LEVEL TWO inc

Coworking Membership

TERMS OF AGREEMENT

The undersigned hereby agrees to pay the enrollment fee stated, which is a non-refundable enrollment fee ("Enrollment Fee") in connection with this license for use of the coworking space located in Suite 240 (the "Coworking Space") of the building located at 2498 Perry Crossing Way, Plainfield, IN 46168 (the "Building"), in The Shops at Perry Crossing (the "Center").  Payment of the Enrollment Fee entitles the undersigned to use the Coworking Space for a certain period of time (the "Enrollment Period") as further detailed in the Rules (as defined below), from the date such Enrollment Fee is paid until the earlier to occur of (i) the date on which the undersigned's enrollment is terminated, as provided herein, or (ii) the expiration of the Enrollment Period.  The undersigned may be permitted to renew this Enrollment Form and Conditions of Use and Waiver and Release of Liability (this "Agreement") upon payment of another Enrollment Fee or may be required to sign a new Agreement upon payment of another Enrollment Fee.  The Enrollment Fee may be increased from time to time. Use of the Coworking Space shall be governed by the conditions set forth below..

**LEVEL TWO INC TERMS OF AGREEMENT, SPACE RULES, AND POLICIES OF USE**

Capitalized terms used but not defined herein have the meanings given to such terms in the User's Enrollment Form and Conditions of Use and Waiver and Release of Liability.

(1) User's enrollment period shall run from the later of the date the enrollment fee is paid and the date the Agreement is signed by User. MONTHLY ENROLLMENTS expire after 30 days. ANNUAL ENROLLMENTS expire on the one-year anniversary of the commencement of the enrollment period. DAY PASSES expire at 11:00pm (23:00hrs) on the day User initiated access to the facility, but if day pass users leave the Building, they may not re-enter the Building after 6:00pm (18:00hrs) on the day purchased.

User further agrees not to use the Coworking Space or the Services in any manner:

  (a) that allows anyone other than User access to the Coworking Space without User's presence;
  (b) that allows anyone other than User access to the Services without User's presence;
  (c) that damages, disables, overburdens, or impairs the Coworking Space or the Services;
  (d) that interferes with any other party’s use and enjoyment of the Coworking Space or the Services or Programs;
  (e) to gain unauthorized access to any accounts, computer systems or networks connected to any network, router, or server provided by Level Two or a third party contracted by Level Two to provide said services;
  (f) to gain unauthorized access to any of the Services, through hacking, password mining or any other means;
  (g) to obtain or attempt to obtain any materials or information regarding Level Two or other Users or guests in the Coworking Space through any means not intentionally made available through the Services;
  (h) that damages or otherwise causes disrepair to the equipment, appliances or other personal property of Level Two or the Coworking Space; and
  (i) that violates the Rules or other guidelines which may be applicable for the Coworking Space or any particular Service or Program.

Level Two promotes a safe, peaceful, and productive environment for enrolled users, guests, and staff. Therefore, Level Two reserves the right to deny Services, in its sole discretion, for any lawful, nondiscriminatory reason based upon any information available to Level Two.

(2) The Building access hours are from 7:00 a.m. until 6:00 p.m. Monday through Friday, excluding holidays. Access to the Building at all other times is available only to Users with Annual enrollments who have purchased a building access card. User shall comply with all reasonable security procedures during business hours and after hours and on weekends. User acknowledges that building access is controlled and monitored by Landlord, and User releases Level Two of liability for facility access impeded by factors outside of the control of Level Two.

(3) Level Two may permit other parties to conduct Programs within the Coworking Space (any such party so permitted by Level Two to conduct Programs, and each of their successors and assigns, individually and collectively referred to herein as "Independent Parties"), and User acknowledges and agrees that Level Two shall have no obligation with respect to, and hereby disclaims all warranties, including express, implied, and any implied warranty of merchantability or fitness for a particular purpose, and responsibility for, the acts or omissions of the Independent Parties and the competence, knowledge, training, licensing and experience of such Independent Parties.

(4) UNDER NO CIRCUMSTANCES WILL LEVEL TWO BE LIABLE FOR ANY LOST PROFITS, LOSS OF BUSINESS, LOSS OF USE OR OF DATA, INTERRUPTION OF BUSINESS, OR OTHER DAMAGES, INCLUDING DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR ANY OTHER TYPE OF DAMAGES, THAT RESULT FROM OR ARISE OUT OF THIS AGREEMENT.

(5) Enrolled members may utilize the facility’s mailing address. Upon the expiration or termination of User's Agreement, it shall be User's responsibility to notify all parties of the termination of User's use of such suite address and to have User's mail forwarded appropriately by notification to the U.S. Postal Service. User acknowledges that Level Two is not responsible for loss or theft of messages, mail, or packages and understands that Level Two will not forward mail during or upon termination of the User’s agreement.

(6) The Coworking Space contains one large and three small conference rooms, which may be reserved by any User on a first-come first-served basis in increments of 1 hour. User’s use of the conference rooms shall be scheduled by reservation through the Nexudus system. Last minute use is subject to reservations of other Users or guests of Level Two. User shall not have the right to reserve the conference rooms for more than five (5) full and consecutive days in any calendar month unless Level Two determines that such use will not conflict with the use of any other User entitled to the use of the same private rooms. User may not use the conference rooms as a personal office. User is responsible for leaving the private rooms, after use, in the manner in which User found them. User is allotted 4 hours per month worth of booking credits for the large conference room and will be charged $40 per hour (after applicable 20% discount) for any additional hours, with a cap of $400 per calendar day for use of the large conference room.  

(7) Seating in the open Coworking Space is on a first come first serve basis. Users are not permitted to claim ownership of any hot-desk seating in the open workspace. Priority seating will be reserved for Level Two approved public events.

(8) Users shall not be permitted to have guests in the Coworking Space unless the User is also present to greet and supervise all guests. No one under 18 years of age is allowed in the Coworking Space without adult supervision. Level Two reserves the right to request that any guest, regardless of age, leave the Coworking Space if being disruptive. Level Two staff are not responsible for providing access to the facility to Users guests. Members are prohibited from providing access to unknown parties.

(9) Level Two reserves the right to utilize any or all of the Coworking Space and/or the conference rooms located therein for special events and will endeavor to provide Users with at least 48 hours' notice (via electronic mail or calendar entry) of any special event and resulting restrictions on Users' use of the Coworking Space and/or Services.

(10) User and User's permitted guests shall conduct business at and around the Coworking Space in a business-like, professional, and orderly manner so as not to disturb other users of the Coworking Space and the Building. Loud music, noisy equipment and other disturbing sounds are not permitted. User agrees to take whatever steps are necessary to correct or cease any violation of this regulation immediately upon notification of such violations by other users or by Level Two. Level Two may terminate a User’s Agreement upon ten (10) days' prior written notice regardless of the “ending date” specified in the Agreement with respect to any User who uses loud, vulgar, abrasive or insulting language directed toward or observed by another User or a member of the Level Two staff, or anyone who takes action to disrupt the order of business or who interferes with others’ quiet enjoyment of the Coworking Space. Membership of any User who discriminates, bulles, threatens, or injures another party may be terminated immediately at the discretion of the Level Two Staff and Board of Directors.

(11) User and User's permitted guests shall have the non-exclusive right to use any available parking spaces located within the Center on an unreserved and first-come, first-served basis.  User shall comply with such reasonable, non-discriminatory rules and regulations regarding parking within the Center as Level Two or Level Two's landlord may, from time to time, establish.

(12) Any questions or comments regarding the Coworking Space, Services or Programs must be communicated orally to Level Two directors, staff or volunteers, or in writing specifically to Level Two at [email protected].

(13) User shall use the Coworking Space in a clean, safe, and proper manner.  User may consume food and beverages in the Coworking Space, provided that User does not permit any unusual or objectionable odors to emanate therefrom.  User may conduct meetings, conferences and other similar activities in the conference rooms provided such use does not interfere with, annoy, or disturb any other Users. User is responsible for clean-up and maintaining the condition of all areas of the Coworking Space and common areas of the Building, including but not limited to, conference rooms, kitchenette (including sink and refrigerator and washing of dishes used by User), restrooms, etc. when using said facilities for day-to-day business and/or after-hour events.

(14) Level Two prohibits the possession or use of firearms, weapons and illegal drugs in the Coworking Space. Weapons include but are not limited to guns (including bb, pellet, replica and paint guns), bladed weapons, and explosive devices. Additionally the following objectionable conduct is also prohibited: intoxication; abusive, indecent, profane, or vulgar language; offensive gestures or displays; physically or verbally abusing or threatening others; unreasonably loud noises; discriminatory activities; and fighting. Any violation of these prohibitions will constitute cause for immediate removal from and use of the Coworking Space.

(15) User shall not remove furniture, fixtures, technology, equipment , supplies, or decorative material from the Coworking Space.

(16) User will not occupy or permit any portion of the Coworking Space or Building to be occupied or used for the manufacture, sale, or illegal use of liquor, narcotics or tobacco in or of any form. At no time will Level Two sell or furnish alcohol to User. However, from time to time, User may bring alcohol to Level Two and store it in the common refrigerator. To the extent any User makes alcohol available to another user, it is made available on a “self-serve” basis and User agrees to be solely responsible for dispensing, serving, or otherwise furnishing alcohol to User or any guests User may bring to Level Two. User agrees to refrain from furnishing alcohol to User, User's guests, or any other user if User knows that person is intoxicated. User also agrees to never furnish alcohol to minors.

(17) Canvassing, soliciting and peddling in the Coworking Space or the Building is strictly prohibited and User shall not solicit other users or Building tenants for any business or other purpose.

(18) All property belonging to the User or any employee, agent or guest of User shall be at the risk of such person(s) only, and Level Two shall not be liable for damages thereto or for the theft or misappropriation thereof. Users shall remove all personal property from the space at the end of each work day unless otherwise approved by Level Two staff. Such approval may be revoked at any time. Any items of personal property left in the Coworking Space after the User finishes using the Coworking Space on any day may be removed and disposed of by Level Two at its sole discretion. Should User keep or leave any of User's personal property at the Coworking Space, User does so at User's own risk. Level Two does not assume any liability for, or provide insurance for, any loss of or damage to any stored or left property.

(19) User may not bring furniture or office equipment into the Building or the Coworking Space (other than User's personal laptop computer, tablet or similar small and portable computing equipment) unless otherwise approved by Level Two staff. Such approval may be revoked at any time. All damage done to the Building or the Coworking Space by the movement of property of User, or done by User's property while in the Building, will be repaired at User's expense.

(20) Sidewalks, doorways, vestibules, halls, stairways, freight elevator lobbies and other similar areas shall not be used for the disposal of trash, be obstructed by User or be used by User for any purpose other than entering or leaving the Coworking Space and for going from one part of the Building to another.

(21) No sweepings, rubbish, rags or other unsuitable materials shall be disposed into plumbing fixtures or appliances. Damage resulting to any fixtures from misuse by User shall be the liability of User.

(22) Corridor doors, when not in use, shall be kept closed.

(23) Replacement of any building entry key provided to User will be provided at the Building’s prevailing charge. User agrees to return all building entry key(s) to Level Two immediately upon the expiration or earlier termination of User's Agreement. User is not permitted to copy or allow other individual(s) or company (ies) to use any building entry key that may be used for access to the Building.

(24) User shall not place any signs, advertisements or notices on or in any part of the Building or the Coworking Space without Level Two's prior approval.

(25) User shall cooperate with Level Two in keeping the Coworking Space neat and clean, including but not limited to washing ones own dishes, and removing old and expired food items from the space.

(26) No smoking will be permitted within the Building or in any of the common areas of the project.  

(27) No flammable or explosive fluids or materials shall be kept or used within the Building.  

(28) No cooking shall be permitted within the Coworking Space, other than the coffeemakers and microwave.

(29) No animals shall be brought into or kept in, on or about the Building without prior approval from Level Two staff.  Level Two staff has the authority to deny access to any animal not covered by applicable ADA laws.



(30) The Coworking Space will not be supervised by Level Two or its agents, employees, contractors or representatives, or the Independent Parties, and any use of the Coworking Space or Services or participation in any Programs, including without limitation the services of any Independent Parties, will be at User's sole risk.  User understands and acknowledges that access to or use of the Coworking Space or Services and/or participation in the Programs could be potentially hazardous activities that involve risks, inherent and otherwise, that cannot be eliminated and which may cause injury, illness, paralysis or death to User, other persons and/or damage to property.  Some of the risks associated with User's access to and/or use of the Coworking Space or Services and/or participation in the Programs include, but are not limited to, negligence of either Level Two, or its agents, employees, contractors, or representatives, negligence of the Independent Parties, latent and patent Coworking Space conditions, equipment failure or misuse, known or unknown medical conditions, and acts of others in the Coworking Space and/or with respect to the Programs or Services. User accepts full and sole responsibility for all risks, both known and unknown, inherent or otherwise, related to User's access to and/or use of the Coworking Space or Services or participation in the Programs, and acknowledges that User is voluntarily entering and using the Coworking Space or Services and/or participating in the Programs even with knowledge of these risks.

(31) Acknowledging that such risks exist, User hereby RELEASES AND DISCHARGES Level Two and its affiliates, divisions, subsidiaries, directors, officers, managers, employees, agents, insurers, volunteers and representatives and each of them and/or anyone associated in any way with User's access to or use of the Coworking Space, the Services and/or participation in the Programs including, without limitation, instructors, Independent Parties, trainers and their employers and employees (individually and collectively referred to as the "Released Parties"), from and against all claims, damages, injuries, losses, actions, suits, proceedings, product liability actions, wrongful death actions, warranty actions, breach of contract actions, loss of consortium claims, expenses, and attorney fees that User or anyone on User's behalf (including but not limited to User's heirs, representatives or next of kin) have or might have for any death, injury, damage, or alleged injury or damage arising out or alleged to arise out of, involve, or relate to User's access to, use of, involvement with, or participation in the Coworking Space, the Services and/or the Programs, and/or the Rules, including, but not limited to, any claim that the act or omission complained of was caused in whole or in part by the strict liability or negligence in any form of the Released Parties.

(32) User further agrees to INDEMNIFY, HOLD HARMLESS, AND DEFEND the Released Parties in any action or proceeding from and against all claims, damages, injuries, losses, actions, suits, proceedings, product liability actions, wrongful death actions, warranty actions, breach of contract actions, loss of consortium claims, expenses, and attorney fees that User or anyone on User's behalf (including but not limited to User's heirs, representatives or next of kin) have or might have for any death, injury, damage, or alleged injury or damage arising out of or alleged to arise out of, involve, or relate to User's access to, use of, involvement with, or participation in the Coworking Space, the Services and/or the Programs, or for User's failure to comply with the terms of this Agreement, or the Rules. This agreement to indemnify, hold harmless and defend applies even if the act or omission complained of was allegedly caused in whole or in part by the strict liability or negligence in any form of the Released Parties.

(33) In the event User becomes injured or ill while at the Coworking Space or participating in Programs, User authorizes Level Two, Independent Parties, or anyone else involved with the Coworking Space to secure first aid and/or the services of any legally qualified physician or hospital for User and User agrees to assume any financial obligations incurred therewith.

(34) User represents and warrants that (a) User is eighteen (18) years of age or older and competent to sign this document, and (b) USER HAS CAREFULLY READ THIS ENROLLMENT FORM AND CONDITIONS OF USE AND WAIVER AND RELEASE AND FULLY UNDERSTANDS THAT IT IS A LEGALLY BINDING WAIVER AND RELEASE OF LIABILITY.

(35) User acknowledges and agrees that its rights under this Agreement may be revoked at any time by Level Two.  User further acknowledges that its rights under this Agreement may be revoked for allowing non-enrolled users access to or use of the Coworking Space without a guest pass, failure of User to adhere to the policies set forth herein or otherwise established from time to time by Level Two, and the failure to follow any Rules, including those posted at the Coworking Space or established herein. If User breaches this Agreement for any reason, as determined by Level Two in its sole discretion, User shall forfeit all enrollment fees paid to Level Two. User further acknowledges that Level Two is a tenant of the Coworking Space pursuant to a lease with the owner of the Building (the "Master Lease") and that this Agreement shall terminate simultaneously with the termination of the Master Lease or of Level Two's possession of the Coworking Space for any reason.

(36) This Agreement contains the entire agreement and understanding of the User with respect to the subject matter hereof, and no other promises, agreements or understanding regarding the subject matter hereof shall be of any force or effect unless in writing, executed by Level Two and dated on or after the date hereof.

(37) This Agreement shall be governed by and construed in accordance with the laws of the State of Indiana and the exclusive venue related to any dispute arising out of or relating to the use of the Coworking Space or Services, participation in Programs or this document shall be a state court located in Hendricks County, Indiana.

(38) If any provision of this Agreement is prohibited by law or held to be unenforceable, the remaining provisions hereof shall not be affected. The failure of Level Two to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision.

(39) This Agreement shall be binding on User and User's heirs, legal representative, successors and assigns. In no event may User assign in whole or in part this Agreement or User's rights to use of the Coworking Space or the Services, without the advance written consent of Level Two.

(40) User may not modify this Agreement. User agrees to review the Agreement on a regular basis and remain in compliance at all times.

(41) All required notices shall be provided in writing and shall be mailed to the addresses below, or to such address as either party may designate from time to time:

    If to Level Two:         Level Two Inc, 2498 Perry Crossing Way, Suite 240, Plainfield, IN 46168.

    If to User:        At the address provided above.

By agreeing electronically, I hereby acknowledge that I have read and understood all of the terms and conditions contained in this Enrollment Form and Conditions of Use and Waiver and Release of Liability and further agree to be bound by the same regarding my participation in and use of the Coworking Space, the Services and the Programs.

level two inc.

Facility Rental

TERMS OF AGREEMENT

Level Two Inc ("Level Two") operates the Level Two coworking and event space located in Suite 240 of the building located at 2498 Perry Crossing Way, Plainfield, IN 46168 (the "Space").  "User" is defined as the owner of this Proximity member account.

In consideration of Level Two allowing User to use the Space and otherwise access its property for purposes of the Event (as defined below) and other good and valuable consideration, user agrees as follows:

1. FACILITY USE

User is permitted access to and use of the Space on the date and time approved by management through the typical booking procedures, for the exclusive purpose of hosting an event (hereinafter referred to as the "Event"). This facility access window includes paid venue rental plus any applicable setup and cleanup allowances.

User and other persons involved with the Event or with User's access to or use of the Space are collectively referred to hereinafter as "User Group." User is solely responsible for ensuring that the Space is not used for any unlawful or illegal activity and that no unlawful or illegal activity occurs in or near the Space during User's access and use of the Space.

User agrees that Level Two may cancel, terminate or alter User’s access to or use of the Space for any reason without any liability to User. Should the Space become unavailable and/or if Level Two cancels, terminates, or alters the User's Space use without cause (e.g. User or User Group's breach of this Agreement), Level Two will make every effort to reschedule use of the Space should User so desire.

2. FEES AND SECURITY DEPOSIT

User will pay Level Two the total venue rental fees which are comprised of the venue rental for use of the Space for the time period scheduled above ("Use Fee"), plus a  refundable damage deposit (the "Security Deposit"). If User is in the Space beyond the starting and ending times listed above, User will forfeit the Security Deposit and will be charged the hourly event rate per hour that User is over the scheduled time period. User is not permitted to charge admission to the Event, nor to charge any fees or conduct any sales related activities in connection with the Event without prior written approval from Level Two.

The Reservation Deposit secures the event date and times and is refundable up to but no less than 30 days prior to the Event date. The Reservation Deposit is non-refundable 30 days or less prior to the Event date. Acceptable forms of payment are: check or electronic payment (credit/debit/bank draft) via invoice. No dates will be added to the calendar as reserved without payment of all Venue Rental Fees and the Reservation Deposit. Venue rental fees are subject to change without notice until a fully executed agreement and all required deposits are received.

The Security Deposit serves as security for User's full and faithful performance of each and every term, covenant and condition of this Agreement and will be refunded to User by mail within thirty (30) days after the Event, less any deductions on account of amounts owed by User to Level Two, together with a written itemization of deductions taken. In the event User fails to perform or observe any term, covenant or condition of this Agreement, Level Two may use, apply or retain the whole or any part of the Security Deposit to satisfy any damage resulting from the Event, User's use of the Space or other amount due under this Agreement, or any other amount allowed by State law, including without limitation the following: (a) physical damage to any part of the Space or the Perry Crossing complex; (b) significant cleaning above and beyond normal use; (c) damages, losses, or claims resulting from breaches of the hold harmless and indemnity agreement contained in this Agreement; (d) any action by the User and/or User Group that is deemed inappropriate by Level Two; and/or (e) any other default of this Agreement by User and/or User Group. Any such application and use of the Security Deposit by Level Two will not cure User's failure to perform and User will still be considered in default hereunder. In addition, User’s liability for damages arising out of this Agreement is not limited to, or in any manner by, the Security Deposit. If the damage or replacement exceeds the Security Deposit, the User will be held responsible for the remaining balance. Level Two will determine the amount to be refunded to the User, if any. The User has the right to dispute the charges.

Level Two may choose, at its sole discretion, to waive the Security Deposit requirement. Such waiver does not in any way excuse User's full and faithful performance under this Agreement.

3. CANCELLATION

Cancellation of the Event by User must be in writing and received by Level Two at least thirty (30)days prior to the scheduled Event date to receive a full refund of any monies paid. Cancellations received less than thirty (30) days but more than fourteen (14) days prior to the scheduled Event date will receive a 50% refund of any monies paid. Failure to cancel venue rental reservations within fourteen (14) days prior to the scheduled Event date will result in the User being billed for the full venue rental fee.

4. SPACE RULES

Level Two's Space Rules and Policies of Use (the "Rules") are set forth in Attachment A. User has reviewed and understands the Rules and agrees to abide by them. User is responsible for ensuring that members of the User Group abide by the Rules. User understands and acknowledges that Level Two has the sole right and discretion to modify, alter, supplement and otherwise change the Rules prior to the Event without notice to User. It is User's responsibility to be familiar with the current Rules in effect at the time of the Event. Current Rules are available upon request from Level Two. Level Two has the right, in its sole discretion, to expel from the Space or deny Space access to User and/or members of User Group who have or are in violation of the Rules or provisions of this Agreement.

5. RIGHT OF ENTRY

User grants Level Two staff and members the right to enter and inspect the Space at any time for any purpose prior to, during and after the Event.

6. SPACE CLEAN UP AND DAMAGE

Caterers, guests, or any others involved with set-up for the Event may begin before the contracted rental time only as indicated on this Agreement and with prior approval by the Level Two Executive Director. The User is responsible for set-up and break-down of any outside rental equipment (including tables, chairs, etc.) and clean-up of the Space, including waste removal by the caterers or appropriate disposal by the User and returning any furniture and equipment in the Space to its arrangement prior to the Event. All food and beverage as well as any catering equipment must be removed immediately following the Event, unless prior arrangements have been made with Level Two. If your caterer requires additional time for set-up and/or clean-up,please contact Level Two. User is responsible for Space clean-up at the end of the Event pursuant to the Rules. User is responsible for any vandalism, damage or theft that occurs during its access to and/or use of the Space, including vandalism, damage or theft caused by other members of the User Group.

7. SUPERVISION

No one under 18 years of age is allowed in the Space or to participate in the Event without adult supervision. User shall actively and effectively supervise and control activities occurring on or related to the premises and Space during the Event.

8. SECURITY

Security is not provided. It is the responsibility of the User to maintain a safe Event, including retaining proper third party security if necessary.

9. PROHIBITED ACTIVITIES

Level Two prohibits the possession or use of illegal drugs, firearms or weapons in the Space. Any violation of these prohibitions will constitute cause for immediately terminating the use of the Space. Additional information regarding prohibited activities can be found in Attachment A.

10. EQUIPMENT AND TECHNOLOGY RENTAL

The Event Facility offers various equipment for rent, including but not limited to audio-visual devices. All equipment is provided in good working condition and must be returned in the same condition. The rental period for any equipment shall commence upon the event start time indicated in this agreement and shall terminate upon the event end time indicated in this agreement. Use or transport of the equipment is not permitted beyond the Level Two facility. The User agrees to pay all equipment rental fees as specified in this agreement. These fees must be paid in full prior to the commencement of the event. An additional refundable damage deposit, as specified in this agreement, shall be paid by the User with the balance due 30 days or more prior to the event date. This deposit is intended to be combined with the general damage deposit cover any potential damage or loss of the rented equipment.

The User agrees to use the rented equipment only for its intended purpose, in accordance with the manufacturer's instructions, and at reasonable volumes so as to not disturb neighboring businesses or violate local ordinances. The User shall ensure that all equipment is handled with care and kept in a secure environment to prevent damage or theft. The User is responsible for inspecting all rented equipment upon delivery and must notify the Event Facility immediately of any damages or malfunctions observed.

The User is fully responsible for any damage, loss, or theft of the equipment during the rental period. This includes, but is not limited to, damage caused by misuse, negligence, or failure to follow operating instructions. In the event that the rented equipment is damaged, lost, or stolen, the Event Facility reserves the right to retain all damage deposits paid for this event. If the cost of repair or replacement exceeds the damage deposit, the User agrees to pay the additional amount upon receipt of an invoice.

Upon termination of the User's event, the Event Facility will inspect all items for damage or loss. The User will be notified of any issues within a reasonable time frame. The assessment of damages and the associated costs determined by the Event Facility shall be final. The User is encouraged to obtain insurance coverage for the rented equipment to cover potential damages or loss during the rental period.

11. ALCOHOL

User Group may consume, supply, serve or otherwise possess alcohol in conjunction with the Event only if indicated above on page 2 under "Alcohol Allowed".

If alcohol consumption is permitted, User agrees to have at least one server on site for the duration of the Event who holds a valid Indiana TIPS Certification (available online at www.gettips.com). User shall also provide at least minimal food service, and User shall be responsible for ensuring that only individuals of legal age are permitted to possess and/or consume alcohol in the Space. User shall also be responsible for ensuring that individuals are not over-served and that visibly intoxicated individuals are not furnished alcohol and have safe transportation from the Space.

All local, state, and federal laws concerning the serving and consumption of alcohol will be strictly enforced and are the sole obligation of the User.

If User intends to have a "cash bar" or otherwise sell alcohol, User must obtain prior written consent from Level Two and the provider of the alcohol must have a valid liquor license. Proof of any requisite insurance and liquor licenses must be provided to Level Two prior to execution of the Event.

To encourage responsible drinking, all bar service is required to end thirty (30) minutes prior to the end of your rental period.

The following internet sites provide liquor liability insurance. Please note Level Two is providing these sites for information purposes and not as a recommendation for a particular site or company.

www.theeventhelper.com 775-573-8368

www.KandKinsurance.com 866-554-4636

www.sadlersports.com 800-622-7370

If the User represents that there is NO LIQUOR to be consumed, User agrees by signing this Agreement to indemnify and hold Level Two harmless regarding any liquor consumed. The User is responsible for purchasing all necessary insurance coverage for the planned event.

12. DISCRIMINATION

The User confirms that the Event and associated activities will not discriminate and/or segregate, nor promote discrimination and/or segregation because of race, religion, color, sex, age, national origin, handicap, marital status or sexual orientation.

13. FORCE MAJEURE

Except as otherwise provided in other sections of this Agreement, neither Level Two, nor User will be liable for their failure to perform under the Agreement if such failure is caused by or due to serious illness, accident, riot, strike, acts of God, or any other legitimate conditions beyond their control.

14. ACKNOWLEDGMENT OF RISKS

User acknowledges and understands that access to and use of the Space and/or participation in the Event involve risks to members of the User Group, inherent and otherwise, that cannot be eliminated and which may result in serious injury, illness, death, and/or damage to property. Some of the risks associated with access to and/or use of the Space and/or participation in the Event includes, but are in no way limited to, negligence of Level Two or its agents, employees, contractors, or representatives, negligence of members of the User Group or other persons in the Space, latent and patent Space conditions, equipment failure or misuse, and known or unknown medical conditions. User accepts full and sole responsibility for all risks, both known and unknown, inherent or otherwise, related to User Group's access to or use of the Space and/or participation in the Event, and acknowledges that User and the other members of the User Group are voluntarily entering and using the Space and/or participating in the Event even with knowledge of these risks.

15. USER HEALTH REPRESENTATION

If User is aware of User or other members of the User Group being exposed to any individual in the last four weeks who has received a COVID-19 or other viral diagnosis, has been suspected of having COVID-19 or another transmittable virus or has experienced COVID-19 or other viral symptoms, User agrees to cancel or reschedule the event. If at any time prior to, during or within fourteen days after completion of the Event, User becomes aware of such exposure, User shall immediately contact Level Two and all Event guests.

16. ACKNOWLEDGMENT AND ASSUMPTION OF HEALTH RISKS

In addition to the risks listed in the “Acknowledgement of Risks” section above, the holding of the Event during an adverse community health event presents unique health and safety risks and dangers, known and unknown, inherent and otherwise, that cannot be eliminated and which can cause injury, illness, paralysis or death to User, other members of the User Group, their family members and other third parties. Some, but by no means all, of the risks presented include: (i)COVID-19 and other viral illnesses are highly contagious; (ii) individuals frequently do not develop COVID-19 and other viral symptoms until after they are contagious; (iii) exposed individuals may have more serious symptoms due to other known and unknown medical conditions; (iv) those involved in the User’s failure to take proper actions to prevent or minimize exposure and/or failure to have and/or use proper protective equipment; and (vi) the acts, omissions and negligence of the Released Parties (as defined below). User accepts and acknowledges that User and the other members of the User Group are voluntarily entering and using the Space and/or participating in the Event even with knowledge of these risks.

17. RELEASE AND WAIVER OF CLAIMS

Acknowledging that such risks exist, User hereby RELEASES AND DISCHARGES Level Two, and its affiliates, divisions, subsidiaries, directors, officers, managers, employees, agents, insurers,volunteers and representatives and each of them and/or anyone associated in any way with User and other User Group members' access to or use of the Space and/or participation in the Event (the "Released Parties"), from and against all claims, damages, injuries, losses, actions, suits, proceedings, product liability actions, wrongful death actions, warranty actions, breach of contract actions, loss of consortium claims, expenses, and attorney fees arising out of, involving or relating to User Group's access to and use of the Space and/or participation in the Event, including, but not limited to, any claim that the act or omission complained of was caused in whole or in part by the strict liability or negligence in any form of the Released Parties.

18. INDEMNIFICATION AND AGREEMENT TO HOLD HARMLESS

User further agrees to INDEMNIFY, HOLD HARMLESS, AND DEFEND the Released Parties in any action or proceeding from and against all claims, damages, injuries, losses, actions, suits, proceedings, product liability actions, wrongful death actions, warranty actions, breach of contract actions, loss of consortium claims, expenses, and attorney fees arising out of, involving or relating to User Group's access to and use of the Space and/or Participation in the Event, or for User's failure to comply with the terms of the Agreement. This agreement to indemnify, hold harmless and defend applies even if the act or omission complained of was allegedly caused in whole or in part by the strict liability or negligence in any form of the Released Parties.

19. INSURANCE

Level Two recommends User maintains specified minimum insurance coverage for its use of the Space and/or Event. User is encouraged to procure and maintain event liability coverage and or comprehensive general liability ("CGL") insurance coverage covering any liability associated with and/or arising out of User's use of the Space and Event. Such coverage should, at a minimum, include limits of $1,000,000 per person per occurrence; $2,000,000 aggregate and include host liquor liability coverage, broad form contractual liability, bodily injury, property damage, personal and advertising injury and fire legal liability. The above insurance coverage must be issued by insurers maintaining a minimum A.M. Best rating of A-VII, with the insurer domiciled in the United States of America. No insurance may be maintained through “self-insurance” unless approved in writing in advance by Level Two.

Events hosted by or associated with a company or organization must name and maintain Level Two as an Additional Insured on its policy entitled to full coverage for (1) any claims or liability arising out of, during or in any way related to User or User's Group's access to or use of the Space and/or participation in the Event; and (2) any liability arising from or related to this Agreement.

User may use Umbrella or Excess Liability insurance to achieve the minimum liability coverage requirements. If User uses Umbrella or Excess Liability, each Umbrella and/or Excess insurance policy must be endorsed to include Level Two as being “As Broad as the Primary Policy.” All coverage for Level Two must be "primary" and "non-contributory" as to any insurance carried by Level Two. Prior to using the Space and/or holding the Event at the Space, User must provide Level Two with a Certificate of Liability Insurance (CLI) evidencing the coverages required herein, the appropriate Additional Insured endorsement and naming Level Two as a certificate holder per terms below. Failure to do so may result in User being denied use of the Space. Each Additional Insured endorsement (whether a primary, umbrella or excess policy) must contain an unqualified requirement that the insurance company provide Level Two with 30 days written notice of any cancellation or lapse of said policy, any alteration of the coverage limitations or any change to Level Two's additional insured status of said policy. All policies must contain a waiver of all rights of subrogation against Level Two and the other Released Parties. The CLI must state at the bottom right hand corner underneath the cancellation section of the insurance certificate the exact following language: Should any of the above described policies be materially altered or canceled before the expiration date thereof, Issuer shall provide not less than 30 days written notice to Level Two prior to any cancellation or material alteration of said policy. Level Two reserves the right to request copies of each applicable policy as well as the Additional Insured endorsements prior to permitting access to or use of the Space

20. EVENT ADVERTISING, PROHIBITION AGAINST USE OF LEVEL TWO NAME, MARKS, LOGO, LIKENESS

Without written prior permission from Level Two, User is prohibited from using, exploiting, copying, and/or displaying the Level Two name, mark and logo, as well as the Space photos/likeness or other Level Two intellectual property in connection with the Event, including the promotion of, advertising for and invitations for the Event. User may use the Space name and physical address in such materials.

21. AUTHORIZED REPRESENTATIVE WARRANTY

The undersigned persons represent, certify and warrant that they are authorized and fully empowered by the User and Level Two to enter into, execute and deliver this Agreement on behalf of User and Level Two and that all necessary corporate action or principal approval for the making of and entering into this Agreement have occurred.

22. REPRESENTATIONS

The undersigned persons also represent that they have had the opportunity to seek professional advice from attorneys of their own choosing prior to executing this Agreement; have fully informed themselves of the contents, terms, conditions and effects of this Agreement; and have read and understand the document and its contents.

23. SUCCESSORS AND ASSIGNS

This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective heirs, successors and assigns. However, User shall not assign, transfer or subcontract its rights or obligations set forth in this Agreement, without the express written consent of Level Two, which consent may be granted, withheld or conditioned in Level Two's sole and complete discretion.

24. GOVERNING LAW AND JURISDICTION

This Agreement shall be governed by and construed in accordance with the laws of the State of Indiana. Each party, acting for itself and its successors and assigns, hereby expressly and irrevocably consents to the exclusive jurisdiction of the courts of Hendricks County, Indiana and any cause of action relating to this document shall be instituted and litigated in a court located in Hendricks County, Indiana.

25. SEVERABILITY

Should any term, covenant, condition or provision of this Agreement be held to be invalid or unenforceable, the balance of this Agreement shall remain in full force and shall stand as if the unenforceable provision did not exist.

26. WAIVER

Failure by either party at any time to require performance by the other party or to claim a breach of any provision of this Agreement will not be construed as a waiver of any subsequent breach, nor affect the binding nature of this Agreement nor any part thereof, nor prejudice either party as regards to any subsequent action.

27. HEADINGS

The paragraph headings of this Agreement are for reference only and shall not be considered in the interpretation of this Agreement.

28. ENTIRE AGREEMENT

This Agreement is an integrated contract and constitutes the entire agreement between the parties. It supersedes any and all earlier agreements or verbal statements by the parties related to the use of the Space, except as expressly stated herein.

29. MODIFICATION

This Agreement may not be altered or modified except by an amendment in writing executed by both parties.

level two inc

Sponsorship Agreement

TERMS OF AGREEMENT

This Sponsorship Agreement ("Agreement") is made and entered into between:

• Level Two Inc. ("Level Two"), a501(c)3 non-profit corporation with its principal place of business at 2498 Perry Crossing Way, Suite 240, Plainfield, Indiana 46168, and

• ("Sponsor"), with its principal contact information as listed in the corresponding membership account.

The Company and the Sponsor are collectively referred to as the "Parties."

WHEREAS, Level Two operates a community co-working facility and organizes and conducts certain events, programs, or initiatives; and

WHEREAS, the Sponsor desires to sponsor the Level Two on the terms set forth in this Agreement;

NOW, THEREFORE, in consideration of the mutual covenants and promises set forth below, the Parties agree as follows:

1. Sponsorship Details

The Sponsor agrees to sponsor Level Two under the terms and conditions of this Agreement, which may include financial support, services, or in-kind contributions.

2. Sponsorship Benefits

In exchange for the sponsorship, the Sponsor will receive the following benefits:

• Branding: The Sponsor's name/logo will be prominently displayed on the Level Two facility's partner wall and any other applicable locations as defined by the sponsorship level.
  

• Promotional Opportunities: The Sponsor will be featured on the Level Two website with a link to their business website.
  

• Event Presence: The Sponsor will receive priority engagement opportunities at specified Level Two events, provided a competing business has not already committed to event-specific sponsorship.
  

• Other Benefits: as defined by prior written agreement. May include custom designed benefits to suit the needs of Sponsors and their staff, needs, or mission.
  

3. Sponsorship Contribution

The Sponsor agrees to provide the agreed financial support and/or in-kind contribution as defined by written agreement.  All sponsorship fees must be paid within 30 days of invoice.

4. Term

The term of this Agreement shall commence on the date of execution and will continue for 12 months or until the conclusion of the specified Event unless earlier terminated in accordance with this Agreement.

5. Termination

Either Party may terminate this Agreement upon written notice if the other Party is in material breach of any obligation under this Agreement and fails to cure such breach within 10 days of receiving notice of the breach. Level Two Inc. may terminate this Agreement immediately if, in its sole discretion, the Sponsor’s actions, image, or brand are inconsistent with the values and goals of the Event or the Company.  In the event of termination for any reason, any sponsorship fees or amounts already paid by the Sponsor shall be non-refundable and any in-kind donations already received will be considered paid in full and property of Level Two Inc.

6. Indemnification

Each Party agrees to indemnify, defend, and hold harmless the other Party from and against any and all claims, liabilities, damages, and expenses arising out of the negligence or willful misconduct of the indemnifying Party in connection with this Agreement.

7. Use of Intellectual Property

The Sponsor grants Level Two Inc. a non-exclusive, royalty-free license to use the Sponsor’s trademarks, logos, and other branding materials for the purposes of promoting the Event and fulfilling the terms of this Agreement.

8. Confidentiality

Both Parties agree not to disclose any confidential information regarding the Event or the terms of this Agreement to any third party without the prior written consent of the other Party.

9. Governing Law

This Agreement shall be governed by and construed in accordance with the laws of the State of Indiana, without regard to its conflict of law provisions.

10. Entire Agreement

This Agreement constitutes the entire agreement between the Parties with respect to the subject matter hereof and supersedes all prior agreements or understandings, whether written or oral.

11. Amendments

Any modification or amendment to this Agreement must be made in writing and signed by both Parties.

12. Notices

All notices required under this Agreement shall be in writing and shall be deemed given when delivered by certified mail, return receipt requested, to the address of the other Party as set forth in this Agreement.