Terms of Use

Updated July 9, 2024

ACCEPTANCE OF TERMS

The services Friends & Partners, LLC (dba Birdhouse) provides to all members and users (including but not limited to use of office space and access to Internet) are subject to the following Terms of Use (“TOU”).

Birdhouse reserves the right to update the TOU at any time and without notice. It is the members’ responsibility to review and be aware of the current TOU. 

Updated TOU are available on this page: https://birdhouseamesbury.com/terms-of-use

DESCRIPTION OF SERVICES

Birdhouse may provide you with access to office space, work stations, internet access, office equipment, refreshments, and other services as Birdhouse may provide from time to time (collectively, “Services”). The Services at all times are subject to the TOU. 

BIRDHOUSE’S COMMITMENT TO SERVICE DELIVERY

Birdhouse covenants and agrees to use reasonable efforts to provide the services and amenities set forth in the membership description, as outlined in this Agreement and any attached exhibits. While Birdhouse strives to deliver all services as described, Members acknowledge that certain services may be subject to availability, third-party agreements, or other factors beyond Birdhouse’s control. In the event that any service or amenity is temporarily unavailable or altered, Birdhouse will make reasonable efforts to provide a comparable substitute or remedy the situation in a timely manner. Birdhouse’s failure to provide a particular service or amenity due to circumstances beyond its reasonable control shall not be considered a breach of this Agreement, provided that Birdhouse has acted in good faith to fulfill its obligations. 

FEES

Fees for our memberships and licensed space usage are as stated on our website or as communicated to you during the registration process. All fees are due as indicated, unless otherwise agreed in writing. In the event of late payment, Birdhouse reserves the right to charge interest on the overdue amount at a rate of 10% every seven (7) days, up to the maximum amount permitted by law. Birdhouse also reserves the right to suspend or terminate access to Services if payment is not received within fourteen (14) days. Legal action may be taken if felt necessary by Birdhouse to retrieve outstanding payment after this fourteen (14) day period. Your selected membership begins upon date of payment. 

DISCLAIMERS

The licensed space shall be provided by Birdhouse as-is, and Birdhouse makes no warranty regarding the suitability of the space for the Member’s intended use. Birdhouse shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses. However, Birdhouse shall maintain the licensed space in a clean and safe condition in accordance with applicable laws and regulations. 

Birdhouse may conduct video surveillance of any portion of its premises at any given time. The video cameras will be positioned in appropriate areas and used to promote the safety and security of all Members.

LIMITED RIGHTS TO USE OF SPACE

  1. I am 18 year of age or older. 

  2. I understand that my membership does not constitute a lease or sublease but is only a license to use Birdhouse. 

  3. I understand that membership is a privilege that may be revoked at Birdhouse’s discretion. If my membership is revoked, I understand that Birdhouse will return my membership dues for the remaining period of membership, and I agree to forfeit my membership, keys, access, and any other evidence of membership. 

  4. I understand that all amenities provided by Birdhouse, including but not limited to opening hours, availability of a particular working area, use of the printer, or availability of the Internet are to be deemed as additional privileges of membership not included in the cost of membership and subject to change. 

  5. Birdhouse will post and set the hours of operation, which may be changed at any time in its sole discretion.

  6. Birdhouse may close the facilities or a portion of the facilities for holidays or special events at any time. Birdhouse has the right to reduce hours at any time.

  7. We will look out for each other and lend a helping hand when we are able. We will be polite and accepting of each other. We are aware of and considerate of others and all personal property.

  8. When you leave, make sure that the space is in the same (or better) condition as when you walked in the door. Wipe the counter after making a mess, wash dirty dishes, throw away used tissues, napkins, wrappers, etc. As a reminder, this is a shared space. We are not here to pick up after you. If you leave a mess, you may be charged or your License may be terminated.

  9. Be aware of your, or any speakers’ volumes in any and all spaces. Speak softly when not in shared/public areas.

  10. Birdhouse reserves the right to add, eliminate, or alter any program, equipment, furniture or fixture it deems necessary. The premises and all machines, equipment, furniture, fixtures and tangible property are owned solely by Birdhouse.

  11. Cellular phones may be used in the facilities. Use of headphones is encouraged.

  12. Members are to use storage areas solely for temporary storage and not to store any valuable items.

  13. Birdhouse is not liable to a Member or invitees for any personal property that is damaged, lost or stolen while on or around Birdhouse’s premises or facilities including, but not limited to, a vehicle or its contents, or any property left in Birdhouse. 

  14. Members must notify Birdhouse in writing of any change in address or email contact information.

  15. Members are not permitted to advertise or post notices inside or about Birdhouse’s premises.

  16. Etiquette. Members are encouraged to conduct themselves appropriately while in Birdhouse.

    1. Please keep furniture, fixtures and equipment in its designated location.

    2. Please clean up areas or workspaces after use.

    3. Please report defective equipment to staff.

    4. Please be mindful of the workspace you are using and the time you are there to allow others to also use the workspace.

    5. Please vacate the workspace to allow others to use it when you leave for a lunch break or other periods of time.

    6. You are welcome to eat at your workstation, but please be respectful and considerate of your neighbors. Avoid overly smelly and messy foods, and thoroughly clean your area, disposing of your waste from the room.

DAMAGES

Member acknowledges liability for unapproved fixtures or improvements, and any damage to equipment, furnishings, and any other property of Birdhouse, or of Birdhouse’s other Members caused by Member, its assigns, employees, Members, agents, guests, invitees, or other affiliated parties, excluding damage due to normal wear and tear. Member agrees to pay the cost to remove unapproved fixtures or improvements, and to repair or replace (at full replacement cost) the damaged property, and the discretion of Birdhouse. 

RIGHT OF ENTRY

Birdhouse shall have the right to enter the licensed space at any time for any reasonable purpose, including any emergency that may threaten damage to Birdhouse’s property or injury to any person in or near the space. Birdhouse will make reasonable efforts to notify the Member in advance of such entry when possible. 

INDEMNIFICATION

The Member hereby indemnifies and holds harmless Birdhouse from any damages, actions, suits, claims, or other costs (including reasonable attorney’s fees) arising out of or in connection with any damage to any property or any injury caused to any person (including death) caused by the Member’s use of the licensed space. 

  1. I understand that if someone or something at Birdhouse gets hurt or damaged as a result of my negligence, then I am responsible to pay for that injury or damage if my insurance provider does not. 

  2. In no event shall Birdhouse, or its agents, employees, members, shareholders, or guests 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, 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 Space or its Services, the provision of or failure to provide Services, or otherwise under or in connection with any provision of this agreement. 

  3. I agree not to hold Birdhouse or its employees or agents responsible for the loss, theft, or damage of Members’ personal belongings including but not limited to laptop computers, cell phones, clothing, bags, wallets, or books. 

PROHIBITED ACTIVITIES

The following activities are prohibited in the licensed space:

  • Smoking 

  • Illegal Online Activity

  • Candles or any open flames

  • Use of chemicals or items that emit fumes or odor

  • Pets or animals

  • Alcohol or illegal substances (except when authorized via liquor license)

  • Weapons or firearms

  • Children are only to be brought with permission from Birdhouse. They must be supervised by a parent or guardian at all times.

  • Playing music or making noise that disturbs other users of the space or neighboring properties

  • No portion of the premises or building shall be used as lodging or sleeping.

  • Overloading electrical circuits or using electrical appliances that are not approved by the relevant authorities

  • Making structural or permanent changes to the space

  • Sharing access or allowing unauthorized individuals to use the space or equipment

  • Conducting activities that violate applicable laws or regulations, or that are deemed inappropriate by the space provider

  • Any other activity or item that may pose a danger or nuisance to Birdhouse or its members, as determined by Birdhouse in its sole discretion

  • Engaging in activities that may be considered discriminatory, harassing, or offensive to others Violation of these could result in the immediate termination of the membership agreement with no refund of fees or security deposit, and/or denial of entrance or use of Birdhouse in the future

  • No illegal activity is permitted on the premises or in the facilities at any time.

  • Violate any code of conduct of other guidelines which may be applicable for any particular Service (including the Building Rules for the Trades Mill property)

TERMINATION

Birdhouse reserves the right to terminate this agreement at any time upon written notice, and I agree to forfeit my membership, keys, access, and any other evidence of membership. . If the Member terminates this agreement before the end of the membership period, the Member shall pay any fees due up to the date of termination. Legal action may be taken if warranted in the event of non-compliance with this termination clause. 

ENTIRE AGREEMENT

This Agreement constitutes the entire agreement between the Member and Birdhouse and supersedes any prior understanding or representation of any kind preceding the date of this agreement.

By checking the box at payment screen, I represent that I have read the above Terms and Conditions of Membership in their entirety, have been given the opportunity to ask questions and/or have this document reviewed by legal counsel, and that I understand and agree to abide by the above Terms and Conditions of Membership, by the Membership Agreement, and by the Birdhouse Rules.