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.

1. Acceptance of Terms

   The facilities and services Host Studios, LLC (“Business”) provides to you (“Client”) as a member or guest, (described below) are subject to the following Terms of Use (the “TOU”). In addition to this TOU, members and all other guests must comply with the Host Studios House Rules which may be posted from time to time at Host Studios. In addition to this TOU, members and all other guests must also comply 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 the Membership Agreement.

2. License Agreement

   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.

3. Description of Services

   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.

4. No Unlawful or Prohibited Use

   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.

5. Use of services

   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:

   1. Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others
   2. Publish, post, upload, distribute or disseminate any illegal, inappropriate, profane, defamatory, obscene, indecent or unlawful topic, name, material or information
   3. Download any file(s) that you know, or reasonably should know, cannot be legally reproduced, displayed, performed, and/or distributed in such manner
   4. 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
   5. 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
   6. 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
   7. Use the Services in connection with contests, pyramid schemes, chain letters, junk email, spamming, or any duplicative or unsolicited message (commercial or otherwise)
   8. Harvest or otherwise collect information about others, including email addresses, without the authorization or consent of the disclosing party
   9. Share internet service with, or for the benefit of non-members
   10. Engage in activities requiring an unreasonable amount of bandwidth
   11. Create a false identity for the purpose of misleading others
   12. Install, maintain or otherwise locate any computer server at Host Studios
   13. Restrict or inhibit any other user from using and enjoying the Services
   14. Violate any house rules, code of conduct, or other guidelines of Host Studios or the Building
   15. Violate any applicable laws or regulations
   16. Cause any unnecessary janitorial labor by reason of carelessness or indifference in the preservation of good order and cleanliness
   17. Use any equipment or devices that utilize excessive electrical energy or which may overload the wiring or interfere with electrical service
   18. Make any unauthorized changes, alterations, or improvements to the Host Studios or the Building facilities
   19. Place any signs, advertising, or other marketing materials at Host Studios or the Building without the prior express written consent of Host Studios.
   20. 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
   21. Bring or use any firearms or weapons to Host Studios or the Building
   22. Bring or use narcotics or other banned substances at Host Studios or the Building
   23. Store goods, wares, or merchandise at Host Studios
   24. Consume alcohol if below the legal drinking age
   25. Use Host Studios or the Building for lodging

   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.

6. Fees & Payments

   Fees for Host Studios memberships, passes, event space rentals and other fees for members and non-members are posted on the Host Studios website at hoststudios.co.

   Membership fees are due upon joining. Unless you’ve made specific arrangements, the payment method used when you sign up will be automatically billed.

   We do not prorate months — start on any day of the month, and that will be your bill date moving forward.

   Automatic payments are processed via Stripe, a certified level PCI Level 1 Service Provider.

   Payment via check is required for any prepaid discounts.

   Host Studios may deny or otherwise restrict access to members that have not paid the applicable fees.

7. Access

   Members and Day Pass holders may access the office at the following times:

   Full Time, Dedicated Desk, and Office Members

   • 24 hours a day, 7 days a week, with exceptions to be provided by Host Studios at will.

   Day Pass holders and Part Time Members

   • Monday through Friday from 9 am to 5:00 pm, with exceptions to be provided by Host Studios at will.

   Closure Due To Private Events

   Host Studios reserves the right to restrict access for private events and will endeavor to provide (but cannot guarantee) reasonable notice to members in such cases.

8. Non-Member Access

   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 two (2) hours. 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.

9. Disclosure

   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.

10. Confidentiality

    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

    1. maintain all Confidential Information in strict confidence
    2. not to disclose Confidential Information to any third parties
    3. 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.

11. Participation In or Use of Services

    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.

12. Disclaimer of Warranties

    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.

13. Exclusion of Incidental, Consequential and Certain Other Damages

    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.

14. Limitation of Liability and Remedies

    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.

15. Renewal and Termination

    This Agreement is automatically renewed at the end of each period with consent of each party.

    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.

    Members may terminate this Agreement by giving a written notice of termination. Termination shall be in effect as of the end of that membership month. No refunds will be given.

    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.

16. Indemnification

    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.

17. Severability

    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.

18. Property, Insurance, and Damages

    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. Without limiting the foregoing, The Business is not responsible, and shall have no liability, for any lost packages or mail, it being the understanding that The Client, at The Client’s sole cost, is responsible for obtaining insurance to insure against the risk of lost packages or mail. 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.

19. Applicable Law and Attorney’s Fees

    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.

20. No Assignment or Transfer

    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.

21. No Waiver

    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.

22. Entire Agreement

    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.