POLICY

Common Thyme’s practice is to maintain an environment free of discrimination and harassment of any kind. Decisions about access to our suites are made without regard to actual or perceived race, color, religion, creed, ethnicity, national origin, alienage, citizenship status, age, marital status, partnership status, disability, sexual orientation, gender (sex), military status, unemployment status, caregiver status, consumer credit history, prior record of arrest or conviction (except as permitted by law), predisposing genetic characteristics, or status as a victim of domestic violence, sexual offenses and stalking. In addition to Common Thyme’s practice, all users are required to review and accept the following terms and conditions before reserving use of the Co-working & Event Space.

TERMS & CONDITIONS

Common Thyme hereby grants to USER a limited and revocable license (the “License”) to, subject to and upon all of the terms, covenants, and conditions contained in this Agreement, use the Co-working & Event Space for the use specified in the USER Booking or Request Form completed by USER during the date and time specified, together with the right to use all other areas in and about the Common Thyme Premises (defined below) that are used in common with others including, without limitation, the lobbies, stairways, restrooms, delivery areas, and parking areas (collectively, the “Common Areas”). The License shall not, under any circumstances, be coupled with an interest in the premises having an address at 1 Wolfs Lane, Pelham, NY 10803 (the “Common Thyme Premises”). USER hereby agrees to comply with the terms, conditions and policies stated below:

A. USER understands and agrees that for events they are responsible for all participants in activities offered, as well as any staff, contractors or vendors of the USER providing the activity.

B. USER understands and agrees that no restrictions will be imposed on participants on the basis of actual or perceived age, race, color, religion, creed, national origin, alienage or citizenship status, sex, gender, sexual preference of sexual orientation, disability, marital status, partnership status, military status, or any other class protected from discrimination by Law.

C. USER accepts all responsibility for USER’s assumption of risk of injury, harm and loss associated with the use of the Co-working space and any activity conducted therein, including any injury, harm and loss caused by the negligence, fault or conduct of any kind on the part of Common Thyme or any Common Thyme affiliates. By this Agreement, USER accepts sole and exclusive responsibility for (1) providing participants with any legally-required notice(s); and (2) obtaining from participants (or their parents or guardians) any legally-required acknowledgements, permissions or waivers as may be required for the contemplated activity at the facility. If hosting an event, the USER also accepts responsibility for notifying event participants of participants’ assumption of risk of injury, harm and loss associated with the use of the Event Space and any activity conducted therein, including any injury, harm and loss caused by the negligence, fault or conduct of any kind on the part of Common Thyme or any Common Thyme affiliates. By this Agreement, USER accepts sole and exclusive responsibility for (1) providing participants with any legally-required notice(s); and (2) obtaining from participants (or their parents or guardians) any legally-required acknowledgements, permissions or waivers as may be required for the contemplated activity at the facility. This responsibility of USER includes, but is not limited to, the provision of any mandatory notices that must be provided regarding risks of participation and/or participants’ assumption of risks. USER further agrees to accept, assume, and be legally responsible for any and all liability related to providing such notices and obtaining such permissions, including but not limited to defending against all claims and paying for all damages, fees, and costs related thereto.

D. USER understands and agrees to all Common Thyme policies and procedures as follows:

(a) Cancellation: In the event that the USER must cancel co-working or an event, they are responsible for communicating with Common Thyme staff as soon as possible. If USER cancels Co-working less than 24 hours before the specified date and time, Common Thyme shall be entitled to retain the booking fee. If Common Thyme cancels co-working at any time, Common Thyme will refund the booking fee to USER. If USER cancels an event less than fourteen (14) days before the Event Date, Common Thyme shall be entitled to retain the Deposit. If Common Thyme cancels the Event at any time, Common Thyme will refund the Deposit to USER.

(b) Maintenance of rooms and program equipment: The Co-working and Event Space should be maintained in a clean and orderly condition. No defacing or vandalizing of property and equipment is allowed. The Co-working and Event Space shall, at the end of each day’s use, be returned to the condition in which USER found it.

(d) Smoking and Vaping; Open Flames: Smoking and vaping are strictly prohibited anywhere on the Common Thyme Premises. No BBQ or open flames are permitted on the Common Thyme Premises.

(e) Supervision of Children: All children must be accompanied by an adult and supervised at all times and in all spaces on the Common Thyme premises.

(f) Communications: Common Thyme has the right to review and approve any publicity materials before they are distributed to the public.

(g) Code of Conduct: The Common Thyme Statement of Mutual Respect (the “Conduct Code”) is policy for all Common Thyme programs. Any guest not adhering to the Conduct Code will be asked to exit the premises. The Conduct Code reads: Common Thyme strives to maintain an atmosphere in which all persons show respect for one another regardless of economic status, intellectual ability, race, creed, color, national origin, ancestry, religion, marital status, gender, sexual orientation or age. It is a place where respect will be accorded to all persons. Common Thyme staff, members and participants are expected to have respect for cultural differences; respect for the economic, political and social rights of others and respect for the right of others to seek and maintain their own identities. USER hereby agrees to adhere to the Conduct Code and notify all of USER’s guests and invitees of an event of the Conduct Code. USER acknowledges that Common Thyme reserves the right to exclude from the Common Thyme Premises any person that does not adhere to the Conduct Code. In such an event, USER shall not be entitled to any refund of the License Fee.

(h) Health & Safety Rules & Disclaimers:

(i) Participation includes possible exposure to and illness from infectious diseases including, but not limited to, COVID-19. While particular rules and personal discipline may reduce this risk, the risk of serious illness and death does exist;

(ii) Maximum number of persons allowed at the Co-working and Event Space will be subject to the most up-to-date New York State guidelines at the time of agreement. USER will be solely responsible for ensuring compliance with current guidelines;

(iii) USER and any guest or invitee of USER knowingly and freely assume all such risks related to illness and infectious diseases, including, but not limited to, COVID-19, even if arising from the negligence or fault of Common Thyme or any Common Thyme affiliates;

(iv) USER acknowledges and accepts that it is USER’s sole responsibility to provide a copy of the waivers hereunder to each of USER’s guests and invitees and to obtain acknowledgment from each of USER’s guests or invitees (or their parents or guardians) of their assumption of risk under (D)(h)(iii) above.

E. Indemnification

(a) USER hereby agrees to indemnify, defend, and hold harmless Common Thyme, any others listed as additional insured under insurance policies, and all of their employees, agents, officers, directors, representatives, contractors, consultants, and related companies against from any and all damages, liabilities, actions, suits, claims, costs (including reasonable attorneys’ fees), penalties, or expenses arising out of or in connection with, in whole or in part, directly or indirectly: (a) the occupancy or use of the Common Thyme Premises by USER, its employees, agents, representatives, contractors, consultants, guests and invitees or (b) any acts, errors, omissions, gross negligence or willful misconduct on the part of USER, its employees, agents, representatives, contractors, consultants, guests or invitees.

(b) In addition, USER agrees to reimburse Common Thyme for the cost of repairs and replacements pertaining to any damage of the Co-working and Event Space or Common Thyme Premises caused, in whole or in part, by USER, its employees, agents, representatives, contractors, consultants, guests or invitees. Common Thyme will notify USER of any such damage and USER shall have a reasonable opportunity to inspect such damage and any work or materials estimates for its remediation before Common Thyme proceeds with such remediation, provided, however, that if remediation is judged by Common Thyme to be of an urgent nature, Common Thyme may proceed with remediation prior to notifying USER or providing USER with an opportunity to inspect damage or materials estimates for remediation.

F. Permitted Use: USER is authorized, pursuant to the License, to use the Co-working and Event Space for the use described on the USER Booking Form or Event Form and for no other purpose, unless Common Thyme provides USER prior written authorization for additional permitted uses.

G. Access and Right of Entry: Common Thyme staff shall have the right to enter the Co-working and Event Space at any time, without the consent of USER, for any reasonable purpose, including any emergency that may threaten damage to the Co-working and Event Space, or injury to any person in or near the Event Space.

H. Revocation of License: Common Thyme shall have the right to revoke the License upon the occurrence of the following events: (a) nonpayment of the License Fee by the applicable due date or (b) breach of this Agreement by USER. In the case of either (a) or (b), Common Thyme may retain all amounts paid to Common Thyme as liquidated damages and not as a penalty.

I. Entire Agreement; Assignment: This Agreement constitutes the entire agreement between Common Thyme and USER, and supersedes any prior understanding, agreement or representation of any kind, whether oral or written, relating to the subject matter of this Agreement. This Agreement may not be assigned by USER without the prior written consent of Common Thyme