Check-in Form

PART II – RELIABLE RECEPTIONIST/VICTORY WORKSPACE MEMBERSHIP AGREEEMENT
Individual agrees by his, her or its signature or consent that he, she or it has read, is aware of and expressly and voluntarily agrees to and accepts and acknowledges all of the terms and conditions concerning membership with Victory Workspace (formerly Laptop Lounge), a division of Reliable Receptionist, a California corporation (“Company”) and the use of the facilities and services provided. This Agreement (including Part I, Part II and all Attachments thereto) is entered into by Member and Company.
I. MEMBERSHIP PLANS:
Privileges of Membership: Subject to fulfilling the obligations and qualifications of membership in the Company, the Member shall have certain privileges of membership as described below and as may from time to time be granted by the Company depending on the Membership Plan selected. The specific Membership Plan, privileges and pricing selected by Member (“Order Form”) as attached or as placed via online shopping cart constitutes Part I and is incorporated into and is part of this Agreement. Membership Plan pricing and terms are subject to change upon 30 days notice to Member.
• Use of Company’s business address including locked mail box for mail and package reception.
• Telephone Receptionist and communications services at rates indicated on order form Part I and in Company Prices & Plans.
• Outbound calling as indicated on order form Part I and in Company Prices & Plans.
• Access to networked Print/Copy/Scan machine at rates indicated in Company Prices & Plans.
• Access to workspace on a first-come, first-serve basis in accordance with chosen plan during normal business hours (8:30 AM to 5:30 PM, MONDAY thru FRIDAY, except holidays)
• Use of private meeting rooms (Subject to reservation schedule and posted rates.)
• Hi-speed internet access
• Beverages: coffee, tea and water
• Extended hours access and dedicated desk available for some Membership Plans
• Use of Company’s space for purpose of Event rental as outlined in Event Rental Addendum, if included.
II. MEMBERSHIP TERM:
Except for Day Pass Members and Event Rentals, the Membership term under this Agreement is for a period of one (1) month(s) and will automatically continue on a month to month basis, with 30 days notice to cancel, upon expiration without a new contract or need for signing by the parties. The Membership term commences upon consent or when the Membership fee is paid and the Member’s application is approved by Company. Member must provide 30 days written notice if s/he elects not to renew the Membership term. Terms of membership renewal are not automatic or guaranteed. Company at its sole discretion may terminate the Membership upon 15 days written notice.
III. CODE OF CONDUCT:
Company strives to maintain a courteous and professional environment for all Members. In order to maintain this environment, Company requires all Members to abide by Company’s Code of Conduct. A copy of Company’s Code of Conduct is available upon request and in members section of company website. Member confirms that s/he has reviewed and shall abide by the Company’s Code of Conduct, which may change or be modified from time to time at Company’s sole discretion. Additionally, at the sole discretion of Company, Membership may be revoked immediately upon any violation of the Company’s Code of Conduct. As a condition of Membership, Member shall, under no circumstance, utilize the Company facilities or Benefits to conduct or in anyway be involved with any unlawful conduct, statutory violation or conduct or actions that are offensive to Company or any other Members.
IV. PAYMENT:
All Membership fees shall be prepaid monthly on the 1st day of the month, except for Day Passes which can be paid the same day and event rentals which may be paid at time of booking. Any Membership not commencing on the first of the month shall be prorated and paid for in advance. Member may also pay Membership fees in advance. Membership fees paid after the 1st of the month are subject to a 5% late fee and shall be due immediately along with any unpaid Membership fees. Day Pass Members shall pay immediately upon executing this Agreement.
In addition to the monthly Membership fees, charges for additional Company services used by Member not included in the Member’s plan will be invoiced monthly. The additional services and rates are available upon request and at the Company front desk. Member shall promptly pay for all additional services no later than the 10th of the month following the month said charges were incurred. By providing a Visa/MasterCard/American Express/Discover card or ACH routing information either online, in person or by phone, Member authorizes company, as part of this agreement, to initiate entries to said credit/debit account on a recurring basis for outstanding charges due until such time that Member provides written notice revoking this authorization in such time and manner as to afford Company a reasonable opportunity to act on the termination.
V. DEPOSIT:
A deposit equal to one month’s Membership fee may be required, at sole discretion of Company, at the time of the execution of this Agreement. Company will hold the deposit as security for performance of your obligations hereunder. Company may, but is not required to apply the deposit towards any outstanding obligation of the Member to Company. The deposit, or any balance after deducting outstanding fees and other costs due to Company, will be returned to Member within sixty (60) days after your Membership Term ends. No payment of any interest will be paid to Member. Company may require you to pay an increased deposit if, (1) outstanding fees exceed the deposit held or (2) you fail to pay fees when due.
VI. PERSONAL GUARANTEE:
For value received, individual does hereby unconditionally and irrevocably personally guarantee the prompt payment and full performance of all terms, covenants, conditions and agreements as contained herein.

VII. NON-SOLICITATION:
Member agrees that during the period beginning as of the first day of the Membership Term and continuing for a period of one (1) year after termination (“Non-Solicitation Period”), Member shall not directly or indirectly, on its/his/her/their own behalf call upon or, solicit, (in any capacity), any person who is an employee, contractor, consultant or representative of the Company, for the purpose of soliciting, asking, encouraging or inducing such employee, employee, contractor, consultant or representative to discontinue or modify his/her/its relationship with the Company or to establish with Member a relationship that may be detrimental to the Company, except for general solicitations not directed at any specific individuals or the employees, contractors or consultants of the Company generally. Member acknowledges and agrees that damages resulting from a breach of this Paragraph would be difficult to ascertain with a reasonable degree of certainty and further agrees to pay to Company as liquidated damages, and not as a penalty, a sum equal to twenty-five (25%) percent of the employee's annual salary as of said employee's last day of employment with Company. Payment will be due on written demand.
VIII. DISCLAIMERS AND LIMITATION OF LIABILITY:
Company makes no representations, warranties or guarantees as to the reliability or uptime of the phone system, electricity, hi-speed internet, or any other benefit provided by a third-party service provider or to the accuracy or reliability of any phone messages or mail/packages received on Members behalf, including but not limited to parcels for USPS, UPS, FedEx, DHL or any other delivery service. All facilities and benefits are provided “as is” with all faults, no representations or warranties of any kind, either expressed or implied, including but not limited to, the implied warranties of merchantability, fitness for a particular purpose. Member assumes total responsibility and risk for Member’s use of Company facilities and benefits. Company shall not be held responsible for any loss, damage, or lost profits of any kind whatsoever to Member, whether caused by another Member, third party, Act of God, or other source. Company shall not be liable for any injury or damage to a third party that is a guest or invitee of Member and Member shall indemnify and hold Company harmless from any claim, whatsoever by any third party which was a client, customer, invitee, guest or otherwise associated or affiliated with Member.
Member is solely responsible for their own personal property, including any files or documents, and Company shall not be responsible or liable in any manner for the theft, loss, infringement of or damage to Members personal property regardless of any negligence of Company or Company representatives or employees. Member is solely responsible for the protection of any confidential or protected information or work product. Member expressly waives any and all claims against Company for the above and agrees to indemnify Company against any and all costs or expenses stemming there from.
Under no circumstances, including, but not limited to, negligence, shall Company or its affiliates be liable for any direct, indirect, incidental, special or consequential damages that result from the use of, or the inability to use, Company facilities or benefits. If Member is dissatisfied with any of Company’s facilities, benefits, services, assistance or products, or with any of Company’s terms and conditions, Member’s sole and exclusive remedy is to not renew his/her or its Membership.
IX. INDEMNITY:
Member shall defend, indemnify and hold harmless both the Company and KIMCO Realty and any of its subsidiaries, from any and all losses, liabilities, damages, injuries, claims, demands, lawsuits, costs and expenses connected with Member’s use of the Company facilities and benefits, including claims by third parties as mentioned above under disclaimers and limitations of liabilities.
X. CHOICE OF LAW AND VENUE:
This Agreement is entered into in the State of California and shall be governed by and construed in accordance with the laws of the State of California, exclusive of its choice of law rules. Each party to this Agreement submits to the exclusive jurisdiction of the state and federal courts sitting in the County of Contra Costa in the State of California, and waives any jurisdictional, venue, or inconvenient forum objections to such courts. In any action to enforce this Agreement, the prevailing party will be entitled to costs and attorney's fees.
XI. ARBITRATION
Member agrees that any controversy or claim arising out of or relating to this Agreement, or the breach thereof, shall be resolved by arbitration conducted under the auspices of a sponsoring organization, either the American Arbitration Association (“AAA”) or Judicial Arbitration & Mediation Services (“JAMS”), with the designation of the sponsoring organization to be made by the party who did not initiate the claim. Arbitration shall be conducted in Contra Costa County, California, or in any other convenient forum agreed to in writing by the parties. The arbitration shall be in accordance with the sponsoring organization’s then-current consumer arbitration rules/procedures. The Arbitrator shall be either a retired judge or an attorney who is experienced in consumer/contract law and licensed to practice law in the state in which the arbitration is convened (the “Arbitrator”).
Any arbitration award shall be final and binding, and judgment upon the award rendered pursuant to such arbitration may be entered in any court of proper jurisdiction. The prevailing party in any action arising out of or directly related to this Agreement is entitled to compensation of its reasonable attorneys’ fees and costs and expenses resulting from the action.
XII. SEVERABILITY:
If any of the provisions of this Agreement or the application thereof is held to be invalid, its invalidity shall not affect any other provision or application of this Agreement to the extent that such other provision or application can be given effect without the invalid provision or application, and to this end, the provisions of this agreement are declared and understood to be severable.
XIII. ENTIRE AGREEMENT:
This Agreement constitutes the entire agreement between Company and Member pertaining to the subject matter of this Agreement. This Agreement expresses the complete, final and exclusive agreement of the parties and all prior negotiations, understandings and agreements are merged into this Agreement.
XIV. OTHER TERMS AND CONDITIONS:
Nothing in this Agreement will be deemed or construed to create a joint venture, partnership, or agency relationship between Member and Company for any purpose. This Agreement cannot be assigned by Member, in whole or in part, without the prior written consent of the Company. This Agreement need not be executed by Company to be enforceable as long as it is executed by Member. A facsimile or electronic copy of this Agreement may be accepted as an original. The prevailing party in any action arising out of or directly related to this Agreement is entitled to compensation of its reasonable attorneys’ fees and costs and expenses resulting from the action.
I have read the terms of this Membership Agreement and the Code of Conduct and accept all terms and conditions set forth herein.