Please follow instructions on the printer for use. All members get 30 pages of black and white printing for free. Everything else is pay-by-use through PWM. Troubleshooting is offered through PWM’s support center, and the phone number is listed by the printer.
11. Slack. You’ll receive an invite to our hygge slack channel shortly after joining the fam. This is utilized as the main form of communication between hygge staff and members. You can use Slack to introduce yourself, look for services, buy/sell items, share funny things, and invite members to events. The main rule here is to be kind and respectful.
12. Respect Other Member’s Routine: Some people are Chatty Cathys and some are Silent Sals, neither is wrong. While this is your work home, please be conscious of your neighbors’ work habits. If they have their headphones in, please send them a digital message before you bother them in person. The in-person interruption may disrupt their workflow. In short, we value expanding our margin for others, and we expect you to do the same.
13. Conversation, if someone is having a conversation near you (and it’s bothering you), feel free to move somewhere more secluded or politely ask them to keep it down. People should be able to have short (5-10 minute) business conversations wherever if the topic is appropriate for other members to hear. Be thoughtful and mindful of what you share openly in the space. We’re not library quiet, but we’re not coffee shop loud, either. Some background noise should be expected.
14. Speaker Phone. Speaker phone is not permitted in any of the common areas on any of our Premises.
15. Trash & Recycling. The cleaning crew comes nightly. Trash from offices should be placed nearly outside your office. The cleaning crew will remove the trash and replace the liner. For large items please bring them directly to the dumpster at each location. There are recycle bins located in each kitchen. Instructions for what can be recycled is above each recycle bin.
16. Office Alterations. Members with dedicated offices who want to make any alterations to the space must email email@example.com to get approval. This includes but is not limited to any paint colors added to walls, shelving, hanging pictures, plants, etc.
17. Dogs. We'd love to have your furry friends to join us at Hygge. For safety reasons, we do require you show us your dog's most recent vaccination records before you bring them into the space. Please send these documents to firstname.lastname@example.org. The following are guidelines for having them in the space. If any of the below guidelines are broken, they will NOT be allowed to return to the space:
- No barking;
- Must be kept on a leash/directly next to owner or inside an office;
- Must play well with other dogs;
- Must be taken outside to handle their “business”;
- No jumping on people; and
- No biting or nipping people.
Hygge Meeting Space Rules
1. Don’t be late. If the meeting organizer is more than 30 minutes late, we reserve the right to cancel the meeting and provide no refund on the spot. If your meeting organizer is going to be late, please call 980-236-1854 x2 at least 1 hour prior to the meeting. It's easy. Keep us in the know, please.
2. Cancellation. As long as we are given at least 12 hours notice of cancellation, we will provide a full credit for future use. The credit can be used towards any meetings booked in future. There are no refunds.
3. Space Access. A hygge coworking employee will be assigned to let the meeting organizer into the building. We will be there for 10 minutes before your meeting and 15 minutes after the meeting starts to make sure you're settled. The doors at hygge are locked 100% of the time. Please ensure you have a team member on hand to let guests in as they arrive. DO NOT prop the door open for any reason. This guideline is in place to ensure the building and members stay as safe and secure as possible.
4. Furniture. Please do not rearrange the furniture. In some cases moving the furniture actually damages it and that's not good for anyone. Let's leave the furniture the way you found it.
5. Dishes. Please wash, dry and put away your cups, mugs, dishes and silverware.
6. Garbage. You're responsible for the trash you create. Please bag it nicely and place it in the kitchen and our cleaning crew will take it out that evening. Do not leave trash in the meeting space.