Certification, Insurance, and Liability Terms

It’s not the most fun part, but these are essential details to protect you, me, and everyone.

I promise, I minimized the legal language as much as my attorney would allow.

(And again -- this is presented for the folks who really want to know all the details sooner than later. You aren't required to read all this until you're ready to sign a coworking agreement, so proceed with self-care in mind, OK?)

Concerns about this part? Let's talk it through.

Certification & Insurance

Member certification: You guarantee that you hold and will maintain any certifications or licenses required by law for any services you provide at Raleigh Unrushed.

Member insurance: You are required to maintain, regardless of certification, your own professional liability insurance coverage of at least [AMOUNT]. The policy must list Raleigh Unrushed, Unrushed Inc., and ACME Steel as coinsured. Proof of such insurance must be provided at the signing of your Coworking Agreement and at each policy renewal.

Property, renters, and business interruption insurance: I recommend but do not require that you maintain insurance on any personal property that you use and/or store in the premises and that you add business interruption insurance to your policy. Raleigh Unrushed will have no liability for the loss, theft, or damage of your personal property for any reason or under any circumstances. Raleigh Unrushed, Unrushed, Inc. and ACME Steel will have no liability to you for any interruption of your business. You agree not to hold or seek to hold Raleigh Unrushed, Unrushed, Inc. and ACME Steel or their owners, members, employees, or guests responsible for the loss, theft, or damage of your personal property.

Liability

Liability waiver: You agree to have all clients sign the provided liability waiver [MOU1] before any class. You may also choose to use your own liability waiver, as long as your waiver indemnifies you, Raleigh Unrushed, Unrushed Inc., and ACME Steel (the building owner).

Indemnification: You agree to indemnify and hold harmless Raleigh Unrushed, Unrushed Inc., and ACME Steel (“Indemnified Parties”) from any claims, damages, or injuries arising out of your use of the coworking space, including any claims made by clients or third parties. To the maximum extent permitted by applicable law, in no event shall the Indemnified Parties or their affiliates, members, representatives, or employees, 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, failure to meet any duty (including of good faith or of reasonable care), 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 services, the provision of or failure to provide services, or otherwise under or in connection with any provision of your membership agreement, even in the event of the fault, tort (including negligence), strict liability, breach of contract or breach of warranty of the Indemnified Parties and even if any of the Indemnified Parties has been advised of the possibility of such damages.

Force Majeure: Raleigh Unrushed, Unrushed Inc, and ACME Steel will have no liability to you for the unavailability of the Premises or for disruptions of services due to any causes not within the reasonable control of Raleigh Unrushed, Unrushed Inc., and ACME Steel including, without limitation, acts of God, fire, flood, earthquake, explosion, accident, weather, environmental contamination, strikes, lockouts, work stoppage, labor disputes, failure of utilities (including internet or phone service), criminal acts, act of war (whether declared or not), hostilities, invasion, act of foreign enemies, terrorism or civil disorder, public health emergencies, acts of government, its agencies or officers, or any other cause.

Confidentiality and Transparency

Raleigh Unrushed agrees to make available to you any information relevant to the determination of your membership rates and the space operational costs. Both parties agree to keep any confidential information obtained during the term of membership, including business strategies, financial information, or any proprietary information about each other’s business, confidential.

Dispute Resolution

In the event of any disputes, the parties agree to attempt to resolve the issue through informal negotiations. If a resolution cannot be so reached, the parties agree that any dispute, claim, or controversy arising out of or relating to this Agreement, or the breach, termination, enforcement, interpretation, or validity thereof, shall first be submitted to mandatory mediation. Mediation shall be conducted in Wake County North Carolina, before a mutually agreed-upon mediator. The parties shall participate in good faith and share the cost of mediation equally. If the parties are unable to resolve the dispute through mediation within thirty (30) days after the mediation process is initiated, the dispute shall be submitted to binding arbitration administered by the American Arbitration Association (AAA) or another mutually agreed upon arbitration service, under its Commercial Arbitration Rules. The arbitration shall be conducted in Wake County, North Carolina, before a single arbitrator. Judgment upon the arbitration award may be entered in any court of competent jurisdiction.

Notwithstanding the foregoing, either party may seek temporary or preliminary injunctive relief from a court of competent jurisdiction if necessary to prevent immediate and irreparable harm pending the outcome of mediation and arbitration.

Each party shall bear its own costs and attorneys’ fees incurred in connection with mediation and arbitration, and the parties shall equally share the mediator’s and arbitrator’s fees, unless otherwise determined by the mediator or arbitrator.