Spark Commons is rooted in community and creativity. We believe in providing workers with a functional, inspiring environment and an exceptional range of resources and support.
Spark Commons has staff onsite from 9:30 a.m. to 2:30 p.m. Monday through Friday. Staffing hours are subject to change with notice.
Renewal, Termination, Duration
Monthly Co-Working Memberships
Monthly Co-Working Memberships are on a month-to-month basis and renew automatically on or about the first day of your billing cycle. Your billing cycle is based on the date you started your membership. For example, if your membership started on January 10, your billing cycle will end on the 9th of each subsequent month. Your membership dues are charged to the credit/debit card provided to Sparkology LLC at the outset of your membership, or as updated from time to time.
Membership renewals will recur monthly unless and until membership is cancelled. Notice of Cancellations must be given no less than one month in advance.
Co-Worker is responsible for keeping updated credit/debit card information on file with Sparkology LLC. If a charge is rejected for any reason, including that the card is no longer active, and Co-Worker does not provide information for a card sufficient to pay the membership dues within 5 days of notice, Co-Worker will be charged a fee of $25.
Co-Worker membership will be terminated at the end of the next billing cycle upon request of the Co-Worker or non-payment of the monthly membership fee listed in this agreement. If a balance is owed by Co-Worker due to non-payment of fees, Co-Worker will continue to owe the balance to Sparkology LLC. Overdue balances may be turned over to collection services. All costs of collections will be the responsibility of Co-Worker. (The cost of collections is often equal to and can often be greater than the balance due.)
Co-Worker may change membership levels at any time during the month; however, fees already paid will not be refunded and do not carry over to the following month except when multiple-month payments are made in advance.
Refunds
Sparkology LLC has a no-refund policy. Membership dues are earned upon receipt.
However, if Co-Worker pays for multiple months and properly cancels their membership prior to the end of pre-paid months, a refund will be forthcoming. For example, if you pay for January 10 through July 9 and you cancel by May 9, you will be refunded the membership dues for June 10 through July 9.
Terms of Use
These Terms of Use are policies and guidelines helping us and you to enjoy a safe, respectful and productive Co-Working environment. Please read each item carefully. Your signature, which is required in order to begin your Co-Working Membership at Spark Commons, acknowledges that you have read the terms thoroughly and completely and agree to follow these terms individually and collectively.
1. General
Sparkology LLC dba Spark Commons (the “Company”) and the undersigned (“You”, the “Co-Worker”, collectively the “Parties”), the Parties hereby agree, warrant, consent and covenant to the following terms, conditions and representations:
2. Behavior
The Co-Worker agrees to conduct himself or herself according to the Terms of Use and other policies that the Company implements from time to time regarding personal behavior in the co-working space located at 258 4th Street, Bremerton, Washington 98337 (“Spark Commons”). At the Company’s sole discretion, your membership at the Spark Commons may be terminated for behavior that violates any such policies outlined here within. All Members are expected to behave in a manner that is respectful of the other members, polite, maintains noise at reasonable levels, does not disturb others in the Space. Members are expected not to do the following without explicit authorization from the other member: to disrespect the property of others, touch or move other people’s property, covertly collect any personal or business information about other members, and/or solicit to other members.
Each coworker is responsible for any partner, team-member, assistant, guest or client that he or she may invite to the space. Anyone without a membership must be accompanied by the member while in the co-working space. Day passes are required for anyone staying more than two-hours.
Each Co-worker shall respect the personal space and interaction preferences of other Co-workers and their guests. Specifically, Sparkology LLC has zero tolerance for sexual harassment, hazing, or bullying of any kind. Any member found to be participating in such behavior is subject to their membership being revoked immediately.
4. Description of Services.
Sparkology LLC provides you with access to office space, workstations, internet access, office equipment, conference space, knowledge resources, and other services as Sparkology LLC may provide from time to time (collectively, “Services”). The Services at all times are subject to the Terms Of Use.
5. Work Stations
You must have permission from Spark Commons staff before modifying the layout of the space. The space manager reserves the right to modify the space layout without notice to the members.
6. Mail collection
Spark Commons offers it’s address as a business mailing address as an option for its members. Mail is collected by Spark Commons daily. Members are welcome to use their unique code to collect their mail 24 hours a day. Members must pick up their mail no less than once per week. Member mail is located in the lobby area for pickup.
The Company shall not be held responsible for the loss or damage to Member Mail; for the material received; or for the legality of its content. Members may not collect mail or package on behalf of other members without prior written authorization.
7. Use of Services.
You acknowledge that you are participating in or using the Services at your own free will and decision and at your own risk. You acknowledge that Sparkology LLC 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.
Sparkology LLC cannot be held liable for lost, broken, or stolen property. Sparkology LLC strongly recommends that you be prepared for inadvertent and unexpected loss of data due to power surges and power outages. Sparkology LLC strongly encourages you to obtain insurance to cover the loss of or damage to your property.
You agree that you will be responsible for any damage you cause to other Co-worker’s property and/or the property of Sparkology LLC and Spark Commons or for allowing damage to occur through your negligence.
Specifically concerning use of the internet, you agree that you will not:
Participate in lotteries, 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 Sparkology LLC Services;
Download, upload, stream, post, distribute, disseminate, or otherwise make available any pornographic material, regardless of media, on or through Sparkology LLC 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 authorization 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 know, cannot be legally reproduced, displayed, performed, and/or distributed in such manner;
Harvest or otherwise collect information about others, including email addresses, without the authorization or consent of the disclosing party;
Violate any applicable laws or regulations; and
Create a false identity for the purpose of misleading others.
8. No Unlawful or Prohibited Use.
As a condition of your use of the Services, you will not use the Services for any purpose that is unlawful or prohibited by these terms, conditions and notices. You may not use the Services in any manner that could damage, disable, overburden, or impair any Sparkology LLC server, or the network(s) connected to any Sparkology LLC server, or interfere with any other party’s use and enjoyment of any Services. You may not attempt to gain unauthorized access to any Services, or accounts, computer systems or networks connected to any Sparkology LLC server or to any of the Services, through hacking, password mining or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Services.
You hereby represent and warrant that you have all requisite legal power and authority to enter into and abide by the terms and conditions of this Terms of Use and no further authorization or approval is necessary. You further represent and warrant that your participation or use of the Services will not conflict with or result in any breach of any license, contract, agreement or other instrument or obligation to which you are a party.
9. House Rules
The House Rules outline the rules that co-workers must follow in the coworking space. Compliance with and violation of House Rules may be assessed through the use of security cameras and code logs. Violation of House Rules A through D will result in immediate termination of membership. Violation of House Rules E through T may result in immediate termination of membership.
How to access the space
Each member is given a unique code to open the door. Upon acceptance of this agreement, you acknowledge that you will not give out your code to non-members. If you do so, it will be grounds for immediate termination of your membership.
Meeting room protocol
The Member who books the conference room must be present during its use, except that they may be away from the premises for up to a total of 15 minutes. Members are responsible for those in the room and their actions. Each membership includes a predetermined allotment of hours of Conference Room use based on their membership level. Refer to your membership level for details. Any additional hours used beyond those allotted to your membership level will be charged to the member at a rate of $15 an hour.
Coworker's responsibility to report violations of others in the space.
We are a community. If you see something that may be a violation of House Rules or Company Policies, or if something just “feels off”, notify a Spark staff member right away. If you fail to do so, you may be found to be complicit in the wrongdoing.
Rights and conditions of use of the logo and other information or use of your brand in communications by coworkers or space users to third parties
The Spark Commons logo may only be used with written permission by the Company.
Printing
Printing services is free for members up to 25 pages a month. Member will be charged $0.05 per black and white page and $0.15 per color print out over the 25 page limit. Charges are due within 48 hours of notice.
Coworker’s responsibility to look after the furniture and installations in the coworking space
We are a community. If you see broken furniture or equipment, please notify a Spark staff member immediately so that it can be taken out of service if appropriate and slated for repair, regardless.
Snacks and Drinks
Snacks and drinks are available for members to enjoy in moderation. Appropriate consumption of refreshments should be limited to 1-2 snacks per visit and no more than 5 cups of coffee per visit.
Coworker's responsibility to clean the areas or materials that they use
Treat this space like you belong to it. If you make an excessive mess, take care of it. Do basic things like wipe down tables, push chairs in, put dishes in the sink or dish washer to ensure the space is comfortable for all Co-Workers. Put trash and recycling in the proper bins.
The only garbage Spark Commons is responsible for is the garbage generated in the space, with the exception of outside food. We will gladly take your common wrappers, coffee cups, and normal office garbage. If any garbage beyond this (catering dishes, pizza boxes, bottles, etc.), determined at the discretion of the Company, is generated, it is the responsibility of the member to dispose of it by their own means outside of Spark Commons.
Coworker's responsibility with regard to other coworkers' personal belongings
Coworkers have no responsibility for other Coworker’s property/personal belongings other than to not touch or use without the explicit permission of the Coworker.
Right to modify the coworking space's layout
Members are welcome to move furniture, with the exception of dedicated desks. Furniture is modular and designed to meet many needs. Members need to ensure that if they choose to move the furniture that they’re not disrupting other members’ work or working spaces in this process. When rearranging furniture, please leave about four available workspaces for members and “drop-in” workers that may arrive later, unless the space is being rented in its entirety.
Use of common areas
Use of common areas is included in each membership. Regular use for working, collaborating, and networking are welcome and encouraged. Out of scope uses, those beyond general office work, collaboration with others, and networking must be approved by the Company prior to such use.
Confidentiality measures
Spark Commons is an open working environment. If you have confidential information, we recommend that you rent a conference room or use the phone booth (if available) to have more privacy. However, even those spaces are not soundproof. The Company cannot be responsible for the confidentiality of any information verbalized in the open working environment or the surrounding rooms.
Meeting with clients or collaborators
Members are welcome to meet with partners, team members, guests, clients and collaborators for up to two hours at no additional fee. For anyone staying more than two hours, a day-pass will be needed. Members are responsible for the actions of their visitors.
Children in the coworking space
The coworking space is dedicated to being a professional, adult space. Short-term visits of children are welcome provided they are quiet, respectful of the members, and well behaved. Acceptable behavior is determined at the discretion of the Company. The Company reserves the right to ask members with children to leave at any time. Members are responsible for the actions of their children visitors at all times.
Animals in the coworking space
Service animals are always welcome. Prior notification to and approval from the Company is mandatory for all animals in the coworking. All shot records must be produced prior to approval. Members are responsible for the actions of their animal at all times.
Silence, noise and music
Unless agreed upon by the community at large, any media consumed should be done so with headphones. Level of noise is at the discretion of the Company. A member may be asked, and required, to change volume, content, and presence of noise and media. “Read” the room.
Use of the Co-working space
Spark Commons is a place to work. While socializing happens as a natural component of working and networking, Spark Commons is not a social space. Time at Spark Commons should be spent primarily on work related activities.
Do not touch or handle the artwork without prior authorization of the artist;
Do not restrict or inhibit any other user from using and enjoying the Services;
Do not violate any code of conduct or other guidelines which may be applicable for any particular Service;
10. Coworker responsibilities
Coworker is fully responsible for the business activity that he or she develops in the coworking space. Spark staff are not responsible for providing reception services to coworker clients.
Sparkology LLC carries General Liability insurance. This insurance does not cover damage or loss of your personal or commercial property. It is strongly suggested that you carry an insurance policy to cover your own equipment while using our space. That policy may cover your current residence/office, as well as the premises of Sparkology LLC.
If you work for a company, your employer should have worker’s compensation that covers certain risks associated with workplace injuries, which may or may not apply to working in off-site locations such as Spark Commons. Check with your employer to determine the coverage available to you through your employment concerning using co-working space.
11. Repairs and Maintenance
The Company shall maintain the Co-Working Space in good repair and working order. If you notice any problems requiring repair, please notify the Company and it shall be remedied promptly. If you cause damage through negligence or your actions, you will be held responsible for the cost of repairs.
12. No Tenancy
The Company provides co-working services on an “as is” basis as a service and not as a lease of real property, and disclaim 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.
You hereby understand, agree and warrant that you are not a tenant and the Company is not a landlord and there is no tenancy relationship whatsoever as defined in any case law or legislation, rules, or regulations promulgated by the State of Washington or otherwise.
13. No Residency
The Co-Working Space is a commercial facility. Using the location or your membership for the purpose of establishing a personal residence is not permitted. You hereby understand, agree and warrant that you are not a residential tenant at the Co-Working Space. You may use the Spark address as your business address, but not as a residential address.
14. Legal Disclosures
Sparkology LLC reserves the right at all times to disclose any information about you, your participation in and use of the Services as Sparkology LLC 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 Sparkology LLC’s sole discretion.
15. Confidentiality and Non-Disclosure.
You acknowledge and agree that during your participation in and use of the Services you may be exposed to Confidential Information. “Confidential Information” shall mean all information, in whole or in part, that is disclosed by Sparkology LLC, or any participant or user of the Services or any employee, affiliate, or agent thereof, that 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 Sparkology LLC, any analyses, compilations, studies or other documents prepared by Sparkology LLC or otherwise derived in any manner from the Confidential Information and any information that you are obligated to keep confidential or know or has 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 to disclose Confidential Information to any third parties; not to use the Confidential Information in any way directly or indirectly detrimental to Sparkology LLC, or any participant or user of the Services.
All Confidential Information remains the sole and exclusive property of Sparkology LLC or the respective disclosing party. You acknowledge and agree that nothing in this TOU or your participation or use of the Services will be construed as granting any rights to you, by license or otherwise, in or to any Confidential Information or any patent, copyright or other intellectual property or proprietary rights of Sparkology LLC, or any participant or user of the Services.
16. Data protection
It is your responsibility to maintain your own data protection. You may not covertly obtain information about another co-worker’s data or use the data of other coworkers without their explicit authorization.
17. Violations of Rules or Terms of Use
A member who violates any provision of the Terms of Use may be subject to the following penalties:
Modification of their behavior to comply with the Terms of Use and House Rules;
Loss of use of the coworking space for the day (without compensation);
Termination of membership (without compensation or refund for the month)
18. Revisions
Sparkology LLC reserves the right to update the Terms of Use at any time. Sparkology LLC will post notice of updates onsite within 10 days of their enactment.
19. Liability
You hereby waive and hold harmless the Company, 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 you suffer to your person or property, whatsoever, including as a result of 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, or loss of privacy, arising out of or in any way related to the Company’s services or otherwise.
20. Disclaimer of Warranties.
To the maximum extent permitted by applicable law, Sparkology LLC provides the services “as is” and with all faults, and hereby disclaim with respect to the services all warranties and conditions, whether express, implied or statutory, including, but not limited to, any (if any) warranties, duties or conditions of or related to: merchantability, fitness for a particular purpose, lack of viruses, accuracy or completeness of responses, results, workmanlike effort and lack of negligence. Also, there is no warranty, duty or condition of title, quiet enjoyment, quiet possession, correspondence to description or non-infringement. The entire risk as to the quality or arising out of participation in or the use of the services, remains with you.
21. Exclusion of Incidental, Consequential and Certain Other Damages.
To the maximum extent permitted by applicable law, in no event shall Sparkology LLC 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 or 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, 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 Sparkology LLC, and even if Sparkology LLC has been advised of the possibility of such damages.
22. 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 or general damages), the entire liability of Sparkology LLC 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 Terms of Use and your exclusive remedy for all of the foregoing shall be limited to refund of current and pre-paid membership dues. The foregoing limitations, exclusions and disclaimers shall apply to the maximum extent permitted by applicable law, even if any remedy fails its essential purpose.
23. Termination
You agree not to use the Co-Working Space for any purpose that is unlawful, prohibited, or that could damage, disable or impair the property of the Company or of other members, or prevents other members from enjoying the Co-Working Space, or that would damage the reputation or business of the Company and the Co-Work Space.
Sparkology LLC reserves the right to terminate any Service at any time. Sparkology LLC further reserves the right to terminate your participation in and use of any Services, immediately and without notice, if you fail to comply with the Terms of Use.
24. Dispute Resolution
Any dispute, controversy, or claim arising out of or relating to this Terms of Use, or the breach thereof, shall be settled first by non-binding mediation and if the parties are not satisfied by the results thereof, then by binding arbitration. The mediation and subsequent arbitration proceedings shall be conducted in Kitsap County, Washington, or such other location as the parties may mutually agree. Mediation shall take place with Kitsap Dispute Resolution Center. If needed, the parties shall mutually agree on an arbitrator. If the parties are not able to mutually agree on a single arbitrator, each party will then select an arbitrator who working together will appoint a third arbitrator who will serve as the sole arbiter of the dispute. The prevailing party may enter any judgment or award rendered by the arbitrator in any court having jurisdiction thereof.
25. Indemnification.
You release, and hereby agree to indemnify, defend and save harmless Sparkology LLC and Sparkology LLC’s 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 your negligent actions, errors and omissions, willful misconduct and fraud in connection with the 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 Sparkology LLC or its respective officers and agents in connection with the defense of such claim or lawsuit.
26. Governing Law.
This Terms of Use and the rights and obligations of the parties under it are governed by and interpreted in accordance with the laws of the State of Washington. Venue for grievances filed shall be in Kitsap County, Washington.
27. Complete Agreement.
This Terms of Use constitutes the entire and exclusive understanding of the Terms of Use and Rules regarding membership and use of Services. It supersedes all prior written and oral statements, including any prior representation, statement, condition or warranty.
28. Severability.
In the event any provision of this Terms of Use is held to be illegal, invalid, or unenforceable to any extent, the legality, validity and enforceability of the remainder of this Terms of Use shall not be affected thereby and shall remain in full force and effect and shall be enforced to the greatest extent permitted by law.
29. Acknowledgement.
I hereby acknowledge that I have read and understood all of the terms and conditions contained in this Terms of Use and further agree to be bound to the Terms of Use regarding my participation in and use of the Services.
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