Terms and Conditions
MEMBERSHIP AGREEMENT TERMS & CONDITIONS
SECTION 1: DEFINITIONS
a) “Building” means the building located at 250 Assay Street, Houston, Texas, 77044, in which NIMBLE offers its Services.
b) “Commitment Date,” if provided, means the earliest date that the Member Company may cancel its membership under this Agreement. For the avoidance of doubt, the Member Company’s membership is not automatically cancelled on the Commitment Date.
c) “NIMBLE” or “we” “us” or “our” means Nimble Workspaces, LLC.
d) “Location” means NIMBLE’s location and leased space within the Building.
e) “Member Company” or “you” means the company, entity, or individual that enters into this Membership Agreement as listed in the Membership Information Form.
f) “Member Registration Form” means the Member Information Form, as may be amended and updated by NIMBLE and the Authorized Signatory from time to time.
g) “Member” means the Member Company and any Team Members.
h) “On-Site Contact” means the Team Member authorized to represent the Member Company and is regularly available in the Location.
i) “Team Member(s)” means each person that you allow to use NIMBLE’s Services and Workspace under this Agreement. All Team Members must be listed on the NIMBLE’s official roster of authorized parties, which may be updated from time to time, but only after accepted and approved by NIMBLE.
j) “NIMBLE” means NIMBLE’s website and mobile application.
k) “Workspace” means the workspace(s), desk(s) or office(s) specified in the Membership Information Form.
l) Business Day means 9am-6pm local time, Monday-Friday
m) Service Retainer - as defined below in Section 4.
All terms used on the Member Registration Form, when used within this Agreement (defined below), will have such meaning as defined on the Member Registration Form.
SECTION 2: MEMBERSHIP BENEFITS
a) Membership Types. In accordance with the terms and conditions of this Membership Agreement and any attachments or exhibits hereto (collectively, this “Agreement”), during the Term (defined below), NIMBLE shall use commercially reasonable efforts to provide the Team Member(s) with the following Services (the “Services”) consistent with the Membership Type specified on the Member Registration Form:
a) Private Workspace
• A Private Workspace is a private office that will come with a locking door and is the Workspace specified on the Member’s Member Registration Form. Private Workspace Member’s will have access to the Workspace and Location 24x7 and all Basic Services. Basic furniture and maintenance, to a reasonable extent and not beyond normal wear and tear, is included with the Workspace.
b) Co-Working
• Shared: 24x7 access to the Location and any open hot desks on a first come first serve basis, all Basic Services and 2-hours of conference room use per month.
• Dedicated: 24x7 access to the Location with an assigned desk and chair in an open or shared suite, all Basic Services and 2-hours of conference room use per month.
c) Virtual Office
• Basic: Right to use Location’s business address for Member’s business address, basic mail handling and access to the lobby of Location to access mail.
• Premium: Virtual Basic services plus telephone line with voicemail and call forwarding, and 2-hours of conference room use per month with access to filtered water and coffee bar.
• Ultimate: Virtual Premium services plus mail forwarding (postage not included, but billed to Member), 2 additional (total of 4) conference room use hours per month and one day of Co-working services (see above) per month.
d) Day Pass
• Access to Location between the hours of 9am and 6pm and any open hot desks on a first come first serve basis and limited Basic Services
e) Basic Services
• Non-exclusive access to the Location and web site on a 24/7 basis;
f) Access to printer(s), copier(s), and scanner(s) available to NIMBLE’s members in the Location, subject to additional fees beyond the amount of usage exceeding the Monthly Printing Allowance on a monthly basis, subject to change from time to time;
• Mail and package reception;
• Member-only benefits, programs, promotions, and events, which NIMBLE will make available to Team Members but are not guaranteed as to frequency or nature;
• Heat and air-conditioning during Business Hours on Business Days;
• Use of NIMBLE’s high-speed internet service at the Location;
• Use of conference rooms in the Location, subject to availability and additional fees or credits if applicable;
• Access control;
• Parking consistent with allotted parking spaces as described on the Membership Information Form; and
• Coffee and water beverages on demand.
b) Reservation of Rights. NIMBLE, in its sole discretion, may relocate the Workspace to other similar workspace within the Location, or a comparable NIMBLE location within a 3-mile radius of the Location, upon giving the Member Company five (5) business days prior written notice. In such an event, you will not incur any increase in the Membership Dues and NIMBLE will waive any relocation fees.
SECTION 3: TERM
a) Membership Term. The term of your membership and the provision of the Services (the “Term”) shall commence on the Commencement Date, provided that you have paid all required amounts, and shall continue, at least until the Commitment Date (if provided), and on a month by month basis there after until either you terminate or cancel this Agreement in accordance with Section 3(c) below or NIMBLE cancels with thirty (30) days notice.
b) Unavailability of the Workspace. If NIMBLE is unable to make the Workspace, if applicable, or Location available by the Commencement Date for any reason, NIMBLE will not be subject to any liability related to such inability, and such inability will not affect the validity of this Agreement. In such an event, the Member Company shall not be obligated to make additional Membership Dues payments until such Workspace, if applicable, or the Location, based on Membership Type, or a similar workspace within the Location or within a 3-mile radius, is made available to the Member Company.
c) Termination. In order to terminate this Agreement, you shall provide NIMBLE with written notice of such termination via email from the Authorized Signatory or On-Site Contact (the “Exit Notice”) prior to the first day of the month in which you intend to cancel the Agreement (such final month is referred to as the “Termination Month”). The termination will always be effective at 12:00 PM on the last business day of the Termination Month. Notwithstanding the foregoing, you may not terminate this Agreement prior to the Commitment Date (if provided).
d) Abandoned Property. Any equipment, fixtures, goods, or other property of any Member remaining in your Workspace, if applicable, in the Location or the Building at the expiration or earlier termination of the Term shall be considered abandoned. NIMBLE may, without notice, dispose of such equipment, fixtures, goods or other property of any Team Member in any manner at the Member Company’s expense, and NIMBLE shall not be accountable to the Member therefor.
SECTION 4: DUES AND CREDITS
a) Membership Dues. On the first day of every month during the Term, you shall pay to NIMBLE the Monthly Membership Dues, together with all applicable governmental taxes. The Membership Dues shall be payable without any notice, offset, demand or deduction. All checks in payment of any sums payable to NIMBLE shall be drawn on a US bank. The Membership Dues, except for Member Company’s with Commencement Dates between September 1 and December 31 of the applicable year, are subject to an annual increase of up to 10%. Annual increases will be communicated to Member Company’s ninety (90) days prior to the end of the calendar year and will be effective as of January 1 for each year of such notice.
b) Fees Due Upon Signing. Upon the execution of this Agreement, you shall deliver to NIMBLE the sum of:
(i) the Membership Dues for the first month of the Term; (ii) the Set-Up Fee; and (iii) the Service Retainer.
c) Service Retainer. The Service Retainer will be held as a retainer for the performance of your obligations under this Agreement and is not intended to be a reserve for dues or fees you are otherwise required to pay. In the event that you or your Team Members do not, in any way, perform any of the terms and conditions of this Agreement or the House Rules, including without limitation the payment of the Membership Dues, we may use, retain or apply the whole or any part of the Service Retainer, to the extent required, for the payment of any amounts owed to us under this Agreement or for any sum which we may expend as a result your breach of this Agreement or the House Rules. Provided that you perform and satisfy all of your obligations as set forth in this Agreement, NIMBLE will return the Service Retainer, after deducting amounts owed to NIMBLE under this Agreement, on or before sixty (60) days following, the later of: (i) the completion of the Term; (ii) the termination of this Agreement; (iii) your complete performance of all of your obligations, including those applicable following expiration of the Term; (iv) the vacating all of your property from all areas of the Location; and (v) the return to NIMBLE of all keys and keycards to the Location and/or the Building. The Service Retainer is in addition to other remedies at law and equity available to NIMBLE for any costs incurred by NIMBLE attributable to the Member or Team Members. Should NIMBLE have to draw against your Service Retainer for any reason during the Term, Member Company shall be obligated to refund the Service Retainer so that the amount is equal to the required amount as provided on the Membership Information Form. Such refunding of the Service Retainer is required within fourteen (14) days of notice of such deficiency by NIMBLE to Member Company.
d) Credits. The Member Company will receive a certain number of credits (“Credits”) each month, as specified on the Membership Information Form, for use of conference rooms in the Location, as well as other products and Services that NIMBLE offers from time to time. The Credits do not roll over from month to month. Purchased Credits are not refundable and will expire after a full calendar month. For example, Credits purchased on February 2nd will expire on March 31st. Credits may not be transferred to third parties or other members of NIMBLE.
e) Conference Rooms and Meetings. The Membership Dues do not include free use of any conference or meeting rooms. Conference or meeting rooms can be reserved, subject to availability, in exchange for Credits. After use, the Member shall clean the room and return it to its original condition. Each Member understands that Conference Rooms may not be soundproof and Team Members use the conference rooms at their own risk with regard to confidential information.
f) Late Charge. In the event that any payment required to be made by you or your Team Members is not made within three (3) business day after the due date, the Member Company shall pay a late charge of ten percent (10%) of the overdue amount as additional Membership Dues. The late charge is in addition to other remedies available in law or equity to NIMBLE.
g) Returned Check Fee: The Member Company shall pay the amount of Fifty Dollars ($50) to NIMBLE for any bounced or returned checks, declined credit card charge, or Automated Clearing House (ACH) default (collectively, a “Denied Payment”). In the event of a Denied Payment, NIMBLE reserves the right to require a certified check for the payment of the Membership Dues or any other charge under this Agreement.
h) No Returns. There are no returns, refunds, or credits for any fees or amounts paid by any Member for the Services, including, but not limited to, Monthly Membership Dues.
i) Outstanding Fees. When a Member makes a payment, we will first apply the payment to the earliest outstanding balance of the Member. Once you satisfy all past balances, the remaining portion of the payment will be applied to dues and fees that are currently due. In the event that any charges are not paid when due and payable, we may suspend the Services, your access to the Location, your membership and/or terminate this Agreement.
SECTION 5: MEMBER RESPONSIBILITIES
a) House Rules. The house rules (“House Rules”) are attached to this Agreement, and may be changed from time to time by NIMBLE. You and your Team Members shall abide by the House Rules and any other reasonable rules and regulations as may be adopted and/or changed from time to time by NIMBLE.
b) Maintenance and Repair. Each Member shall maintain any area it uses within the Location in a good, clean and safe condition and shall on the expiration or earlier termination of the Term leave the Location and the Workspace, if applicable, in good condition and repair. The Member Company, at its sole expense, shall pay to NIMBLE for the repair of any and all damage, injury or deterioration to the Location or the Workspace due to a Member’s lack of ordinary care. Any such payment shall be made by Member Company within fourteen (14) days of receipt of an invoice from NIMBLE. Failure to do so will result in the forfeiture of some or all of the Service Retainer.
c) High-Speed Internet Service. Member(s) shall not share the high-speed internet service with any party who is not a Team Member, whether in wired or wireless form. Member(s) shall not transmit bulk emails in any form over the high-speed Internet service. NIMBLE may, from time to time and without notice, monitor outgoing and incoming SMTP traffic to ensure compliance. Each Member shall comply with governmental regulations and laws concerning unsolicited email transmissions. The Member(s) acknowledge that internet service is an inherently complex service with many points of potential failure and that there may be outages or periods of slow transfer speed. The Member(s) acknowledge that no data network and internet communication is 100% secure, that such communications could be intercepted by equipment and software and no such communication should be considered private or protected. The Member(s) shall not be entitled to a reduction in the Membership Dues or any other compensation because of any such internet service failures, outages or periods of low transfer speed. NIMBLE shall not be responsible for any damages, liabilities or losses resulting from the high-speed Internet service.
d) Responsibility for Guests. The Member Company is solely responsible for any and all actions and omissions of its Team Members, and their respective employees, agents, guests and invitees that are brought into the Building. The Member Company shall pay to NIMBLE, as required, to compensate for any damage or loss caused by you, your Team Members and their respective employees, agents, guests, or invitees. Team Members should ensure that all guests are properly checked in through NIMBLE’s preferred technology platform at such time. Members with a Virtual Membership Type may not bring guests to the Location, unless during properly authorized conference room times or upon approval by NIMBLE.
e) Prohibited Conduct and Uses. Member(s) shall at all times comply with all applicable laws, rules and regulations and shall not use the Workspace, the Location or the Building for any of the following: (i) activity that is generally regarded, or in NIMBLE’s sole opinion is regarded, as offensive, disruptive, unpleasant, wasteful, a nuisance or dangerous to other people, or other act or thing of any kind or nature whatsoever that may disturb the quiet enjoyment or cause unreasonable annoyance to other occupants in the Building, such as but not limited to, involvement in hate groups, activity involving pornographic or sexually explicit material, obscenities, use of offensive language whether written or oral and/or unreasonable odors or noise; (ii) illegal operations, gambling, possessing, using or distributing controlled substances or hazardous materials; (iii) promoting and/or propagandizing discrimination against any race, color, religion, sex, ethnicity, age, sexual orientation, or any other class protected by applicable law, rules, or regulations; (iv) in a nature relating to retail or medical Services, or that will cause frequent visits by members of the public; (v) sexual harassment or intimidation of any kind; or (vi) any business(es) which unreasonably interfere with or disrupts the other occupants of the Building.
f) Shared Workspace. The Member(s) acknowledge and agree that the Location is shared with other Members of NIMBLE and agree to be respectful of other Members. As a shared work environment, the Member(s) further acknowledge and agree that there is no expectation of privacy within the Location or the Workspace.
g) Signs. Member(s) shall not place or allow any signs or advertisements to be placed in the Workspace, Location or the Building without the prior written consent of NIMBLE.
h) Assignment. Member(s) shall not assign this Agreement or otherwise permit any other person or entity to use the Services or occupy the Location. NIMBLE may assign this Agreement without your consent.
i) On-Site Contact. The Member Company shall at all times designate an On-Site Contact to NIMBLE.
SECTION 6: ADDITIONAL AGREEMENTS
a) Insurance. Upon demand by NIMBLE, the Member Company, for all non-virtual Membership Types, shall provide NIMBLE with a Certificate of Insurance, issued by an insurance company licensed to do business in the State of Texas, naming as an additional insured NIMBLE and landlord of the Location for commercial general liability, bodily injury, and property loss and damage, including without limitation the Team Members, guests, and pets of any Member, if permitted by the Location’s House Rules, as well as prevention of or denial of use of or access to all or part of the Location. The Members shall indemnify and hold NIMBLE and the landlord of the applicable location harmless from any loss, liability, claim, property damage or personal injury caused by any Member, their agents, employees, invitees, guests, or pets, including the costs of defense from any claims arising therefrom. In the event of a property loss, both NIMBLE and the Member Company will recover from their respective insurance carriers regardless of which party was at fault, and each party, including Team Members, agrees that it will not seek to recover damages against the other or against the other’s insurance carrier, and the insurance carriers shall have no right of subrogation.
b) Utilities. The Member(s) acknowledge that the Location is designed to provide standard, office-use electrical facilities and standard office lighting, such as lamps, computers and monitors. The Member(s) shall not use any equipment or device, including without limitation, refrigerators, heaters, toasters or similar devices, overload the wiring or interfere with electrical service to other occupants of the Location or the Building. The Member(s) agrees that it shall supply its own surge protectors and any other necessary equipment for protection of its equipment against spikes or dips in electrical power. NIMBLE will not be responsible for any damage to equipment suffered as a result of normal or abnormal electrical conditions nor will NIMBLE be responsible for any business interruption caused by power or utility outages.
c) Default. In the event that any Member breaches this Agreement in any way, including without limitation, failure to pay the Membership Dues or make any other payment contemplated hereunder within five (5) days after such payment becomes due, then NIMBLE may exercise any and all rights and remedies available at law and equity, including without limitation, immediately terminating this Agreement, immediately ceasing to provide the Services and immediately removing the property of the Member Company and its Team Member(s) from the Location and the Workspace. Without limiting the foregoing, NIMBLE may terminate this Agreement and/or suspend the Services at any time without being liable to the Member(s) for any damages resulting therefrom. Upon any termination of this Agreement, whether by lapse of time or otherwise, or upon any revocation of the Member Company’s membership, no Member shall thereafter have any further right to access or use the Services, the Location or the Workspace. Any breach of this Agreement by any Team Member(s) shall be considered a breach by the Member Company; any obligation of the Team Members in this Agreement shall jointly and severally be the responsibility and obligation of both the Member Company and the Team Member(s).
d) Indemnity. The Member Company shall indemnify NIMBLE, its affiliates, parent, successors, and the landlord of the Location, and their respective, owners, members, assignees, directors, officers, employees, agents, guests and invitees (collectively, the “NIMBLE Parties”) from and against any and all claims, including third party claims, liabilities and expenses (including without limitation reasonable attorney’s fees) resulting from any breach of this Agreement by any Member(s) or their employees, agents, guests, invitees or pets, or any of such parties actions or omissions. The Member Company is responsible for the actions of, and all damages caused by, all persons and pets that any Member invites to enter the Location. Member Company’s obligation to indemnify NIMBLE extends even in cases of negligence by NIMBLE. The Member Company shall not make any settlement that requires a materially adverse act or admission by NIMBLE or imposes any obligation upon any of NIMBLE Parties without NIMBLE’s written consent. NIMBLE Parties shall not be liable for any settlement made without its prior written consent.
SECTION 7: MISCELLANEOUS
a) Relationship of the Parties. The Workspace and the Location remain the property, possession and in the control of NIMBLE. NIMBLE is giving the Member(s) the right to share with NIMBLE the use of the Workspace and the Location so that NIMBLE can provide the Services to the Member(s). Notwithstanding anything contained in this Agreement to the contrary, the Member(s) and NIMBLE agree that their relationship is not that of a landlord-tenant, and this Agreement in no way shall be construed as to grant any of the Member(s) any title, easement, lien, possession or related rights in NIMBLE’s business, the Location, the Workspace or anything contained in or on the Location or the Workspace. This Agreement creates no tenancy interest, leasehold estate or other real property interest. The Member(s) shall not cause or permit any lien to be placed on the Workspace, Location, Building or the land underlying the Building. Any such lien shall be discharged by the Member Company within ten (10) days of any Member becoming aware of such lien. The Member(s) waive any notice to quit, notice to vacate, notice of intent or similar notice that would otherwise be required by law. This Agreement constitutes a license for the Members to use the Services and Workspace in accordance with this Agreement and in no way constitutes a lease or sublease. The parties hereto are independent contractors in the performance of their respective obligations contained in this Agreement, and this Agreement shall not be deemed to create a fiduciary or agency relationship, partnership or joint venture, for any purpose.
b) Access to the Landlord of the Location. There is no relationship between the Member(s) and the landlord of the Location. The Member(s) shall not contact, nor shall have the right to complain or demand anything from the landlord of the Location, its employees or any Building employee for any reason. In the event that the Member(s) require any Services, all such requests shall be made directly and solely to NIMBLE.
c) Subordination. This Agreement is subject and subordinate to NIMBLE’s Lease with the landlord of the Location and to any mortgages or other agreements now or hereafter affecting the Building or the Location. The Member(s) agree to execute any further instruments which NIMBLE deems necessary or desirable to affect the subordination of this Agreement. In the event NIMBLE transfers its interest in the Business or the Location: (i) NIMBLE shall have the right to transfer the Service Retainer to the transferee; (ii) NIMBLE shall thereupon be released by the Member Company from all liability for the return of the Service Retainer; and (iii) the Member Company agrees to look solely to the transferee for the return of the Service Retainer. The Member Company shall not assign or encumber or attempt to assign or encumber the Service Retainer.
d) Extraordinary Events. NIMBLE will not be liable for, and will not be considered in default or in breach of this Agreement on account of, any delay or failure to provide the Services or otherwise perform its obligations under this Agreement as a result of any causes or conditions that are beyond NIMBLE’s reasonable control, including but not limited to political unrest, strikes, terrorism, pandemics, Acts of God, weather events or other events beyond the reasonable control of NIMBLE or the landlord of the applicable location. This Agreement shall automatically terminate if the Workspace or Location is rendered unusable as a result of a fire, or other casualty. As between NIMBLE and the Members, all insurance proceeds shall be retained by and belong to NIMBLE. NIMBLE may also suspend the provision of Services (including access to the Workspace) in the event the Workspace, Location or the Building is being renovated or repaired, in which event the Members will be relocated to another space within the Building, all at NIMBLE’s reasonable cost.
e) Notices. Any notice to be given under this Agreement shall be in writing and shall be delivered in person or sent by email, addressed to the parties at the Location,: if to NIMBLE, frontdesk@nimbleworkspaces.com and if to the Member(s), the On-Site Contact or the Authorized Signatory’s email address listed in the Membership Information Form. Each party may designate in writing any other email address to which such party’s notice is to be sent. Any notice shall be deemed given upon delivery if in person or when sent if by email with evidence of transmission thereof.
f) No Broker. Other than previously agreed upon in a written agreement by and among NIMBLE, the Member Company and a broker, you hereby represent that you did not have any dealings with any broker in connection with this Agreement. The Member Company agrees to indemnify, defend and hold NIMBLE harmless from any claim, loss, liability or expense incurred by NIMBLE arising from a breach of the forgoing representation.
g) Damage. NIMBLE will not be liable for, and the Member(s) hereby waives all right of recovery against NIMBLE for, any damage or claim with respect to any injury to person or damage to or loss or destruction of any property of the Member, its employees, agents, guests and invitees due to any act, omission or occurrence in or about the Location or the Building. The Member Company and the Team Member(s) agree to indemnify, defend, protect and save NIMBLE harmless from and against all claims, damage, loss, and liability to third parties arising out of the Member(s) use of the Location or actions or omissions of any Member(s), its employees, agents, guests, invitees and pets. The Member(s) further agrees that all property of the Member(s) within or about the Location or the Building shall be at the sole risk of the Member(s).
h) Attorney Fees. If NIMBLE employs an attorney to enforce any of the terms or provisions of this Agreement, including without limitation the collection of the Membership Dues or remove a Member from the Location, the Member Company agrees to pay all expenses incurred including reasonable legal fees.
i) Governing Law. This Agreement and the transactions contemplated herein shall be governed, construed and interpreted by, through and under the laws of the State of Texas, without regard to any conflicts of law provisions thereof. Any dispute, controversy or claim that cannot be settled between the parties amicably shall be settled by arbitration.
j) Binding Effect. The covenants, obligations and conditions herein contained shall be binding on and inure to the benefit of the heirs, legal representatives, and permitted successors and assigns of the parties hereto.
k) Descriptive Headings. The descriptive headings used herein are for convenience of reference only and they are not intended to have any effect in determining the rights or obligations of the parties.
l) Non-Waiver. All waivers must be in writing and signed by the waiving party. NIMBLE’s failure to enforce any provision of this Agreement or its acceptance of any payments shall not be deemed a waiver and shall not prevent NIMBLE from enforcing any provision of this Agreement in the future. No receipt of money by NIMBLE shall be deemed to waive any default by the Member(s) or to extend, reinstate or continue the Term.
m) Entire Agreement. This is the only Agreement between the parties with respect to the subject matter hereof, and no other agreements are effective with respect to the subject matter hereof. NIMBLE has the right to update this Agreement and the House Rules and notice shall be sent to you of such updates. You will be deemed to have accepted such updates following the completion of one full calendar month after the date of notice.
n) Modifications. This Agreement shall not be modified, changed, altered or amended in any way except by a written document signed by both parties hereto or as otherwise provided in this Agreement.
o) Survival. Any term of this Agreement that expressly or by their nature are intended to survive any expiration or termination of this Agreement shall so survive.
p) Credit Report. The Member(s) acknowledge that NIMBLE may use a Member’s information to run certain searches in order to confirm the Member’s information and to determine the Member Company’s creditworthiness, which search may or may not affect the Member Company’s credit report.
q) Disclaimer. Except as provided herein and in the House Rules, NIMBLE is providing the Services and Workspace to the Members “as is”, and NIMBLE disclaims any and all other representations and warranties with respect to the Services and Workspace, whether express or implied, including implied warranties of title, merchantability, fitness for a particular purpose or non-infringement. NIMBLE cannot and does not guarantee and does not promise to any Member, any specific results from use of the Services, Workspace and Location. NIMBLE does not represent or warrant that the Services, Workspace or Location will meet your requirements.
r) Liability. In no event will NIMBLE or the landlord of the Location or their respective directors, employees, agents, affiliates or suppliers be liable to a Member or any party claiming through a Member for any indirect, consequential, exemplary, incidental, special or punitive loss or damages including for any lost profits, lost data, personal injury or property damage, of any nature whatsoever, arising from the Member’s use of the Services, Workspace or Location, or any content or other materials on, accessed through or downloaded via NIMBLE’s high-speed internet service or website, even if NIMBLE is aware or has been advised of the possibility of such damages. Notwithstanding anything to the contrary contained herein, and to the maximum extent permitted by applicable law, NIMBLE’s liability to Members or any party claiming through a Member, for any cause whatsoever, and regardless of the form of the action, is limited to the amount paid for the Services, three (3) months prior to the initial action giving rise to liability. This is an aggregate limit. The existence of more than one claim hereunder will not increase this limit.
HOUSE RULES
Location: 250 Assay Street, Suite 300, Houston, Texas 77044
House rules must be followed by all Members and their employees and guests. These rules are intended to ensure that every Member and guest enjoys their time at NIMBLE.
No smoking on the premises. If you must light up, please go outside and stand at least 25 feet away from our doors.
Our Community Managers are here to help you and sign for packages during normal office hours, Monday through Friday, from 9:00am to 5:00pm. Packages are to be picked up from the Community Manager the same day as arrival.
Our offices are designed to accommodate a specific number of people. Exceeding that number is not permitted. Example: a six-desk office provides working space for a maximum of six people.
Please be considerate of other members in shared spaces, i.e. kitchen, washrooms, corridors, huddle rooms, and conference rooms. Please clean up after your meetings as well - conference rooms should be left ready for another member’s use.
Please set your phone ringers to low volume or vibrate: you should only be able to hear it if you are sitting at your desk. Please be mindful of how loud you may be while talking on the phone as well, especially in our open-air and coworking areas. Please refrain from using your speaker phone and proper etiquette for web-conferences and video calls is headphone use.
Non-employees are not allowed into the Workspaces unaccompanied by a Community Manager or Member. We must be introduced to new hires as well as get a scanned copy of their ID. We also need to be notified about computer tech people who may need to get access periodically, as well as a scan of their ID.
Children are welcome for an occasional visit to the space. Since we are a space to work for many, we ask that children are quiet and supervised at all times within their guardian’s office. When play extends into the hallways and common areas, it becomes a distraction for other members.
Only regular office trash can be disposed of. Members are required to ask permission before disposing bulk items, or irregular trash. Disposal fees will be passed on to the Member for all irregular discarded trash.
Candles are not permitted under any circumstances. This goes for any and all exposed flames of any kind.
Members are prohibited from bringing in Kitchen appliances such as refrigerators, toasters, toaster ovens, and hot plates.
We encourage you to make your space your own, but all decorations that require removal such as paint, whiteboards, decals, etc., require prior written approval from your Community Manager. You may not block the glass under any circumstances - it is important that we allow the light to pass through the building! However, Private Workspace Members may request from your Community Manager that a frosting decal be installed by NIMBLE maintenance staff on the glass for some privacy. The frosting decal will be installed between 30 inches and 64 inches from the floor. If NIMBLE determines, in its sole discretion, that any of your decorations or items placed within the Workspace are not consistent with the overall aesthetic of the Location, you will be asked to promptly remove such items.
NIMBLE provides Members with $10.00 worth of printing and copying (combined) per month, per desk. Overages will be billed back to the Member at the rate of $.05 per page of black and white and $.15 per page of color. This is not a profit center for us - we are simply passing along the service charges.
Members need to specify the approximate duration when booking a conference room. Conference room use is limited.
There will be a $25.00 replacement fee for each lost key card.