Last updated April 29, 2020
These terms and conditions (“Terms & Conditions”) set forth the legally binding terms and conditions for participation in the WeWork for Good initiative (the “Initiative”). References to (“WeWork”, “we” or “us”) refer to The We Company. References to (“Participant”, “you” or “your”) refer to “Eligible Organizations” participating in the Initiative.
If you have any questions, complaints, or claims with respect to the Initiative, you may contact us at Attn: WeWork for Good initiative, c/o The We Company, 115 West 18th Street, 4th Floor, New York, NY 10011 with a copy to email@example.com.
As part of the Initiative, WeWork will contribute up to two (2) months of workspace at no cost to “Eligible Organizations” who are directly engaged in COVID-19 response efforts in regions where WeWork operates. Additional program eligibility requirements may apply as directed by WeWork from time to time at our sole discretion. Such Eligible Organization must operate an “essential business” or similar designation in accordance with guidance issued by an applicable governing body for the municipality, city, state, or country where the Initiative is offered.
Eligible Organizations include (1) federal, state and local governments, (2) non-governmental organizations (NGO) and (3) nonprofits or other charitable organizations. If you are a nonprofit or NGO (e.g., a 501(c)(3) entity in the United States, Registered Charity in the United Kingdom or any not-for-profit organization or NPO equivalent in your country) you will be required to submit documentation demonstrating such status.
Existing WeWork Members or non-WeWork members who satisfy the eligibility requirements set out above may participate in the Initiative.
THE INITIATIVE IS VOID WHERE PROHIBITED OR RESTRICTED BY LAW IN THE COUNTRY IN WHICH THE ELIGIBLE ORGANIZATION IS BASED OR OPERATES OR WHERE OTHER REQUIREMENTS WOULD BE REQUIRED BUT HAVE NOT BEEN MET.
In addition to satisfying the Eligibility Requirements, participation in this Initiative is subject to you entering into a WeWork membership agreement, or in the case of an existing WeWork member, an amendment to your existing agreement, and you will be bound by all the terms stated therein (the “Membership Agreement”). The Membership Agreement shall govern your receipt of services at the particular WeWork location situated in the jurisdiction where this Initiative is being offered. You shall be subject to all the terms stated therein.
WeWork reserves the right to designate, assign and change eligible buildings participating in this Initiative.
WeWork, in its sole discretion, may refrain from entering into the Membership Agreement with you for any reason, including, but not limited to, you are no longer deemed an “essential business” or similar designation by an applicable governing body for the municipality, city, state, or country the WeWork location where the organization is participating in this Initiative.
If selected to participate in the Initiative, you expressly consent to the use of your name, image, likeness and/or logo in connection with identifying you as a Participant of the Initiative as well as in other promotional and marketing materials as further described in the Membership Agreement.
The availability of this Initiative, building locations and the requirements for participation are subject to change from time to time in our sole discretion, and we may change, suspend, or discontinue all or part of the Initiative at any time in our sole discretion. From time to time, we may also make modifications, deletions or additions to these Terms and Conditions. The Initiative offer is non-transferrable and no substitutions (including, without limitation, for cash) are permitted. If you violate any of the Initiative offer terms, the Initiative offer will be invalid.
WeWork is providing information to you about a third party (“Service Provider”). You acknowledge and agree that WeWork is not responsible for any third-party products or services offered by any Service Provider (“Services”). The Services are made available exclusively by the Service Provider, and WeWork is not responsible for the performance of the Services and does not make any representations about the Services. If you have any disputes or issues regarding a Service obtained from a Service Provider, you must contact the Service Provider directly. A Service Provider may provide goods or services that require a Service Provider to have a regulatory authorization or license. WeWork does not verify, validate, or collect evidence of any regulatory information about any Service Provider. You should make whatever investigation you deem necessary before purchasing any offering from the Service Provider. The Service Provider is solely responsible for the accuracy, care and quality of the Services being provided. Please contact the Service Provider directly with any issues or concerns.
By participating in this Initiative, you have represented that you meet the eligibility requirements and have complied with these Terms and Conditions. To the extent permitted by law, WeWork and our affiliates, parents, and successors and each of our and their employees, assignees, officers, agents and directors (collectively, the “WeWork Parties”) (a) disclaim all warranties and terms, express or implied, with respect to the Initiative, including warranties, terms or representations and (b) will not be liable for any indirect, special, incidental, exemplary, punitive or consequential damages, business interruption or loss of profits, or damages for lost time, goodwill or data, even if advised of the possibility of such damages and regardless of the form of action, whether in contract, tort, strict liability or otherwise. To the extent permitted by law, you, on your own behalf and on behalf of your employees, agents, guests and invitees, (i) waive any and all claims, liabilities, costs, damages, expenses and rights, including reasonable attorneys’ fees (“Claims”) against the WeWork Parties resulting from injury or damage to, or destruction, theft, or loss of, any property, person or pet and (ii) release the WeWork Parties from any such Claims. You shall and hereby do waive California Civil Code Section 1542 or any other similar law of any jurisdiction, which says in substance: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor.”
If any provision of these Terms and Conditions is held to be illegal or unenforceable, such provision shall be limited or eliminated to the minimum extent necessary so that the Terms and Conditions otherwise remain in full force and effect and enforceable.
If you are based in the U.S. or Canada:
This Initiative shall be governed by New York law, without regard to conflicts of laws provisions. By participating in this Initiative, you agree that any dispute or litigation arising from or relating to this Initiative (other than as it relates to the terms of the Membership Agreement which shall be governed by the laws stated therein) shall be determined by binding arbitration only in New York, NY, by and under the Streamlined Arbitration Rules and Procedures of JAMS, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. Notwithstanding the foregoing, WeWork may seek equitable relief in any court of competent jurisdiction.
If you are based outside of the U.S. or Canada:
This Initiative shall be governed by and construed under the law of England and Wales, without regard to conflicts of laws provisions thereof and by participating in this Initiative, you agree that any dispute or litigation arising from or relating to this Initiative (other than as it relates to the terms of the Membership Agreement which shall be governed by the laws stated therein) shall be determined by one or more arbitrators appointed in accordance with the rules set forth by the International Chamber Commerce. The place of arbitration shall be London, England. Any claim which is not subject to arbitration pursuant to this paragraph shall be adjudicated exclusively in English courts.