Legal Agreement: Terms of Service
This membership agreement is entered into by and between Kaldera Collective LLC, DBA THE SANDBOX Paso Robles. having an address of 1345 Park Street Paso Robles, California 93446 (“Sandbox Paso Robles”, “Sandbox Paso”, “we”, “us”, “our”), and Member as specified above.
THE SANDBOX Paso Robles was created to foster and support a shared office space and coworking community by providing its members with office space, work stations, tables, office equipment, chairs, Internet connectivity, and other resources and services (known as, the “Services” and/or “Premises”) for a fee. Members seek the “Services” which THE SANDBOX Paso Robles offers for a fee. By joining THE SANDBOX Paso Robles, our members agree to certain rules for our community (“Rules of THE SANDBOX Paso Robles” or “Rules”). The goal of a community such as THE SANDBOX Paso Robles is to help each of us do our best work, and build great businesses, so we should be considerate of each other, play well together, and follow the Rules ofTHE SANDBOX Paso Robles. If one of us doesn’t follow the Rules, it affects all of us, and as a condition to membership, we each agree to abide by this Membership Agreement (“Agreement”).
You acknowledge that you are participating in or using the Services at your own free will and decision. You acknowledge that THE SANDBOX Paso Robles does not have any liability with respect to your access, participation in, use of the Services, or any loss of information resulting from such participation or use.
Any questions about this Agreement or any rules not covered here, should be addressed by email to email@example.com
Otherwise, here are the Rules of THE SANDBOX Paso Robles which all members, including you, agree to:
COVID-19 Agreement (Updated February 22, 2022)
San Luis Obispo County and the State of California have recently dropped mask madates for businesses. With our variety of uses, and our shared spaces, we will be implementing the following rules for the space, favoring science and the advice of health specialists and the CDC.
Each time you enter THE SANDBOX Paso Robles premises you are agreeing that you are not exhibiting signs of fever or COVID-19, or that you have exhibited signs of COVID-19 within 24 hours prior to entering the building. You are also confirming that you have not been in contact with anyone in the last 14 days who has had a fever or symptoms of COVID-19.
You also agree that if you are sick, or showing signs of being ill whether COVID-19 related or not, that you will NOT enter THE SANDBOX Paso Robles even if you are vaccinated for COVID.
IF YOU ARE NOT VACCINATED please consider getting vaccinated.
IF YOU ARE NOT VACCINATED you also agree to wear a facemask/face covering in ALL LOCATIONS in THE SANDBOX including on the coworking floor. ALL LOCATIONS means EVERYWHERE in THE SANDBOX, and as soon as you enter the door.
Note that unvaccinated people MUST Wear a mask inside of all businesses operating in Paso Robles County, and THE SANDBOX is no exception.
Behave well and treat others the way you would want to be treated. Keep in mind that people who are annoyed or offended may not tell you so directly, but instead engage less with THE SANDBOX Paso Robles, which hurts everybody. At our sole discretion, or upon notice from other members, disruptive or abusive language or behavior will result in a warning and a mark against your membership (a “strike”). On the third strike, your membership will be revoked. Your membership may be revoked prior to the third strike upon our sole discretion. These are the general rules we ask you to abide by:
- Respect the space and leave it as you find it. If you move things around, then return them to their original spot and please tidy up after yourself.
- Indoor voice. We are all trying to get work done, so try to be mindful and respectful of others’ attention and time. Generally, if someone has their headphones on, please respect their privacy. THE SANDBOX Paso Robles is not a library, and collaboration is encouraged, but this is a workplace, first and foremost.
- Phone calls. If you have a phone call and it will last just a minute or two, feel free to take it in the common areas. If you are going to be on the phone for more than that, please use a designated phone area, a conference room (you’ll need to book it), or step outside and take a walk. The designated phone areas and phone booths exist so that you and your fellow coworkers could have some privacy and avoid the mental oddity of hearing half of a conversation. Please do not, and we mean ABSOLUTELY DO NOT take any conference calls on speaker phone in the coworking space. If you need to take a call or conference call were you need to be hands free, either use a headset, a phone booth, or book a conference room. Multiple voices adds to the noise in the space.
- Harassment. We have zero tolerance for harassing our members or guests of THE SANDBOX Paso Robles. Members or guests found in violation of this will be sanctioned or expelled from the space at our sole discretion.
- Guests of Members. Feel free to invite friends or guests for lunch, or just to say hello. However, if your guest is going to be here for more than a 1/2 hour we would ask that they pay for a day pass. If they are getting online, they need to purchase a day pass. Guests are required to adhere to the Rules of THE SANDBOX Paso Robles.
THE SANDBOX Team is committed to creating a productive workspace for members.
THE SANDBOX team acknowledges that working parents may need some flexibility in the care for older children. To assist with this, Children of coworking members are allowed “free visits” to their parents for up to 30 minutes per occasion. They must sit quietly with the parent and must respectfully follow the community standards.
THE SANDBOX team is also aware that life’s visits don’t always fit neatly into a 30 minute period. To assist with this, and like all guests, a member can purchase a visiting day pass for their children ( aged 2-18) at current day pass rates. However, our intentions are not to become a daycare or after school alternative, so we are limiting the purchase of day passes for children to two per member per month. We much rather see kids outside exploring nature with their peers.
Children of members with offices or dedicated desk memberships can visit with their parents at any time, for any length of time, provided they are in the office or desk space with their parents, and not roaming freely around the coworking space. Parents must be on site with their children at all times.
Unfortunately Pets are NOT allowed at THE SANDBOX Paso Robles.
- Desk Use
Semi-Private and Private Desks: The desk space is yours to use, and will be occupied solely by you during the time of your membership. Please feel free to add your personal items to your desk, but refrain from marking on or destroying the desks in any way (this includes stickers).
Coworking Tables and Desks: Please do not leave property on the desks or around the desks when you will not be working there that day. Take home what you bring in, or know that it will go in the Lost & Found. Leaving items on desks will result in a strike.
You are welcome to add additional items to your office, but please check with THE SANDBOX before hanging things from the wall, or plugging in things like a heater, fan refrigerator, or a crypto currency mining rig.
Please feel free to add your personal items to your desk, but refrain from marking on or destroying the desks in any way (this includes stickers).
Your office, or desk space, is for you and if part of your membership, one other person to use. Your office space is not a meeting room. While occasional one hour meetings with your team and clients are ok, your office space is not a place for multi-hour, or all day meetings with other people, guests or clients.
Why? Think of it this way...If your office neighbor is trying to get work done, and you are having an all day conversation with 3 or more other people, it’s similar to that neighbor that throws parties all night when you need to get some sleep, binge watch the latest series, or read that incredible novel. Collaborating guests for over an hour need to be part of a meeting room booking.
To this end, we have created meeting rooms in the building near the kitchen (a typically louder part of the building) for the purpose of your hosted meetings with others, including company members not part of your membership, guests, clients, collaborators, partners, etc.
- Refrigerator. Think of the refrigerator as a coworking space for food. The refrigerator is primarily for storing food for same-day consumption, beverages, and some occasional leftovers from events or meetings. If food is older than one week, it will be thrown out – container and all. Please take home your food and containers – keep the fridge smelling clean. A clear fridge also means more room to keep beer and coffee creamer stocked. Labeling your food will help us at least give you a heads up. We clean out the refrigerator every Friday. If it’s unidentified it will be composted, given to the homeless, or recycled.
- Alcohol Policy. We do not tolerate intoxication at THE SANDBOX. Be mindful, too, that your “quitting time” may not match up with everybody else’s schedule. Underage drinking is not tolerated and will result in immediate cancellation of membership. By joining THE SANDBOX Paso Robles You also agree to hold THE SANDBOX Paso Robles harmless of any wrongdoings, legal issues, malicious or harmful activities you may participate in on the premises or after leavingTHE SANDBOX Paso Robles.
- Beer and Wine. By agreeing to this membership you are also aware of the beer and wine that will sometimes be available at THE SANDBOX Paso Robles. As a member you also agree to hold THE SANDBOX Paso Robles harmless of any wrongdoings, legal issues, malicious or harmful activities you may participate in on the premises or after leaving THE SANDBOX Paso Robles.
- Overnight Use. We understand that our members may need to pull a late night of work every now and again. You’re invited to take advantage of your 24/7 Access (if provided with your membership). However, you can’t live here. Under no circumstances is sleeping at the space overnight (or at any time) allowed.
- Heat & Air Conditioning. The heat and air conditioning is on a schedule that makes sense for most people and may be controlled by the building. Please do not attempt to alter the thermostats. If the heat or air conditioning do not seem to be working, please notify us. Note that we don’t have central air conditioning… when the temperature gets above our normal Paso Robles postcard 70 degree days, the space DOES get hot. We are aware of this, and will do everything we can to help cool it. This includes: encouraging office with AC units to open their doors to share the cool air, utilizing a massive water cooler (swamp cooler) to cool the space, running the exhaust vents to suck out hot air as it rises, and opening and closing the rollup door to bring in cool air, or keep out hot air.
- Meeting Space and/or Meeting Rooms: Please be aware that the meeting rooms are not freely open to use. The rooms run on a booking system and require a payment by members, and the public to use. Or you can use the free time available with your membership.
- Reasonable Use. There are plenty of services thatTHE SANDBOX Paso Robles provides that are of a non-restricted nature including, but not limited to, Internet bandwidth, coffee, member events, printing, copying, and meeting/board room access. It is understood that these services are offered as a benefit of membership (some requiring additional fees) and are not a right. THE SANDBOX Paso Robles, in its sole discretion may limit access to these items, or charge a fee for them.
- Security. You will not compromise the building security or the security of the spaces therein and will ensure that all reasonable measures are taken to safeguard THE SANDBOX Paso Robles building, occupants and the occupants possessions. At no time should security locks be bypassed or left in an open position and external doors should never be propped open unless done so by a Sandbox manager. Member understands that THE SANDBOX Paso Robles monitors and tracks all activities using a variety of technologies including, but not limited to, video surveillance, access cards, internet access systems and intrusion systems; and agrees to such monitoring and tracking
2. THE SANDBOX Community
Believe in yourself, believe in others, and especially believe in the collaborative power of THE SANDBOX Paso Robles and Central Coast community. Network. Collaborate. Work hard. Create. Have fun. Improve. Be respectful. We also love ideas to make THE SANDBOX Paso Robles better and love to talk about them. We encourage you to give feedback whenever you’d like to.
3. Business Development Conduct
Don’t join THE SANDBOX Paso Robles because you are only interested in selling to other members. That includes multi-level marketing or promoting “get rich quick” schemes. We are about creative, collaborative and honest business at THE SANDBOX, so don’t bring anything else here. Violations of this will result in a strike, or in many cases a termination of your membership.
We will do our best to notify members of changes to the Rules and this Agreement and you’ll need to agree to these changes regularly through the Proximity system we use to manage THE SANDBOX. We will also keep an up-to-date copy of this agreement on our website at: https://members.thesandboxsb.com/legal/terms-of-service
When completed by the Member, this Agreement will be effective on the Start Date.
- If the Membership Period is designated as a “Monthly” Membership Period, then the “Term” of the Membership will begin on the Start Date specified above and will continue on a monthly basis, until terminated by a party in accordance with these Terms and Conditions.
- If the Membership Period as specified above is designated as a “Daily” Membership Period, then the “Term” of the Membership will begin on the Start Date specified above and will terminate at the end of that day, or, if the Member elects to continue or extend the Membership, then this Agreement will continue for so long as the Member elects to continue the Membership and pay its Fees.
- If the Membership Period as specified above is designated as an “Other” type Membership Period, then the “Term” of the Membership will begin on the Start Date specified above and will terminate at the end of the Membership Period specified therein.
- This agreement is for an initial term as specified above and shall renew itself from month to month.
- In all events, any use by a Member of the Services shall be subject to the terms of this Agreement.
We collect fees for monthly memberships, day passes, conference rooms and any other charges through credit card or bank account billing. If you believe you have been billed in error, you should contact us before disputing the charge with your credit card company (they are usually easy to solve). You are expected to pay for all services up front. If payment is not made on time late fees will apply and this agreement may be terminated by the sole discretion of THE SANDBOX Paso Robles.
Membership is paid monthly, unless other arrangements have been agreed to by THE SANDBOX and a member.
- Termination by Member. Excluding Day Pass Members, any Member may terminate this Agreement at the end of the initial term or subsequent month to month renewal term by providing at least thirty (30) days’ prior written notice to us; provided, however, that only the last business day of a calendar month may be set as the termination date and the Member will not be entitled to any proration with respect to any Fees. For example, if the Member delivers a termination notice on August 15, the termination will not be effective until the last business day of September, and the Member will owe Fees due for the entire month of September.
- Termination by THE SANDBOX Paso Robles. We may immediately terminate this Agreement, including, without limitation, the Membership and access to the Premises, by written notice to you (email to suffice), upon breach of this Agreement by you, or at any other time for convenience, when we, in our sole discretion, see fit to do so. Members will remain liable for past due amounts and we may exercise our rights to collect due payment despite termination of this Agreement. Beyond those day-to-day rules, you agree not to use THE SANDBOX Paso Robles for any purpose that is unlawful, prohibited, or that could damage, disable or impair any of THE SANDBOX Paso Robles’s property, or keep other members from using THE SANDBOX Paso Robles’s property, or that would hurt THE SANDBOX Paso Robles as an ongoing business. This also means you won’t attempt to gain access to any computer systems or networks of THE SANDBOX Paso Robles (beyond general web access), or attempt to obtain any materials or information not intentionally made available to all members. You will also not attempt to obtain any materials or information from other Sandbox Paso Robles members. If you attempt to do any of these bad things, your membership may be terminated immediately.
- Removal of Property. Prior to the termination or expiration of this Agreement, you will remove all of your property from the Premises. After providing reasonable notice (email to suffice), we will be entitled to dispose of any property remaining on the Premises without any obligation to store or return such property, and you waive any clams or demands regarding such property or our handling of such property. You will be responsible to pay any fees reasonably incurred by us regarding such removal. Following the termination or expiration of this Agreement, we will not forward or hold mail or other packages delivered to us.
- We understand sometimes your plans may change. However, because of the demand for our meeting rooms, we do not refund meeting room bookings. We can rebook your scheduled meeting room reservation or give you a credit for a future date up to 48 hours before your scheduled meeting time. However, within 48 hours we are unable to rebook, or refund the payment for a scheduled meeting if you decide to cancel.
You also agree not to use THE SANDBOX Paso Robles in connection with:
- Contests, pyramid schemes, chain letters, junk email, spamming or similar annoying behavior;
- Defaming, abusing, harassing, threatening or otherwise violating the legal rights (such as privacy and publicity) of others;
- Posting, distributing or disseminating inappropriate, profane, defamatory, obscene, indecent, or unlawful material or information;
- Uploading, reproducing, using, performing or otherwise making available, images, software or other material or information which infringes another’s rights, or is protected by intellectual property laws where you don’t own or license such rights; and
- Uploading or using files that contain viruses, corrupted files, or any other similar software or programs that may damage the computers or property of THE SANDBOX Paso Robles or another member.
- Storing illegal substances.
You acknowledge that during your membership at THE SANDBOX Paso Robles, you are going to be exposed to THE SANDBOX Paso Robles Confidences. “THE SANDBOX Paso Robles Confidences” means information (such as business information, trade secrets, technology, customers and prospects, and other secret stuff) disclosed by THE SANDBOX Paso Robles or by other members of THE SANDBOX Paso Robles (including through your keen observation) that is confidential or proprietary in nature and simply just or should just not be known by others. It’s plain and simple - you agree to keep confidential and not to disclose or use THE SANDBOX Paso Robles Confidences, you understand that they remain the exclusive property of whomever disclosed them, and you don’t acquire any rights to such confidences. If there are any problems or questions regarding this, please email firstname.lastname@example.org
Please don’t make defamatory or disparaging comments about THE SANDBOX Paso Robles or other members. Frankly, if you don’t have anything good to say, then keep it to yourself or let us know about it. We can probably fix it or at least talk about it. But please, try to resolve it politely and professionally by yourself first.
THE SANDBOX Paso Robles is also an event space. Because of the layout of the building, and because of the events we host we don’t think the events will be a distraction to members who may just want to focus on their work. However, keep in mind that The Sandbox and our community is driven by personal interaction and we feel that events are a great way for this to happen and for our members to connect, network and grow their business. To that end we will host events, produced by 1) THE SANDBOX, such as learning seminars, demo nights, member thank you parties, dinners, heath and wellness classes and coffee socials; 2) outside partner entity events; 3) and events produced by private organizations and individuals who rent the space for conferences, workshops, company meetings, company parties, wedding rehearsal dinners, photo-shoots, film shoots, audio recording sessions, product releases, etc.
12. Acknowledgement About Premises
You acknowledge that the Premises are or may be a part of another building or complex and you agree to abide by any rules and regulations applicable to tenants, visitors, or guests thereto and will otherwise conduct your activities in a manner that minimizes any disruption to the building or complex.
Neither THE SANDBOX Paso Robles nor its members will assume any liability to you with respect to your access to, participation in, use of THE SANDBOX Paso Robles, THE SANDBOX Paso Robles Services, or THE SANDBOX Paso Robles Premises or any loss of information or other property resulting from such participation or use. Basically, if you leave stuff here and it disappears, we are not liable (but we will certainly look into how it happened and work to prevent such losses).
THE SANDBOX Paso Robles will not assume liability for damages or injuries to members, clients, guests, or other parties that members may invite to THE SANDBOX Paso Robles. As a user, you are required to carry an appropriate Insurance Policy to cover your own equipment and liability while using our space and any other insurance you deem necessary or desirable. We would be glad to put you in touch with our insurance agent about a general liability policy, if this is of particular concern.
14. Photography & Quote Statement Release
To advance THE SANDBOX Paso Robles and its role in the community, THE SANDBOX Paso Robles regularly utilizes images and/or quotes/statements of THE SANDBOX Paso Robles’s programs, facilities, and members to feature in marketing and promotional materials. Your image and/or quote/statements/participation may be used in print and electronic media for THE SANDBOX Paso Robles, including but not limited to THE SANDBOX Paso Robles’s website, newsletters, press releases, and brochures. As such, you authorize THE SANDBOX Paso Robles to use your image and or quote/statement for any use THE SANDBOX Paso Robles deems appropriate in the promotion and marketing of THE SANDBOX Paso Robles. You understand that your quote/statement may be edited but will continue to reflect your original meaning. You understand that your name, credentials and company information may be identified. You fully discharge THE SANDBOX Paso Robles from any and all claims, monetary and otherwise, arising out of the use of your quote/statement. By signing the end of this agreement, you give permission to THE SANDBOX Paso Robles to use your photograph,image, and/or quote/statement as described above.
Legal types ask that the following sections be CAPITALIZED, which means you’re really supposed to pay attention (frankly, you’re supposed to pay attention to ALL these Rules of THE SANDBOX Paso Robles). Here goes:
- THE SANDBOX Paso Robles PROVIDES SERVICES “AS IS” AS A SERVICE AND NOT AS A LEASE OF REAL PROPERTY, AND DISCLAIM ALL WARRANTIES AND CONDITIONS, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR USE, TO THE EXTENT PERMITTED BY LAW. OH YEAH, THERE IS ALSO NO WARRANTY OF TITLE, QUIET ENJOYMENT OR POSSESSION. THE ENTIRE RISK OF PARTICIPATING IN OR USING THE SANDBOX Paso Robles SERVICES, REMAINS WITH YOU.
- IN NO EVENT SHALL THE SANDBOX Paso Robles OR ITS AGENTS, OWNERS, MEMBERS, OR EMPLOYEES BE LIABLE FOR ANY DIRECT, SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE, CONSEQUENTIAL OR OTHER DAMAGES WHATSOEVER (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOST 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 LOSS) ARISING OUT OF OR IN ANY WAY RELATED TO THE SANDBOX Paso Robles’s SERVICES OR OTHERWISE, TO THE EXTENT PERMITTED BY LAW.
Besides all of the CAPITALIZED text in the Disclaimer section above, you also release, and agree to indemnify, defend and save harmless THE SANDBOX Paso Robles, its agents, owners, members, contractors and employees, from and against all claims, liabilities, losses, damages, expenses, judgments, fines and penalties based on or arising out of your negligent actions, errors and omissions, willful misconduct or fraud, breach or violation of the Rules of THE SANDBOX Paso Robles or in connection with your participation in THE SANDBOX Paso Robles or use of THE SANDBOX Paso Robles’s Services.
Take note that you can’t assign this Agreement without the prior written consent of THE SANDBOX Paso Robles. Since THE SANDBOX Paso Robles is situated in the City of Paso Robles, we all agree that the law of the state of California governs this Agreement. And we further agree that exclusive jurisdiction and venue for all purposes under this Agreement shall be in Paso Robles, California and everybody consents to such jurisdiction and venue. Finally, in the highly unlikely event that any provision or portion of this Agreement is determined to be invalid, illegal or unenforceable for any reason, in whole or in part, the remaining provisions of this Agreement shall be unaffected and shall remain in full force and effect to the fullest extent permitted by law.
Any notices under this Agreement shall be delivered in person, by ground mail, email, or facsimile or other such service to the party at the address listed in this agreement. Any such notice shall be considered delivered upon delivery in person, by ground mail, email, or facsimile or other such service.
I hereby acknowledge that I have read and understood all of the terms and conditions contained in this Membership Agreement and further agree to be bound to the Membership Agreement regarding my participation in and use of the Services.