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Legal Agreement: Terms of Service
Rowan Tree, LLC (“Rowan Tree”) offers a shared, community-driven workspace for location-independent workers. It exists because of and for its coworking members. A coworking member is not just a customer of Rowan Tree; a coworking member is an active part of what Rowan Tree is and does for its coworking members and for others. We strive to create an environment where our coworking members can work, connect, be well + create – and our coworking members are the ones who will help cultivate it.
3. Prohibited Uses of Services. You agree that when participating in or using the Services, you will not:
- Use the Services in connection with contests, pyramid schemes, chain letters, junk email, spamming or any duplicative or unsolicited message (commercial or otherwise);
- Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others;
- Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, obscene, indecent or unlawful topic, name, material or information on or through the Services;
- Upload, or otherwise make available, files that contain images, photographs, software or other material protected by intellectual property laws, including, by way of example, and not as limitation, copyright or trademark laws (or by rights of privacy or publicity) unless you own or control the rights thereto or have received all necessary consents to do the same;
- Use any material or information, including images or photographs, which are made available through the Services in any manner that infringes any copyright, trademark, patent, trade secret, or other proprietary right of any party;
- Upload files that contain viruses, Trojan Horses, worms, time bombs, cancelbots, corrupted files, or any other similar software or programs that may damage the operation of another’s computer or property of another;
- Download any file(s) that you know, or reasonably should have known, cannot be legally reproduced, displayed, performed, and/or distributed in such manner;
- Restrict or inhibit any other Member or other user of the Services from using and enjoying the Services;
- Violate any code of conduct or other guidelines which may be applicable for any particular Service, including the Building Rules for Rowan Tree’s offices at 280 Sunset Park Drive, Herndon, Virginia 20170 (“Rowan Tree’s Offices”);
- Harvest or otherwise collect information about others, including email addresses, without the authorization or consent of the disclosing party;
- Sell or rent another Member’s or other user of the Services’s personal information to third parties without the Member’s or other user’s explicit consent.
- Violate any applicable laws or regulations; and
- Create a false identity for the purpose of misleading others.
4. Reservation of Rights. Rowan Tree reserves the right at all times to disclose any information about you, your participation in and use of the Services as Rowan Tree deems necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in Rowan Tree’s sole discretion.
- You acknowledge and agree that during your participation in and use of the Services you may be exposed to Confidential Information. “Confidential Information” includes all information, in whole or in part, that is disclosed by Rowan Tree, or Member or other user of the Services or any employee, affiliate, or agent thereof, which is nonpublic, confidential or proprietary in nature. Confidential Information also includes, without limitation, information about business, sales, operations, know-how, trade secrets, technology, products, employees, customers, marketing plans, financial information, services, business affairs, any knowledge gained through examination or observation of or access to the facilities, computer systems and/or books and records of Rowan Tree or any Member or other user of the Services or any employee, affiliate, or agent thereof, any analyses, compilations, studies or other documents prepared by Rowan Tree or any Member or other user of the Services or any employee, affiliate, or agent thereof or otherwise derived in any manner from the Confidential Information and any information that you are obligated to keep confidential or know or have reason to know should be treated as confidential.
- Your participation in and/or use of the Services obligates you to
- maintain all Confidential Information in strict confidence;
- not disclose Confidential Information to any third parties;
- not use the Confidential Information in any way directly or indirectly detrimental to Rowan Tree, or any Member or other user of the Services.
- give Rowan Tree prompt written notice of any judicial request or government order to disclose any Confidential Information and provide information to be disclosed as far in advance of its disclosure as is practicable in order to permit Rowan Tree to seek a protective or similar order with respect to such information.
- This Section 5 shall survive the termination of this Agreement.
6. Participation In or Use of Services. You acknowledge that you are participating in or using the Services at your own free will and decision. You acknowledge that Rowan Tree does not have any liability with respect to your access, participation in, use of the Services, or any loss of information resulting from such participation or use.
7. Disclaimer of Warranties. To the maximum extent permitted by applicable law, Rowan Tree provides the Services “as is” and with all faults, and hereby disclaims with respect to the Services all warranties and conditions, whether express, implied or statutory, including, but not limited to, any warranties, duties or conditions of or related to: merchantability, fitness for a particular purpose, lack of viruses, worms, or other malware, accuracy or completeness of responses, results, workmanlike effort, lack of negligence, title, quiet enjoyment, quiet possession, correspondence to description or non-infringement. Rowan Tree further disclaims any and all responsibility regarding the quality, or arising out of participation in or use of the Services.
8. Exclusion of Incidental, Consequential and Certain Other Damages. To the maximum extent permitted by applicable law, in no event shall Rowan Tree or its owner-members, officers or agents 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 of Rowan Tree, and even if Rowan Tree has been advised of the possibility of such damages.
9. Limitation of Liability and Remedies. Notwithstanding any damages that you might incur for any reason whatsoever (including, without limitation, all damages referenced above and all direct, indirect, general damages, or damages caused by other coworking members or other users of the Services or their content, actions or inactions), the entire liability of Rowan Tree and its owner-members, officers and agents under any provision of this Agreement and/or your use of the Services, and your exclusive remedy for all of the foregoing, shall be limited to actual damages incurred by you based on reasonable reliance up to one hundred dollars (USD $100.00). The foregoing limitations, exclusions and disclaimers (including sections 7 and 8 above) shall apply to the maximum extent permitted by applicable law, even if any remedy fails its essential purpose.
10. Term and Termination.
- Notwithstanding the provisions of bullet one of this Section 10, you have the right to terminate this Agreement (i) upon thirty (30) days’ advance written notice in either of the following three events: (x) you are unable to continue working for at least sixty (60) consecutive days due to a medical condition certified by a licensed physician, (y) you are moving your residence to a location more than twenty miles from the Town of Herndon, Virginia, or (z) you were employed at the time you became a coworking member and your employer goes out of business or terminates your employment, or (ii) at the end of any month if you are subscribed to a month-to-month membership plan.
11. Indemnification. You release, and hereby agree to indemnify, defend and save harmless Rowan Tree and its owner-members, officers and agents, jointly and individually, from and against all claims, liabilities, losses, damages, costs, expenses, judgments, fines and penalties based upon or arising out of your negligent actions, errors and omissions, willful misconduct or fraud in connection with your participation in or use of the Services. You further agree in the event that you bring a claim or lawsuit in violation of this Agreement, you shall be liable for any attorneys’ fees and costs incurred by Rowan Tree or its owner-members, officers or agents in connection with the defense of such claim or lawsuit.
Other Provisions of this Agreement
12. 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.
13. Insurance. Rowan Tree will carry General Liability insurance. As a coworking member or other user of the Services, Rowan Tree advises that you consider carrying a Renters Insurance policy to cover your personal property while using our space. That policy may cover your current residence/office, as well as the premises of Rowan Tree.
- This Agreement and the provisions contained herein shall not be construed for or against any party to this Agreement because that party drafted or caused that party’s legal representative to draft any of its provisions. The language used in this Agreement is the language chosen by the parties to express their mutual intent, and no rule of strict construction shall be applied against either party.
- The captions of the sections in this Agreement are used for convenience only and are not to be considered in construing or interpreting any term or provision of this Agreement.
17. Governing Law.
This Agreement shall be governed by and construed in accordance with the laws of the Commonwealth of Virginia, excluding the choice of law rules thereof.
18. Entire Agreement.
This Agreement, including the addenda, schedules and exhibits, if any, attached hereto, constitute the sole and entire agreement of the parties with respect to the subject matter hereof. All such addenda, schedules and exhibits hereto are hereby incorporated herein by reference.
19. Non-Disparagement. You agree not to engage in any conduct or make any statements that disparage, demean, or impugn Rowan Tree, any company or person that owns Rowan Tree or any company that is under common ownership with Rowan Tree or any of their respective owners, directors, officers, employees, consultants, agents or representatives including, without limitation, any statements impugning Rowan Tree’s or any such other company’s financial results, financial controls, accounting, business services or the personal or professional character of any such owner, director, officer, employee, consultant, agent or representative. This Section 19 shall survive the termination of this Agreement.
20. Notices. Any notice, request, demand, or other communication required or permitted hereunder must be in writing and will be deemed to have been given (a) if personally delivered to you or to Rowan Tree, upon receipt, (b) if sent by electronic mail (“Email”) to your member Email address or to Rowan Tree’s Email address (email@example.com and firstname.lastname@example.org), upon receipt in the recipient’s Email address inbox. All notices to a party shall be sent as provided in this Section 20 or to such other address(es) or person(s) as either party may designate by notice to the other party in accordance with this Section 20.
Any notice given hereunder may be given on behalf of any party by his, her or its counsel or other authorized representatives.
21. Arbitration. Any controversy or claim arising out of, under, or in connection with this Agreement or any breach thereof, shall be settled by arbitration in the County of Fairfax, Commonwealth of Virginia in accordance with the rules, then in effect, of the American Arbitration Association and judgment upon the award of the arbitrators may be entered in the Courts of any state having jurisdiction thereof.
22. Successors and Assigns. If Rowan Tree shall at any time be merged or consolidated into or with any other entity, or all or substantially all of its assets are transferred to another entity, then the provisions of this Agreement shall be binding upon, enforceable against, and inure to the benefit of, the entity resulting from such merger or consolidation or to which such assets shall be or have been transferred, and this provision shall be recurring and shall apply in the event of any and each subsequent merger, consolidation or transfer.
23. Force Majeure. Rowan Tree will be excused from the performance of this Agreement in whole or in part if (a) such performance is prevented by operation of law or Act of God, national, state or local emergency, war, or labor dispute; or (b) any portion of Rowan Tree’s facility or facilities shall be destroyed or damaged by fire or other calamity so as to prevent its or their use in the manner contemplated by this Agreement. The provisions of Section 8 of this Agreement shall apply in the event Rowan Tree is excused from performance pursuant to this paragraph.
Addendum No. 1 to Coworking Membership Agreement: Coworking Membership Payment Terms
Coworking membership will commence on the date according to your member sign-up form.
Rowan Tree reserves the right to change the amount of the monthly charge (i) for members with annual commitments effective as of the first day of any annual renewal period and (ii) for month-to month members effective as of the first day of any month.
All monthly coworking membership payments are due on the first business day of each month.
Rowan Tree reserves the right to charge late fees and/or withhold services if payments are not received on time per Rowan Tree’s Rules and Regulations..
Coworking members may pay via credit card or ACH at members.workrowan.com, or by personal check. Credit card numbers provided to Rowan Tree will be maintained on the Rowan Tree coworking membership portal to facilitate monthly payments.
Addendum No. 2 to Coworking Membership Agreement: Agreement of Release and Waiver of Liability/Physical Activities
I understand that participation in yoga and other physical activities provided, sponsored or promoted by Rowan Tree, LLC at its facilities or elsewhere, which may involve the use of services, equipment or premises (collectively referred to in this Agreement as “Rowan Tree Physical Activities”), may result in physical injury to myself, other coworking members, other users of the Services and/or other persons and may also result in damage to my property or the property of others.
I understand that there are risks inherent in all physical activities, including risks of heart attack, stroke, and minor and serious personal injury and that these risks could be exacerbated by certain medical conditions that may carry additional health concerns (such as prior injuries, heart conditions, pregnancy and prior surgeries). I understand that it is my responsibility to consult with a physician prior to participating in Rowan Tree Physical Activities. I represent and warrant that I am in good physical health, that I am able to undertake and fully participate in Rowan Tree Physical Activities, and that I have not been advised by any qualified medical professional to avoid participation in any physical activity or that there are any health-related reasons precluding my participation in Rowan Tree Physical Activities. I fully understand that instructors and staff of Rowan Tree Physical Activities are not medically trained and, therefore, acknowledge that the information and instruction I receive is limited to the specific physical activities and routines associated with Rowan Tree Physical Activities. I understand that it is my responsibility to update this waiver with regard to any health condition changes that I experience in the future.
I agree to assume full responsibility for any risks, injuries or damages, known or unknown, which I might incur as a result of my participation in Rowan Tree Physical Activities. In further consideration of my being allowed to participate in Rowan Tree Physical Activities, I knowingly, voluntarily and expressly waive any claim I may have against Rowan Tree for injury or damages that I may sustain as a result of participation or as a result of my negligence in participation in Rowan Tree Physical Activities.
For good and valuable consideration, which I hereby acknowledge, of my being allowed to participate in Rowan Tree Physical Activities, I, on my own behalf and on behalf of any of my dependents that I may have accompany me to any Rowan Tree Physical Activities, and/or our respective legal representatives hereby forever release and waive the right to any legal action against, and to indemnify, defend and save harmless Rowan Tree and its owner-members, all sponsors, venue and property management suppliers, vendors, and other personnel and volunteers involved in or providing services to or at Rowan Tree Physical Activities, and their respective directors, officers and agents (collectively, the "Released Parties"), jointly and individually, from and against all claims, actions, suits, liabilities, losses, damages, costs, expenses (including attorney’s fees and disbursements), judgments, fines and penalties (collectively referred to in this agreement as “Released Claims”) based upon or arising out of or in any way connected with my or my dependents’ participation in Rowan Tree Physical Activities, including, without limitation, any Claims associated with personal injury, property damage or theft that I or my dependents may incur, whether caused intentionally or unintentionally and whether or not attributable to negligence on the part of Rowan Tree, any other Released Party or another person.
I further agree in the event that I or any of my dependents bring a claim or lawsuit in violation of this Agreement, I will be liable for any attorneys’ fees and costs incurred by Rowan Tree or any other Released Party in connection with the defense of such claim or lawsuit.
I further agree that Rowan Tree is not responsible for any items lost, stolen or destroyed at any time before, during or after any Rowan Tree Physical Activities.
I am not relying on any oral, written, or visual representations or statements made by Rowan Tree to induce me to participate in Rowan Tree Physical Activities.
I represent and warrant that I am authorized and have full authority to make this waiver on behalf of all of my dependent and that I am fully responsible for all of my dependents for the duration of any visit to Rowan Tree’s offices and the duration of any Rowan Tree Physical Activities and that I must accompany and supervise them at all times.
I hereby acknowledge that I have read and fully understand all of the terms and conditions contained in this release and waiver of liability addendum and voluntarily agree to the terms and conditions stated above in consideration of Rowan Tree allowing me to participate in Rowan Tree Physical Activities.
Addendum No. 3 to Coworking Membership Agreement: Agreement of Release and Waiver of Liability/Communications Services and Equipment
I understand that Rowan Tree, LLC does not have any control over the providers of the Internet, telephone, or other communications services provided at its facilities (“Comms Services”), or over the IP phones, IP Softphones, Analog Telephone Adapters and other IP connection equipment and devices furnished to coworking members to take advantage of the Comms Services (“Devices”), all of which are provided by third parties.
I understand and acknowledge that Rowan Tree relies on third parties to assist in routing 911 calls to local emergency response centers and to a national emergency calling center and that neither Rowan Tree nor any provider of the Comms Services (a “Provider”), nor or any other third party that provides the information or communications facilities or services underlying all or part of the Comms Services (a “Carrier”) has any control over whether, or the manner in which, calls using Rowan Tree’s 911 Dialing service are answered or addressed by any national or local emergency response center. Accordingly, Rowan Tree disclaims all responsibility for the conduct of local emergency response centers and the national emergency calling center and disclaims any and all liability or responsibility in the event any calls are routed incorrectly or yield an erroneous result. Neither Rowan Tree, a Provider, a Carrier, nor their respective officers, employees or agents may be held liable for any claim, damage, or loss, and I hereby waive any and all such claims or causes of action, arising from or relating to the 911 Dialing service.
Limitation of Liability
Neither Rowan Tree, a Provider, nor a Carrier will be liable for any delay or failure to provide the Comms Services, including 911 Dialing, at any time or from time to time, or any interruption or degradation of voice quality, including but not limited to any delay, failure, interruption or degradation of Comms Services that arises from or is related to any of the following:
- an act or omission of a Carrier, a Provider, or any other third party;
- equipment, network or facility failure;
- equipment, network or facility upgrade or modification;
- force majeure events such as (but not limited to) acts of God, acts of nature, strikes, fire, war, riot, acts of terrorism and government actions;
- equipment, network or facility shortage;
- equipment or facility relocation;
- Comms Services, equipment, network or facility failure caused by the loss of power;
- outage of, or blocking of ports by, a Provider or other impediment to usage of the Comms Services caused by any third party;
- any act or omission by me or any other person using the Comms Services or Devices furnished by Rowan Tree; or
any other cause that is beyond Rowan Tree’s control, including, without limitation, a failure of or defect in any Device, the failure of an incoming or outgoing communication, the inability of communications (including, without limitation, 911 Dialing) to be connected or completed, or forwarded. Notwithstanding anything to the contrary in this Agreement, Rowan Tree’s aggregate liability under this Addendum shall not exceed the actual amount received by Rowan Tree on my account during the calendar month in which act, event or occurrence giving rise to such liability occurred. I acknowledge and agree that, but for such limitation of liability, Rowan Tree would not permit me to enter into a Coworking Membership Agreement and I would not benefit from a membership or the pricing of my membership.
Disclaimer of Liability for Damages
NOTWITHSTANDING ANYTHING TO THE CONTRARY IN MY COWORKING MEMBERSHIP AGREEMENT, IN NO EVENT WILL ROWAN TREE, A PROVIDER, A CARRIER, OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES OR AGENTS BE LIABLE FOR ANY DIRECT, INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE, EXEMPLARY, COMPENSATORY, OR CONSEQUENTIAL DAMAGES, OR FOR ANY OTHER DAMAGES, INCLUDING BUT NOT LIMITED TO PERSONAL INJURY, WRONGFUL DEATH, PROPERTY DAMAGE, LOSS OF DATA, LOSS OF REVENUE OR PROFITS, OR DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE USE OR INABILITY TO USE THE COMMS SERVICES, INCLUDING INABILITY TO ACCESS EMERGENCY SERVICE PERSONNEL THROUGH THE 911 DIALING SERVICE OR TO OBTAIN EMERGENCY HELP. THE LIMITATIONS SET FORTH HEREIN APPLY TO CLAIMS FOUNDED IN BREACH OF CONTRACT, BREACH OF WARRANTY, PRODUCT LIABILITY, TORT AND ANY AND ALL OTHER THEORIES OF LIABILITY AND APPLY WHETHER OR NOT ROWAN TREE WAS INFORMED OF THE LIKELIHOOD OF ANY PARTICULAR TYPE OF DAMAGES.
No Warranties on Comms Services or Devices
NEITHER ROWAN TREE, ANY PROVIDER, NOR ANY CARRIER MAKES ANY WARRANTIES, EXPRESS OR IMPLIED THAT THE COMMS SERVICES OR DEVICES WILL MEET MEMBERS' REQUIREMENTS. WITHOUT LIMITING THE FOREGOING, THERE IS NO WARRANTY THAT THE COMMS SERVICES OR DEVICES WILL BE WITHOUT FAILURE, DELAY, INTERRUPTION, ERROR, DEGRADATION OF VOICE QUALITY, OR LOSS OF CONTENT, DATA OR INFORMATION. NEITHER ROWAN TREE, ANY PROVIDER, ANY CARRIER, NOR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES OR AGENTS, WILL BE LIABLE FOR UNAUTHORIZED ACCESS TO COMMS SERVICES TRANSMISSION FACILITIES OR EQUIPMENT OR FOR UNAUTHORIZED ACCESS TO, OR ALTERATION, THEFT OR DESTRUCTION OF, MY DATA FILES, PROGRAMS, PROCEDURES OR INFORMATION THROUGH ACCIDENT, FRAUDULENT MEANS OR DEVICES OR ANY OTHER METHOD, REGARDLESS OF WHETHER SUCH DAMAGE OCCURS AS A RESULT OF ROWAN TREE’S, A PROVIDER'S, A CARRIER’S OR OTHER THIRD PARTY’S NEGLIGENCE. STATEMENTS AND DESCRIPTIONS CONCERNING THE COMMS SERVICES OR DEVICES, IF ANY, BY ROWAN TREE, A PROVIDER, A CARRIER OR THEIR RESPECTIVE AGENTS OR INSTALLERS, ARE INFORMATIONAL AND ARE NOT GIVEN AS A WARRANTY OF ANY KIND.
Indemnification/Release of Liability
For good and valuable consideration, which I hereby acknowledge, of my being allowed to become a Rowan Tree coworking member, I, on my own behalf and on behalf of my legal representatives hereby forever release and waive the right to any legal action against, and to indemnify, defend and save harmless Rowan Tree and its owner-members, all Providers, and all Carriers, and their respective directors, officers and agents (collectively, the "Released Parties"), jointly and individually, from and against all claims, actions, litigation, proceedings, suits, liabilities, losses, damages, costs, expenses (including attorney’s fees and disbursements), judgments, fines and penalties (collectively referred to in this agreement as “Released Claims”) based upon or arising out of the conduct of local emergency response centers or the national emergency calling center; the failure of an incoming or outgoing communication; the inability of communications (including, without limitation, 911 dialing) to be properly connected, completed, or forwarded; any delay or failure to provide the Comms Services, including 911 dialing, at any time or from time to time; any inability to use the Comms Services (including inability to access emergency service personnel through the 911 dialing service or to obtain emergency help); any failure, delay, interruption, error, degradation of voice quality, or loss of content, data or information; any items lost or delayed in transit, whether such transit is electronic, fax, mail or otherwise; any unauthorized use by others of the Comms Services or any Device; or any other cause that is beyond Rowan Tree’s control, including, without limitation, a failure of or defect in any Device; including, without limitation, any claims associated with personal injury, property damage or theft that I may incur, whether caused intentionally or unintentionally and whether or not attributable to negligence on the part of Rowan Tree, any other Released Party or another person. No Released Party will be held liable for any incidental, consequential or indirect damages, including without limitation damages for loss of profits, business interruption, loss of information, plagiarism, etc., or for typographical omissions or errors.
I hereby acknowledge that I have read and fully understand all of the terms and conditions contained in this release and waiver of liability addendum and voluntarily agree to the terms and conditions stated above in consideration of Rowan Tree allowing me to be a coworking member.
Addendum No. 4 to Coworking Membership Agreement: Publicity Release
I understand that Rowan Tree, LLC may take photographs and make recordings of activities at Rowan Tree’s offices in Herndon, Virginia, and at other activities provided, sponsored or promoted by Rowan Tree elsewhere (“Other Events”).
By becoming a Rowan Tree coworking member and by participating in activities provided, sponsored or promoted by Rowan Tree, I, on my own behalf and on behalf of any of my dependents that I may have accompany me to Rowan Tree’s offices or any Other Event, grant permission to Rowan Tree (and its designees and agents) to utilize my and their image, likeness, actions and statements in any live or recorded audio, video, film or photographic display or other transmission, exhibition, publication or reproduction made of, or at, Rowan Tree’s offices or any Other Event in any medium, whether now known or hereinafter created, or context for any purpose, including educational or promotional purposes, without further authorization or compensation.
I represent and warrant that I am authorized and have full authority to make this waiver on behalf of all of my dependents.
I hereby acknowledge that I have read and fully understand all of the terms and conditions contained in this addendum release and voluntarily agree thereto in consideration of Rowan Tree allowing me to be a Rowan Tree coworking member and/or my participation in Other Events.
Addendum No. 5 to Coworking Membership Agreement: COVID-19
I understand that Rowan Tree, LLC (“Rowan Tree”) is not a guarantor of health and safety. While Rowan Tree strives to comply with applicable guidelines in re-opening its facility at 280 Sunset Park Drive, Herndon, Virginia 20170 (the “Facility”) and/or sponsoring or promoting activities at the Facility and elsewhere (“Events”) while the COVID-19 pandemic continues to affect us all, it is ultimately up to each individual to observe proper social distancing and all such guidelines. As such, USE OF THE FACILITY AND ATTENDANCE AT EVENTS IS AT MY OWN RISK.
For good and valuable consideration, which I hereby acknowledge, of being allowed to use the Facility and/or attend Events, for myself and on behalf of my family members, and my, heirs, executors, administrators and assigns (collectively referred to herein as “My Family”):
- I hereby forever release and covenant not to sue Rowan Tree, its owner-members, coworking members, vendors, and other personnel and volunteers involved in or providing services to the Facility or any Event, and their respective directors, officers, employees, and agents (collectively referred to herein as the “Released Parties”) from any and all, costs, expenses, losses, liabilities, claims, demands, actions, and causes of action whatsoever (collectively referred to herein as “Claims”), directly or indirectly arising out of or related to any illness, including death, that I and/or my family members may suffer related to exposure to the virus that causes COVID-19, whether caused by the negligence of the Released Parties or in any other way; and
- I hereby indemnify, defend and save harmless Rowan Tree and the other Released Parties, jointly and individually, from and against all Claims (including attorney’s fees and disbursements), judgments, fines, penalties, and amounts paid in settlement of any Claims, arising either directly or indirectly from or related to any (i) illness, including death, that I may suffer or that I may cause in any other person, whether by exposure to the virus that causes COVID-19 and (ii) false or inaccurate information that I may provide to Rowan Tree on any COVID-19-related certification form.
I represent and warrant that I understand this Addendum No. 5, that I am not relying on any oral, written, or visual representations or inducements to agree, and that I agree voluntarily. I agree that this Addendum No. 5 shall be governed by and construed in accordance with Virginia law, excluding its choice of law rules, and that, if any of the provisions of this Addendum No. 5 are found to be invalid, illegal or unenforceable, in whole or in part, for any reason, the remaining provisions of this Addendum No. 5 shall be unaffected thereby and the unenforceable provision(s) shall be deemed modiﬁed to the minimum extent required to permit enforcement of this Agreement as a whole.
Addendum No. 6 to Coworking Membership Agreement: Self-Certification
I understand that my attendance at Rowan Tree LLC’s coworking facility at 280 Sunset Park Drive, Herndon, Virginia 20170 (the “Facility”) or participation in or at any activity provided, sponsored or promoted by Rowan Tree, LLC at that facility or elsewhere (an “Event”) may expose me and others to the SARS-CoV-2 virus that causes COVID-19, and/or bacteria and other microbes, and that such exposure could lead to serious illness, even death, to myself and to others. Accordingly, Rowan Tree is asking everyone desiring to attend the Facility or any Event to provide the following information as a pre-condition to each such attendance.
I hereby certify that my responses to the following questions are true and correct to the best of my knowledge:
- I have not been diagnosed with COVID-19. If “Yes” I have been symptom free for more than 14 days and re-tested negative.
- Within the last 21 days have I not:
- Been on an airplane, boat, ship, train, coach or bus
- Traveled anywhere other than in my own car
- Been in contact with someone who had COVID-19 at the time or within 21 days after contact. If “Yes,” it has been more than 14 days since contact was made.
- Have not been notified that I may have been exposed to COVID-19. If “Yes”, it has been more than 14 days since contact was made.
- I am not experiencing any of the following symptoms
- Fever of 100.5° F (38° C) or above
- Chills or sweating
- Difficulty breathing
- Shortness of breath
- Sore throat
- Muscle ache
- Loss of taste or smell
- Swollen and/or discolored toes