Member Terms & Conditions
The following definitions, unless the context demands otherwise, shall be used throughout this Agreement:
- Agreement means this document, the Membership Form and any other Recitals, Schedules and Attachments;
- Authorised Representative means the person nominated by each party on the Membership Form to act as its principal liaison person for the purposes of this Agreement;
- Business Hours means the hours between 8:00am and 6:00pm, Monday to Friday;
- The Co.Lab means the premises available to Members at 125 Murray Street, Perth WA 6000 and BlueSky Co.Lab, a registered business name owned by BlueSky Co.Lab Pty Ltd ("we", "us" or "our");
- Commencement Date means the date of this agreement as stated on the Membership Form;
- Co-Working Space means a shared workspace including hot-desks, meeting rooms, media facilities, event spaces, informal seating areas and any other communal space;
- Force Majeure means an event beyond the control of either Party that prevents that Party from performing its obligations under this Contract on time or at all, including but not limited to, acts of God, lightning, earthquake, fire, storm, flood, pandemic, plague, war, blockage, rebellion, revolution, riot, invasion, act of foreign enemies insurrection, sabotage, civil war, act of terrorism, civil commotion or other hostilities or the threat or apprehension thereof, sanctions, political disturbances, governmental or governmental agency restraint, expropriation, prohibition, intervention, direction or embargo;
- Member means a Company and/or Individual that holds a membership with The Co.Lab;
- Member Services Guide means a comprehensive document outlining the various Services available to Members through each Membership Type;
- Membership means a Membership held by a Member entitling the Company or Individual to use and access The Co.Lab Facility stipulated on the Membership Form and under the conditions defined by their Membership Type;
- Membership Agreement means the terms and conditions which govern the Membership, including the Membership Form which forms part of the terms and conditions;
- Membership Fees means the amount stated on the Membership Form under Regular Payment;
- Membership Form means the form completed by the Member to apply for a Membership;
- Membership Type means the attributes of the Membership including the Services available, Membership Fees, Payment Terms and Expiration of this Agreement;
- Month-to-Month Basis means a period that does not have an expiration date and thus runs for an indefinite time;
- Non-Member means any person that is not a Member.
- Parties means each of BlueSky Co.Lab Pty Ltd and the Company and/or Individual listed on the Membership Form and "Party" means either one of them as the context requires;
- Policies means any BlueSky Co.Lab Policy in existence and that may come into existence from time to time;
- Swipe Card means the RFID card issued to the Member to access The Co.Lab;
- Services means the services made available to the Member as outlined in the Members Services Guide;
- Term means the initial term as stated on the Membership Form;
- CO-WORKING SPACE
Under this Agreement, the Co.Lab agrees to offer the premises located at 125 Murray Street, Perth, WA 6000 to the Member for co-working use and, if defined by the Member Services Guide, exclusive access to a defined area within The Co.Lab.
This Agreement shall commence from the Commencement Date specified on the Membership Form and remain in place until the expiration of the Term specified on the Membership Form. After the expiration of the Term, this Agreement shall remain in place on a Month-to-Month Basis until either of the Parties gives written notice of at least 30 days from the next payment date.
The Co.Lab grants the Member, in common with other members, the privilege to access and use The Co.Lab. In addition to this, the Member shall be provided with the Services as defined by the Membership Type in the Member Services Guide. All Members, irrespective of Membership Type, shall be provided with the following Services:
- Coffee and Refreshments - The Member shall have access and be able to consume an unlimited amount of coffee and other refreshments as designated by the Co.Lab. Availability may change from time-to-time;
- Directory - The Co.Lab shall allow the Member to display their personal and/or business name on any available online or other published material describing the Premises;
- Internet Access - The Co.Lab shall provide premium internet access to the Member by supplying a Wi-Fi Username and Password following the execution of this Agreement;
- Co-Working Space - Use of any of the workstations, meeting areas, or call areas located within The Co.Lab providing it falls within the available Member Services or is booked and paid for by the Member.
- ACCESS AND CONDITIONS OF ENTRY
The Co.Lab agrees to provide the Member with a Swipe Card and grants full access to The Co.Lab during Business Hours providing the Member understands to the following;
- the Member uses their own Swipe Card to enter and exit The Co.Lab;
- the Member does not offer their own Swipe Card to other Members and/or Non-Members in order to give them access to The Co.Lab and associated facilities, except in the event of an emergency;
- lost or stolen cards must be reported to The Co.Lab as soon as possible. Replacement card/s will be issued at the Member's expense; and
- misuse of the Swipe Card may result in the suspension or termination of this Agreement;
Outside of Business Hours, the Member agrees to:
- keep their noise level to a minimum so as not to interfere with or annoy the other Members in The Co.Lab
- not grant access to Non-Members outside of Business Hours without written consent from the Co.Lab.
- SECURITY DEPOSIT
If noted on the Membership Form, the Member, as part of this Agreement and separate from the first regular payment to the Co.Lab, shall be required to pay a Security Deposit by no later than 30 days from the date of this Agreement. The Security Deposit shall be held by the Co.Lab until this Agreement is terminated.
- MEMBERSHIP FEES
The Co.Lab agrees to honour and uphold the terms and conditions of this Agreement in exchange for payment of the Membership Fees stipulated on the Membership Form by the Member.
- LATE PAYMENT FEES
If any Membership Fees due by the Member to The Co.Lab are not made within the specified Payment Terms, The Co.Lab may take action by way of any of the following;
- Charge a late fee in the amount of five (5) percent of the regular payment;
- Suspend Member Services until any overdue Membership Fees are paid;
- Terminate this Agreement;
Pets are not allowed on the Premises at any time during the term of this Agreement except for those legally allowed under State law for individuals with disabilities.
- OPERATING STANDARDS
In accordance with this Agreement, the Member agrees to the following conditions, as well as any reasonable rules, regulations and Polices that may be introduced from time to time to promote a good co-working environment amongst the Members:
- No individual or business may conduct any activity within The Co.Lab that, in the sole judgment of the Co.Lab, create excessive traffic or be inappropriate to the other Members' co-working experience;
- No individual or business may advertise or have identifying signs or notices that are inscribed, painted, or affixed on any part of the Premises without the express written consent of the Co.Lab;
- All Members of the Premises shall keep clean any common areas after use. This includes, but is not limited to, conference rooms, call areas, coffee and kitchen areas, visual equipment, and any other space that may be used by another Member;
- All Members are prohibited from smoking in any area of the Premises; and
- All Members are to operate in a way that is courteous with all other individuals.
The Co.Lab shall not be liable for any interruption or error in the performance of the services offered under this Agreement. The Member waives all liability against the Co.Lab for any claims arising from such disruption of services, specifically, any telecommunication utilities on the premises. Furthermore, any loss, damage, expense, or injuries to persons or the Member's property arising out of mistakes, omissions, interruptions, delays, errors, or defects in any transmission occurring in the course of furnishing telecommunications services provided are not caused by the wilful acts of the Co.Lab, as well as any claim for business interruption and for consequential damage. Both Parties hereby agree to defend, indemnify and hold harmless from and against any and all claims, damages, injury, loss and expenses to or of any portion or property resulting from the acts or negligence of their agents, employees, invitees, and/or licensees while on the Premises.
The Member shall be considered in default if they should violate any portion of this Agreement. If the Member is found to be in violation of this Agreement, the Co.Lab shall give notice that the violation must be corrected within forty-eight (48) hours or else this Agreement shall be terminated immediately.
All notices to be given by one party to another under this Agreement, shall be made in writing, by an Authorised Representative, and shall be sent by email to the nominated email address of the recipient as stated on the Membership Form. Any notice given to a party in according with Clause 13. Shall be deemed as having been duly given and received.
- TIME IS OF THE ESSENCE
Time is of the essence as to the performance by the Member and all covenants, terms and provisions of this Agreement.
If any provision of this Agreement or the application thereof shall, for any reason and to any extent, be invalid or unenforceable, neither the remainder of this Agreement nor the application of the provision to other persons, entities or circumstances shall be affected thereby, but instead shall be enforced to the maximum extent permitted by law.
The Co.Lab shall not be liable for any damage or injury to the Member, or any other person, or to any property, occurring within The Co.Lab, or any part thereof, or in common areas thereof, and the Member agrees to hold The Co.Lab harmless from any claims or damages unless caused solely by the Co.Lab's negligence. It is recommended that renter's insurance be purchased at the Member's expense.
- GOVERNING LAW
This Agreement is to be governed under the laws located in the State of Western Australia.
- ENTIRE AGREEMENT
This Agreement contains all the terms agreed to by the parties relating to its subject matter including any attachments or addendums. This Agreement replaces all previous discussions, understandings, and oral agreements. The Co.Lab and Member agree to the terms and conditions and shall be bound until the end of the Lease Term.