Terms of Service

Effective Date: 1-1-2025

These Terms of Service (“Terms”) govern your use of the facilities, services, websites, membership, bookings, and other offerings (collectively, the “Services”) of BKLYN Commons (“Company”, “we”, “us”, or “our”). By accessing or using our Services, you agree to these Terms. If you do not agree, you must not use the Services.

1. Definitions

Member means an individual or legal entity who has entered into a membership agreement with the Company for access to coworking space, office space, virtual office, meeting rooms, day-passes or other related services.

Guest means a person who uses the Services (including one-day passes or event rental) but is not a Member under a long-term membership agreement.

Facilities means the physical location(s) operated by the Company (e.g., 495 Flatbush Ave, Brooklyn, NY 11225 and any other locations).

Website means all online websites of the Company (including bklyncommons.com and any affiliated portals).

Booking means a reservation of meeting room, event space, day pass or other time-based use of our Facilities.

Membership Agreement means the contract between the Member and the Company governing the terms of the Member’s access to the Facilities and Services.

2. Acceptance of Terms

By using the Services (including by signing a Membership Agreement, booking a day pass, or entering the Facilities), you accept these Terms and agree to comply with them. These Terms form part of (and work together with) any membership agreement or booking agreement you have with us. If there is a conflict between these Terms and your Membership Agreement or Booking, the Membership/Booking controls to the extent of the conflict.

3. Membership, Access and Use of Facilities

The Member shall abide by all rules, policies and procedures established by the Company from time to time (including security, access, safety, conduct, and use of shared spaces).

The Company grants access rights to the Member (or Guest) to the Facilities during the terms defined in the Membership Agreement or Booking. Access may include 24/7 entry, subject to security protocols and technology (for example, touchless access via Kisi).

The Member and Guests shall use the Facilities in a lawful, safe and respectful manner. The Member is responsible for all Guests they bring into the Facilities.

The Company may revoke or suspend access rights if you violate these Terms, Policies, or engage in misconduct, or if we reasonably believe there is a threat to safety or property.

4. Booking and Payments

For bookings of meeting rooms, event space, day-passes or other time-based services, you must pay all applicable fees and surcharges via the payment method specified by the Company.

Membership fees, deposits and any other charges are due as described in your Membership Agreement or Booking confirmation. Late payments may incur interest, late fees or suspension of access.

Refunds, cancellations and rescheduling for bookings are subject to our cancellation policy as described in the Booking confirmation or on the Website.

5. Conduct, Rules and Shared Spaces

You agree to behave professionally and respect the rights, dignity and comfort of other Members, Guests, staff and visitors.

You shall not damage, deface or misuse the Facilities or equipment (including technology, furnishings, whiteboards, sound/lighting gear, etc).

Use of the Facilities for illegal or unethical purposes is strictly prohibited.

The Company may adopt additional policies (e.g., for events, rentals, cleaning, safety, food and beverage, noise levels) and you agree to comply with them.

6. Intellectual Property

All content on the Website, marketing materials, logos, text, graphics and images are the property of the Company or its licensors and are protected by intellectual property laws.

Members and Guests may not reproduce, modify, distribute or otherwise exploit the Company’s intellectual property except as expressly permitted by us in writing.

7. Privacy

Our collection and use of your personal data is governed by our Privacy Policy. By using the Services you consent to such data collection and use as described in the Privacy Policy.

8. Disclaimers and Limitation of Liability

Disclaimer of Warranties: To the maximum extent permitted by law, the Company provides the Services “as is” and “as available”, without warranty of any kind, either express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, or non-infringement.

Limitation of Liability: To the maximum extent permitted under applicable law, the Company’s total liability to you (whether in contract, tort, negligence, strict liability or otherwise) shall not exceed the amount of fees you paid to us in the three (3) months prior to the claim. Under no circumstances will the Company be liable for indirect, incidental, consequential, special or punitive damages (including loss of profits, business interruption, loss of data) even if we had been advised of the possibility of such damages.

9. Indemnification

You agree to defend, indemnify and hold harmless the Company, its affiliates, owners, employees, agents and representatives from any claim, liability, loss, damage, cost or expense (including reasonable attorneys’ fees) arising out of or related to: (i) your use of the Services or Facilities; (ii) your breach of these Terms or any other policy or agreement with the Company; or (iii) your negligence or willful misconduct or that of your Guests.

10. Termination and Suspension

We may terminate or suspend your access to the Services or Facilities with or without cause and with or without notice, at our discretion.

If you are a Member, termination or expiration of your Membership Agreement does not relieve you of any obligations or liabilities that arose before termination.

Upon termination, you must vacate the Facilities promptly, return any access cards/keys, and pay all outstanding fees.

11. Changes to Terms

We may update these Terms at any time by posting a revised version on our Website or otherwise notifying you. Your continued use of the Services after changes become effective constitutes your acceptance of the updated Terms. Please check regularly for updates.

12. Governing Law and Dispute Resolution

These Terms are governed by and construed in accordance with the laws of the State of New York (without regard to conflict of laws rules).

Any dispute, claim or controversy arising out of or relating to these Terms or the Services shall be submitted to the exclusive jurisdiction of the state or federal courts located in Kings County, New York, and you consent to personal jurisdiction and venue in those courts.

13. Severability and Waiver

If we do not enforce any provision of these Terms, this will not constitute a waiver of our right to enforce that or any other provision later. If any provision of these Terms is invalid or unenforceable under applicable law, it will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible and the remaining provisions will continue in full effect.

14. Entire Agreement

These Terms (together with any Membership Agreement, Booking confirmation, policies, rules and the Privacy Policy) constitute the entire agreement between you and the Company regarding the subject matter hereof and supersede any prior or contemporaneous oral or written agreements, communications or proposals between you and us.

15. Contact Information

If you have any questions about these Terms, please contact us at:

BKLYN Commons
495 Flatbush Ave
Brooklyn, NY 11225
Phone: (718) 989-5700
Email: info@bklyncommons.com

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