Terms and conditions
General Terms and Conditions
In consideration for the mutual benefits exchanged by AWL Creative at A Wedding Loft, LLC, hereinafter (the “AWL”) and the undersigned, hereinafter (the “Member”, "User" “They/Their” or, collectively the “Parties”), the Parties hereby agree, warrant, consent and covenant to the following terms, conditions and representations:
THE #1 RULE Treat people how you want to be treated.
AWL at 11 South King Street, Unit B, Leesburg, VA 20175, is a nurturing, encouraging space for entrepreneurs and creatives, and their clients and guests to operate their businesses. If the User cannot be respectful, kind, and supportive, the User does not belong at AWL. If AWL finds any reason to believe the User is no longer a good fit, positive influence, or contribute to the AWL’s mission, the User's access to the space and online account will be terminated immediately, and all payments and fees will be forfeited.
MEMBERSHIP If the user is subscribing to membership at AWL - This is an allocated membership, terms and conditions discussed prior to enrollment. AWL reserves the right to terminate any service at any time, immediately and without notice. In addition, any “hourly” fees for services beyond what is included specifically in the agreement are subject to change with notice. Month-to-month membership costs may be increased after a sixty (60) calendar day notice is provided to the member.
The Member agrees to conduct themselves according to the policies that AWL implements from time to time regarding personal behavior in the Space and within AWL-hosted digital platforms. At AWL’s sole discretion, the Member’s membership at the AWL may be terminated for behavior that violates any such policies.
CONDUCT User agrees not to use AWL’s Space for any purpose that is unlawful, prohibited, or that could damage, disable or impair the Space or prevents AWL’s other Users from enjoying the Space, or that would damage the reputation or business of AWL. The User agrees not to use AWL in connection with: lottery contests, pyramid schemes, chain letters, junk email, spamming or similar behavior; defaming, abusing, harassing, threatening or otherwise violating the legal rights (such as privacy and publicity) of other AWL Users; posting, creating, distributing or disseminating, inappropriate, profane, defamatory, obscene, indecent, or unlawful material or information; uploading, reproducing, using, performing or otherwise making available, images, software or other material or information which infringes another’s rights, or is protected by intellectual property laws where the User doesn’t own or license such rights; uploading or using files that contain viruses, corrupted files, or any other similar software or programs that may damage the computers or property of AWL or other AWL Users; defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others; and any activities that may create holes in the walls, damage the floor, appliances or the Space in any way. Under no circumstances will AWL be responsible for any loss, liability or damage, including but not limited to copyright or trademark infringement, personal injury or death or property damage, resulting from or arising out of the User's use of other Users businesses or contracted services by AWL members, general Users, or affiliations, any content submitted to AWL’s website and marketing vehicles or other Users; or any interactions between or among Users or affiliates whether online or offline.
Users are not permitted to consume alcohol within AWL's building or hosted events, with the exception of approved events. Anyone that is considered impaired during, or upon entry, will be asked to leave and will put their membership, use, or affiliation at risk.
Smoking is only permitted outside in designated smoking zones or in accordance with town ordinances. All use and /or possession of illegal substances at AWL is strictly prohibited as is any User and /or their guests who engage in any illegal, hazardous or dangerous conduct or activities. Failure to abide by this will put their membership, use, or affiliation at risk.
INDEMNIFICATION The User releases, and hereby agrees to indemnify, defend and save harmless AWL and any 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 the User's negligent actions, errors and omissions, willful misconduct and fraud in connection with the participation in or use of any of AWL’s services or offerings to the User. The User further agrees in the event that the User brings a claim or lawsuit in violation of this agreement, the User shall be liable for any attorney fees and costs incurred by AWL or its respective officers and agents in connection with the defense of such claim or lawsuit.
NON-DISPARAGEMENT The User shall, during and after the participation in and use of AWL, refrain from making any statements or comments of a defamatory or disparaging nature to any third party regarding AWL, or any of AWL’s officers, directors, employees, personnel, agents, policies, services or products, other than to comply with law.
DISCRIMINATION AWL strives to be an all-inclusive, non-discriminatory and safe place. AWL will not tolerate the User acting in a disrespectful, discriminatory, aggressive, offensive, dangerous or other anti-social manner.
AWL does not and shall not discriminate on the basis of race, color, religion (creed), gender, gender expression, age, national origin (ancestry), disability, marital status, sexual orientation, or military status, in any AWL’s activities or operations. These activities include, but are not limited to, hiring and firing of staff, selection of volunteers and vendors, and provision of services. AWL is committed to providing an inclusive, and welcoming space and community for all members of our staff, volunteers, subcontractors, vendors, and clients.
NO TENANTCY AWL provides co-working services on an “as is” basis as a service and not as a lease of real property, and disclaims all warranties and conditions, whether express, implied or statutory, including, but not limited to, merchantability, title, quiet enjoyment, possession, fitness for a particular purpose or use, to the extent permitted by law. The Member hereby understands, agrees and warrants that they are not a tenant and AWL is not a landlord and there is no tenancy relationship whatsoever as defined in any case law or legislation, rules, or regulations.
NO RESIDENCY The space is a commercial facility. Using the location for the purpose of establishing a personal residence is not permitted. The User hereby understands, agrees and warrants that they are not a residential tenant at AWL.
PHOTO MEDIA RELEASE
Acknowledgement of this document hereby grants AWL the irrevocable right and permission to use photographs, audio recordings and/or video recordings of the User on AWL website and other websites and in publications, promotional flyers, educational materials, derivative works, or for any other similar purpose without compensation to the User.
The User understands and agrees that such photographs and/or video recordings of the User may be placed on the Internet; understands and agrees that the User may be identified by name and/or title in printed, Internet or broadcast information that might accompany the photographs, audio recordings and/or video recordings of the User. The User waives the right to approve the final product. The User agrees that all such portraits, pictures, photographs, video and audio recordings, and any reproductions thereof, and all plates, negatives, recording tape and digital files are and shall remain the property of AWL.
The User hereby releases, acquits and forever discharges AWL and its current and former employees, agents, officers and employees of the above-named entities from any and all claims, demands, rights, promises, damages and liabilities arising out of or in connection with the use or distribution of said photographs and/or video recordings, including but not limited to any claims for invasion of privacy, appropriation of likeness or defamation.
The User hereby warrants that they are eighteen (18) years old or more and competent to contract in their own name or, if the User is less than eighteen years old, that their parent or guardian will acknowledge on their behalf. This release is binding on signee and their heirs, assigns and personal representatives.
POLICY CHANGES The rules and policies of AWL may change from time to time. Please refer to the Policy webpage for up-to-date policies and pages. Click Here to view current policies and procedures.
REPAIRS AND MAINTENANCE AWL shall maintain the Co-Working Space in good repair and working order. If the User notices any problems requiring repair, please notify AWL and it shall be remedied promptly.
LIABILITY The User hereby waives and hold harmless AWL, its members, officers, directors, shareholders, contractors and employees (the “Releasees”) from any claims, liability, actions, or suits with respect to any damages, injuries or losses the User suffers to their person or property, whatsoever, including as a result of negligence or gross negligence on the part of the Releasees, including but not limited to any direct, special, incidental, indirect, punitive, consequential or other damages whatsoever (including, but not limited to, damages for lost 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 loss) arising out of or in any way related to AWL’s services or otherwise. The User agrees to maintain general insurance in an amount of Two Million and no/100 Dollars ($2,000,000) for bodily injury coverage and Five Hundred Thousand and no/100 Dollars ($500,000) for property damage. The User hereby release, acquit and forever discharge AWL, its current and former employees, agents, officers and employees of the above-named entities from any and all claims, demands, rights, promises, damages and liabilities arising out of or in connection with the use of the facility. The User agrees that they will be financially responsible for any damages to the building and equipment that results during their use of the Space.
LIMITATION OF LIABILITY AND REMEDIES Notwithstanding any damages that the User might incur for any reason whatsoever (including, without limitation, all damages referenced above and all direct or general damages), the entire liability of AWL 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 agreement and the Member’s exclusive remedy for all of the foregoing shall be limited to actual damages incurred by the Member based on reasonable reliance up to their membership. The foregoing limitations, exclusions and disclaimers, including the previous sections) shall apply to the maximum extent permitted by applicable law, even if any remedy fails its essential purpose.
EXCLUSION OF INCIDENTAL, CONSEQUENTIAL AND CERTAIN OTHER DAMAGES To the maximum extent permitted by the applicable law, in no event shall AWL 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 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 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 and even if AWL has been advised of the possibility of such damages.
STUDIO SPACE RENTAL TERMS AND AGREEMENTS The User will have the ability to use the Space and equipment located therein with prior reservation. The User will be responsible for providing their own memory cards, specialized equipment, camera gear.
The User will not steal or damage any equipment or the facility, in any way. If the User damages any equipment, furniture, or parts of the building interior, they must notify AWL immediately. Before the User moves any furniture into or out of the studio, please notify an AWL staff member. The User will return the Space exactly as they received it. A Housekeeping fee (no less than $25) will be charged if any items need to be returned to their place if the User fails to do so. AWL also asks that the User cleans up any mess they make during their time in the Space.
AWL agrees to permit use of the Space and rented equipment located therein including, but not limited to, lighting equipment, props to the User and only them. AWL does not provide any technical support, education or training as part of this agreement. Grant access to the space(s) on the time/date as it pertains to the User's reservation. If for some reason the space is unusable on that time/date, AWL will refund the User payment in full.
INTERNET USE AWL assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to or alteration of User communications. AWL is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of email or players on account of technical problems or traffic congestion on the Internet or at any website or combination thereof. AWL is not responsible for any injury or damage to any computer equipment belonging to any user of the Website, any User or any other person related to or resulting from use of the Website, viewing, playing or downloading any materials on or from the Website. The Website is provided “AS IS” and, except as otherwise prohibited by applicable law, AWL expressly disclaim any warranty of any kind, including but not limited to warranties of merchantability, fitness for a particular purpose and non-infringement. AWL cannot guarantee and do not promise any specific results from use of the space, membership or website. No advice or information, whether oral or written, obtained by the User from AWL or from or through the website shall create any warranty not expressly stated herein.
OTHER DISCLAIMERS AWL is not responsible for any incorrect or inaccurate user content or any other third party content submitted to the website or any other communication vehicles, whether made or caused by Users, Members, potential employers, corporate partners or by any of the software, equipment or programming associated with or utilized in the operation of the site. All terms of this agreement shall be executed in good faith. If any part of this Agreement shall be determined to be invalid or unenforceable by a court of competent jurisdiction or by any other legally constituted body having jurisdiction to make such determination, the remainder of this agreement shall remain in full force and effect. This Agreement contains the entire understanding of the parties hereto relating to the subject matter and supersedes all other communications and proposals (whether oral, written, or electronic) between the User and AWL. The failure of either the User or AWL to assert any right or provision under this agreement shall not constitute a waiver of any kind. AWL has the right to assign, transfer, or delegate any of its rights or obligations under this Agreement without the Member’s consent. This Agreement and each party’s obligations shall be binding on the representatives, assigns and successors of such party. Each party has signed this Agreement through its authorized representative.
PROVISIONS If any provision of this Agreement shall be held to be invalid or unenforceable for any reason, the remaining provisions shall continue to be valid and enforceable.
SEVER-ABILITY 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.
By clicking (checking) the Terms and Conditions Agreement Box on this website indicates the User is agreeing to and IN WITNESS WHEREOF the parties have executed this Agreement AWL as of the date they agree to this Agreement.