Terms of Use
Our Terms of Use Statement (“TOU”) is long and boring, but it’s important that you read it carefully to understand your rights and protections, as well as our rights and protections. Please contact us if you have questions.
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The facilities and services provided by Host Studios, LLC (“Host” or “Business”) to you (“Client”) as a member or guest are governed by these Terms of Use, the member's Membership Agreement, any service addendum listed in that agreement, the House Rules, and applicable building rules. Together, those documents form the membership agreement. If plan-specific terms conflict with these general Terms, the Membership Agreement or applicable service addendum controls for that service.
The service addenda are the Office Addendum, the Virtual Office and Mail Services Addendum, and the Registered Agent Addendum. Members and all other guests must comply with the House Rules and with the rules and regulations of the Building where Host Studios is located.
Host Studios reserves the right to update the TOU and House Rules at any time. Use of Host Studios by members and guests shall not be construed to create a partnership, joint venture, investment, landlord/tenant, agency, or other relationship between Host Studios and its members or guests.
We will attempt to contact you to notify you of any updates within 30 days of their enactment using the contact information provided in your Membership Agreement.
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This agreement is not a lease or any other interest in real property. It is a contractual arrangement that creates a revocable license.
We retain legal possession and control of the Building and the space provided to you (as may be applicable). This Agreement terminates automatically upon the termination of the operation of the Building for any reason; provided, however, Business will have the option (but not the obligation), in lieu of the termination of this Agreement, to transfer The Client to another location operated by Business within a 5 mile radius of the Building, in which case this Agreement will remain in force and the Services will be provided to The Client at the substitute location designated by Business. When this Agreement is terminated because the Term has expired or otherwise, your license to the Building and Services is revoked. This Agreement may be modified in Business’ reasonable discretion if The Business requires modifications to avoid breaching Business’ lease with the Building Owner.
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Host Studios provides its members and other guests with access to office facilities, co-working facilities, work stations, Internet access, office equipment, conference facilities, event space, knowledge resources, and other services as Host Studios may provide from time to time (each a “Service” and collectively the “Services”). The Services are at all times subject to this TOU.
Host Studios is located at 220 West Champion Street, Suite 290 in Bellingham, WA 98225.
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As a condition of your use of the Services, you will not use the Services for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the Services in any manner that could damage, disable, overburden, or impair any Host server, or the network(s) connected to any Host server, or interfere with any other party’s use and enjoyment of any Services. You may not attempt to gain unauthorized access to any Services, or accounts, computer systems or networks connected to any Host server or to any of the Services, through hacking, password mining or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Services.
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The Business has the right to establish, modify, amend, and enforce reasonable rules and regulations with respect to the Common Area and the Building, including the House Rules, and The Client acknowledges receiving a copy of the Rules. The Client must comply with and observe the Rules and regulations for the Building. Nothing in this Agreement will be construed to give The Client or any other person or entity any claim, demand or cause of action against The Business arising out of the violation of the Rules by any other Client, occupant or visitor of the Building, or out of the enforcement or waiver of the Rules by The Business in any particular instance.
You agree that when participating in or using the Services, you will not:
- Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others
- Publish, post, upload, distribute or disseminate any illegal, inappropriate, profane, defamatory, obscene, indecent or unlawful topic, name, material or information
- Download any file(s) that you know, or reasonably should know, cannot be legally reproduced, displayed, performed, and/or distributed in such manner
- Upload, or otherwise make available, files that contain images, photographs, software or other material protected by intellectual property laws, including, by way of example, and not as limitation, copyright or trademark laws (or by rights privacy or publicity) unless you own or control the rights thereto or have received all necessary consent to do the same
- Upload, or otherwise make available, files that contain viruses, Trojan Horses, worms, time bombs, cancelbots, corrupted files, or any other similar software or programs that may damage the operation of another’s computer or property of another
- Use any material or information, including images or photographs, which are made available through the Services in any manner that infringes any copyright, trademark, patent, trade secret, or other proprietary right of any party
- Use the Services in connection with contests, pyramid schemes, chain letters, junk email, spamming, or any duplicative or unsolicited message (commercial or otherwise)
- Harvest or otherwise collect information about others, including email addresses, without the authorization or consent of the disclosing party
- Share internet service with, or for the benefit of non-members
- Engage in activities requiring an unreasonable amount of bandwidth
- Create a false identity for the purpose of misleading others
- Install, maintain or otherwise locate any computer server at Host Studios
- Restrict or inhibit any other user from using and enjoying the Services
- Violate any house rules, code of conduct, or other guidelines of Host Studios or the Building
- Violate any applicable laws or regulations
- Cause any unnecessary janitorial labor by reason of carelessness or indifference in the preservation of good order and cleanliness
- Use any equipment or devices that utilize excessive electrical energy or which may overload the wiring or interfere with electrical service
- Make changes, alterations, or improvements to Host Studios or the Building without Host's prior written approval
- Install signs, advertising, window graphics, doorplates, or other marketing materials without Host's prior written approval
- Bring or use any hazardous substances to Host Studios or the Building, including but not limited to: kerosene, propane, gasoline or flammable or combustible fluid or material, hazardous materials, or any method of heating or cooling other than that provided by Host Studios
- Bring or use any firearms or weapons to Host Studios or the Building
- Bring or use narcotics or other banned substances at Host Studios or the Building
- Store goods, inventory, furniture, or other property at Host except in space assigned to you or approved in writing
- Consume alcohol if below the legal drinking age
- Use Host Studios or the Building for lodging
Signage included in an Office membership remains subject to Host's approval, building rules, the assigned office, and the applicable Office Addendum.
A Full Time Coworking member with a Dedicated Desk may leave a workstation and small work items at the assigned desk. A member may bring a desk or chair only with Host's prior approval. Private Office storage and furniture remain subject to the assigned office's capacity and the Office Addendum.
If the Client uses excessive amounts of utilities or services of any kind because of operation outside of Ordinary Building Hours, high demands from office machinery and equipment, nonstandard lighting, or any other cause, we may impose a reasonable charge for supplying such extra utilities or services, which charge shall be payable by the Client in conjunction with membership payments. During other than Ordinary Building Hours, if The Client so requests or if The Client activates such HVAC services outside Ordinary Building Hours, we shall provide HVAC service to the Premises at The Client’s sole cost and expense, which as of the date of this agreement is $50 per hour.
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Current public prices may be shown on hoststudios.co. The member's Membership Agreement records the price, plan, add-ons, start date, billing frequency, and payment terms accepted at signup. Usage charges and approved one-time services are charged at the rates disclosed when requested or listed in the applicable service addendum.
Membership fees are due when the membership begins. Unless the Membership Agreement says otherwise, the payment method provided at signup is charged automatically on each billing date. Host does not prorate partial membership months.
Office memberships billed monthly require the first and final month's membership fees at signing. The final-month payment is advance payment for the last membership month, not a security deposit. A Private Office membership prepaid for 12 months is collected in full at signing and does not require a separate final-month payment.
A failed or unpaid charge may result in restricted access or suspended services. Fees already due, usage charges, postage, shipping materials, storage, and other accrued charges remain payable after suspension or termination.
Automatic payments may be made by card, ACH transfer, or bank bill-pay, as recorded in the Membership Agreement.
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All day pass purchases are final. Day passes are non-refundable and non-transferable.
By purchasing a day pass, you acknowledge and agree to the following:
- No Refunds
Payment for a day pass is non-refundable once the purchase is completed, regardless of whether the pass is used, partially used, or unused.
- Validity
Each day pass is valid only for the period for which it was purchased and expires at the end of that period. Unused passes hold no cash value and do not carry over.
- No Transfers
Day passes are valid only for the individual who purchased them and may not be transferred, resold, or assigned to another person.
- No-Shows
Failure to use a purchased day pass does not entitle the purchaser to a refund, credit, or rescheduling.
- New-member credit
If a day-pass purchaser later joins Host, the amount paid for the day pass may be applied to the first month's membership fee. Applying that amount to a membership does not make the day pass refundable, transferable, or redeemable for cash. Any additional qualification needed for billing or abuse prevention must be disclosed before the person buys the pass or accepts the membership.
- Closures and Disruptions
Host Studios is not obligated to issue refunds in the event of service interruptions beyond our reasonable control (e.g., power outages, weather, building issues). At our sole discretion, we may offer a credit for a future day pass in such circumstances.
By buying a day pass, you confirm that you have read, understood, and agreed to the terms outlined in this policy.
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A workspace day is one calendar day counted against a Coworking allowance. Leaving and returning during the same calendar day does not use another workspace day. Unless an approved accommodation says otherwise, unused workspace days and office days do not roll over.
The plan includes five workspace days per membership month, Monday through Friday from 8 am to 5 pm. Three Additional Days raises the monthly allowance from five to eight. Extended Hours gives 24-hour access on each workspace day used and makes weekend days eligible; it does not add workspace days.
The plan includes five workspace days in each Monday-through-Sunday week. A member may use any five days, including weekends, and has 24-hour access on each workspace day used.
The second named member shares the primary member's workspace-day allowance. Both named members may use Host on the same calendar day at different times, but they may not attend at the same time. A same-day handoff uses one workspace day in total. Access credentials may not be shared.
The plan includes the Full Time Coworking allowance and 24-hour use of an assigned private office on one, two, or three recurring office days per week, as recorded in the Membership Agreement. Each office day counts as one of the five workspace days for that week. The usual office days remain fixed. Host may approve a different arrangement when the shared schedule allows, but an accommodation is not guaranteed and does not create rollover rights.
The plan includes full-time use of the assigned private office with 24-hour access, subject to the Membership Agreement, Office Addendum, House Rules, and building rules.
These services do not include recurring workspace access. A Virtual Office member may purchase day passes at the then-current member rate.
Anyone with in-person access on a given day may print up to 20 pages that day. Additional printing is available on request to staff.
Host may restrict access for private events, emergencies, maintenance, safety, building requirements, or circumstances outside Host's reasonable control. Host will give reasonable notice when practical.
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A guest is defined as a person who does not have a membership.
A non-member meeting is defined as a single contiguous block of time during which the same set of people meet, at least one of whom is not a member.
Guests are subject to a daily visitation limit of 90 minutes. Members may not hold more than five (5) separate non-member meetings at Host Studios in any month.
Members shall be responsible for their guests and shall be liable for all acts of such guests.
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Host reserves the right at all times to disclose any information about you, your participation in and use of the Services as Host deems necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, at our sole discretion.
Host Studios may publish certain member information on its website(s) and social media accounts, including but not limited to the member’s name, business or company, position, photo and website information.
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You acknowledge and agree that during your participation in and use of the Services you may be exposed to Confidential Information. “Confidential Information” shall mean all information, in whole or in part, that is disclosed by Host or any participant or user of the Services or any member, employee, affiliate, or agent thereof, that is nonpublic, confidential or proprietary in nature. Confidential Information also includes, without limitation, information about business, sales, operations, know-how, trade secrets, technology, products, employees, customers, marketing plans, financial information, services, business affairs, any knowledge gained through examination or observation of or access to the facilities, computer systems and/or books and records of Host, any analyses, compilations, studies or other documents prepared by Host or otherwise derived in any manner from the Confidential Information and any information that you are obligated to keep confidential or know or has reason to know should be treated as confidential.
Your participation in and/or use of the Services obligates you to
- maintain all Confidential Information in strict confidence
- not to disclose Confidential Information to any third parties
- not to use the Confidential Information in any way directly or indirectly detrimental to Host, or any participant or user of the Services
All Confidential Information remains the sole and exclusive property of Host or the respective disclosing party. You acknowledge and agree that nothing in this TOU or your participation or use of the Services will be construed as granting any rights to you, by license or otherwise, in or to any Confidential Information or any patent, copyright or other intellectual property or proprietary rights of Host, or any participant or user of the Services.
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You acknowledge that you are participating in or using the Services at your own free will and decision. You acknowledge that Host does not have any liability with respect to your access, participation in, use of the Services, or any loss of information resulting from such participation or use.
You hereby represent and warrant that you have all requisite legal power and authority to enter into and abide by the terms and conditions of this TOU and no further authorization or approval is necessary. You further represent and warrant that your participation or use of the Services will not conflict with or result in any breach of any license, contract, agreement or other instrument or obligation to which you are a party.
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To the maximum extent permitted by applicable law, Host provides the services “as is” and with all faults known or unknown, and hereby disclaim with respect to the services all warranties and conditions, whether express, implied or statutory, including, but not limited to, any (if any) warranties, duties or conditions of or related to: merchantability, fitness for a particular purpose, lack of viruses, accuracy or completeness of responses, results, workmanlike effort and lack of negligence. Also, there is no warranty, duty or condition of title, quiet enjoyment, quiet possession, correspondence to description or non-infringement. The entire risk as to the quality, or arising out of participation in or the use of the services, remains with you.
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To the maximum extent permitted by applicable law, in no event shall Host or its subsidiaries (whether or not wholly-owned), affiliates, divisions, and their past, present and future officers, agents, shareholders, members, representatives, employees, successors and assigns, jointly or individually be liable for any direct, special, incidental, indirect, punitive, consequential or other damages whatsoever (including, but not limited to, damages for: loss of profits, loss of confidential or other information, business interruption, personal injury, loss of privacy, failure to meet any duty (including of good faith or of reasonable care), negligence, and any other pecuniary or other loss whatsoever) arising out of or in any way related to the participation in or inability to participate in or use of the services, the provision of or failure to provide services, or otherwise under or in connection with any provision of this agreement, even in the event of the fault, tort (including negligence), strict liability, breach of contract or breach of warranty of Host, and even if Host has been advised of the possibility of such damages. Because some states/jurisdictions do not allow the exclusion or limitation of liability, for consequential or incidental damages, the above limitation may not apply to you.
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Notwithstanding any damages that you might incur for any reason whatsoever (including, without limitation, all damages referenced above and all direct or general damages), the entire liability of Host or its subsidiaries (whether or not wholly-owned), affiliates, divisions, and their past, present and future officers, agents, shareholders, members, representatives, employees, successors and assigns under any provision of this TOU and your exclusive remedy for all of the foregoing shall be limited to actual damages incurred by you based on reasonable reliance up to ten dollars (USD $10.00). The foregoing limitations, exclusions and disclaimers shall apply to the maximum extent permitted by applicable law, even if any remedy fails its essential purpose.
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Month-to-month Coworking and Virtual Office. These memberships renew each membership month until ended. To end the membership after the current membership month, the member must give written notice at least two business days before the next billing date. If notice arrives later, the membership renews for one more membership month. Host does not refund unused time.
Office memberships. Office memberships require at least 30 days' written notice and are also subject to the term, renewal, and early-termination provisions in the Membership Agreement and Office Addendum. The Office Addendum states the effective termination date and how the prepaid final month is applied.
Accrued charges and property. Ending a membership does not cancel fees, usage charges, postage, storage, or other amounts accrued before the effective termination date. The member must remove approved furniture and other property by that date unless Host agrees otherwise in writing.
The TOU must be adhered to at all times. Failure to follow TOU can result in non renewal or even early termination of the usage license. Host Studios reserves the right to terminate this TOU or any Service at any time, immediately and without notice.
Host reserves the right to terminate any Service at any time. Host further reserves the right to terminate your participation in and use of any Services, immediately and without notice, if you fail to comply with the TOU.
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You release, and hereby agree to indemnify, defend and save harmless Host and its subsidiaries (whether or not wholly-owned), affiliates, divisions, and their past, present and future officers, agents, shareholders, members, representatives, employees, successors and assigns, jointly and individually, from and against all claims, liabilities, losses, damages, costs, expenses, judgments, fines and penalties based upon or arising out of your negligent actions, errors and omissions, willful misconduct and fraud in connection with the participation in or use of the Services. You further agree in the event that you bring a claim or lawsuit in violation of this agreement, you shall be liable for any attorneys’ fees and costs incurred by Host or its respective officers and agents in connection with the defense of such claim or lawsuit.
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In the event that any provision or portion of this TOU is determined to be invalid, illegal or unenforceable for any reason, in whole or in part, the remaining provisions of this TOU shall be unaffected thereby and shall remain in full force and effect to the fullest extent permitted by applicable law.
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Host will carry General Liability insurance. As a user, it is strongly suggested that you carry a Renters Insurance policy to cover your own equipment while using our space. That policy may cover your current residence/office, as well as the premises of Host.
Should The Client store or leave personal property at the Building, The Client does so at The Client’s own risk and The Client will not make any claim or demand to The Business for any loss or damage to property that occurs. We are not liable in the event of any theft, damage, or loss related to The Client’s personal property and equipment. We will not hold or forward any The Client property after termination of this Agreement, and The Client agrees The Business may dispose of any The Client property without notice upon termination of this Agreement. The Client is encouraged to obtain appropriate insurance to cover The Client’s personal property.
The Client is responsible for any damage The Client causes to the Building, its parking facilities, or Common Areas. The Client is responsible for insuring its and its employees, agents, licensees, invitees, or representatives (collectively, the "The Client Parties") personal property and business against all risks, and assumes all risks in connection with such property (irrespective of whether such property is in our possession or yours) and The Client forever releases and discharges The Business from any damages, losses or claims with respect to such property or business risks. Host will use reasonable care when receiving and handling accepted mail and packages under a Virtual Office, mail-service, or Registered Agent addendum. The member remains responsible for maintaining any insurance needed for loss, theft, delay, or damage. Host's responsibility for accepted items, excluded items, and service interruptions is subject to the applicable addendum and applicable law. The Client also acknowledges that The Business does not have any liability whatsoever with respect to The Client’s access, participation in, or use of the Services, or any loss of property or information resulting from such participation or use. In the event of any equipment failure or interruptions in any Service, we will work diligently to make necessary repairs as quickly as possible; however, we will have no obligation to provide the Service continuously or uninterrupted and we may reasonably modify the scope of the Services from time to time.
Host Studios seeks to provide reliable, secure, high speed internet access, and any interruptions will be addressed promptly. However, in the event of a service interruption, Host Studios is not responsible for any data, business, or other damage or losses. Similarly, Host Studios is not responsible for damage or losses resulting from power surges, computer malware or viruses, or other malicious network attack.
Host Studios is designed to provide standard office use electrical facilities and office lighting. Electrical power can fluctuate during normal usage and accordingly members and guests are encouraged to use surge protectors and any other necessary equipment for protection against spikes or dips in electrical power. Host Studios is not responsible for any damage to equipment suffered as a result of electrical conditions.
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This Agreement will be construed in accordance with and governed by the laws of the State of Washington. Any dispute under the TOU shall be subject to the exclusive jurisdiction of the courts located in Whatcom County, Washington.
In the event of a dispute relating to the subject matter of this Agreement, the non-prevailing party must reimburse the prevailing party for all reasonable attorney fees and costs.
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The Client’s rights under this Agreement may not be assigned or transferred in whole or in part, by operation of law or otherwise, without The Business’s express written consent.
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The failure by The Business to enforce at any time any of the provisions of this Agreement will in no way be construed as a waiver of any provisions nor will it in any way affect the validity of this Agreement or any part, or the right of The Business to enforce each and every provision.
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This Agreement constitutes the entire agreement between The Business and The Client with regard to the Services and supersedes all prior agreements between The Business and The Client relating to the Services.