Monthly Membership Agreement-Terms and Conditions
GENERAL TERMS. The Incubator for Innovation & Impact, a department of Concordia University Austin (“Concordia”), known hereinafter as "THE INCUBATOR" and located at 11400 Concordia University Drive, Austin, TX 78726. The following are the general terms this Membership Agreement (hereinafter "Agreement") as executed between THE INCUBATOR and a participant in the programs and services of THE INCUBATOR, known hereinafter as the "MEMBER", collectively the “Parties”.
GENERAL CONDUCT: MEMBER will comply with rules of and posted signs at THE INCUBATOR and on Concordia campus. MEMBER will be respectful of staff and fellow members. MEMBER will keep work area clean, maintain appropriate volume level, and work to strengthen the community by supporting fellow members when possible.
APPLICATION VERIFICATION & CRIMINAL HISTORY CHECK: MEMBER attests that all information MEMBER has provided in the membership application is true to the best of MEMBER’s knowledge. MEMBER agrees and consents to Concordia verifying any information provided in MEMBER’s application and to Concordia performing a Criminal History Check. Concordia reserves the right to deny access and/or terminate any MEMBER immediately based information revealed during its verification and criminal history check of MEMBER.
NO EMPLOYMENT RELATIONSHIP: By entering this Agreement and participating in the INCUBATOR programs and services, no employment relationship or partnership of any kind is created by this Agreement between the MEMBER and Concordia and/or INCUBATOR. MEMBER acknowledges and agrees MEMBER is not entitled to any employment benefits whatsoever.
PUBLICITY: MEMBER agrees to permit the INCUBATOR/Concordia to release relevant, non-proprietary information about MEMBER’s INCUBATOR membership for publicity use. This information may be used to promote the INCUBATOR and may be used in promotional materials intended for public release, such as a listing on the “members” page of the INCUBATOR/Concordia website.
TERM: The Term of this Agreement shall commence when MEMBER signs up online and shall continue for one year and is non-refundable.
PAYMENTS: MEMBER agrees to pay $3,500.00 upfront as Standard Member Fees and other applicable Service Fees, hereinafter, collectively referred to as “Fee Payments”, as specified on the “Invoices” tab of Cobot member portal as agreed between MEMBER and THE INCUBATOR.
All Fee Payments are payable on the 1st day of each month, and are delinquent on the 5th day of each calendar month. A late charge equal to 10% of such Fee Payments, or $25, whichever is greater, shall be due and payable, if Fee Payments are paid late.
TERMINATION WITHOUT CAUSE: Either Party may terminate this Agreement by giving 60 days’ written notice to the other in advance of the one-year anniversary of enrollment. Should the INCUBATOR terminate pursuant to this section, notice to MEMBER will be made to the signin email address provided at INCUBATOR sign up. MEMBER’s 60 days’ notice may be sent by email to this address: firstname.lastname@example.org.
TERMINATION FOR CAUSE: INCUBATOR/Concordia reserves the right to immediately remove MEMBER from Concordia property and/or immediately terminate this Agreement for any violation of law, alleged or proven, and/or INCUBATOR/Concordia Policy. If this Agreement is terminated for cause, Fee Payments already paid will not be prorated and/or refunded.
NON-DISCRIMINATION: The Incubator for Innovation and Impact, as a part of Concordia, strives to maintain a living, working, and learning environment that is free from discrimination, harassment, sexual violence, and other forms of mistreatment. Mistreatment of any employee, student, or visitor of Concordia or of any other person associated with the university is contrary to the religious and moral tenets and the mission of Concordia. The university prohibits harassment and discrimination on the basis of gender, race, color, religion, age, national origin, disability, genetic information, military or veteran status, and any other basis protected by law. All MEMBERS are required to comply with Concordia’s policy of non-discrimination, which include compliance with Title IX, Title VI, the Americans with Disabilities Act, the Age Discrimination Act, and Section 504 of the Rehabilitation Act.
POLICY COMPLIANCE: All participants in the Concordia Incubator for Innovation and Impact are required to comply with all Concordia policy and handbooks applicable to students which can be found on Concordia University Texas’s website and may be developed by the INCUBATOR.
LEGAL COMPLIANCE: MEMBER agrees to comply with all federal, state and local laws, including the Family Educational Rights and Privacy Act (FERPA), as applicable with respect to MEMBER’s participation in the INCUBATOR programs and services.
INDEMNIFICATION: MEMBER SHALL DEFEND, INDEMNIFY, AND HOLD CONCORDIA, ITS OFFICERS, TRUSTEES, AGENTS, AND EMPLOYEES HARMLESS FOR, FROM AND AGAINST ALL CLAIMS, INCLUDING INTELLECTUAL PROPERTY CLAIMS, COSTS, DAMAGES, EXPENSES, AND LIABILITIES (INCLUDING REASONABLE ATTORNEYS’ FEES AND COURT COSTS) INCURRED BY CONCORDIA WITH RESPECT TO ANY CLAIM ARISING OUT OF MEMBER’S PERFORMANCE OF HIS/HER OBLIGATIONS UNDER THIS AGREEMENT AND PARTICIPATION IN THE INCUBATOR, MEMBER’S BREACH OF ANY PROVISION CONTAINED IN THIS AGREEMENT, NON-COMPLIANCE WITH ANY APPLICABLE LAW, OR ANY ACT OR OMISSION OF MEMBER OR ANY ITS EMPLOYEES, AGENTS, OFFICERS, DIRECTORS, OR SUBCONTRACTORS IN CONNECTION WITH MEMBER’S INCUBATOR PARTICIPATION OR THEIR PRESENCE ON CONCORDIA’S PROPERTY; PROVIDED, HOWEVER, THAT MEMBER SHALL NOT INDEMNIFY, DEFEND, OR HOLD CONCORDIA HARMLESS FROM ANY CLAIMS, COSTS, DAMAGES, EXPENSES, AND LIABILITIES THAT ARISE SOLELY OUT OF THE ACTIONS OR OMISSIONS OF CONCORDIA. THESE OBLIGATIONS TO INDEMNIFY, DEFEND AND HOLD HARMLESS SHALL SURVIVE EXPIRATION OR TERMINATION OF THIS AGREEMENT.
In defending Concordia for or from an indemnified claim, MEMBER, at its own expense, shall provide Concordia and its officers, trustees, agents and employees with a competent, diligent defense in accordance with this Agreement. MEMBER is to engage counsel reasonably acceptable to Concordia to conduct the defense. Concordia, at its own expense, may engage separate counsel to monitor a defense provided by Concordia, and in such event, MEMBER shall instruct counsel it engages for the defense to reasonably cooperate with Concordia’s monitoring counsel.
DISPUTE RESOLUTION: If a dispute arises out of this contract, and if the dispute cannot be settled through negotiation, the parties shall first to try in good faith to settle the dispute by mediation before resorting to arbitration, litigation, or some other dispute resolution procedure.
ATTORNEYS’ FEES: In the event that any action or proceeding is brought to enforce any term, covenant, or condition of this Agreement, the prevailing party shall be entitled to recover reasonable attorneys’ fees and court costs.
GOVERNING LAW & VENUE: The terms and conditions contained in this Agreement shall be governed and controlled by the laws of the State of Texas. Both Parties agree that the sole proper venue for any disputes arising under this Agreement shall be in the state or federal courts situated in Travis County, Texas.
MEMBERS DECLARATION & PAYMENT DETAILS: Before signing this Agreement, I, MEMBER, have read, understand and hereby agree to all of the the terms and conditions of INCUBATOR membership, as defined this Agreement; and know that it affects my legal rights.
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