The Sandbox Santa Barbara TERMS OF USE (THE Sandbox Member Agreement)

This membership agreement is entered into by and between The Sandbox Santa Barbara Corp. having an address of 414 Olive Street, Santa Barbara, California 93101 (“Sandbox Santa Barbara”, “SandboxSB”, “we”, “us”, “our”), and Member as specified above.

The Sandbox Santa Barbara was created to foster and support a shared office space and coworking community by providing its members with office space, work stations, tables, office equipment, chairs, Internet connectivity, and other resources and services (known as, the “Services” and/or “Premises”) for a fee. Members seek the “Services” which The Sandbox Santa Barbara offers for a fee. By joining The Sandbox Santa Barbara, our members agree to certain rules for our community (“Rules of The Sandbox Santa Barbara” or “Rules”). The goal of a community such as The Sandbox Santa Barbara is to help each of us do our best work, and build great businesses, so we should be considerate of each other, play well together, and follow the Rules of The Sandbox Santa Barbara. If one of us doesn’t follow the Rules, it affects all of us, and as a condition to membership, we each agree to abide by this Membership Agreement (“Agreement”).

You acknowledge that you are participating in or using the Services at your own free will and decision. You acknowledge that The Sandbox Santa Barbara does not have any liability with respect to your access, participation in, use of the Services, or any loss of information resulting from such participation or use.

Any questions about this Agreement or any rules not covered here, should be addressed by email to info@thesandboxsb.com Otherwise, here are the Rules of The Sandbox Santa Barbara, which all members, including you, agree to:

  1. Conduct Behave well and treat others the way you would want to be treated. Keep in mind that people who are annoyed or offended may not tell you so directly, but instead engage less with The Sandbox Santa Barbara, which hurts everybody. At our sole discretion, or upon notice from other members, disruptive or abusive language or behavior will result in a warning and a mark against your membership (a “strike”). On the third strike, your membership will be revoked. Your membership may be revoked prior to the third strike upon our sole discretion. These are the general rules we ask you to abide by:

    • Respect the space and leave it as you find it. If you move things around, then return them to their original spot and please tidy up after yourself.
    • Indoor voice. We are all trying to get work done, so try to be mindful and respectful of others’ attention and time. Generally, if someone has their headphones on, please respect their privacy. The Sandbox Santa Barbara is not a library, and collaboration is encouraged, but this is a workplace, first and foremost.
    • Phone calls. If you have a phone call and it will last just a minute or two, feel free to take it in the common areas. If you are going to be on the phone for more than that, please use a designated phone area, a conference room (you’ll need to book it), step outside or take a walk. The designated phone areas and phone booths exist so that you and your fellow co-workers could have some privacy and avoid the mental oddity of hearing half of a conversation. Please do not, and we mean ABSOLUTELY DO NOT take any conference calls on speaker phone in the main space, desks or semi private offices. If you need to take a call or conference call were you need to be hands free, either use a headset, a phone booth, or book a conference room. Multiple voices adds to the noise in the space.
    • Harassment. We have zero tolerance for harassing our members or guests of The Sandbox Santa Barbara. Members or guests found in violation of this will be sanctioned or expelled from the space at our sole discretion.
    • Guests of Members. Feel free to invite friends or guests for lunch, or just to say hello. However, if your guest is going to be here for more than a 1/2 hour we would ask that they pay for a day pass.  If they are getting online, they need to purchase a day pass Guests are required to adhere to the Rules of The Sandbox Santa Barbara. 
    • Children
      Infants THE SANDBOX Team is committed to creating a productive workspace for paying adult members. To support working parents, THE SANDBOX, encourages onsite infant care during the first 2 years of life for the purposes of breastfeeding and bonding.

      Children (2-18) THE SANDBOX team acknowledges that working parents may need some flexibility in the care for older children. To assist with this, Children (aged 2-18) are allowed “free visits” to their parents for up to 15 minutes per occasion. They must sit quietly with the parent and must respectfully follow the community standards.

      THE SANDBOX team is also aware that life’s visits don’t always fit neatly into a 15 minute periods. To assist with this, and like all guests, a member can purchase a visiting day pass for their children ( aged 2-18) at the normal price of $25. However, our intentions are not to become a daycare or after school alternative, so we are limiting the purchase of day passes for children to two per member per month. We much rather see kids outside exploring nature with their peers.

    • Pets
      Pets are not allowed under any circumstances.

    • Desk use.

      • Semi-Private & Private Desks & Offices: this desk space is yours to use, and will be occupied solely by you during the time of your membership. Please feel free to add your personal items to your desk, but refrain from marking on or destroying the desks in any way (this includes stickers).
      • Coworking Tables and Desks: Please do not leave property on the desks or around the desks when you will not be working there that day. Take home what you bring in, or know that it will go in the Lost & Found. Leaving items on desks will result in a strike.
    • Refrigerator. The refrigerator is primarily for storing that day’s food, beverages, and some occasional leftovers from events or meetings. As a general policy, food that is older than one week and taking up space will be thrown out. Containers or food left in the refrigerator may be thrown out at any time at our sole discretion. Labeling your food will help us at least give you a heads up. We clean out the refrigerator every Friday. If it’s unidentified it will be composted, given to the homeless, or recycled.
    • Alcohol policy. We do not tolerate intoxication at the space. Be mindful, too, that your “quitting time” may not match up with everybody else’s schedule. Underage drinking is not tolerated and will result in immediate cancellation of membership. You also agree to hold The Sandbox Santa Barbara LLC harmless of any wrongdoings, legal issues, malicious or harmful activities you may participate in on the premises or after leaving the Sandbox Santa Barbara.
    • Beer and Wine. By agreeing to this membership you are also aware of the beer and wine that will sometimes be available at The Sandbox. As a member you also agree to hold The Sandbox Santa Barbara LLC harmless of any wrongdoings, legal issues, malicious or harmful activities you may participate in on the premises or after leaving the Sandbox Santa Barbara.
    • Overnight use. We understand that our members may need to pull a late night of work every now and again. You’re invited to take advantage of your 24/7 Access (if provided with your membership). However, you can’t live here. Under no circumstances is sleeping at the space overnight allowed.
    • Heat & air conditioning. The heat and air conditioning is on a schedule that makes sense for most people and may be controlled by the building. Please do not attempt to alter the thermostats. If the heat or air conditioning do not seem to be working, please notify us.
    • Meeting Space and/or Board Room: Please be aware that the meeting rooms, including the airstream trailer, are not freely open to use. The rooms run on a calendar booking system and require a payment by members, and the public to use.
    • Reasonable Use. There are plenty of services that The Sandbox Santa Barbara provides that are of a non-restricted nature including, but not limited to, Internet bandwidth, coffee, member events. printing, copying, and meeting/board room access. It is understood that these services are offered as a benefit of membership (some requiring additional fees) and are not a right. The Sandbox Santa Barbara, in it’s sole discretion may limit access to these items, or charge a fee for them.
    • Security. You will not compromise the building security or the security of the spaces therein and will ensure that all reasonable measures are taken to safeguard the The Sandbox Santa Barbara building, occupants and the occupants possessions. At no time should security locks be bypassed or left in an open position and external doors should never be propped open unless done so by a Sandbox manager. Member understands that The Sandbox Santa Barbara monitors and tracks all activities using a variety of technologies including, but not limited to, video surveillance, access cards, internet access systems and intrusion systems; and agrees to such monitoring and tracking.

2. The Sandbox Community

Believe in yourself, believe in others, and especially believe in the collaborative power of the The Sandbox Santa Barbara community. Network. Collaborate. Work hard. Create. Have fun. Improve. Be respectful. Let's all improve!  We also love ideas to make The Sandbox Santa Barbara better. 

3. Business Development Conduct

Don’t join The Sandbox Santa Barbara because you are only interested in selling to other members. That includes multi-level marketing or promoting “get rich quick” schemes. We are about creative, collaborative and honest business at The Sandbox, so don’t bring anything else here. Violations of this will result in a strike, or in many cases a termination of your membership.

4. Changes

We will do our best to notify members of changes to the Rules and this Agreement. We will also keep an up-to-date copy of this agreement on our website.

5. Term

When completed by the Member, this Agreement will be effective on the Start Date.

      1. If the Membership Period is designated as a “Monthly” Membership Period, then the “Term” of the Membership will begin on the Start Date specified above and will continue on a monthly basis, until terminated by a party in accordance with these Terms and Conditions.
      2. If the Membership Period as specified above is designated as a “Daily” Membership Period, then the “Term” of the Membership will begin on the Start Date specified above and will terminate at the end of that day, or, if the Member elects to continue or extend the Membership, then this Agreement will continue for so long as the Member elects to continue the Membership and pay its Fees.
      3. If the Membership Period as specified above is designated as an “Other” type Membership Period, then the “Term” of the Membership will begin on the Start Date specified above and will terminate at the end of the Membership Period specified therein.
      4. This agreement is for an initial term as specified above and shall renew itself from month to month.
      5. In all events, any use by Member of the Services shall be subject to the terms of this Agreement.

6. Fees

We collect fees for monthly memberships, day passes, conference rooms and any other charges through credit card or bank account billing. If you believe you have been billed in error, you should contact us before disputing the charge with your credit card company (they are usually easy to solve). You are expected to pay for all services up front. If payment is not made on time late fees will apply and this agreement may be terminated by the sole discretion of The Sandbox Santa Barbara.

Membership is paid monthly, quarterly, every six months or yearly unless otherwise agreed to in writing.

7. Termination

      • Termination by Member. Excluding Day Pass Members, any Member may terminate this Agreement at the end of the initial term or subsequent month to month renewal term by providing at least thirty (30) days’ prior written notice to us; provided, however, that only the last business day of a calendar month may be set as the termination date and the Member will not be entitled to any proration with respect to any Fees. For example, if the Member delivers a termination notice on August 15, the termination will not be effective until the last business day of September, and Member will owe Fees due for the entire month of September.Excluding Day Pass Members, any Member may terminate this Agreement during the initial term by providing at least ninety (90) days’ prior written notice (“Notice Period”) to us; provided, however, that only the last business day of a calendar month may be set as the termination date and the Member will not be entitled to any proration with respect to any Fees. For example, if the Member delivers a termination notice on August 15, the termination will not be effective until the last business day of November, and Member will owe Fees due for the entire months of September, October, and November. The Notice Period, or a portion therein, may be waived in our sole discretion if Member provides The Sandbox Santa Barbara with a new Member who starts an identical new Membership with The Sandbox Santa Barbara.
      • Termination by The Sandbox Santa Barbara. We may immediately terminate this Agreement, including, without limitation, the Membership and access to the Premises, by written notice to you (email to suffice), upon breach of this Agreement by you, or at any other time for convenience, when we, in our sole discretion, see fit to do so. Member will remain liable for past due amounts and we may exercise our rights to collect due payment despite termination of this Agreement. Beyond those day-to-day rules, you agree not to use The Sandbox Santa Barbara for any purpose that is unlawful, prohibited, or that could damage, disable or impair any of The Sandbox Santa Barbara’s property, or keep other members from using The Sandbox Santa Barbara’s property, or that would hurt The Sandbox Santa Barbara as an ongoing business. This also means you won’t attempt to gain access to any computer systems or networks of The Sandbox Santa Barbara (beyond general web access), or attempt to obtain any materials or information not intentionally made available to all members. You will also not attempt to obtain any materials or information from other Sandbox Santa Barbara members. If you attempt to do any of these bad things, your membership may be terminated immediately.
      • Removal of Property. Prior to the termination or expiration of this Agreement, you will remove all of your property from the Premises. After providing reasonable notice (email to suffice), we will be entitled to dispose of any property remaining on the Premises without any obligation to store or return such property, and you waive any clams or demands regarding such property or our handling of such property. You will be responsible to pay any fees reasonably incurred by us regarding such removal. Following the termination or expiration of this Agreement, we will not forward or hold mail or other packages delivered to us.
      • Meeting room bookings unfortunately can not be refunded unless canceled 48 hours before the meeting room time.

8. Connections

You also agree not to use The Sandbox Santa Barbara in connection with:

      1. Contests, pyramid schemes, chain letters, junk email, spamming or similar annoying behavior;
      2. Defaming, abusing, harassing, threatening or otherwise violating the legal rights (such as privacy and publicity) of others;
      3. Posting, distributing or disseminating inappropriate, profane, defamatory, obscene, indecent, or unlawful material or information;
      4. Uploading, reproducing, using, performing or otherwise making available, images, software or other material or information which infringes another’s rights, or is protected by intellectual property laws where you don’t own or license such rights; and
      5. Uploading or using files that contain viruses, corrupted files, or any other similar software or programs that may damage the computers or property of The Sandbox Santa Barbara or another member.

9. Confidences

You acknowledge that during your membership at The Sandbox Santa Barbara, you are going to be exposed to The Sandbox Santa Barbara Confidences. “The Sandbox Santa Barbara Confidences” means information (such as business information, trade secrets, technology, customers and prospects, and other secret stuff) disclosed by The Sandbox Santa Barbara or by other members of The Sandbox Santa Barbara (including through your keen observation) that is confidential or proprietary in nature and simply just or should just not be known by others. It’s plain and simple - you agree to keep confidential and not to disclose or use The Sandbox Santa Barbara Confidences, you understand that they remain the exclusive property of whomever disclosed them, and you don’t acquire any rights to such Confidences. If there are any problems or questions regarding this, please email info@thesandboxsb.com

10. Complaints

Please don’t make defamatory or disparaging comments about The Sandbox Santa Barbara or other members. Frankly, if you don’t have anything good to say, then keep it to yourself or let us know about it. We can probably fix it or at least talk about it. But please, try to resolve it politely and professional by yourself first.

11. Events

The Sandbox Santa Barbara is also an event space. Because of the layout of the building, and because of the events we host we don’t think the events will be a distraction to members who may just want to focus on their work. However, keep in mind that The Sandbox and our community is driven by personal interaction and we feel that events are a great way for this to happen and for our members to connect, network and grow their business. To that end we will host events, produced by 1) The Sandbox, such as learning seminars, demo nights, member thank you parties, dinners, heath and wellness classes and coffee socials; 2) outside partner entity events (such as StartupSB); 3) and events produced by private organizations and individuals who rent the space for conferences, workshops, company meetings, company parties, wedding rehearsal dinners, photo-shoots, film shoots, audio recording sessions, product releases, etc.

12. Our Airstream

If you haven’t noticed we have a shiny large airstream on the property that is part of the space and the business. The airstream will be used for different purposes, including but not limited to 1) a rentable conference room; 2) additional coworking space for members; 3) a room for socializing during events, etc, and; 4) an office for the management team. You should treat the airstream just like the rest of the space but know that it is mobile vehicle and might have many differences from a traditional office setting.

13. Acknowledgement About Premises

You acknowledge that the Premises are or may be a part of another building or complex and you agree to abide by any rules and regulations applicable to tenants, visitors, or guests thereto and will otherwise conduct your activities in a manner that minimizes any disruption to the building or complex.

14. Liability

Neither The Sandbox Santa Barbara nor its members will assume any liability to you with respect to your access to, participation in, use of The Sandbox Santa Barbara, The Sandbox Santa Barbara Services, or The Sandbox Santa Barbara Premises or any loss of information or other property resulting from such participation or use. Basically, if you leave stuff here and it disappears, we are not liable (but we will certainly look into how it happened and work to prevent such losses).

The Sandbox Santa Barbara will not assume liability for damages or injuries to members, clients, guests, or other parties that members may invite to The Sandbox Santa Barbara. As a user, you are required to carry an appropriate Insurance Policy to cover your own equipment and liability while using our space and any other insurance you deem necessary or desirable. We would be glad to put you in touch with our insurance agent about a general liability policy, if this is of particular concern.

15. Photography & Quote Statement Release

To advance The Sandbox Santa Barbara and its role in the community, The Sandbox Santa Barbara regularly utilizes images and/or quotes/statements of The Sandbox Santa Barbara’s programs, facilities, and members to feature in marketing and promotional materials. Your image and/or quote/statements/participation may be used in print and electronic media for The Sandbox Santa Barbara, including but not limited to The Sandbox Santa Barbara’s website, newsletters, press releases, and brochures. As such, you authorize The Sandbox Santa Barbara to use your image and or quote/statement for any use The Sandbox Santa Barbara deems appropriate in the promotion and marketing of The Sandbox Santa Barbara. You understand that your quote/statement may be edited but will continue to reflect your original meaning. You understand that your name, credentials and company information may be identified. You fully discharge The Sandbox Santa Barbara from any and all claims, monetary and otherwise, arising out of the use of your quote/statement. By signing the end of this agreement, you give permission to The Sandbox Santa Barbara to use your photograph,image, and/or quote/statement as described above.

16. Disclaimer

Legal types ask that the following sections be CAPITALIZED, which means you’re really supposed to pay attention (frankly, you’re supposed to pay attention to ALL these Rules of The Sandbox Santa Barbara). Here goes:

      1. The Sandbox Santa Barbara PROVIDES SERVICES “AS IS” AS A SERVICE AND NOT AS A LEASE OF REAL PROPERTY, AND DISCLAIM ALL WARRANTIES AND CONDITIONS, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR USE, TO THE EXTENT PERMITTED BY LAW. OH YEAH, THERE IS ALSO NO WARRANTY OF TITLE, QUIET ENJOYMENT OR POSSESSION. THE ENTIRE RISK OF PARTICIPATING IN OR USING The Sandbox Santa Barbara SERVICES, REMAINS WITH YOU.
      1. IN NO EVENT SHALL The Sandbox Santa Barbara OR ITS AGENTS, OWNERS, MEMBERS, OR EMPLOYEES BE LIABLE FOR ANY DIRECT, SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE, CONSEQUENTIAL OR OTHER DAMAGES WHATSOEVER (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOST PROFITS, LOSS OF CONFIDENTIAL OR OTHER INFORMATION, BUSINESS INTERRUPTION, PERSONAL INJURY, LOSS OF PRIVACY, FAILURE TO MEET ANY DUTY (INCLUDING OF GOOD FAITH OR OF REASONABLE CARE), NEGLIGENCE, AND ANY OTHER LOSS) ARISING OUT OF OR IN ANY WAY RELATED TO The Sandbox Santa Barbara’s SERVICES OR OTHERWISE, TO THE EXTENT PERMITTED BY LAW.

17. Indemnification

Besides all that CAPITALIZED stuff in 14. Disclaimer, you also release, and agree to indemnify, defend and save harmless The Sandbox Santa Barbara, its agents, owners, members, contractors and employees, from and against all claims, liabilities, losses, damages, expenses, judgments, fines and penalties based on or arising out of your negligent actions, errors and omissions, willful misconduct or fraud, breach or violation of the Rules of The Sandbox Santa Barbara or in connection with your participation in The Sandbox Santa Barbara or use of The Sandbox Santa Barbara’s Services.

18. Consent

Take note that you can’t assign this Agreement without the prior written consent of The Sandbox Santa Barbara. Since The Sandbox Santa Barbara is situated in the City of Santa Barbara, we all agree that the law of the state of California governs this Agreement. And we further agree that exclusive jurisdiction and venue for all purposes under this Agreement shall be in Santa Barbara, California and everybody consents to such jurisdiction and venue. Finally, in the highly unlikely event that any provision or portion of this Agreement is determined to be invalid, illegal or unenforceable for any reason, in whole or in part, the remaining provisions of this Agreement shall be unaffected and shall remain in full force and effect to the fullest extent permitted by law.

19. Notices.

Any notices under this Agreement shall be delivered in person, by ground mail, email, or facsimile or other such service to the party at the address listed in this agreement. Any such notice shall be considered delivered upon delivery in person, by ground mail, email, or facsimile or other such service.

I hereby acknowledge that I have read and understood all of the terms and conditions contained in this Membership Agreement and further agree to be bound to the Membership Agreement regarding my participation in and use of the Services.