The District Terms and Conditions
The District is an entrepreneurial education and training program (the “Program”) provided and operated by Geekdom, LC, a Texas limited liability company (“we” or “us”). Geekdom, LC also manages a collaborative co-working space located at 110 E. Houston Street, San Antonio, Texas 78205 (“Geekdom”). The Geekdom Terms and Conditions are available at http://geekdom.com (the “Geekdom Terms”) and certain sections are incorporated into these Terms and Conditions.
Your participation in the Program is subject to the following terms and conditions (the “Terms”), your application for enrollment, incorporated sections of the Geekdom Terms, and any other document incorporated by reference or later issued by us to clarify or supplement these Terms or your rights as a participant in the Program (collectively with the Terms, Geekdom Terms, and your Application, we’ll call these documents the “Agreement”).
The Agreement is legally binding. For that reason, it’s a good idea for you to read these Terms before you participate in the Program. They will give you a sense of who we are, what we expect from you, and what you can expect from us. We’ve tried to write them in plain English and make them as straightforward as possible. However, sometimes the law requires us to say things using certain words or in a specific way, such as conspicuous all-cap text. The short version is this: We value integrity and education and we ask that you participate in The District in good faith. If you don’t agree to the Terms, you may not participate in the Program. If there is a conflict between these Terms and the Geekdom Terms, these Terms will control.
I. Participation in the Program
1. The Program. The Program offers entrepreneurship courses (“Courses”) to Geekdom members and non-members. We will set the parameters of the Program and Courses, such as the curriculum, instructors, class size, time, and location, in our sole discretion.
2. Applying to The District. To apply for the Program, you will need to submit an application (the “Application”) to us through the Program website available at https://thedistrict.works (the “Program Website”). Your enrollment in the Program becomes effective when we grant your Application and charge the Program Fee. Your Course details including Program Fee, location, and meeting dates and times are described on the Program Website.
3. Term of Enrollment. Your enrollment in the Program is for a single Course term. Unless otherwise stated in your Application or the Program Website, the Course term is 6 weeks, beginning on the date of the first class meeting.
4. Modifications to Courses. We will try not to make changes to a Course after it has started, but sometimes things don’t go as planned and we may need to make changes during the Course. Unless the Course is cancelled, you will not receive a refund if changes are made to your Course.
5. Modifications to Terms and Conditions. We may make modifications, deletions, or additions to these Terms and, when we do, will provide you with notice of these changes by emailing them to the last email address provided by you in your profile or by posting a notice on the Program website. Changes will be effective immediately upon notice, except that pricing and fee changes will be effective as to future Courses only. If you do not agree to the changes, you may cancel your enrollment in the Program at any time, but please note that you may not be eligible for a refund. Please read the Effect of Termination section below for more information.
6. Assignment. Your enrollment is personal to you, and you may not assign or transfer your enrollment in the Program.
7. Termination. You may cancel your enrollment at any time by providing written notice (“Cancellation Notice”) to a member of the District staff or at firstname.lastname@example.org. We may suspend or terminate your enrollment effective immediately if: (i) you fail to attend 3 consecutive classes or more than 5 classes during the term of your Course; (ii) you fail to comply with the “Community Standards” Section of the Geekdom Terms, in our sole discretion; or (iii) you otherwise breach this Agreement.
8. Effect of Termination.
1. Enrollment Termination by Student. If we receive your Cancellation Notice at least 72 hours before the start of your Course, you will be refunded 100% of your Program Fee. If we receive your Cancellation Notice within 48 hours after the start of your Course, you will be refunded 75% of your Program Fee. You will not be entitled to any refund for a Cancellation Notice received more than 48 hours after the start of your Course.
2. Cancellation of Course by Geekdom. If we cancel the Course at any time before the start of your Course or within 48 hours after the start of your Course, you will be refunded 100% of your Program Fee. If we cancel your Course more than 48 hours after the start of your Course, we will either issue a pro-rated refund of your Program Fee, with a maximum refund of 50% of your Program Fee, or enroll you in another substantially similar Course.
3. Enrollment Termination by Geekdom. If we suspend or terminate your enrollment for any of the reasons stated in the Termination or Program Fee Sections of this Agreement, you will not be entitled to a refund of your Program Fee.
9. Media Consent. We’re proud of our Program and the community involved in it and like to brag about you and the great things you’re doing. We often take pictures and video recordings during the Program and publish them on social media and other marketing channels. It’s not practical for us to identify every person in every photo or video and obtain permission to use each person’s image. For that reason, through this Agreement, you are acknowledging that we may take pictures and video recordings of you for marketing and promotional purposes. You authorize us to photograph, film, tape, digitally record, or otherwise create audio and video recordings, still images and/or textual descriptions, testimonials, and statements of you taken in public spaces in the applicable location (hereinafter the “Recordings”) without compensation or further permission. You authorize us to edit, modify, adapt and change the Recordings at our sole discretion, and to incorporate the Recordings into print publications, electronic publications, software, video games, movie or sound recordings, broadcasts, programs, or any other media (the “Publications”). You authorize us to use, reproduce, distribute, and license to others, the Recordings and Publications in any manner of media, and to use your name (including your legal name, alias, professional name, or nickname), likeness, voice, signature, biographic or other information in connection with these Recordings and Publications for worldwide commercial and non-commercial purposes. You relinquish all rights, title and interest you may have in any Recordings or Publications as modified or unmodified, and assign all rights, title and interest you may have in any Recordings and Publications to us.
II. Program Fees. Your Program Fee is provided on the Program Website. To be eligible for the discounted rate for Geekdom members, you must have been a Geekdom member for at least 90 days before the start of your Course. You must pay your Program Fee when it is due. Payment is required in full before the start of your Course. If you do not pay your Program Fee before your first day of class, or if we are unable to charge your fee to your card as authorized, we may terminate your enrollment in the Program.
1. Using Geekdom’s Facilities. Your Course may meet at Geekdom’s facilities. If so, you have the non-exclusive right to use and occupy the portions of our premises designated for Program participants. You may use our facilities only for Program related purposes and in compliance with applicable law. You will not impair or disrupt other Program participants’ use and enjoyment of the Geekdom facilities. We will provide you with a security FOB that will get you access to the Rand Building and the basement. If you do not turn in this FOB at the end of your Course or lose this FOB and need to replace it, you will be charged the then-current replacement FOB fee. You are fully responsible for compliance with the Agreement by your guests. Your use of our facilities will be subject to the “Facilities and Events” Section of the Geekdom Terms.
2. Parking. Parking is not included with your Program enrollment. You may purchase a monthly parking pass for a nearby garage and we will bill you for the fee. To inquire about parking, please email email@example.com.
3. Damage. You may not damage or alter the Geekdom premises, subject to ordinary wear and tear, and you will not bring any hazardous materials or illegal substances to Geekdom. In particular, you will not alter or augment the data or power infrastructure. You agree to repair any damage to Geekdom caused by you or your guests.
IV. Limitations and Disclaimers
1. Warranty Disclaimer. We provide the Program using a commercially reasonable level of skill and care, and we hope that the Program is helpful to you and your business, but there are certain things we don’t promise. And here is where we need to tell you some things that are important enough that we’ve put them in conspicuous text to call them to your attention:
OTHER THAN AS EXPRESSLY SET OUT IN THIS AGREEMENT, WE DO NOT MAKE ANY SPECIFIC PROMISES ABOUT THE PROGRAM. THE PROGRAM AND ANY RELATED MATERIALS ARE PROVIDED “AS IS”, “AS AVAILABLE” AND WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES IMPLIED BY ANY COURSE OF PERFORMANCE OR USAGE OF TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED. WE, AND OUR DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, PARTNERS, INSTRUCTORS, AND CONTENT PROVIDERS, DO NOT WARRANT THAT: (A) THE PROGRAM WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (B) ANY DEFECTS OR ERRORS WILL BE CORRECTED; (C) ANY MATERIALS, CONTENT, OR SOFTWARE AVAILABLE AT OR THROUGH THE PROGRAM IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR (D) THE RESULTS OF USING THE PROGRAM OR MATERIALS WILL MEET YOUR REQUIREMENTS. YOUR USE OF THE PROGRAM IS SOLELY AT YOUR OWN RISK.
2. Relationship Between the Parties. We both agree that we are independent contractors, and that neither of us is the agent of the other. There is no exclusivity commitment from either of us to the other. Neither of us is prohibited from entering into agreements with third parties, including competitors of the other party, for services of the type covered by the Agreement.
3. No Liability for Actions of Other Individuals. There are things that we can’t and won’t take responsibility for. If you reach out to us, we may try to help, but that should be considered a courtesy that we are performing and not an obligation we are taking on. You are solely responsible for your interactions and arrangements with other individuals, including other Program participants, instructors, Geekdom members or their guests. We do not perform background checks on our participants, instructors, or members nor do we make representations or warranties as to (i) the conduct of other individuals involved in the Program or at Geekdom; (ii) the accuracy or truthfulness of Program participants’ or Geekdom members’ or their guests’ representations of who they are or expertise they claim to have; or (iii) your compatibility with current or future Program participants, instructors, Geekdom members and their guests. We do not endorse, support or verify the facts, opinions, or recommendations of our participants, users, or members.
4. No Liability for Third Party Products or Services. We may provide you from time to time with access to third party products or services, including access to advertisements from our other third-party business partners. We are not responsible for the content of these advertisements or any links, products, services or other materials relating to any third-party products, services, advertisements or other materials. In no event will we be liable, directly or indirectly, to anyone for any damage or loss relating to any use of or reliance on any advertisement on the Program or any products, services or other materials relating to any advertisement. You agree that our making available access to or discounts for these third-party services does not constitute provision of such third-party services by us, and you will look solely to the applicable third party for provision of the applicable third-party services and for compensation for any claims, damages, liabilities or losses you may incur in connection with such third-party services.
5. Intellectual Property Rights. You may not use or copy our copyrighted material without our prior written consent. You may not use the Geekdom or The District name, logo, or other trademarks without our prior written consent, which will be subject to our ongoing supervision.
6. Confidentiality. Neither you nor we make any commitment of confidentiality to the other, or to the other members or participants, as part of your membership or participation, and you should limit your disclosure of information to us and the other members and participants accordingly. You are responsible for using care to hold your private and confidential conversations in a private location.
7. Limitation of Liability. If you have a disagreement with us, we’ll both agree to try to resolve it first by communicating with each other in good faith. We’re always open to hearing your possible solutions, and we want to work together. That said, whatever efforts are made to resolve a disagreement amicably, we do not forfeit any of our rights set forth in this Agreement by these efforts.
In the event you have a legal claim against us, you agree that the maximum total amount of money you can recover cannot exceed (i) the amount of fees you have paid for the Course giving rise to the claim or (ii) $500, whichever is less; unless the legal claim is based on intentional misconduct or is for personal injury or death resulting from our negligence, recklessness or intentional misconduct. In addition, you agree that in no event are you entitled to recover any lost revenue, lost profits, damages for lost data, or any indirect or consequential loss or damages or any kind. You acknowledge that we have set our fees and entered into the Agreement in reliance on the limitations of remedies and liability stated in this Agreement, and that these limitations reflect an agreed allocation of risk between you and us. The limitations stated in this Section shall apply to any liability arising from any cause of action whatsoever, whether in contract, tort, commercial code, strict liability or otherwise, even if a limited remedy fails of its essential purpose. If these limitations as written are not permitted by applicable law, they shall apply to the extent permitted by applicable law.
9. Indemnification and Release. You agree that if a third party asserts a legal claim against us or any of our employees, agents, or owners based on or related to your activities within Geekdom or the Program or any actual or alleged violation of the Agreement, you will pay all reasonable costs of defending the claim, including reasonable attorney fees, and any damages awarded to the third party or paid to the third party by us as a reasonable settlement. You agree that we may control the defense of the claim at our option, or we may require you to defend the claim directly. If we elect to control the defense of the claim, you will reimburse us for our reasonable defense costs and expenses as incurred. You also agree to release, waive, discharge, and covenant not to sue us from any and all legal claims whatsoever arising out of or related to any loss, damage, or injury, including death, that may be sustained by you, or to any property belonging to you, whether caused by the negligence of the us, or otherwise, while on the Geekdom premises.
10. Class Action Waiver. You agree that if you assert a claim against us, you will do so only on an individual basis. Neither you nor we will seek to have any dispute heard as a class action or in any other proceeding in which either party acts or proposes to act in a representative capacity. No proceeding will be combined with another without the prior written consent of all parties to all affected proceedings. You and we also agree not to participate in claims brought in a private attorney general or representative capacity, or any consolidated claims involving another person’s account, if we are a party to the proceeding. You are giving up your right to participate as a class representative or class member on any class claim you may have against us including any right to class arbitration or any consolidation of individual arbitrations.
11. Notices. Notices to us under this Agreement must be sent to Geekdom, LC at 110 E Houston Street, 7th Floor, San Antonio, TX 78205, with a copy to firstname.lastname@example.org. We will send Notices directed to you at the primary address provided on your Application and a copy will be sent to your primary email address on file. Notices are deemed given, received and effective as of the date on which it is emailed or hand¬ delivered or on the third business day following the date on which it is mailed. Notices must be given in the English language. A party may change its address for notice by giving notice in the manner stated in this Section.
12. Force Majeure. A party is excused from performance under the Agreement to the extent it is reasonably prevented from performing due to events beyond its control, such as fire, flood or other natural disaster, or unanticipated change in the law.
13. Severability. In the event one or more of the terms of the Agreement is adjudicated invalid, illegal, or unenforceable, the adjudicating body may either interpret this Agreement as if such terms had not been included or may reform such terms to the limited extent necessary to make them valid, legal or enforceable, consistent with the economic and legal incentives underlying the Agreement.
14. Waiver. No rights or remedies arising in connection with this Agreement can be waived by a course of dealing between us, or by delay in exercising the right or remedy. Rights and remedies may only be waived by signing a written document that expressly identifies the right or remedy waived. Unless expressly stated in the waiver, a waiver of any right or remedy on one occasion will not be deemed a waiver of that right or remedy on any other occasion, or a waiver of any other right or remedy.
16. Entire Agreement. This Agreement is the complete and exclusive agreement between the Parties regarding its subject matter and supersedes and replaces in its entirety any prior or contemporaneous agreement or understanding regarding the subject matter of this Agreement, written or oral.