TOWN CENTER OFFICE SUITES
TERMS AND CONDITIONS
By booking a reservation with Town Center Office Suites, LLC ("TCOS"), you, on behalf of on behalf of yourself, your employees, representatives and guests (collectively, "Licensee") agree to comply with the following Terms and Conditions:
1. Normal Business Hours: The Center's normal business hours ("Normal Business Hours") are 8:30am - 5:00pm, Monday through Friday excluding holidays. At any other time, the front and back doors of the Center will be locked. Any Licensees coming and going from the Center outside Normal Business Hours must ensure that they leave the doors locked and may not open the doors for anyone other than their own clients or associates. Access to the Center outside of Normal Business Hours is limited to Licensees on the Full-Time Office Program only, or such persons that are provisioned 24/7 access by the Manager.
2. Conference Rooms: Reservation for the use of the conference rooms may be accomplished through the TCOS Member Portal, or may be coordinated through the receptionist or other staff member. Conference rooms are available on a first come, first served, basis and may not be booked more than 2 weeks in advance and in addition, advance “blocked booking” of more than 10 hours per week will not be allowed without permission from the Center Manager. For Licensees permitted to book conference rooms outside of Normal Business Hours, usage shall be permitted provided all the Rules and Regulations are strictly adhered to, and such usage will be deducted from the Licensee’s monthly total allowance, if any. Licensees must reserve all conference room usage regardless of whether the booking occurs during, or outside of, Normal Business Hours. A half-hour minimum booking is required. Time is billed in quarter-hour increments thereafter, and is based on the start time/end time originally booked, or actual usage, whichever is longer. Changes in start times or end times, resulting in a shorter booking-time must be made at least twenty-four (24) business hours’ in advance of the originally scheduled start time, otherwise usage based on the original start time/end time, or actual usage, whichever is longer, will be billed. Licensees who exceed their monthly allowance of conference room usage will be billed for excess usage at then-prevailing rates.
3. Conduct in Reception Areas; No Unattended Children: The reception areas are designed for the temporary and short term waiting of visitors. They are not to be used by Licensee to conduct meetings or to leave people waiting for prolonged periods of longer than 20 minutes. All occupants, staff, clients, and visitors should dress and conduct themselves in a professional manner while in the Center. Any children in the Center must be supervised at all times by an adult and shall conduct themselves in a manner appropriate for a business environment. In the event that children are left unattended in the Center, our staff reserves the right to relocate them to a conference room (or available office), if any – and such usage will be counted against the Licensee’s monthly conference room allowance, or otherwise charged to Licensee's account.
4. Parking: Parking regulations in the building apply to all Licensees. Parking in the front of the building and lower levels of the parking garage marked visitors, is for visitors only (2 hours maximum) and not for Licensees or their employees. The building management reserves the right to tow offending vehicles. It is Licensee’s sole responsibility familiarize itself and its employees and guests with local parking rules. All posted signage and parking restrictions will be strictly observed and TCOS has no responsibility for any claims or damages with respect to parking. Parking in handicapped spaces is prohibited without a government-issued handicapped parking permit.
5. Posting of Materials Prohibited without Permission: The posting of materials, pamphlets, brochures, pictures or advertisements of any type in or about the common areas of the Center and/or the building, absent consent from the Center Manager, is strictly prohibited.
6. Clean-Up Fee: Licensees using any of the common areas, conference rooms, kitchen, or the work room are required to clean up after themselves. This is particularly important when the conference rooms or the kitchen is used. In the event that a conference room or kitchen is left in an unsightly manner, a clean-up fee of $50.00 may be imposed.
7. Compliance with Laws: Licensee, on behalf of itself, its employees, representatives and guests, agrees to comply with the federal, state and local laws, statutes and ordinances, including but not limited to any health department guidelines concerning the COVID-19 pandemic (collectively, the "Laws"), and all rules and regulations promulgated by Licensor, as amended from time to time concerning the use of the Center, the use of the conference rooms, common areas and the services supplied by Licensor. Licensee shall not perform any act (or fail to act) in such a way that unreasonably interferes with the use of the Center by Licensor or any other licensee, cause any nuisance or annoyance, increase the insurance premiums Licensor has to pay, or cause loss or damage to the Center or to the owner of any interest in the building where the Center is located.
8. Indemnification: Licensee shall indemnify and save harmless Town Center Office Suites, LLC, a Virginia limited liability company, Columbus Tower, L.L.C., a Virginia limited liability company, Columbus Tower, L.L.C., and Divaris Property Management Company, and their respective members, managers, shareholders, directors, officers, agents and employees (collectively the “Indemnified Parties”) from and against all liability, loss, claims, damages, or actions suffered or sustained by the Indemnified Parties, as a result of Licensor’s use of the Center or otherwise based upon or arising out of damage or injury (including death) to persons or property, caused by the acts or omissions of Licensee, its agents, employees or guests, in connection with Licensee’s use and/or occupancy of the Center, or based upon any violation of one or more of the Laws and/or these Terms and Conditions, and the defense of any such claims or actions. Licensee shall bear all responsibility for any damage to the Center or any of Licensor’s equipment in connection with Licensee’s use of the Center under the Agreement.
9. Extent of Licensor’s Liability: To the maximum extent permitted by law, Licensor shall not be liable to Licensee in respect of any loss or damage the Licensee suffers in connection with its use of the Center or Licensor’s provision of services pursuant to these Terms and Conditions, unless such loss or damage was caused by Licensor’s gross negligence or willful misconduct. Licensor shall not be liable for any loss as a result of Licensor’s failure to provide a service as a result of mechanical breakdown, strike, casualty, or termination of Licensor’s interest as a tenant of the building in which the Center is situated. In no event shall Licensor be liable for any loss or damage until Licensee provides Licensor written notice and give Licensor a reasonable opportunity to cure under the circumstances.
10. NO WARRANTIES; EXCLUSION OF CONSEQUENTIAL LOSSES, ETC.: LICENSEE’S USE OF THE CENTER AND ANY LICENSOR-OWNED EQUIPMENT AND ADDITIONAL SERVICES ARE ACCEPTED BY LICENSEE “AS-IS” “WHERE-IS” WITH ALL FAULTS, WITHOUT REPRESENTATION OR WARRANTY, EXPRESS OR IMPLIED AS TO ITS CONDITION. THERE IS NO WARRANTY OR REPRESENTATION THAT THE CENTER OR THE EQUIPMENT IS FIT FOR LICENSEE’S PARTICULAR PURPOSE, OR THAT IT IS FREE FROM LATENT DEFECTS. LICENSOR DISCLAIMS ANY REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO THE CONDITION OR PERFORMANCE OF THE CENTER OR ANY LICENSOR-OWNED EQUIPMENT, ITS MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. LICENSOR WILL NOT IN ANY CIRCUMSTANCES HAVE ANY LIABILITY FOR LOSS OF BUSINESS, LOSS OF PROFITS, LOSS OF ANTICIPATED SAVINGS, LOSS OF OR DAMAGE TO DATA, THIRD PARTY CLAIMS OR ANY CONSEQUENTIAL LOSS UNLESS LICENSOR OTHERWISE AGREES IN WRITING. LICENSOR STRONGLY ADVISES THE LICENSEE TO INSURE AGAINST ALL POTENTIAL LOSS, DAMAGE, EXPENSE OR LIABILITY COVERING LICENSEE’S BUSINESS OPERATIONS AND ANY LICENSEE-OWNED EQUIPMENT USED OR LOCATED IN THE CENTER.
11. FORCE MAJURE: LICENSOR SHALL NOT BE RESPONSIBLE FOR ANY CLAIMS, DELAY OR FAILURE IN PERFORMANCE UNDER THIS AGREEMENT CAUSED BY FIRES, RIOTS, STRIKES, EMBARGOES, ACTS OF GOD, ACTS OF TERRORISM, THIRD-PARTY CRIMINAL ACTS, EPIDEMIC, PANDEMIC, QUARANTINE, BREAKDOWN OF COMMUNICATION FACILITIES, WEB HOST OR INTERNET SERVICE PROVIDER, GOVERNMENTAL ACTS OR OMISSIONS, CHANGES IN LAWS OR REGULATIONS, OR OTHER CAUSES BEYOND LICENSOR'S REASONABLE CONTROL.
12. Attorneys’ Fees/Costs: Licensee shall be liable for all of Licensor’s fees and costs, including reasonable attorneys’ fees, court costs, and costs of collection, both pre- and post-judgment, connected with Licensor’s enforcement of these Terms and Conditions.
13. Governing Law & Consent to Jurisdiction and Venue: These Terms and Conditions and Licensee's use of the Center and related services shall be governed by the laws of the Commonwealth of Virginia. Venue for any legal action arising out of Licensee's use of the Center and/or these Terms and Conditions shall be (and each of Licensor and Licensee hereby consent to venue and jurisdiction) in any of the following: the Circuit Court of the City of Virginia Beach, Virginia; the General District Court of the City of Virginia Beach, Virginia, or the United States District Court of the Eastern District of Virginia (Norfolk Division).