Site Rules and Regulations
These rules and regulations apply to Three Whistles Workspace members and their guests for the uses of the space at 5832 Georgia Ave NW DC 20011 and associated parking. As the site is used for other purposes, these rules only apply during Three Whistles operating hours.
Please treat all members, guests, and staff with respect.
Memberships are single person plans and cannot be transferred or shared. Members are allowed to bring in one guest. Member must accompany guest at all times. Please inform your guests of the site rules. Additional guest or guests that repeatedly accompany a member will need to purchase a day pass or a monthly membership.
In order to avoid disrupting other members, do not talk on the phone or do videoconference in the work area. Use the private booths for phone or video calls.
The shared phone booths are to be used for the duration of the calls (max 2 hours). Please do not squat in the booths or use them ad private work stations. **All phone call must be taken in the phone booths and not in the common area. If a booth is not available, consider other Members and speak softly until a booth is available.
The shared conference room is to be used for the duration of the meeting (max 2.5 hours). Please do not use the conference as a work station and occupy the room necessarily. Guest may accompany a member and use guest wifi networks.
Hallways are used for egress and ingress, do not obstruct the hallways at the site for any reason.
No advertisement, identifying signs or other notices may be posted or otherwise affixed by you to any part of the hallways, doors or other public areas of the Site without prior written consent of Three Whistles.
Do not bring deadly weapons to the Site.
Do not install, plug in or operate personal space heaters of any kind within or around the site.
Do not use any equipment or device within the Site that will impair radio or television broadcasting or reception from or in the Site are not permitted.
Do not lock bikes or other personal items to any part of the interior or exterior site
Only use the electrical plugs for ordinary lighting, computer and cellphone charging purposes.
Only trained and registered service dogs/animals are allowed.
Do not remove furniture, fixtures or decorative material from the Site.
Do not use any area of the Site for manufacturing or storage of merchandise.
Do not occupy or permit any area of the Site to be occupied or used for the manufacture, sale, gift or use of liquor, narcotics, tobacco, or firearms in any form.
Canvassing, soliciting and peddling in or at the Site, including the parking lot of the Site are prohibited.
Leaving personal work items at a table is at your risk and Three Whistles will not be liable for any damages, theft or misappropriation of your belongings.
No smoking of any kind is allowed at any time inside the Site or near any of the entrances/exits.
You may not sign up using a fake name. For the security of our members, a government issued ID is required when registering.
Do not use the Site to sell or otherwise distribute services that are in competition with Three Whistles, nor can the Site be used as a retail outlet, barber or beauty shop, employment bureau, school or classroom, or for commercial document reproduction.
Member Agreement
This Member Agreement (“Agreement”) is between Coworking Solutions LLC , a Virginia limited liability company (“Three Whistles/CoworkCafe”), and the undersigned working professional (“Member”)(collectively the “Parties”, or individually a “Party”).
Services. Three Whistles provides its members with community work spaces, phone booths, conference room and common areas in the facility located at 5832 Georgia Ave NW Washington DC 20011 and associated parking (the “Site”). During the term of this Agreement, Three Whistles shall permit Members to make use of the Site subject to the “Site Rules and Regulations” attached hereto and as amended from time to time. 1.1 Member may use the space(s) at the Site as designated by the Three Whistles staff. Use by Member of any non-designated work space(s) is prohibited. Three Whistles retains the right to request that the Member relocate to a different work space at the Site. The right to use the work space at the Site granted pursuant to this Agreement is restricted to professional uses only. All Member equipment (other than computers and monitors) or added furniture must be approved by Three Whistles in writing prior to installation at the Site. 1.2 Member and Member’s guests must adhere to the Site Rules and Regulations. 1.3 Member improvements to the work space are prohibited. Member may not use any hard-wired telecommunications equipment or other wiring not installed by Three Whistles and may not install or modify existing hard-wired telecommunications equipment or other wiring. Member may also not change any locks or add additional locking mechanisms to secure any office space at the Site. 1.4 Upon any termination of this Agreement, Member agrees to vacate the designated workspace and forego further use of the services available at the Site.
Term and Termination. This Agreement shall continue until terminated. Either Party shall have the right to terminate this Agreement at any time. Upon termination all accrued but unpaid fees shall be immediately due and payable.
Fees. Three Whistles may impose a deposit for all memberships in addition to the monthly membership plans for access to the Site, and may be discounted or increased by Three Whistles at any time upon thirty (30) days prior notice (the “Membership Fee”) . The Membership Fee shall be paid in advance of each month and no fraction thereof shall be refunded in the event of termination mid-month. In addition to the Membership Fee, the Member shall pay their associated monthly charges at the conclusion of each month of service for any non-recurring services delivered, such as any unpaid food, or beverage charged to the Member in that month (the “Food and Beverages Charges”) (collectively the “Fees”). The food & beverage charges are payable at the end of the day of service.
Any Fees remaining unpaid for thirty (30) days after payment is due is subject to interest at the rate of 1.0% per month, until the amount owing is paid in full. In the event that collection efforts are required, Member agrees to reimburse Three Whistles the reasonable costs and expenses of collection, including reasonable attorneys’ fees. Member shall be responsible for the payment, or reimbursement to Three Whistles, of any and all charges or taxes with the exception of income and payroll taxes, franchise taxes, and all taxes based on the net income of Three Whistles, which may hereinafter be imposed or levied with respect to products or services delivered by Three Whistles under this Agreement.
Limitation of Liability. THREE WHISTLES'S LIABILITY TO MEMBER UNDER OR RELATING TO THIS AGREEMENT SHALL BE LIMITED TO ACTUAL DAMAGES AND SHALL IN NO EVENT EXCEED THE AMOUNTS PAID BY MEMBER TO THREE WHISTLES, AND IN NO EVENT SHALL THREE WHISTLES BE LIABLE TO MEMBER FOR ANY INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, LOST PROFITS OR GOOD WILL) RELATED TO THIS AGREEMENT AND/OR SERVICES, OR ARISING FROM ANY CAUSE OF ACTION WHATSOEVER, INCLUDING CONTRACT, WARRANTY, TORT, STRICT LIABILITY, INDEMNITY OR NEGLIGENCE, EVEN IF THREE WHISTLES HAS BEEN NOTIFIED OF THE POSSIBILITY OF SUCH DAMAGES. THREE WHISTLES DOES NOT OWN THE PREMISES CONTAINING THE SITE AND DOES NOT INSURE THE SAFETY AND SECURITY OF THE MEMBER AND THE MEMBER’S PROPERTY AT THE SITE. MEMBER HEREBY WAIVES, RELEASES, AND DISCHARGES THREE WHISTLES AND ITS MANAGERS, EMPLOYEES, AGENTS, INDEPENDENT CONTRACTORS AND REPRESENTATIVES FROM ANY AND ALL NEGLIGENCE AND LIABILITY FOR MEMBER’S DEATH, DISABILITY, PERSONAL INJURY, PROPERTY DAMAGES, PROPERTY THEFT OR CLAIMS OF ANY NATURE WHICH MAY HEREAFTER ACCRUE TO MEMBER AND MEMBER’S ESTATE AS A DIRECT OR INDIRECT RESULT OF MEMBER’S PARTICIPATION IN THREE WHISTLES COMMUNITY WORKING ENVIRONMENT.
Indemnification. Each Party will indemnify, defend and hold the other and the other’s managers, employees, agents, independent contractors and representatives harmless from and against any and all costs, liabilities, losses, and expenses (including, but not limited to, reasonable attorneys’ fees) resulting from any claim, suit, action, or proceeding brought by any third party against the other or its managers, employees, agents, independent contractors and representatives alleging any breach of this Agreement or any violation of or failure to comply with applicable laws by the Party against which indemnification is sought.
Indemnification obligations under this Section shall survive the termination of this Agreement.
Warranty. THREE WHISTLES MAKES NO WARRANTIES OTHER THAN AS EXPRESSLY SET FORTH HEREIN, AND AFFIRMATIVELY DISCLAIMS ALL SUCH OTHER WARRANTIES, WHETHER WRITTEN, ORAL OR IMPLIED, INCLUDING WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE NOT SET FORTH ABOVE, AND ANY OTHER WARRANTY WITH RESPECT TO THE SERVICES.
General.
7.1 This Agreement and any attachments hereto represent the entire agreement between THREE WHISTLES and Member and supersede all prior agreements. No variation or alteration of any term of this Agreement shall have effect, unless in writing and signed by the Parties. 7.2 The invalidity or unenforceability of any provisions of this Agreement shall not affect the validity or enforceability of any other provision of this Agreement, which shall remain in full force and effect. 7.3 This Agreement may not be assigned by Member. There are no third party beneficiaries of this Agreement. 7.4 This Agreement shall be construed in accordance with the laws of Commonwealth of Virginia. Any controversy or claim arising out of or relating to this Agreement shall be settled by a single arbitrator in accordance with the Commercial Arbitration Rules of JAMS then in effect, and judgment upon the award may be entered in any court having jurisdiction. Such arbitration will be conducted in Arlington, Virginia. The arbitrator will have no authority to award punitive damages or any other damages not measured by the prevailing Party’s actual damages, and may not, in any event, make any ruling, finding or award that does not conform to the terms, limitations and conditions of this Agreement. 7.5 No failure or delay by either Party in exercising any right, power, or remedy under this Agreement will operate as a waiver of any such right, power or remedy. No waiver of any provision of this Agreement will be effective unless in writing and signed by the Party against whom such waiver is sought to be enforced.
7.6 Each Party has been given the opportunity to independently review this Agreement with legal counsel and other consultants. Accordingly, in the event of an ambiguity in or dispute regarding the interpretation of this Agreement, the drafting of the language of this Agreement shall not be attributed to either Party. 7.7 Any notice required to be given by either Party under this Agreement shall be in writing and sent by certified mail or by email. Such notice will be deemed to have been received two days from the date of mailing or upon receipt of any electronic communication.
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