FUSE t-shirts now available

General Terms and Conditions

FUSE COWORKING MEMBERSHIP AGREEMENT

FUSE Coworking, LLC d/b/a FUSE Coworking (“FUSE”) operates a coworking space at 151 N. 8th Street, Suite 500, Lincoln, NE 68508 for the purpose of facilitating development and growth of small businesses (“Coworking Space”).  Each member of this Coworking Space (“Coworking Member”) is subject to the following FUSE Coworking Membership Agreement (“Agreement” or “Terms”) which may be updated from time to time without notice to Coworking Member.  By signing up to become a Coworking Member and/or using Coworking Space, Coworking Member agrees to be bound by these Terms and represents and warrants that Coworking Member is twenty-one (21) years of age or older and is duly authorized and has legal capacity to execute these Terms.

LEVEL OF SERVICE.  Coworking Member’s Level of Service shall be the Level of Service selected by Coworking Member within the coworking management system that FUSE uses to manage its relationships with Coworking Members (“Coworking Management System”).  Information on Levels of Service can be found on the FUSE website at: http://www.fusecoworking.com/membership/.  If there is any conflict between the FUSE website and information presented by Coworking Management System, the Coworking Management System information will control.

TERM.  The Term of this Agreement shall be determined the Level of Service selected in the Coworking Management System (“Initial Term”). Coworking Member may change their Level of Service at any time.  If Coworking Member continues to use Coworking Space under a different Level of Service, the Initial Term will automatically be extended for the duration of the newly selected Level of Service (“Additional Term”).

PROGRAM SERVICES.  FUSE agrees to provide such services for each Level of Service as set forth in on the FUSE website.  If Coworking Member continues to use Coworking Space under a different Level of Service than the one initially selected by Coworking Member, FUSE will provide newly selected Services.

COWORKING MEMBERSHIP FEES AND CHARGES.

  1. Standard Fee. Coworking Member shall pay the amount shown in the Coworking Management System for Level of Service selected (“Coworking Fee”).
  2. Late Fees. A late fee equal to five percent (5%) of the total amount owing by Coworking Member shall be charged on any outstanding amount owed which has not been paid prior to five (5) days of its due date.  If FUSE debits to Coworking Member’s account are unsuccessful, FUSE will attempt to debit the account for five (5) days.  After five (5) days of debit failures, Coworking Member shall be charged a late fee.
  3. Payment and Payment Authorization. Any payment due from Coworking Member to FUSE shall be made to FUSE in a manner selected by Coworking Member in the Coworking Management System.  Coworking Member agrees to execute any legal consents necessary to authorize a selected payment method.  Coworking Member’s first payment shall be due on the first day of an Initial or Additional Term (“Payment Date”) and all subsequent payments will be due in 30 day increments thereafter until Coworking Member has paid FUSE in full for any obligations due and owing.  If Coworking Member desires to stop FUSE from debiting Coworking Member’s account, Coworking Member must provide at least seven (7) days’ prior written notice to FUSE.  If Coworking Member wishes to provide such notice, send notice to: we@fusecoworking.com.

POLICIES AND PROCEDURES.  Coworking Member is responsible for any invitees Coworking Member brings to the Coworking Space. All invitees must sign in upon entering the Coworking Space. FUSE shall not have any liability or obligation for the breach of any rules and regulations by other Coworking Member or invitee in the Coworking Space.  Coworking Member must not do anything that may interfere with the use of the Coworking Space by FUSE or any other Coworking Member, or cause any nuisance or annoyance, or cause loss or damage to FUSE (including damage to reputation). Coworking Member agrees not to use the Coworking Space for any purpose that is unlawful, prohibited, or otherwise illegal.

MAIL RECEIVING.  FUSE will accept mail and deliveries on behalf of Coworking Member during regular business hours. Following any membership cancellation, mail may be returned to the sender if FUSE is unable to contact Coworking Member for mail collection.

DISPUTES BETWEEN COWORKING MEMBERS.  FUSE does not control and is not responsible for the actions of other Coworking Members. If a dispute arises between Coworking Members or their invitees, FUSE shall have no responsibility or obligation to participate, mediate, or indemnify any party. FUSE reserves the right to terminate membership immediately and without refund if any dispute becomes disruptive.

CONFIDENTIALITY.  Coworking Member acknowledges and agrees that during the time as a Coworking Member and in and use of Coworking Space, Coworking Member may be exposed to Confidential Information.  The term “Confidential Information” means any information that FUSE, or another Coworking Member discloses, whether in writing, electronically or orally, to the other party, whether in tangible or intangible form.  By way of example and not limitation, Confidential Information includes: (i) any information concerning a party’s, its agents’ or licensors’ technology, such as systems, source code, databases, hardware, software, programs, applications, and manuals, including, without limitation, the selection, coordination, and arrangement of the contents thereof; (ii) any information concerning a party’s, its agents’ or licensors’ financial or business plans or operations, such as research activities and plans, marketing or sales plans, pricing or pricing strategies, and unpublished financial information, including information concerning revenues, profits and profit margins.  Each party agrees that the other will have no obligation to specifically identify by any notice or other action any information to which the protection of this Agreement extends.  Coworking Member agrees that it will: (a) hold the Confidential Information in the strictest confidence and will not copy or disclose to any third party any portion of the Confidential Information; (b) not use Confidential Information in any way directly or indirectly detrimental to FUSE or another Coworking Member; and (c) not seek to obtain or gain access to Confidential Information of another Coworking Member without such Coworking Member’s permission..

COWORKING SPACE EQUIPMENT.  Coworking Member must not alter any of the pre-existing Coworking Space equipment and must take care of all parts of the Coworking Space, including, but not limited to, its equipment, fixtures, fittings, and furnishings (collectively, “FUSE Personal Property”).  Coworking Member is liable for any damage to FUSE Personal Property caused by it or its invitees. Any maintenance resulting from damage, misuse or mistreatment by Coworking Member will be billed to that Coworking Member in their next monthly membership bill at up to the actual cost or may be deducted from the security deposit as provided by the Coworking Member.  Coworking Member shall not remove any FUSE Personal Property from the Coworking Space. The Coworking Member must not install any cabling, IT, or telecom connections without FUSE’s consent which FUSE may refuse at its sole and absolute discretion.  Coworking Member is responsible for any personal property it brings into the Coworking Space (“Coworking Member Personal Property”. It is Coworking Member’s responsibility to arrange insurance for Coworking Member Personal Property which it brings into the Coworking Space. FUSE shall not be liable in any way for Coworking Member Personal Property.

ACCESS RESTRICTIONS.  In order to enter the Coworking Space, Coworking Member will be required to use the LATCH app (“LATCH”). Coworking Member shall not add third parties to Coworking Member’s LATCH account or otherwise allow third parties to use Coworking Member’s LATCH account to access the Coworking Space.

COMPLIANCE.  Coworking Member agrees to comply with all applicable laws and regulations in the conduct of its business.  Coworking Member must not do anything that may interfere with the use of the Coworking Space by FUSE or other Coworking Members, cause any nuisance or annoyance, or cause loss or damage to FUSE (including damage to reputation).

TERMINATION.  FUSE, in its sole discretion, shall have the right to terminate this Agreement at any time with thirty (30) days prior written notice to Coworking Member.  If Coworking Member desires to terminate this Agreement, Coworking Member must provide FUSE with thirty (30) days prior written notice.  If Coworking Member does not provide FUSE with such notice, FUSE reserves the right to charge Coworking Member the Coworking Fee for an additional month.

In addition, FUSE reserves the right to terminate this Agreement immediately and without prior notice to Coworking Member, if Coworking Member’s conduct results in a material breach of this Agreement, the House Rules, or a violation of local, state or federal laws, rules or regulations.

Upon termination for any reason, Coworking Member shall immediately remove any and all personal property from the Coworking Space. FUSE will not provide any refund of prepaid fees upon termination.

INDEMNIFICATION.  Coworking Member will indemnify and hold harmless FUSE, its directors, officers, employees, agents, and representatives from any and all claims, liabilities, judgments, costs, damages, and expenses of any nature whatsoever, including the cost of defending such claims, which may accrue against, be charged to, be recovered from or sought to be recovered from FUSE, directors, officers, employees, agents, and representatives by reason of or on account of (a) any acts, omissions, or negligence of Coworking Member, or its employees, representatives, agents, or invitees (collectively, the “Member Parties”), or any other person or entity for whose conduct Coworking Member is legally responsible; (b) the violation of or failure of Coworking Member to observe or perform any condition, provision, or obligation of this Agreement, including without limitation, Coworking Member wrongful disclosure of Confidential Information; and (c) any personal injury, sickness or death of any person or damage to property arising from Member Parties’ use of the Coworking Space.

RELEASE.  Coworking Member hereby releases FUSE, its directors, officers, employees, agents, representatives, or invitees (“Released Parties”) from any liability or responsibility to the Member Parties, claiming it by way of subrogation or otherwise, for any loss or damage to the Coworking Member’s property or the property of any of the Member Parties which is brought onto the premises, regardless of how such loss or damage may occur, even if such damage or loss may have been caused by flood or other casualty or by the negligence of Released Parties or other Coworking Members.  It is expressly agreed and understood that Coworking Member and the Member Parties bring property to the Coworking Space at their own risk.  It is further agreed and understood that Released Parties will not be liable to the Member Parties for any business losses or damages to the property of the Member Parties, occasioned by the acts or omissions of other businesses or persons which may occupy the premises.

DISCLAIMER OF WARRANTIES.  TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, FUSE PROVIDES THE COWORKING SPACE AND SERVICES “AS IS” AND WITH ALL FAULTS, AND HEREBY DISCLAIMS WITH RESPECT TO THE COWORKING SPACE AND 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, RESULTS, WORKMANLIKE EFFORT AND LACK OF NEGLIGENCE.  ALSO, THERE IS NO WARRANTY, DUTY, OR CONDITION OF TITLE, QUIET ENJOYMENT, QUIET POSSESSION, AND CORRESPONDENCE TO DESCRIPTION OR NON-INFRINGEMENT CONCERNING ANY USE OF THE SERVICES.  THE ENTIRE RISK ARISING OUT OF PARTICIPATION AS A COWORKING MEMBER OR IN THE USE OF THE COWORKING SPACE REMAINS WITH YOU.

LIMITATION OF LIABILITY; EXCLUSION OF DAMAGES.  NOTWITHSTANDING ANY DAMAGES THAT COWORKING MEMBER MIGHT INCUR FOR ANY REASON WHATSOEVER (INCLUDING WITHOUT LIMITATION, ALL DAMAGES REFERENCED BELOW AND ALL DIRECT OR GENERAL DAMAGES), THE ENTIRE LIABILITY OF FUSE OR ITS SUBSIDIARIES, AFFILIATES, DIVISIONS, AND THEIR PAST, PRESENT, AND FUTURE OFFICERS, AGENTS, SHAREHOLDERS, MEMBERS, REPRESENTATIVES, EMPLOYEES, SUCCESSORS AND ASSIGNS UNDER ANY PROVISION OF THIS AGREEMENT AND YOUR EXCLUSIVE REMEDY FOR ALL OF THE FOREGOING SHALL BE LIMITED TO A REFUND OF ONE (1) MONTH’S FEES PAID BY COWORKING MEMBER UNDER THIS AGREEMENT.  THE FOREGOING LIMITATIONS, EXCLUSIONS, AND DISCLAIMERS SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EVEN IF ANY REMEDY FAILS ITS ESSENTIAL PURPOSE.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL FUSE OR ITS SUBSIDIARIES, AFFILIATES, DIVISIONS, AND THEIR PAST, PRESENT, AND FUTURE OFFICERS, AGENTS, SHAREHOLDERS, MEMBERS, REPRESENTATIVES, EMPLOYEES, SUCCESSORS AND ASSIGNS, JOINTLY AND 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 INFORMATION OR OTHER INFORMATION, BUSINESS INTERRUPTION, DAMAGE TO OR LOSS OF PERSONAL PROPERTY, PERSONAL INJURY, LOSS OF PRIVACY, FAILURE TO MEET ANY DUTY (INCLUDING GOOD FAITH OR 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 THE COWORKING SPACE OR SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE COWORKING SPACE OR 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 FUSE, AND EVEN IF FUSE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

INTELLECTUAL PROPERTY.  Coworking Member shall not use any trademark, service mark, logo or trade name of FUSE nor shall Coworking Member represent itself as having any business affiliation with FUSE, without prior written consent of FUSE.  Coworking Member grants to FUSE its representatives, employees, agents and assigns, the irrevocable and unrestricted right to use, reproduce, and publish photographs of Coworking Member, including Coworking Member’s image and likeness as depicted in any images for editorial, trade, advertising or any other purpose and in any manner and medium; to alter the same without restrictions, and to copyright the same.  Coworking Member releases FUSE, its representatives, employees, agents and assigns from any and all claims, actions, and liability related to the use of said photographs.

ASSIGNMENT.  FUSE may assign this Agreement without prior notice to Coworking Member.  Coworking Member may not assign this Agreement without prior written consent from FUSE.

GOVERNING LAW; CHOICE OF FORUM.  This Agreement is governed by the laws of the State of Nebraska without regard to its conflicts of law rules.  Coworking Member expressly agrees to the exclusive jurisdiction for any claim or dispute with FUSE in the federal and state courts within the jurisdiction of the United States District Court for District of Nebraska located in Lincoln, Lancaster County, Nebraska.  The United Nations Convention on Contracts for the International Sale of Goods will not apply to the Agreement.  EACH PARTY TO THIS AGREEMENT WAIVES, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE RIGHT TO TRIAL BY JURY IN ANY LEGAL PROCEEDING ARISING OUT OF OR RELATING TO THIS AGREEMENT.

SUCCESSORS AND ASSIGNS.  This Agreement shall be binding on Coworking Member’s heirs, legal representative, successors and assigns.

ENTIRE AGREEMENT.  This Agreement, shall be considered to contain the entire agreement between the parties hereto pertaining to the use of FUSE facilities and all negotiations and all agreements acceptable to both parties are included herein.  This Agreement may be modified by FUSE, at its sole discretion without notice to Coworking Member.

ATTORNEY’S FEES.  In the event FUSE is required to file suit to enforce any provision of this Agreement, should it prevail, it shall be entitled to recover its reasonable costs and attorney’s fees incurred in prosecuting the action, in addition to all other damages which it might be entitled.

SEVERABILITY.  In the event that any provision or portion of this Agreement is determined to be invalid, illegal or unenforceable for any reason, in whole or in part, the remaining provisions of this Agreement shall be unaffected thereby and shall remain in full force and effect to the fullest extent permitted by applicable law.

Fuse News

Sign up to get the latest news on what is happening in the ecosystem with upcoming events, offers, and an inside look at the innovative work from our members.