If at any time your membership includes access to space at Alma, you and Alma are also subject to
the rights and obligations set out in this Space Rider.
- While you subscribe to an Alma membership type that includes access to space at Alma,
Alma will use commercially reasonable efforts to provide you with the following additional
services generally made available to Alma Members with your same membership type (now
included in the “Services”). These Services will usually include:
Technology, including Alma’s scheduling technology to book rooms, schedule appointments and sent visit confirmations and reminders; and
Space, which comprises non-exclusive access to the common areas and reserved rooms at your Home Ofﬁce (as designated on your order form) and, if included in your membership type, other ofﬁce space owned or leased by Alma for use by its Members (together, the “Ofﬁce Space”), regular maintenance of and furnishings for the Ofﬁce Space, use of the Ofﬁce Space shared internet connection, printers, copiers and / scanners as available, heat and air-conditioning in the Ofﬁce Space during business hours, as deﬁned in our FAQ available at https:// www.helloalma.com/faq (“Regular Business Hours”), electricity for reasonable ofﬁce use, use of Ofﬁce Space kitchens and beverages, and acceptance of mail and deliveries on behalf of your business
during Regular Business Hours.
Lockers. Members may have the opportunity to pay for a dedicated locking cabinet located in a communal space, subject to availability. Members are solely responsible for, and take the risk of, the use of assigned locking cabinet. Alma takes no responsibility for items placed in locking cabinets or lockers.
Access to Reserved Rooms and Ofﬁce Space.
- Reserved Rooms. Alma understands that Members’ interactions and sessions with their
clients in reserved rooms during the reserved time (“Reserved Rooms”) within the Ofﬁce
Space (“Client Sessions”) are protected by federal and state conﬁdentiality laws.
Accordingly, we will use commercially reasonable efforts to avoid accessing or entering
the Reserved Rooms during a Client Session; however, Alma will be expressly permitted
to access the Reserved Rooms at any time, with or without notice, in the event that it
determines such access is necessary to ensure the safety of its Members or Alma’s staff, or
in any other circumstance reasonably determined to be emergent. When Client Sessions
are not occurring, we will have the right at any time to enter the Reserved Rooms for any
- Ofﬁce Space. In addition, we are entitled to access the entirety of the Ofﬁce Space outside Reserved Rooms, with or without notice, in connection with our provision of the Services, for safety or emergency purposes or for any other purposes. We reserve the right to alter the Ofﬁce Space, and we may temporarily move furniture contained in the Ofﬁce Space.
Ofﬁce Space Not Timely Available. If we are unable to make the Ofﬁce Space
available by your intended membership start date, you may terminate the Membership
Agreement, and Alma will refund any paid but unused fees.
Service Retainer. Upon submitting a signed and completed Agreement, you will be obligated to
deliver to us the service retainer set out on your order form (the “Service Retainer”). The Service Retainer will be held as a retainer for performance of all your obligations under this Agreement and will not be a reserve from which fees may be paid. Your Term will not begin until we receive the Service Retainer paid in full. We will return the Service Retainer, or any balance after deducting outstanding fees and other costs due to us, to you by bank transfer or other method that we communicate to you within thirty (30) days (or earlier if required by applicable law) after the later of (i) the termination or expiration of this Agreement and (ii) the date on which you provide to us all account information necessary for us to make such payment. Return of the Service Retainer is also subject to your complete performance of all your obligations under this Agreement, including any obligations applicable following termination or expiration of this Agreement.
- Additional Alma Right of Termination. We may withhold Services or immediately
terminate this Agreement upon termination, expiration or material loss of our rights in
the Ofﬁce Space (or any part thereof).
- Removal of Property Upon Termination. Prior to the termination or expiration of this
Agreement, you will remove all of your and your guests’ or clients’ property from the
Ofﬁce Space. After providing you with reasonable notice, we will be entitled to dispose
of any property remaining in or on the Ofﬁce Space after the termination or expiration
of this Agreement and will not have any obligation to store such property, and you waive
any claims or demands regarding such property or our handling of such property. You
will be responsible for paying any fees reasonably incurred by us regarding such removal
or disposal. Following the termination or expiration of this Agreement, we will not
forward or hold mail or other packages delivered to us.
Insurance. You are responsible for maintaining, at your own expense and at all times during the Term, personal property insurance and commercial general liability insurance each on an occurrence
form basis covering you for property loss and damage, injury to your guests, clients, or service
animals, and prevention of or denial of use of or access to, all or part of the Ofﬁce Space, each
in form and amount appropriate to your practice, provided that your general liability insurance
must have limits of liability at a minimum of one million dollars ($1,000,000) per occurrence and
two million dollars ($2,000,000) in aggregate. You will ensure that Alma and the landlord of the
Ofﬁce Space will each be named as additional insureds on any such policies of insurance and
that you waive any rights of subrogation you may have against Alma and the landlord of the Ofﬁce Space. You will provide proof of insurance upon our request.
- Nature of the Agreement; Relationship of the Parties. Your agreement with us is the
commercial equivalent of an agreement for accommodation in a hotel. The whole of the
Ofﬁce Space remains our property and in our possession and control. We are giving you
the right to share with us the use of the Ofﬁce Space so that we can provide the Services
to you. Notwithstanding anything in this Agreement to the contrary, you and we agree
that our relationship is not that of landlord-tenant or lessor-lessee and this Agreement in
no way will be construed as to grant you any title, easement, lien, possession or related
rights in our business, the Ofﬁce Space or anything contained in or on the Ofﬁce Space.
This Agreement creates no tenancy interest, leasehold estate, or other real property
interest. The parties hereto will each be independent contractors in the performance of
their obligations under this Agreement, and this Agreement will not be deemed to create
a ﬁduciary or agency relationship, or partnership or joint venture, for any purpose.
Neither party will in any way misrepresent our relationship.
- Subordination. This Agreement is subject and subordinate to our lease with our landlord
of the Ofﬁce Space and to any supplemental documentation and to any other
agreements to which our lease with such landlord is subject to or subordinate. However,
the foregoing does not imply any sublease or other similar relationship involving an
interest in real property.
- Brokers. You hereby represent and warrant that you have not used a broker or realtor
in connection with the membership transaction covered by this Agreement. You
hereby indemnify and hold us harmless against any claims arising from the breach of
any warranty or representation of this paragraph.
Extraordinary Events. Alma will not be liable for, and will not be considered in default or breach of this Agreement on account of, any delay or failure to perform as required by this Agreement as a result of any causes or conditions that are beyond Alma’s reasonable control, including without limitation (i)
any delays or changes in construction of, or Alma’s ability to procure any space in, the Ofﬁce Space,
and (ii) any delays or failure to perform caused by conditions under the control of our landlord at the