Agreement: My signature and date below indicate that I have read, completed and understand the requirements of this contract in full.
Important! We require all day pass users to read our House Rules and Core Beliefs documents found here: House Rules and Core Beliefs.
Can be used without a Pastel membership
We are the workspace provider for services listed in the Purchase Summary provided. You are agreeing to subscribe to the access level listed in the Purchase Summary. We provide access to our facility (“Pastel”) pursuant to the following terms.
1. Access to Shared Workspace in Common Areas
Note: Pastel is currently not wheelchair accessible, however there are accessible restroom facilities.
(a) We will provide workspaces on a first-come, first-served basis, subject to prior reservation. This includes access to the common areas, and for a separate charge, available Conference Room, during open business hours. Your use of Pastel is at all times subject to this Agreement and our House Rules (see section 3 below).
2. Additional Services
You will be responsible for payment for use of any other a la carte services, guest passes, meeting room charges and other services, if applicable, you consume in Pastel at our current prices. You must make all bookings for reservable workspaces and meeting spaces through a Pastel Host. If for any reason we cannot provide the accommodations at the time you request, we will have no liability to you for any loss or damages.
3. Comply with House Rules
You must comply with our House Rules for the use of Pastel by members, guests and invitees. We may set these rules at our sole discretion to promote health and safety, security, well-being, hospitality, membership harmony, or to otherwise improve the experience we are delivering. The House Rules are available at pastelplymouth.com/house-rules.
4. Your Business Activity
You must only use the Pastel accommodation for legal business purposes. Retail or medical uses, involving frequent visits by members of the public are not permitted. You must not use the name Pastel in any way in connection to your business.
5. Taking Care of Our Property
You must take good care of all parts of Pastel, its equipment, fittings and furnishings, which you use. You must not alter any part of it. You are liable for any damage caused by you or those in Pastel with your permission or at your invitation.
6. Entry Access and Security
If you are permitted to use Pastel outside normal working hours, it is your responsibility to turn off the lights and lock the doors to your accommodation or desk and to Pastel when you leave. For your personal security, and for quality assurance purposes, we may maintain video surveillance in areas of Pastel and entryways and maintain a record of all entry and exits.
7. Comply with the Law
You must comply with all relevant laws and regulations in the conduct of your business. You must not do anything that may interfere with the use of Pastel by us or by others, cause any nuisance or annoyance, cause an increase in the insurance premiums we have to pay, or cause damage to us or to the owner of any interest in the building that leases to Pastel. You acknowledge that (a) the terms of the foregoing sentence are a material inducement to us for the execution of your Agreement and (b) any violation by you of the foregoing sentence shall constitute a material default by you hereunder, entitling us to terminate your Agreement.
It is your responsibility to arrange insurance for your own property and liability to your employees and to third parties. We are not responsible for loss or damage to any of your personal items or work product.
9. Our Liability
We are not liable for any loss as a result of our failure to provide a service as a result of mechanical breakdown, strike, delay, failure of staff, termination of our interest in the building containing Pastel or otherwise unless we do so deliberately or are grossly negligent. We are also not liable for any failure until you have told us about it and given us reasonable time to get it right. You agree (a) that we will not have any liability for any loss, damage or claim which arises as a result of, or in connection with, this Agreement and/or your use of the services except to the extent that such loss, damage, expense or claim is directly attributable to our deliberate act or our gross negligence (our liability); and (b) that our liability will be subject to the limits set out in the next paragraph. We will not in any circumstance have any liability for loss business, loss of profits, loss of anticipated savings, loss of or damage to data, third-party claims or any consequential loss. We strongly advise you to insure against all such potential loss, damage expense or liability.
10. The Nature of the Agreement
This Agreement is the commercial equivalent of a club membership. The entire Pastel remains our property and in our possession and control. You acknowledge that this Agreement creates no tenancy interest, no leasehold estate, nor other real property interest in your favor with respect to the accommodation. We are licensing you only the right to share the use of Pastel so that we can provide the services to you. The Agreement is personal to you and cannot be transferred to anyone else. We may transfer the benefit of your Agreement and our obligation under it at any time.
11. Duration and Rate Guarantee
The standard daily access fee stated in the Purchase Summary is fixed for 6 months from the Agreement Start Date.
12. Ending your Agreement Immediately
(a) Pastel may put an end to your Agreement by giving you notice for the following reasons:
• your conduct—or that of your guests or invitees—is determined by us, in our sole and complete discretion, to be unsafe and potentially harmful to you, us, or any other members or guests, or is damaging to the reputation of Pastel.
(b) If we put an end to the Agreement for any of these reasons, it does not put an end to any outstanding obligations you may have and you must:
• pay for additional services you have used;
• and indemnify us against all costs and losses we incur as a result of the termination.
13. When Your Agreement Ends
If you leave any of your own property at Pastel, we may dispose of it in any way we choose without owing you any responsibility for it or any proceeds of sale.
You agree to indemnify us with respect to all liability, claims, damages, losses and expenses that may arise (except to the extent caused by our gross negligence or willful misconduct) if someone dies or is injured while in the accommodation you are using or with respect to your use of Pastel and the services. If you do not comply with the terms of your Agreement, you must also pay any cost, including reasonable legal fees, which we incur in enforcing your Agreement.
15. Data Protection
You agree that we may process, disclose or transfer any personal data, which we hold or in relation to you, provided that in doing so we take such steps as we consider reasonable to ensure that it is used in accordance with our privacy agreement and local laws governing personally identifiable data, but only:
• to fulfill our obligations under your Agreement;
• for work assessment and fraud prevention;
• or to make available information about new or beneficial products and services offered by us and other organizations, which we consider may be of interest to you.
16. Applicable Law
Your Agreement is interpreted and enforced in accordance with the laws of the state in which Pastel identified in the Purchase Summary. We both accept the exclusive jurisdiction of the courts where Pastel is located.
17. Payment of Fees
The fees are payable in advance, in full. You agree to pay promptly (a) all sales, use excise and any other taxes we are required to collect from you to pay to any governmental authority and (b) and local taxes we are required to collect that are attributable to the accommodation.
18. Payment of Additional Service Fees
Fees for additional a la carte services are invoiced at the point of sale or in arrears in accordance with our published rates from time to time and payable on the 1st day (or such other day as we designate) of the month following the calendar month in which the additional services were provided. The standard fee is payable for every day that your Agreement is in existence, including Saturdays, Sundays and public holidays.
Your Agreement is subordinate to our lease with our landlord and to any other Agreements to which our lease with our landlord is subordinate.