Terms and conditions

General Terms and Conditions

Terms of Service

Scope and Definitions

These terms and conditions (“Terms of Service”) govern your use of our premises and your use of any amenities or services within or about our premises.

As used in these Terms of Service, the words “Boost,” “we,” “us” and “our” mean and refer to Boost Workplaces, LLC, t/a The Mclean Business Club.

“Property” means the real property, office building, parking lot and other improvements at 6731 Whittier Avenue, McLean, Virginia 22101.

“Premises” means Suite B-200 within the office building at the Property and the parking lot at the Property. “Premises” does not include common areas or any other space within the office building or other areas on or about the Property.

“You” and “your” as used herein mean and refer to a customer of Boost, including the customer’s employees, affiliates, and Visitors to the Premises.

“Services” are all amenities and utilities (including electrical and Wi-Fi service) that we offer. Services are offered ancillary to your licensed use of our Premises. They include beverages and snacks, a pantry for Member use, meeting hosting, catering services, document production services, telephone service, video conferencing, business directory listings, and other amenities or offerings beyond a license to enter the Premises and use its shared areas and/or offices. Some Services are offered at additional charge.

“Member” means and refers to a customer who purchases a right to exclusive use of one or more private offices or one or more dedicated desks within the Premises on a recurring basis (typically month-to-month) who is not a Day User (as defined below.)

“Day User” means and refers to a customer who purchases a right to use shared workspace, one or more desks or private offices, or other space within the Premises on a non-recurring hourly or daily basis.

“Plan” (or “Member Plan”) means and refers to a license sold to a Member to enter and use the Premises and the Services. “Member Agreement” means these Terms of Service and a writing accepted by you that describes the scope and limitations of your Member Plan and related charges.

“Privileges” means and refers to a license sold to a Day User to enter and use the Premises and the Services.

“Day User Agreement” means these Terms of Service and a writing accepted by you that describes the scope and limitations of your Day User Privileges and related charges.

“Event Guest” means and refers to a customer granted a license limited to admission to the Premises to attend an Event (as defined below.) “Ticket” means and refers to these Terms of Service and any written permission granted to you as an Event Guest to enter the Premises to attend an Event.

“User” means and includes Members and their Visitors, Day Users, Event Guest and anyone else who uses the Premises under a license granted by us according to these Terms of Service.

Where the phrase “(Members Only)” precedes a provision of these Terms of Service, or where context indicates, those provisions apply only to Members. Otherwise, the provisions of these Terms of Service apply to all who enter or use the Premises.

As used herein, “this Agreement” means these Terms of Service and any written Plan, Privileges or Ticket that pertains to you.

Users accept these Terms of Service either expressly or through use of the Premises or Services. If you are a Member, then your employees or affiliates who are included in your Plan are also deemed Members and also accept these Terms of Service in similar manner. Members are responsible for ensuring that their Visitors also comply with these Terms of Service.

Additional definitions are found in these Terms of Service.

Shared Workspace Concept, Purpose and Limitations on Use

Boost licenses portions of the Premises to Users as shared workspace with the Services for general office use for business purposes. The Premises is a combination of private offices, day offices, shared workspace, a lounge, conference rooms, and a pantry. No overnight accommodations are offered. You may not conduct the retail sale of goods from within the Premises. Access to certain areas of the Premises depends on whether you are a Member (or Visitor of a member), a Day User, or Event Guest. Limitations on services are as described in each customer’s Plan, Privileges or Ticket. Your license is for business or commercial purposes only and not for personal or household purposes.

Nature of Relationship

Boost sells you a revocable license for your shared use of a portion of the Premises and the Services. Subject to these Terms of Service, when you purchase a Plan, Privileges or Ticket, Boost grants you a non-transferable license to use the Premises and Services for a specific period of time as described and limited by the Plan, Privileges or Ticket and by the applicable provisions of these Terms of Service. We reserve the right to relocate or modify the Premises in any manner and to enforce maximum occupancy limits and other use restrictions.

No tenancy, leasehold estate or other real property interest is created between you and us, or between you and Boost’s landlord, notwithstanding anything in this Agreement or any other writing to the contrary. Nothing in this Agreement shall be construed to grant you a possessory interest, title, easement, lien, or any other rights in either the Premises, Boost, or Boost’s business other than a limited, revocable license as described by this Agreement. The whole of the Premises is and remains in our exclusive possession and control.

Plans

Plans are subscriptions for a license for the use of shared workspace, one or more desks, or one or more dedicated offices within the Premises and Services on a periodic basis but renewable and terminable as described in a Member Agreement. Members who license one or more dedicated offices under a Plan are entitled to use of the pantry. Plan prices are as set forth in a Member Agreement or on our website. In the event of a conflict between a Member Agreement and our website as to applicable pricing, the Member Agreement shall prevail. Unless otherwise specified in a Member Agreement, the term of a Plan is monthly and renewable on a month-to-month basis. Services that are included in a Plan at no extra charge are specified in the Member Agreement. Where a Service or use of the Premises is not specified in the Member Agreement, it is not included in that Plan but may be available at additional charge. Plans generally contain quantity or time limitations on included Services. Where those limits are exceeded, you agree to pay additional charges for such Services.

Privileges

Day User Privileges are licenses for hourly or daily use of shared workspace, one or more desks, or one or more dedicated offices within the Premises and Services as described in a Day User Agreement. Privileges may include hourly or daily use of shared workspace, a day office, one or more desks, one or more private offices, or the use of a conference room. Privileges prices are as set forth in a Day User Agreement or on our website. In the event of a conflict between a Day User Agreement and our website as to applicable pricing, the Member Agreement shall prevail. Privileges generally do not grant access or a right to use the pantry, which is reserved for certain Members. Services that are included in a Plan at no extra charge are specified in a Day User Agreement. Where a Service or use of the Premises is not specified in a Day User Agreement, it is not included in the Privileges but may be available at additional charge. Privileges generally contain quantity or time limitations on included Services. Where those limits are exceeded, you agree to pay additional charges for such Services.

Event Tickets

Tickets are licenses granted to Event Guests to enter the Premises to attend a single Event. An “Event” is a scheduled seminar, presentation, social gathering, or the like that is either open to the public or open to a segment of the public.

Virtual Office Subscription

A “Virtual Office Subscription” is a Plan that does not include a right to enter the Premises or to use Services other than those expressly identified in the Member Agreement. Virtual Office Subscription services may include mail acceptance, mail forwarding, telephone receptionist services. A “Virtual Office Subscriber” is a customer who has purchased only a Virtual Office Subscription. Members who have not purchased a Virtual Office Subscription may receive mail and parcels delivered to the Premises in reasonable volume as an amenity included with their Plan (“Member Mail Service.”) Member Mail Service does not include mail forwarding or telephone reception services. Those services must be purchased separately as a Virtual Office Subscription.

Conference Room Use

Our conference rooms are available for use at an additional charge on a first-come, first-served basis. Conference rooms must generally be scheduled in advance. Time limitations must be strictly observed as a courtesy to other users. Additional charges apply to conference room use in excess of allotted time. Conference rooms are for meetings with your customers, employees, and vendors only. Conference time may not to be used to host an Event or for social events.

Credits

Plan Members receive conference room and printing credits, discounted rates for their use of our conference rooms and discounts for certain other Services as set forth in their Plan. Unused credits do not roll over or accrue between the applicable periods described in your Plan and are non-transferrable.

Telephone Service

You are not permitted to install any telecommunications equipment, including telephone or data transmission lines. Landline voice-over-IP telephone service and telephone receptionist services are available to Members, Day Users and to Virtual Office Subscribers at our published rates or as set forth in a Member Agreement, Day User Agreement or Virtual Office Agreement. When subscribed for, telephone receptionist services are provided from 8:30 a.m. to 5:00 p.m., Eastern Time, Monday through Friday, except on holidays observed by the U.S. federal government. This schedule is subject to change without notice. When you subscribe for telephone service, we will furnish you with a landline telephone for use within the Premises. Such telephones are the only telephone devices permitted other than personal cell phones. Telephones remain our property, must remain within the Premises, and must be returned to us upon the expiration of any telephone service subscription. A $200 charge will be imposed for each phone not returned to us at the end of any license period. Local and long-distance toll charges will be included in your phone service subscription fee up to the number of local and long-distance minutes identified in your Plan invoice. Additional minutes will incur additional charges.

Mail Service

Where Mail Forwarding service is purchased, we will forward mail and parcels to your record address; we do not forward mail or parcels to third parties. Member Mail Service terminates upon termination of a Member’s Plan. Virtual Office Subscriptions are offered on a month-to month basis. We reserve the right to decline to renew a Virtual Office Subscription for any reason. Members and Virtual Office Subscribers who do not subscribe for Mail forwarding services must retrieve their mail from us in person at least once per month. We reserve the right to add Mail Forwarding service at our current Mail Forwarding subscription rate, plus postage, to the Plan of any Member or to the subscription of any Virtual Office Subscriber who fails to retrieve mail from us at least once per month. Subject to availability, we will assign a physical mailbox within the Premises to Members and issue a virtual suite number to Virtual Office Subscribers for use in receiving mail at the Premises address. We may charge additional amounts for excessive mail or parcel volume. We may require Members and Virtual Office Subscribers to complete and submit a USPS Form 1583 which, if submitted, will become part of these Terms of Service. Individual Members and Member groups will generally be entitled to use of one keyed mailbox per individual Member or Member group. Members who are assigned a physical mailbox agree to pay a key replacement fee of $50.00 for the loss of a mailbox key or for failure to return a mailbox key upon termination of their Plan. You assume the risk of loss of, or damage to, mail and parcels received in the Premises and release us from any liability for such loss or damage.

Duration of Memberships, Day Passes and Tickets

Plans are generally offered on a periodic basis (generally month-to-month) but are extendable or may be terminated early as described in this Agreement. Plans may be terminated by you or use at any time upon thirty (30) days’ written notice unless a different notice period is described in your Member Agreement. Your Plan will automatically renew unless we give you notice of termination or you give us such notice. Privileges (Day User licenses) are valid only for the days or time periods identified in the Day User Agreement and are not automatically renewed. Tickets are valid only for the duration of the single Event described in the Ticket.

Reset Fee

(Members Only) We charge you a reset fee (“Reset Fee”) to be used at our discretion to pay past due amounts that you owe, to remedy any breach of this Agreement by you, and to compensate us for any damages, repair costs or other costs caused by you, your employees or your Visitors. Members pay the reset fee stated in their Member Agreement. Your Reset Fee is due upon acceptance of your Member Agreement. The Reset Fee is not intended to be a reserve from which charges may be paid. However, at our discretion we may deduct any charges you owe us from your Reset Fee. In such case, you must promptly replenish your Reset Fee to its original amount. Failure to do so constitutes a breach of this Agreement. We are not required to segregate your Reset Fee from other funds, nor obligated to pay you interest on your Reset Fee. Any unused portion of your Reset Fee will be returned to you no later than forty-five (45) days following termination of your Plan.

Charges, Billing and Payment

You agree to pay the charges and deposits identified in your Plan, Privileges or Ticket. All charges and deposits are due in advance. Failure to a pay any charge or deposit as and when due will result in suspension of your right of access to the Premises and may result in additional charges. Ticket sales are final and non-refundable. You will be charged $50.00 for returned, stopped, rejected or disputed payments. A late charge of 8% of any amounts owed is imposed on any charge not paid by its due date. Past due balances additionally incur interest of 1.5% per month on all past due amounts and late charges.

All charges shall be made in U.S. dollars. Plan charges shall be paid via electronic debit (ACH) withdrawals from your designated financial institution account(s), or by debit or credit card, in advance or on such date as may be described elsewhere in these Terms and Conditions or in your Plan, Privileges or Ticket. We are not required to accept, and generally do not accept, payment in cash or by check. No delay in collection of any charges you incur shall constitute a waiver of our right to collect such charges. We collect, and you agree to pay, sales tax on all purchases subject to sales tax.

(Members Only) (These terms are in addition to those stated above.) Members must maintain a valid form of electronic payment on file at all times. We will collect your monthly Plan charges from your form of payment on file with us in advance of each month for which you owe charges. Your first and last month’s charges and Reset Fee must be paid upon acceptance of your Member Agreement or on such date, if any, that is specified in your Member Agreement. We may collect any additional charges you incur during the month at the time you incur those charges or, at our discretion, we may add those charges to your monthly invoice.

Plan and Privileges Credits

Some Plans and Privileges include credits for use toward payment of certain Services as described in your Member Agreement or Day User Agreement (“Credits.”) Credits have no cash value, are not transferrable, and do not roll over or accrue from month to month.

Denial of Access

We reserve the right to deny you access to the Premises and, at our option, immediately terminate this Agreement, for your failure to pay any charges due us or for any breach of these Term of Service. You acknowledge that such failure or breach may result in suspension or termination of your privilege of access to the Premises without prior notice to you. You waive any and all claims against us for any direct, incidental or consequential damages you may suffer or incur as a consequence of a denial of access to the Premises.

Cancellation Policy

Plans are cancellable by us or by you on 30 days advance written notice or such other period expressly stated in your Member Agreement or Day User Agreement. Catering, specially booked services, and any conference room or other room reservation must be cancelled at least twenty-four (24) hours in advance, or you will be charged the full amount. Plans may be cancelled after acceptance but before commencement for a 25% cancellation fee. Plan charges are pro-rated upon cancellation after commencement.

Visitors

Visitors are Users who are invitees of a Member, such as clients of a Member. They are permitted complimentary access to the Premises and Services. Event Guests and Day Users are not permitted unpaid Visitors.

(Members Only) Visitor access is limited to individuals who are conducting business with a Member. Visitors may be granted access without charge in reasonable numbers proportionate to the extent of your Plan and at our discretion. We reserve the right to limit the number of your Visitors, to limit their use of the Premises or Services, and to impose additional charges for Visitors when we, in our sole and absolute discretion, deem their number or their use of the Premises or Services to be excessive. You are encouraged to book a conference room if you expect to host more that two Visitors at on time. We reserve the right to deny access to any Visitor or revoke a Visitor’s permission to remain within the Premises for any reason. Visitors will not be granted access unless you or another Member within your Plan are within the Premises. You must be present at all times while a Visitor of yours is within the Premises.

No Unlawful Use

You agree that you shall not use the Premises or any Services for any unlawful purpose.

Limitations on Services

We reserve the right to limit your consumption of food and beverage and your use of other Services, including Wi-Fi and other electronic services, at all times and from time to time.

No Assignment

Plans, Privileges and Tickets are non-transferrable, non-assignable and may not be sublicensed.

Manner of Access and Credentials

The Premises is equipped with an electronic door access system. We may issue you a key FOB or may require you to access the Premises using a smart phone. Key FOBs and smart phone credentials are not transferable and are for the sole use of the individual to whom they were issued by us. You shall not make, or cause to be made, copies of any such keys or key FOBs You agree to deliver to us all keys and key FOBs issued to you or any employees of yours. You agree to pay a charge of $50 for any keys or FOBs you fail to return. In the event of an electrical, software and/or hardware failure, access to the Premises may not be available. We are not liable for any loss or damages, including any consequential damages, you may incur as a consequence of an inability to gain access to the Premises due to a system failure.

Shared Resources

You may use conference rooms, shared workspaces, hot-desks (desks not dedicated to you under your Plan or Privileges) and lounge areas based on availability and, in the case of conference rooms, subject to additional charges, advanced notice and booking restrictions. Day Users and Event Guests are not permitted access to the pantry, which is reserved for Members with a dedicated office Plan. (Members Only) (These terms apply in addition to those stated above.) The pantry is a shared resource reserved for use by Members with one or more dedicated offices in their Plan.

Sponsoring Events

An event is a group activity such as a networking event, workshop, seminar, presentation or any other group activity other than a private business meeting of 10 people or fewer. All events must be book at least 24 hours in advance. Attendees (Event Guests) must receive authorization and credentials from us to attend any Event.

Mail

If you purchase mail services from us, you are responsible for ensuring that it is addressed to your company or individual name on file with us. You hereby designate Boost Workplaces, LLC as your authorized agent for receipt of mail and parcels. We are not responsible for lost or damaged mail/parcels. We reserve the right to refuse and/or limit mail receipt or forwarding services for any reason, or to impose additional charges for excessive deliveries.

Parking and Parking Lot

Parking in the parking lot of the Property is offered free on a first come, first served basis. You are not entitled to an assigned parking space. Vehicles must be parked within one parking space. We reserve the right to impose a charge $50 for an improperly parked vehicle . You must be using the Premises to park a vehicle in the parking lot. No overnight parking is permitted. You use our parking lot at your own risk and waive any claims against us for damages occasioned by your use of the parking lot. We reserve the right to tow any vehicle that is parked in a manner that does not conform to these Terms of Service.

Member Primary Contact

(Members Only) You agree that one individual registered under your Plan shall be identified to us as your primary contact ("Primary Contact”) who is authorized to act as your representative and to obligate you to us. We may rely on any acceptances, approvals and/or consents of your Primary Contact, including, without limitation, any request for Services that carry an additional charge and any request for changes or additions to your Plan.

Indemnification and Limitation on Liability

To the maximum extent permitted by applicable law, you hereby fully and irrevocably waive, release and remit any and all claims against us or against our officers, directors, managers, members, employees, agents, affiliates, successors or assigns (collectively the “Boost parties”) for any damages of any nature whatsoever (including, but not limited to, consequential damages, damages for loss of profits, loss of confidential or other information, loss of reputation, or attorney’s fees or costs associated therewith), for any cause of action under any theory of law or equity arising out of or in any way related to your use of the Premises or the Services therein, including your inability to use any of them, or in connection with any provision of these Terms of Service.

Without limiting the foregoing, the Boost parties shall not be liable for any loss of or damage to any property of yours, your agents and/or your Visitors, including for any items lost due to theft or otherwise, nor for any injury or damage to persons or property resulting from any cause, including but not limited to negligence, acts of God, flood, fire, riots, acts of other Users or of others within the Premises. In the event that, notwithstanding the foregoing, the Boost parties or any of them shall be adjudged by a court of competent jurisdiction to be liable to you for any cause of action under any theory of law or equity then, notwithstanding any damages proved by you, your damages shall be limited to and shall not exceed an amount equal to the amounts you have paid us for the most recent single month of your Plan, the most recent single month of your Privileges, or for your Ticket.

You agree to release, discharge, indemnify, defend and hold harmless the Boost parties from and against any and all claims, liability, losses, damages or injuries of any kind arising out of or related to your relationship with us or your use of the Premises. Without limiting the generality of the foregoing, you expressly agree to indemnify and hold the Boost parties harmless from any damages, cause of action, or claims, including any claims related to death or personal injury, or to the destruction or loss of any equipment, property, goods, wares, merchandise, supplies, cash upon the premises or, by any reason of fire, theft, robbery or burglary, or for bodily injury, or for any business or other loss, if caused by you, your employees, agents, Visitors or invitees of yours to the Premises.

Governmental Requirements

You are responsible for determining whether any business license, permits or other governmental permissions are required for you to conduct business within the Premises. We make no representation to you regarding such permissions. You agree to indemnify us against and reimburse us for any governmental fees, fines or penalties imposed upon us or that we as a practical matter must pay as a consequence of your use of or presence within the Premises.

Premises “As Is” and No Alternations

The Premises is made available to you “as is” with all faults or limitations. You may not make any alterations, repairs or other changes to the Premises. You may not install any computer systems or cabling within the Premises other than a laptop or desktop computer and a personal printer.

Interruption of Utilities

We do not guarantee the continuous availability of electrical service, plumbing, heat, air conditioning, telephone, Internet access, or other utilities (collectively “Utilities.”) We are not responsible for losses incurred by you as a consequence of any interruption to or degradation of Utilities. You acknowledge and agree that certain Utilities, such as Internet access, are shared and may become unavailable, of limited availability, or degraded due to heavy use. Without limiting the foregoing, you acknowledge and agree that the liability and indemnification provisions of these Terms of Service apply to any interruption to or degradation of Utilities.

Use of Our IT Systems

You acknowledge and agree that in order to access the Premises, use our network, use our printers or use other shared devices or Services, you may be required to install drivers or software furnished by us. You agree that we shall not be held liable for any damage resulting to your computers, smart phones, computer systems, hardware, software, files, and data or to those of your Visitors due to use and/or installation of such drivers or software. Without limiting the foregoing, you acknowledge and agree that the liability and indemnification provisions of these Terms of Service apply to any such damage or loss.

We can neither ensure nor guarantee the privacy, security or safety of your data or communications stored or transmitted within our systems. You acknowledge and agree that you are responsible for protecting your own hardware, software, systems and data and for maintaining the confidentiality of your data, systems and communications. We are not responsible for any damages or losses that are the result of any security breaches to our network, whether from either external causes or from within the Premises. Without limiting the foregoing, you acknowledge and agree that the liability and indemnification provisions of these Terms of Service apply to any such damage or loss.

Warranties Disclaimed

We neither promise nor warranty that our Premises or Services will meet your requirements, will be uninterrupted, timely, secure, or error-free. These Terms of Service contain the only warranties made by us. Any and all other warranties of any kind whatsoever, including any implied warranty of habitability, merchantability or fitness for a particular purpose, are hereby expressly excluded and disclaimed. We neither promise nor provide a warranty for quiet enjoyment. You accept all risk related to the quality and suitability of our Premises and Services for your use.

Additional Terms

Notices. Any notice required or permitted under this Agreement shall be in writing by certified mail, return receipt requested, or by FedEx. If to us, such notice shall be delivered to Legal Notices, Boost Workplaces, LLC, 6731 Whittier Avenue, Suite A-300, McLean, VA 22101. If to you, notice will be given to you at your address on file with us that is other than the Premises address. If you have no such address on file with us, then we may provide notice to you at the Premises or in such other manner as is reasonably calculated to reach you.

Time of Essence. Time is of the essence as to the performance by you of all covenants, terms and provisions of this Agreement.

Force Majeure. Any delay or failure of our performance hereunder shall be excused if and to the extent caused by the occurrence of Force Majeure. For purposes of this agreement “Force Majeure” shall be defined as any circumstance not within Boost’s reasonable control despite the exercise of reasonable diligence; such circumstances shall include, but not be limited to, fire, flood, acts of God, hurricanes, riots, vandalism or theft.

Class Action Waiver. Neither you nor we will seek to have any dispute heard as a class action or in any other proceeding in which either party acts or proposes to act in a representative capacity for others similarly situated. No proceeding will be combined with another without the prior written consent of all parties to each subject proceeding.

Acts of Others. We do not control and are not responsible for the conduct of others who use our Premises or our Services. If a dispute arises between you and anyone other than us, we shall have no responsibility or obligation to participate in the dispute, mediate it, adjudicate or otherwise resolve it, or to indemnify or otherwise protect you.

Attorneys’ Fees. If Boost is the prevailing party in any litigation or arbitration against you in connection with this Agreement, Boost shall be entitled to recover its reasonable attorney’s fees from you. incurred in connection with that litigation or arbitration from the non-prevailing party. The term “prevailing party” means the party who receives a favorable judgment or, in the case of both parties obtaining a favorable judgment, the party whose money judgement is larger. However, in all cases a party who obtains injunctive relief shall be deemed the prevailing party.

Your Name/Logo. (Members Only) You hereby grant us, and our agents, a limited, non-transferable, royalty free, fully-paid, worldwide, license to use your name(s), trademarks, service marks and logos (the “Member Marks”) in connection with our services.

No Expectation of Privacy/Photo, Video and Audio. You hereby agree that you have no expectation of privacy when in or about our Premises. You hereby irrevocably grant us a worldwide, perpetual, fully-paid and royal free license to us to use and publish your likeness, however and wherever we obtain it, for the purpose of promoting Boost. You further release and relinquish to Boost any and all right in or to any photo, video or audio of you obtained while in or about our Premises and irrevocably grant us a worldwide, perpetual, fully-paid and royal free license to use such likeness, including editing, altering, reproducing, exhibiting, publishing, selling, re-licensing and distributing it, in any media for commercial, promotional or other lawful purposes. You waive any right to royalties or other compensation in connection therewith.

Master Lease. Your right to be present within and to use the Premises and your rights under this Agreement are subject and subordinate to a Lease under which we hold possession of the Premises. Upon termination of our right of possession under such Lease for any reason your right to be present in and use the Premises and your rights under these Term of Service and any applicable Plan or Ticket shall terminate, whereupon and you agree to promptly remove any personal property of yours and vacate the Premises.

Non-Disparagement. You shall at all times refrain from making any statements or comments of a defamatory or disparaging nature, including publishing any such statements online or on social media platforms, regarding Boost or any of its officers, directors, managers, members, employees, personnel, agents, policies, services or products, other than as may be required to comply with a lawful subpoena or compelled testimony.

No Agency or Partnership. No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.

Governing Law. This Agreement shall be construed under and governed in accordance with the law of the Commonwealth of Virginia.

Choice or Forum and Arbitration. You and we agree that any legal proceedings between us in connection with this Agreement shall be maintained in the Fairfax County General District Court, the Fairfax County Circuit Court or the United States District Court for the Eastern District of Virginia, Alexandria Division. Notwithstanding the foregoing, any dispute arising under this contract shall be resolved by arbitration in Fairfax County, Virginia under the commercial arbitration rules of the American Arbitration Association.

Rules Enforcement. You agree that the rules and regulations pertaining to Boost McLean (the “Rules and Regulations”) have been provided to you are a part of this Agreement. You agree to abide by Rules and Regulations and any additions or modifications to them. A violation of the Rules and Regulations shall constitute a breach of this Agreement. Boost shall have no duty to you to enforce the Rules and Regulations against anyone else for your benefit or otherwise and shall not be liable to you for any violation or non-performance of the Boost Workplaces Rules by us or by anyone else. Without limiting the foregoing, you acknowledge and agree that the liability and indemnification provisions of these Terms of Service apply to any violation of the Rules and Regulations.

Waiver and Non-assignability. No waiver shall be binding on us unless executed in writing by an authorized representative of Boost. No waiver or failure on our part to enforce this Agreement in any instance shall constitute a waiver of our right to enforce this Agreement in connection with subsequent instances. In no event may you assign, in whole or in part, your rights under this Agreement.

Entire Agreement, Severability and Binding Nature. This Agreement embodies the entire understanding between you and us pertaining to its subject matter and shall not be deemed modified, changed or altered in any respect except by a writing signed by you and us. __This Agreement constitutes the entire agreement between you and us pertaining to the subject matter hereof, and supersedes all prior and contemporaneous agreements, representations, and understandings pertaining to that subject matter. If any provision or portion of any of the foregoing is determined to be invalid, illegal or unenforceable for any reason, whether in whole or in part, the remaining provisions or portions thereof shall be unaffected thereby and shall remain in full force and effect to the fullest extent permitted by applicable law. These Terms of Service are binding on you, your heirs, legal representatives, successors and assigns.