Terms and Conditions
General Terms and Conditions
You acknowledge receiving and reading a complete copy of this Agreement before accepting it. *Wide-Awake Geek is a program owned and operated by Wide-Awake Geek, LLC.
All of the terms and conditions in this Agreement, as well as those contained in the guide entitled “Rules, Regulations & Policies” are a part of this Agreement. You understand that *Wide-Awake Geek terms and conditions in our Rules, Regulations & Policies Guide are included in your online member account (and posted on (http://www.wideawakegeek.com); are incorporated into (or referenced by) this Agreement; and are binding.
We, Wide-Awake Geek, agree to sell and You agree to purchase the membership, goods and services described herein. You agree to pay us for the membership, goods and services according to the Term and payment schedule listed in your Membership Registration and the Addendum titled “Membership Fee Schedule”. All persons signing this Agreement are equally responsible for paying it in full.
You acknowledge that Wide-Awake Geek did not make any representations or promises that are not stated in this Agreement.
Wide-Awake Geek employees are not authorized to make any changes written and/or verbal, additions, or modifications to this Agreement.
This Agreement, these Terms and Conditions, and all rules, regulations and policies of Wide-Awake Geek as revised from time to time, and constitutes the entire and exclusive Agreement between You, the Member, and Wide-Awake Geek, and replaces any prior agreement, promise, and/or representations whether oral or written.
This Membership Agreement shall be interpreted under the laws of the State of California. If a court declares any part of this agreement invalid, it will not invalidate the remaining parts, which continue unaffected. Our delay or failure to enforce any right in the agreement, for any reason, does not waive our right to enforce it later. In the event of any litigation arising out of this agreement the prevailing party shall be entitled to recover legal fees.
BY ELECTRONIC SIGNATURE, THE MEMBER, WARRANTS THAT S/HE HAS READ, UNDERSTOOD, AND AGREES TO ALL CONDITIONS OF THIS MEMBERSHIP AGREEMENT.
DESCRIPTION OF SERVICES
Wide-Awake Geek may provide You with access to one or more business club facility that may include one or more lounge area, shared office space, workstations, office equipment, meeting and/or conference rooms, Internet access, online account resources, knowledge resources, and other services as Wide-Awake Geek may provide from time to time (collectively, “Services”).
USE OF SERVICES
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 illegal, unlawful or prohibited by any part of the Agreement, including but not limited to exceeding the lawful occupancy capacity of the facility. You may not use the Services in any manner that could damage, disable, overburden, or impair any Wide-Awake Geek equipment or property, including servers and/or bandwidth and/or the network(s) connected to any Wide-Awake Geek server, or to interfere with any other member’s use and enjoyment of any Services. You may not attempt to gain unauthorized access to any Services, accounts, computer systems or networks connected to any Wide Awake Geek server through hacking, password mining or any other illegal or unlawful means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Services.
You may not attempt to gain unauthorized access to any Services, or accounts, computer systems or networks connected to any Wide-Awake Geek 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.
You agree that when participating in or using the Services, you will not:
a. Use the Services in connection with ANY contests, pyramid schemes, chain letters, junk email, Spamming, duplicative or unsolicited messages (commercial or otherwise); b. Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others; c. Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, obscene, indecent or unlawful topic, name, material or information on or through Wide-Awake Geek servers; d. 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 of privacy or publicity) unless you own or control the rights thereto or have received all necessary consent to do the same; e. 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 secrets, or other proprietary right of any party; f. Upload 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; g. Download any file(s) that you know, or reasonably should know, cannot be legally reproduced, displayed, performed, and/or distributed in such manner; h. Restrict or inhibit any other user from using and enjoying the Services; i. Violate any code of conduct of other guidelines which may be applicable for any particular Service; j. Harvest or otherwise collect information about others, including email addresses, without the authorization or consent of the disclosing party; k. Violate any applicable laws or regulations; and l. Create a false identity for the purpose of misleading others.
Member, Guest and Visitor Conduct: Members, their Guests and Visitors shall be subject to the control and guidance of Wide-Awake Geek staff and follow the instructions of the staff while in the Wide-Awake Geek club facilities. Members and Guests agree to conduct themselves in a well-mannered fashion so as not to cause any disturbances that would interfere with the productivity and enjoyment of Wide-Awake Geek by other Members, Guests and Visitors.
Under no circumstances shall Members, Guests or Visitors use foul, loud, or slanderous language, or harass, molest, badger, or solicit others. No illegal activity is ever permitted.
Participation Acknowledgement: You acknowledge that you are participating in or using the Services at Your own free will and decision. You acknowledge that Wide-Awake Geek does not have any liability with respect to your access, participation in, use of the Services, or any loss of information or property resulting from such participation or use.
Not an Employee: You are not an employee of Wide-Awake Geek and your membership, or purchase of any Services, does not constitute an employer-employee relationship.
Disclosure: Wide-Awake Geek reserves the right at all times to disclose any information about you, your participation in and use of the Services as Wide-Awake Geek deems necessary to satisfy any applicable law, regulation, legal process or governmental request. Wide-Awake Geek reserves the right to edit, refuse, or remove any materials or information about you, in whole or in part, at Wide-Awake Geek sole discretion.
FEES & FINANCIAL OBLIGATIONS
Payments: All recurring and incidental charges are conducted by means of Electronic Funds Transfer (EFT) or Check.
EFT Authorization: All recurring and incidental charges are conducted by means of Electronic Funds Transfer (EFT). You, the Member or Buyer, do hereby authorize Wide-Awake Geek’ third-party billing administrator to electronically and automatically bill your bank or credit card company (as indicated) for payment by way of EFT. This EFT billing may apply to: Monthly Dues, Annual Maintenance Fee, Prepaid Membership Renewal Fees, Services (including but not limited to private office, training or conference room use, mail services etc.) or related incidental/service charges as a result of Insufficient Funds. EFT is the safest form of payment available and the Member or Buyer maintains full control and privacy over their accounts at all times.
You understand that Wide-Awake Geek may continue to charge your account and/or cancel your Membership in accordance with the terms and conditions of this agreement.
Failure to Pay: Any monthly Check or EFT billing which is returned for non-payment will automatically include an Incidental Service Charge of $25 for a returned EFT billing (see below). The membership will be cancelled and You will be liable for all outstanding monies due at that time if the monthly billing and Incidental Service Charge is not paid within 10 days of the original EFT due date. Placing a stop payment on the account does not relieve the Member and Buyer of obligation to comply with Membership Cancellation procedures. Notice Regarding Returned Checks and EFT Billing: According to California Civil Code, Section 1719 (1983 statutes, Chapter 522, as amended): Any person who makes a check, draft, or order for the payment of money which is dishonored is civilly liable for damages of at least one hundred dollars ($100) or, if higher, three times the amount of the check up to one thousand five hundred dollars ($1,500). Except in the case of a “good faith dispute” placing a stop payment on your account does not relieve you of your obligation to comply with Membership Cancellation procedures. Wide-Awake Geek charges $25.00 for each returned check, EFT, or credit card payment.
Right to Modify: Except as provided within this Membership Agreement Wide-Awake Geek reserves the right to adjust any fees at any time at its sole discretion. Further, Wide-Awake Geek has the right to add to any membership dues, any tax imposed by the government. Members will be provided with a (30) day notice of any such increases.
Unpaid Balances: Outstanding balances are subject to immediate membership suspension and a service charge of $25 for each month overdue. Any cost for collections incurred by Wide-Awake Geek will be added to the member’s outstanding balance. Upon termination or cancellation of membership any unpaid balance for services, membership fees, or merchandise will become immediately due. Wide-Awake Geek reserves the right to charge past due balances and related charges to the Membership account under EFT authorization.
Member Obligations: You shall not be relieved of the obligation to make payments agreed to and no eduction from any payment shall be made because of your failure to use the Wide-Awake Geek facilities. Dues are for the period stated in the Agreement.
It is your responsibility to promptly update any changes in contact information (including but not limited to e-mail, address and telephone) and billing information in your online member account.
You agree to always maintain valid bank or credit card account for EFT in your online account and authorize Wide-Awake Geek to bill your bank or credit card account for any services received. You authorize Wide-Awake Geek to charge the bank or credit card company account on file in lieu of presenting it for any services received, at your request.
You understand that monthly dues and / or renewal fees will be charged or withdrawn on or after the same day of each month as listed in my Membership Registration. Additional fees will be charged or withdrawn immediately or at the time of requested services.
Cancellations: Cancellation of a Month-to-Month Membership or Change in EFT Billing Information: the existing EFT Payment Authorization will remain in full effect until member submits in writing a cancellation request at least 15 or more business days before the next scheduled EFT payment and the request is approved. In the case of a Cancellation the Member must pay in full any outstanding monies due. The Member may continue to use the facility during the Paid Period and the membership ends at the conclusion of the Paid Period. The Member must return all membership access devices (e.g. keys or key-FOBs). Once the membership is cancelled, an enrollment fee must be paid again should the former member elect to rejoin Wide-Awake Geek.
Late Cancellation and EFT Billing Errors: No refund of monthly dues will be paid in the event that a Member Cancels after the cancellation deadline (48 hours prior to the billing date). It is the member’s responsibility to observe proper cancellation procedures.
Refunds: Should a billing error occur Wide-Awake Geek would provide a refund with an authoritative WRITTEN proof of cancellation, i.e., emailed receipt of cancellation within agreed upon notification period. It is your responsibility to retain records until the cancellation has been confirmed via bank documentation. Unless otherwise stated, any approved refund will be made within fifteen (15) business days from the date of request.
Non-transferable: Your rights and obligations under this Agreement cannot be assigned to anyone else without our prior written consent.
Gifts: In the event this membership is purchased for another, the Buyer assumes full responsibility for any person who becomes a Member under the Agreement and these Terms and Conditions and shall indemnify Wide-Awake Geek its affiliates, agents, and employees against any and all liability incurred by the Member during his or her use of any and all Wide-Awake Geek facilities. In addition, the Member must sign and agree to all provisions of the membership.
DISCLAIMER OF WARRANTIES
Hours and Facilities: At the sole discretion of management and without notice, Wide-Awake Geek reserves the right to alter or amend staffed hours of operation, make changes to the physical facilities, change equipment, alter, amend or eliminate Services, programs and activities, and/or temporarily close the facility or a part of the facility while repairs, renovations or seasonal maintenance take place. Wide-
Awake Geek will make every effort to minimize any disruption to members during these periods. There will be no reduction, suspension, abatement, or apportionment of membership fees or other charges.
Material Changes and Extended Interruption of Service: Member may cancel this Agreement if Wide- Awake Geek materially changes the services promised as part of the initial contract. In the event of an extended interruption of services due to a fire, natural disaster, or national emergency, Wide-Awake Geek reserves the right to transfer membership to another like facility within a five-mile radius, or, freeze memberships and resume memberships, as services are made available again. If this period of interruption extends beyond one-year a member’s membership obligations will be suspended.
Exclusion of Incidental, Consequential and Certain Other Damages: Wide-Awake Geek will not be responsible for the loss, theft, disappearance, or damage to any personal property, including money, negotiable securities or jewelry belonging to Member, Guests or Visitors. Members, Guests and Visitors are encouraged to leave valuables at home or to keep them on their person at all times. Personal belongings can be stored in lockers or file cabinets. Day-use lockers are to be used only during the Member’s or Guest’s visit to the club. Overnight lockers can be rented on a monthly basis. Wide-Awake Geek does not provide locks. Food, beverages and containers will be removed at the end of each day. Please remember that lockers are not theft proof.
Software Security: Wide-Awake Geek does NOT make any warranties or guarantees about security. It is the Member, Guest and Visitor’s responsibility to secure their own personal computer or device with intrusion detection/prevention software .firewall. and anti-malware clients.
ASSUMPTION OF RISK
These risks can range from minor injuries to major injuries including death and accidental injuries. Accidental injuries include those caused by you, those caused by other persons, those of a slip and fall nature, and injuries occurring anywhere in the club including but not limited to: hallways, lobbies, restrooms, offices, conference rooms or activities associated with the club, but outside the club. In consideration of Member, Guest and Visitors participating in the activities and use of the facilities offered by Wide-Awake Geek, Members, Guests and Visitors knowingly and freely assume the risk of any and all accidents or injuries of any kind that may be sustained by, or in connection with, use of the facilities.
Unsupervised Usage and Special Risk: You acknowledge that Wide-Awake Geek is an unsupervised club, which may pose a special risk for members to consider. You assume all risks associated with using the facility and all equipment with or without the aid and presence of Wide-Awake Geek staff.
Equipment Misuse is Dangerous: It is Your responsibility to assure safe use of any and all equipment. Using equipment in a manner not intended by the manufacturer is prohibited.
Except for willful misconduct or gross negligence, You agree to fully release, discharge, indemnify, defend, and hold harmless, Wide-Awake Geek, its owners, officers, directors, shareholders, employees, instructors, agents, lessors of premises and equipment, and affiliates (“Releasees”), and to assume responsibility for any and all present and future claims or demands resulting in injury, death or property damage, whether caused by the negligence of Releasees or otherwise, while You are in, or about the Wide-Awake Geek premises or any facilities or equipment, or taking part in any activities associated with Wide-Awake Geek, but outside the physical location. You understand that Wide-Awake Geek is relying on this Release of Liability and Hold Harmless provision in agreeing to enter into this Agreement.
LIMITATION OF LIABILITY
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 Wide-Awake Geek [including its subsidiaries (whether or not wholly-owned), affiliates, divisions, and their past, present and future officers, agents, shareholders, members, guests, visitors, representatives, employees, and/or successors] shall be limited to actual damages incurred by you based on reasonable reliance up to a maximum of the total fees actually paid by you to Wide-Awake Geek during the prior 6 months.
The foregoing limitations, exclusions and disclaimers shall apply to the maximum extent permitted by applicable law, even if any remedy fails its essential purpose.
TERMINATION OR TRANSFER
Wide-Awake Geek reserves the right to cancel this Membership Agreement for any violation by the Member of the provisions set forth within this Agreement, or as promulgated in the club or on its website, or of which Member has been verbally notified, including but not limited to: (a) failure to make payments of monies when due, (b) consistent failure to observe Rules, Regulations, Policies and Procedures (c) behavior that is contrary to the best interests of other Members, Guests, or Visitors (d) any legal action filed by the Member against Wide-Awake Geek, or any legal action filed by Wide- Awake Geek.
We may assign or transfer this Agreement or any of our rights under this Agreement without notice to you, except as otherwise required by law.
You agree to settle any dispute with Wide-Awake Geek, any of its employees, vendors, affiliates, members, guests, or visitors using binding arbitration instead of a lawsuit. You agree to use the American Arbitration Association commercial arbitration rules with the venue for all proceedings to be in Santa Barbara, California.
All notices under this Agreement shall be delivered as follows:
To Wide-Awake Geek: Deliver by both email to [email protected] AND certified mail to Wide-Awake Geek 922 G Street, Marysville, CA 95901 Attn: Rikki Shaffer.
To a Member: Deliver to either email address listed in the online Member Account or the email address listed in the Member Registration or the mailing address listed on file.
RULES, REGULATIONS & POLICIES
Age Requirements: Members must be at minimum in 7th grade and 12/13* years of age. RULES:
- We reserve the right to refuse service to anyone. We also reserve the right to dismiss any Member, Guest or Visitor from the club or facility at our discretion. And we may terminate a membership for the violation of the rules, regulations, policies, provisions, terms or conditions listed in the Membership Agreement and/or in the online member account, the website and/or posted in the club facility itself. This means every membership is terminable by Wide-Awake Geek at-will immediately upon notice to you, with or without cause.
- Break the law and we’ll immediately exercise our rights listed in Rule #1 .
- Not only may you not use Wide-Awake Geek for any purpose that is unlawful, you may not use Wide-Awake Geek for anything that is prohibited or unacceptable to others in or near the facility, or a part of the Wide-Awake Geek online community.
- Members 12-15 years of age must be accompanied by parent or guardian when utilizing the space (special events designated for youth excluded unless otherwise noted). More:
- You may not do anything that could damage, disable or impair any of Wide-Awake Geek equipment, facilities, Services, programs or resources.
- You may not prevent others from using Wide-Awake Geek.
- You agree never to attempt to gain access to any computer systems or networks of Wide-Awake Geek, or attempt to obtain any materials or information not intentionally made available to our Members, Guests or Visitors.
So, if you misuse your membership, guest or visitor privileges in anyway–see Rule #1.
- You promise to adhere to The Golden Rule! You will treat others as you would like to be treated. You’ll behave honestly, ethically and with integrity. You will show proper care of equipment, clean up after yourself, and be respectful of other Members, Guests, Visitors, Staff and Neighbors. You will be considerate. Basically, Wide-Awake Geek expects all Members, Guests and Visitors to maintain an ethic of reciprocity.
- The Do Not Disturb Rule. If a Member, Guest or Visitor is in one of the shared, social zones and wearing a headset or buds in both ears, the person prefers not to be disturbed. If only one ear is plugged, you can approach the person, but should keep the interaction brief and to the point. Both ears free? Let the conversation begin!
- Expect to network and collaborate, but not Always Be Selling. It is inappropriate to use Wide- Awake Geek for the primary purpose of selling your products or services to other Members, Guests and Visitors.
- Your personal property is your responsibility. Neither Wide-Awake Geek nor its Members, Guests or Visitors, will have any liability to you for any loss when using Wide-Awake Geek or any of its goods, programs, Services or products.
- The Rules may sometimes change. You’re responsible for regularly checking your online account or our website for updates to the rules. We will do our best to communicate all important changes based on your communication preferences in your online account.
- You agree to release, indemnify, defend and hold harmless Wide-Awake Geek, its owners, employees, agents, and vendors, members, guests, visitors and neighbors from and against all claims, liabilities, losses, damages, expenses, judgments, fines and/or penalties based on or arising out of your negligent actions, errors and omissions, willful misconduct and fraud, breach or violation of the terms, conditions, rules and/or policies or otherwise suffered in connection with your use or participation of Wide-Awake Geek.
Club Hours: The club is only open and available for use during posted hours and may not always be “staffed”. Any requests for scheduling access during other times will be handled on a case-by-case basis and require the payment of additional fees including the cost of having Staff on-site.
Guest Policy: Guests and Visitors must register at the front desk upon entry and be accompanied by a Member throughout their visit (when using Member Only areas). Members are allowed to have guests accompany them free of additional charges when office, training room or conference room hours have been reserved and associated fees paid; and only during staffed hours of operation.
Guests under the age of 12 are only allowed with a member in an office, training room or conference room that has been reserved and associated fees paid; and only during staffed hours of operation.
- A member can host one or two guests at the same time in the social zones for no additional fee.
- A member can host an unlimited number of different guests per month (but only one or two at the same time)
- The guest’s first two visits with the member per month is free
- The guest’s third visit with the member during that month is not free and the Wide-Awake Geek guest visitation fee is 50% off the co-work day pass rate and can be paid by the member or the guest. Guests must provide valid identification and should allow time for registration at the front desk. Guests must comply with all club rules, regulations, policies, procedures, conditions, and provisions.
Wide-Awake Geek reserves the right to exclude any Guest whose use of the club, in the sole opinion of Wide-Awake Geek, would be detrimental to the use and enjoyment of Wide-Awake Geek by other Members, Guests or Visitors. Members are responsible for the actions of their Guests.
Cameras and Cell Phones: Members, Guests and Visitors shall gain permission before taking photos or videos in any form including but not limited to the use of cameras and phones. Cell phones must have audible ringers turned off. Members, Guests and Visitors must make every effort to minimize the impact of their cell phone use while in the public zones and use either phone booths or paid, private meeting zones. Loud talking will be frowned upon and may result in loss of cell phone use, at the sole discretion of management.
Food & Drink: You are encouraged to take regular breaks, including for meals and refreshment. A meal is a great reason to get up, stretch and leave the club. Our club location was chosen, in part, for its close proximity to local restaurants. If you prefer to stay in the club to eat: please be reminded of Rule #5, the Golden Rule. (In other words: do not impose the scents and sounds of your meal onto others!)
Also, please note that Wide-Awake Geek Kitchens are equipped for drinks and moderate food. There are small appliances (e.g. a microwave or toaster oven) to help with food preparation. All items in the refrigerator are discarded daily, without exception, by the staff.
Pets: No Pets (service animals excluded) in or around the facilities. Members, Guests and Visitors should not leave dogs unattended outside.
Bikes: Bikes are restricted to bike racks only. Please do not bring bikes inside.
Surveillance and Security: Be advised that this facility is under surveillance 24 hours a day. Realize that records, data and videos of Members, Guests or Visitors access or use of the facility may be retained by Wide-Awake Geek and/or its agents for scrutiny. Members, Guests and Visitors are responsible for operation of panic alarms and agree to use them only in case of emergency.
ADDENDUM A — MEMBERSHIP FEE SCHEDULE Enrollment Fee: You are required to pay a nonrefundable enrollment fee as a requirement of any Membership type. As long as the membership is maintained in good standing the enrollment fee will be charged only once during the Membership Term. The enrollment fee may change or be waived from time to time at the discretion of Wide-Awake Geek.
Annual Maintenance Fee: You shall pay an Annual Maintenance Fee as provided for in the Membership Fees section of this agreement. Wide-Awake Geek may increase the Annual Maintenance fee once per calendar year.
Freezing a Membership: At the sole discretion of management, Wide-Awake Geek may allow a charter or contractual membership to be frozen for a $10/month administrative fee. There are no “retroactive freezes.” To be eligible for a freeze the membership must be in good standing with all fees and charges current. The term of the Freeze may be for no more than three (3) months at one time and for no less than one (1) month. The Member must complete a membership freeze request and submit in writing at least two business days or more prior to their next scheduled EFT date. The membership will resume automatically at the conclusion of the freeze period. Any Contractual Membership will be extended an amount equal to the period of the freeze.