Wellness Suite Membership Terms and Conditions

BLOOM Play School Policies

1. While there is no minimum age requirement, all children must be developmentally capable of handling a childcare scenario independent of their parent/guardian(s), in order to be admitted to the Play School. Prior childcare experience is helpful, but not necessary. In either case, the parent/guardian should expect a 1-2 week acclimation period at the start of their membership to allow their child(ren) to get fully comfortable in the new social situation. If the child is inconsolable in the parent/guardian’s absence, the parent/guardian retains the primary responsibility for soothing the child, so as not to cause unnecessary disruption or distress for the other children & adults working within the office, and this determination is made by the Play School staff at their discretion.

2. All children must be 100% illness-free in order to be admitted to the Play School. Children will not be permitted to enter the Play School if they are ill or show signs of any communicable diseases or conditions. The decision to admit a child is at the sole discretion of the Play School staff. Diseases or conditions that exclude children from the Play School include, but are not limited to: chicken pox, diphtheria, gastroenteritis, head lice, hepatitis (Type A), impetigo, influenza, measles, German measles, meningitis (bacterial and viral), mumps, pink eye, polio, ringworm, salmonellosis, scabies, shigellosis, strep throat, scarlet fever, TB, and whooping cough.

3. Parent/guardian must be at least 18 years of age and have an active current Bloom membership in their own name in order to admit a child into the Play School. Parent/guardian is not allowed to share membership information. Monthly membership fees are to be paid at the beginning of each month. Membership fees will not be reimbursed for partially used months.

4. All Play School reservations must be booked at least 1 hours in advance, using our community booking software. Children will not be admitted to the Play School without a valid reservation, due to our limited room capacity. The Play School is staffed only in the case of bookings, so last minute cancellations (less than 1 hr prior) and no-shows will be considered valid and payable.

5. The Play School capacity is limited to 8 children, 12 when staffed by 2 caregivers. We are required by law to deny access to the area when it reaches capacity.

6. Children are permitted to stay in the Play School for a maximum of 6 hours per day, between the hours of 9:00am to 1:00pm, and 1:30pm to 3:30pm. Parent/guardian(s) may book up to 6 hours per day, in 30 minute increments.

7. Bloom Play School is not a daycare. Per State Statutes, the parent/guardian or designated proxy parent MUST remain on-site and respond in a timely manner to electronic alerts from Play School staff during the time their child is receiving care in the Nest. Any person leaving the premises while their child remains on site will lose the privilege of using the Play School.

8. Parent/guardian(s) who admit children to the Play School must remain available to Play School staff and will be contacted by the staff if the child needs to use the toilet, is in a high state of distress, and for regular mandatory snack/meal breaks (10:50am, 1pm, 3:30pm). Parents are responsible for feeding their children during breaks to allow Play School staff a personal break.

9. The parent/guardian is encouraged to bring their child to the restroom before leaving them in the Play School. If a child needs assistance in using the restroom or requires a diaper change while in the Play School, the parent will be notified via text message so they may assist their child. Play School staff are not permitted to accompany a child to the restroom or to change diapers.

10. Children must be checked in and out of the Play School by the same parent or guardian. The ONLY exception is in the case of an emergency wherein a child can be released only to the emergency contact guardian named on file.

11. In order to maintain the highest standards of care for your children and while recognizing that our staff is not trained to care for children with severe special needs, Bloom must retain the right to deny admission to children whom their staff reasonably believes they are not trained to provide care for.

12. The Play School staff is not authorized to administer any prescription or non-prescription medication. If your child requires medication of any kind, it should be administered before the child enters the Play School. Storage of medication inside the Play School is prohibited.

13. The parent/guardian is responsible for the behavior of their child. Uncontrollable behavior will not be tolerated. If a child behaves disruptively, the parent/guardian will be called to the Play School to remove their child. Play School staff provide a structured rhythm to the day and will clearly communicate boundaries, but will not reprimand or use any form of punishment. Consistently uncontrollable behavior may lead to loss of Nest privileges.

14. No personal toys, food, or drink are allowed in the Play School. Bloom is not responsible for any lost or stolen articles.

15. In the event that an emergency evacuation of Bloom becomes necessary, children will be escorted to a secure area outside of the premises. The parent/guardian is encouraged to accompany the children out of the building, at which time normal pick-up procedures can be followed. Our primary concern in such emergency situations is the safety and accountability of each child at all times.

16. Failure to follow the Play School Policies will lead to the loss of Play School privileges.

Cobot Terms and Conditions

Cobot is the web platform used by The Bloom Community Workspace to provide this website.

1. General

1.1. Upstream-Agile GmbH, Adalbertstraße 7-8, 10999 Berlin, registered with the commercial register of the local court (Amtsgericht) of Charlottenburg under HRB 110149 B (“upstream”) provides an application to manage coworking spaces via its website www.cobot.me (the “Service” or “Services” or “Cobot”) as further specified on www.cobot.me (the “Website”).

1.2. All contractual relationships between upstream and any customer of upstream using Cobot (“Customer”, together with upstream the “Parties”, each a “Party”) shall be governed by these terms of service (“Terms of Service”). By registering on the Website or using Cobot, the Customer agrees to be bound by these Terms of Service.

1.3. Standard business conditions and/or general terms and conditions of the Customer do not apply, regardless of whether or not upstream has expressly objected to them in a particular case.

2. Registration

2.1. Any use of Cobot requires prior registration on the Website by creating an account (“Account”) and the acceptance of these Terms of Service. Customer must provide accurate and complete information and keep the Account information updated.

2.2. Customer is solely responsible for the activity that occurs on their Account. Customer shall keep their login data (password) confidential and prevent any unauthorized use by third parties. He shall immediately inform upstream if there are indications that any third party is misusing their account.

3. Use of Services

3.1. Offers published by upstream on the Website are non-binding.

3.2. The Customer may use Cobot for a trial run after registering. The Customer may only register for a trial run once. If a Customer registers for more than one trial run, upstream will have the right to delete these additional Accounts.

3.3. By registering on the Website according to section 2 hereof and subscribing to a subscription plan, the Customer makes a binding offer to use the respective Services. The offer shall be deemed to be accepted by upstream by making available the respective Service. Upon the acceptance of a subscription a contract governed by these Terms of Service between the Customer and upstream is concluded (the “Contract”).

4. Prices and Payment

4.1. The price for using Cobot depends on the number of members which are using the coworking space of the respective Customer (each a “Member”).

4.2. The Customer will be required to provide upstream with billing and account information for credit card, debit or other payment systems, such as PayPal, (each a “Payment Source”) for which the Customer is authorized to approve charges to allow upstream to collect payment from the Customer for their subscription plan. The Customer authorizes upstream to automatically and immediately bill the Payment Source when payments for subscription plans are due. The Customer shall only be allowed to raise an objection to a bill/deduction within eighty days starting from the day the deduction was made. If the objection was not raised, the deduction is deemed accepted by the Customer.

4.3. The billing of a subscription plan is made on a pre-paid basis. The payment source will be billed within five bank working days of the beginning of the chosen subscription period and then on a monthly or, as applicable, annual basis.

4.4. The prices stated on the Website are net prices excluding VAT. All other charges in connection with the use of the Services shall be borne by the Customer.

5. Contract Period, Termination of Contract, Cancellation of account

5.1. The Contract runs for an indefinite time and will remain in effect until terminated by one of the Parties in accordance with the Terms of Service.

5.2. The Parties may terminate this Contract for any or no reason at their convenience to the end of each month.

5.3. The Customer having used the trial run may unsubscribe from Cobot anytime without giving reason and without notice by using the respective button in their account.

5.4. The right of termination for cause and without notice remains unaffected for both Parties. A good cause for termination shall include, but shall not be limited to, any of the following events:

5.4.1. the Customer fails to comply with any applicable legal provisions;

5.4.2. a serious breach of the Customer of obligations arising from these Terms of Service by the Customer;

5.4.3. an attempt a denial of service attack on any of the Services by the Customer or any attempt to hack or break any security mechanism on any of the Services;

5.4.4. the Customer fails to pay the fees for the ordered Services;

5.4.5. a proceeding to wind-up the Customer or similar is brought against, or by the Customer (especially including insolvency and creditor protection scenarios and similar).

5.5. Any termination declaration shall be made via the “termination” button within the Account.

5.6. In the event of termination,

5.6.1. the Account of the Customer will be disabled and the Customer may not be granted access to their Account or any files or other content contained in the Account although residual copies of information may remain in upstream’s system;

5.6.2. any rights of use granted to Customer for using Cobot shall expire immediately and Customer shall cease to use the Services;

5.6.3. upstream will not refund any prepaid fees to Customer.

5.7. After a period of inactivity, whereby a user fails to log in to an Account for a period of nine months, upstream reserves the right to disable or terminate the Account. If an Account has been deactivated for inactivity, the subdomain associated with that Account may be given to another Customer without further notice.

6. Intellectual Property Rights

6.1. Subject to these Terms of Service, and for the duration of the Contract, upstream grants the Customer a non-exclusive license to use the Services, which non-exclusive license is hereby accepted by Customer (the “License”). The License shall be granted as non-exclusive, non-assignable, non- transferable, with no right to sub-license, worldwide limited right to use the Services. Customer is responsible for its staff’s compliance with the Terms of Service.

6.2. The scope of the License shall be subject to and limited by the number of Members as agreed between upstream and the Customer.

6.3. upstream does not claim any ownership in any of the content uploaded, transmitted or stored by the Customer in its Account. upstream will not use any of such content for any purpose except to provide the Customer with the Services.

7. Proper use

7.1. The Customer agrees that they are responsible for their own communications and for any consequences thereof. The Customer shall act according to the destined functions of the Website and Services. Any inappropriate or illegal use, manipulation, or change of the Website and Services is prohibited. In particular, the Customer shall, shall not agree to, and shall not authorize or encourage any third party to:

7.1.1. use the Service to upload, transmit or otherwise distribute any content that is unlawful, defamatory, harassing, abusive, fraudulent, obscene, contains malware or is otherwise objectionable as reasonably determined by upstream;

7.1.2. upload, transmit or otherwise distribute content that infringes upon another party’s intellectual property rights or other proprietary, contractual or fiduciary rights or obligations;

7.1.3. prevent others from using the Service; or

7.1.4. use the Service for any fraudulent or inappropriate purpose.

7.2. upstream reserves the right to delete any infringing content according to this section 7, terminate the Services and/or suspend Accounts of a Customer that is violating any of these Terms of Service, in particular this section 7.

8. Representations and Warranties

The Customer represents and warrants that (i) all information provided by them to upstream to participate in the Services is correct and current; and (ii) the Customer has all necessary right, power and authority to enter into the Contract and to perform the acts required of Customer hereunder.

9. Indemnification

9.1. The Customer will indemnify, defend, and hold harmless upstream and its officers, directors, employees for any and all claims, suits, litigation, causes of action, losses, damages, expenses, costs (including court costs and attorneys’ fees) and liabilities (“Losses”) that arise out of, or in connection with (i) the Customer’s use of the Website and/or Services; (ii) any breach by the Customer of any warranty defined in section 8; (iii) any claim that the Customer’s content distributed via the Services caused damage to a third party.

9.2. In cases of an aforementioned enforcement of claims by third parties, the Customer will provide upstream with all their information that is needed for the examination of the claim and for the defense against it. The Customer provides the information immediately, truthfully, and completely.

9.3. The regulation of liability of the Customer or their obligation of indemnification shall apply to the same extent in the event of an act of a Member of the Customer.

10. Limitation of Liability

10.1. upstream’s liability for damages caused by or related to the exercise of rights and obligations under this Agreement shall be excluded. The limitation of liability shall not cover

10.1.1. damage from injury to life, body or health caused by upstream;

10.1.2. damages caused by upstream that are a result of willful intent or gross negligence;

10.1.3. damages caused by upstream as a result of slight negligence in the event of upstream’s breach of an essential contractual obligation which is indispensable for the duly execution of the contract and thereby jeopardizes the achievement of the contract purpose and such damage is typically foreseeable at the time of the infringement;

10.1.4. upstream’s liability in the event of the assumption of a warranty if an obligation infringement covered thereby triggers upstream’s liability.

10.2. Liability under the Product Liability Act (Produkthaftungsgesetz) shall remain unaffected.

10.3. The limitations and/or restrictions of upstream’s liability shall also apply to the personal liability of its legal representatives and vicarious agents.

10.4. upstream will not be liable hereunder by reasons of any failure to timely perform its services due to an event beyond its reasonable control, including acts of God.

11. Use for reference

The Customer agrees that upstream may use information of the Customer provided by them (i.e. the name/trademark) for marketing purposes as reference on the Website. The Customer may withdraw such consent by writing an email to upstream to support@cobot.me.

12. Privacy Policy

upstream provides the Customer with information on how data is collected and processed in Upstream’s Privacy Policy.

13. Miscellaneous

13.1. These Terms of Service shall be governed by the laws of the Federal Republic of Germany excluding the Convention on Contracts for the International Sale of Goods (CISG) and the conflict of laws provisions. Both Parties submit to the exclusive jurisdiction of the courts of Berlin.

13.2. Should any provision of this Terms of Service be or become invalid, ineffective or unenforceable as a whole or in part, the validity, effectiveness and enforceability of the remaining provisions shall not be affected thereby. Any such invalid, ineffective or unenforceable provisions shall be deemed replaced by such valid, effective and enforceable provision as come closest to the economic intent and purpose as of such invalid, ineffective or unenforceable provisions as regard subject-matter, amount, time, place and extent. The aforesaid shall apply mutatis mutandis to any gap in these Terms of Service if any court has confirmed such proceeding.

13.3. upstream reserves the right to change these Terms of Service at any time without indicating the reasons. upstream will notify Customer of the changed Terms of Service on the Website or via email no later than two (2) weeks before the refined terms will take effect. In case Customer objects the new Terms of Service they may terminate the Contract with a period of two (2) weeks upon receipt of the information about the changes by upstream via the “termination” button within the Account.