As fellow instructors, we here at Threefold Defensive Training understand the struggle to locate an affordable and professional space to hold your classes. In consideration of this need, we are making our classroom available to quality instructors at a reasonable price. At just $200 a day you can comfortably seat 15 students (with tables, more without) in our 12' x 25' classroom. You can worry about creating a safe learning environment for your students without breaking the bank. Read our User Agreement below. Give us a call for a tour and to book your use.
Your use of our classroom space (the "Classroom Space"), provided by Threefold Defensive Training (hereinafter referred to as "Provider"), are subject to this Classroom Space Agreement (hereinafter the "Agreement"), all parts and sub-parts of which are specifically incorporated by reference here.
This Agreement forms a legally binding agreement between you, the Member, and us, the Provider, and governs your access to and use of the Classroom Space.
BY ACCESSING OR USING ANY OF THE MEMBERSHIP SERVICES AND BY SIGNING THIS AGREEMENT YOU AGREE TO BE BOUND AND ABIDE BY THIS AGREEMENT AND ANY AMENDMENTS THERETO. READ THIS AGREEMENT CAREFULLY BEFORE USING ANY OF THE MEMBERSHIP SERVICES, ESPECIALLY SINCE THIS AGREEMENT MAY AFFECT YOUR LEGAL RIGHTS, SUCH AS REQUIRING BINDING INDIVIDUAL ARBITRATION, AND LIMITING YOUR RIGHT TO BRING A LAWSUIT OR CLASS ACTION. IF YOU DO NOT AGREE TO THESE TERMS, PLEASE IMMEDIATELY CEASE USE OF ANY OF THE MEMBERSHIP SERVICES.
USER INFORMATION: Will be provided below.
Article 1 - DEFINITIONS:
The parties referred to in this Agreement shall be defined as follows:
a) Provider, we, us: We are the organization providing use of the Classroom Space to you. We may offer additional Membership Services to you depending on where you are located. We'll be referred to as Provider, we, or us. If we use pronouns to describe ourselves, they will include our and ours, as well as other first-person pronouns. These terms will apply to us as well as all of our employees.
b) You, the Client, the User: You are the Client utilizing the above-mentioned Classroom. You'll be referred to as you, the Client, or the User. If we use pronouns to refer to you, we'll use your and yours.
c) Parties: Collectively, the parties to this Agreement (us and you) will be referred to as Parties.
d) Classroom Space: The Classroom Space is the communal working space we make available, located at the following address:
7388 S. Revere Parkway Suite 602 Centenial CO. 80112
Article 2 - USE SERVICES:
The Use Services will generally refer to the following services we offer:
- Access to the Classroom Space. The Classroom Space is available at the following days and times:
Times and Dates to be decided and agreed upon with registration and deposit
- Maintenance and upkeep of the Classroom Space
- Use of certain equipment, workstations, furnishings, or office supplies in the Classroom Space, as will be described to you upon your first visit
- Use of basic amenities at the Classroom Space, such as air conditioning, heating, electricity, perhaps including shared kitchen space and shared kitchen appliances
- Access to and use of the Wifi, which may be subject to any additional legal terms posted thereon
- The ability to sign up for additional services through the Website
- Use of Internet service at the Classoom Space
You may also be able to use the Classroom Space as follows:
- To rent Smokeless Range simulator rooms, subject to additional fees
The Use Services may vary, and certain Use Services may be subject to additional fees. Certain Use Services may also be subject to additional legal terms and conditions, which will be provided to you when you decide to use that Use Service. The Use Services do not include any services offered by third parties.
Article 3 – SMOKELESS RANGE SIMULATOR ROOM RENTALS:
Simulator room rentals will be subject to additional fees, which you will be informed of at the time of the rental. Scheduling for rentals is on a first-come, first-served basis. You agree to use the simulator room exclusively for legitimate teaching purposes.
You acknowledge and agree that you are responsible for your guests, including ensuring that your guests act in a professional manner. If your guests act in a way which is not in accordance with this Agreement or any posted rules and regulations, we may terminate this Agreement immediately without refund.
Article 4 - DAMAGES:
If you or any of your guests damage any property at the Coworking Space, you will be held liable, including charges incurred to repair or replace property or items.
Article 5 - STORAGE:
You are not permitted to store items of personal property at the Classroom Space. We are not liable or any loss of or damage to items left at the Classroom Space. If there are personal items left at the Classroom Space, we may dispose of them. You wave any claims you may have regarding any personal items.
Article 6 - THIRD-PARTY ACTIONS:
Please be advised that we are not responsible for the actions of other Users or their guests. We assume no responsibility or obligation regarding any disputes which may take place between our Users or guests.
Article 7 - NO EXPECTATION OF PRIVACY:
You acknowledge and agree that you may not have any expectation of privacy when you are using the wifi internet and telecommunications systems at our Classroom Space. We may monitor your activities to keep our networks and spaces safe.
Article 8 - AMENDMENTS:
We may, from time to time and at any time without notice to you, modify this Agreement. You agree that we have the right to do so, including revising anything contained herein. All modifications to this Agreement are in full force and effect immediately upon posting on the Website. All modifications or variations will replace any prior version of this Agreement, unless prior versions are specifically referred to or incorporated into the latest modification or variation of this Agreement.
To the extent any part or sub-part of this Agreement is held ineffective or invalid by any court of law, you agree that the prior, effective version of this Agreement shall be considered enforceable and valid to the fullest extent.
You agree to routinely monitor this Agreement on the Website to note modifications or variations. We might also change the scope of the User Services. If we do so, and you are unhappy with the new offerings, please feel free to contact us.
Article 9 - AGE RESTRICTIONS:
You must be at least 18 (eighteen) years of age to sign up as a User. We assume no responsibility or liability for any misrepresentation of your age.
When you sign up as a User, you may be asked to provide government-issued identification to verify your age.
Article 10 - CREDENTIALS:
As part of your User Services, you may be required to set up specific access information for the Classroom Space, such as a username and password. You may also receive an access device, like an electronic access pass. You are responsible for ensuring the safety and security of your access information or device. You must not share the access information or device with any third party. If you discover that the access information or device has been compromised, you agree that you will notify us immediately.
Article 11 - AUTHORIZED USERS:
A company may become a User and have additional authorized users. If you are a company User, you must inform us of the name of your company as well as the authorized users of the Use Services. We are not responsible for any unauthorized access to your company account.
Article 12 - FEES:
As a User, you will be paying us fees ("Fees") according to the following payment schedule:
Daily use fee of $200 U.S. dollars, payable as agreed with non-refundable deposit of $50 prior to use.
The Fees shall be payable according to the payment schedule described above.
Fees shall be made via the following methods:
Cash, Check, or Square
We will be available at the following address:
7388 S. Revere Parkway Suite 602 Centennial, CO 80112
The first full Fee under this Agreement shall be due on the completion of the use of the classroom. No holidays, special events, or weekends will excuse your obligation to pay timely Fees as described by this Agreement.
The following additional fees may apply:
Fees for damages.
If you are late with Fees, the following late fee shall apply: $25 Daily Late Fee.
Article 13 - SECURITY DEPOSIT:
At the time of the signing of this Agreement, you will pay, in trust, a security deposit of $50 (fifty US dollars) to be held for any unpaid Fees, upon the expiration or termination of this Agreement or in case of your default. This fee will be taken out of the total amount and is non-refundable in case of use cancellation.
Article 14 - ACCEPTABLE USE:
You may be provided an additional list of rules upon your registration. If so, the rules you are provided as well as the rules below apply to your Use.
You are not to damage the business reputation or physical property of the Provider. You may not act in any way which presents danger or disruption to other Members, guests, employees, agents, or animals at the Classroom Space.
You will not harass, abuse, or threaten others or otherwise violate any person's legal rights.
You will not violate any intellectual property rights of the Provider or any third party.
You will not use the Classroom Space to upload or otherwise disseminate any computer viruses or other software that may damage the property of another.
You will not use the Classroom Space to perpetrate any fraud.
You will not publish or distribute any obscene or defamatory material or any material that incites violence, hate, or discrimination towards any group at the Classroom Space.
You will not unlawfully gather information about others, including photographing or videotaping others without their consent.
Article 15 - INTELLECTUAL PROPERTY:
You agree that all of our copyrights, trademarks, trade secrets, patents, and other intellectual property belong solely and exclusively to us ("Company IP"). You agree that we own all right, title and interest in and to the Company IP and that you will not use the Company IP for any unlawful or infringing purpose. You agree not to reproduce or distribute the Company IP in any way, including electronically or via registration of any new trademarks, trade names, service marks or Uniform Resource Locators (URLs), without express written permission from us.
Article 16 - TERM:
The term of this Agreement ("term") shall begin from the Effective Date and run for a period of the following:
The agreed number of days classroom is needed.
The Term will expire at its conclusion and will not automatically renew.
Article 17 - TERMINATION
This Agreement may be terminated if:
a) the other party commits a material breach of any term of this Agreement that is not capable of being remedied within fourteen (14) days or that should have been remedied within fourteen (14) days after a written request and was not;
b) the other party becomes unable to perform its duties hereunder, including a duty to pay or a duty to perform;
c) the other party or its employees or agents engage in any conduct prejudicial to the business of the other, or in the event that either party considers that a conflict or potential conflict of interest has arisen between the parties.
If the Agreement is terminated, you agree to pay us all Fees incurred prior to the date of termination, regardless of which party terminated or why. You are only excused from paying Fees if we cease service.
Any termination under this subpart shall not affect the accrued rights or liabilities of either Party under this Agreement or at law and shall be without prejudice to any rights or remedies either Party may be entitled to. Any provision or subpart of this Agreement that is meant to continue after termination or come into force at or after termination shall not be affected by this subpart.
Article 18 - INDEMNIFICATION:
You agree to defend and indemnify us and any of our affiliates (if applicable) and hold us harmless against any and all legal claims and demands, including reasonable attorney's fees, which may arise from or relate to your use or misuse of the Coworking Space or Membership Services, your breach of this Agreement, or your conduct or actions. You agree that we shall be able to select our own legal counsel and may participate in our own defense, if so desired.
Article 19 - LIMITATION OF LIABILITY:
Except in cases of death or personal injury caused by either party's negligence, either party's liability in contract, tort or otherwise arising through or in connection with this Agreement or through or in connection with the completion of obligations under this Agreement shall be limited to Fees paid by you to us.
To the extent it is lawful, neither Party shall be liable to the other Party in contract, tort, negligence, breach of statutory duty or otherwise for any loss, damage, costs or expenses of any nature whatsoever incurred or suffered by that other Party of an indirect or consequential nature including without limitation any economic loss, data loss, loss of goodwill, or other loss of turnover, profits, or business.
Article 20 - SEVERABILITY
If any part or subpart of this Agreement is held invalid or unenforceable by a court of law or competent arbitrator, the remaining parts and subparts will be enforced to the maximum extent possible. In such a condition, the remainder of this Agreement shall continue in full force.
Article 21 - DISPUTE RESOLUTION:
In case of a dispute between the Parties relating to or arising out of this Agreement, the Parties shall first attempt to resolve the dispute personally and in good faith. If these personal resolution attempts fail, the Parties shall then submit the dispute to binding arbitration. The arbitration shall be conducted in the county and state noted in the GOVERNING LAW provision of this Agreement. The arbitration shall be conducted by a single arbitrator, and such arbitrator shall have no authority to add Parties, vary the provisions of this Agreement, award punitive damages, or certify a class. The arbitrator shall be bound by applicable and governing federal law as well as the law of Colorado. Each Party shall pay their own costs and fees. Claims necessitating arbitration under this section include, but are not limited to: contract claims, tort claims, claims based on federal and state law, and claims based on local laws, ordinances, statutes or regulations. Intellectual property claims by us will not be subject to arbitration and may, as an exception to this subpart, be litigated. The Parties, in agreement with this subpart of this Agreement, waive any rights they may have to a jury trial in regard to arbitral claims.
Article 22 - GOVERNING LAW:
This Agreement shall be governed by and construed in accordance with the internal laws of Colorado without giving effect to any choice or conflict of law provision or rule. Each party irrevocably submits to the exclusive jurisdiction and venue of the federal and state courts located in the following county: Arapahoe.
Article 23 - HEADINGS:
Headings to this Agreement are for convenience only. Headings shall in no way affect the provisions themselves and shall not be construed in any way that would limit or otherwise affect the terms of this Agreement.
Article 24 - ASSIGNMENT:
This Agreement, or the rights granted hereunder, may not be assigned, sold, leased or otherwise transferred in whole or part by you. Should this Agreement, or the rights granted hereunder, by assigned, sold, leased or otherwise transferred by us, our rights and liabilities will bind and inure to any assignees, administrators, successors, and executors.
Article 25 - NO WAIVER:
In the event that we fail to enforce any provision of this Agreement, this shall not constitute a waiver of any future enforcement of that provision or of any other provision. Waiver of any part or sub-part of this Agreement will not constitute a waiver of any other part or sub-part.
Article 26 - NO AGENCY, PARTNERSHIP OR JOINT VENTURE:
No agency, partnership, or joint venture has been created between the Parties as a result of this Agreement. No Party has any authority to bind the other to third parties.
Article 27 - FORCE MAJEURE:
We are not liable for any failure to perform due to causes beyond our reasonable control including, but not limited to, acts of God, acts of civil authorities, acts of military authorities, riots, embargoes, acts of nature and natural disasters, and other acts which may be due to unforeseen circumstances.
Article 28 – INSTRUCTOR INSURANCE REQUIREMENT:
Proof of Instructor Insurance will be provided prior to use of classroom, preferably at the signing of this agreement in person or by email.
Article 29 - ELECTRONIC COMMUNICATIONS PERMITTED:
Electronic communications are permitted to both Parties under this Agreement, including email or fax. For any questions or concerns, please email us at the following address: info@3FDT.com