Terms of Use for Upflex Users

Common Desk by WeWork Terms of Use for Upflex Users

Last Updated: May 27, 2025

1. General.

These terms together with any other applicable policies and procedures as provided or made available to you from time to time (collectively, the “Terms”), describe your rights and obligations in connection with your access to Common Desk workspaces and services booked via Upflex (the “Services”) and, to the extent permitted by applicable law, include a class action waiver. By using the Services, you are agreeing that these Terms shall apply as between you and Common Desk, Inc., and that you shall be bound by such Terms notwithstanding any conflict between these Terms and the terms of any other agreement with respect to the Services.

2. Terms.

Your use of the Common Desk space booked via Upflex (the “Common Desk Space”) is subject to the Common Desk House Rules (the “House Rules”) in Section 5 below and as provided to you as part of the booking process or at the booking location, the Common Desk Privacy Policy, and any location-specific policies or procedures (collectively, the “Common Desk Policies”). 

3. Who You Are.

You must be at least 18 years old to make this booking.

4. Prohibited Uses.

Notwithstanding anything to the contrary in the House Rules, you shall not bring any guests into the Common Desk Space, or use any part of the Common Desk Space to host an event or film within the Common Desk Space. Common Desk does not control and is not responsible for the actions of other individuals you encounter through the use of the Common Desk Space. Should you breach these Terms, including any House Rules, Common Desk may remove you from the Common Desk Space.

5. House Rules.

• Keys, key cards and other such items used to gain physical access to any Common Desk location remain the property of Common Desk. You will cause your Members to safeguard any such property and you will be liable for a $35 replacement fee should any such property be lost or stolen.
• For security reasons, Common Desk may regularly record via video certain areas in any Common Desk location.
• To the extent permitted by law, Common Desk reserves the right to perform background checks on you and any Member at any time and for any reason. Common Desk may remove Members, cancel Services with respect to such Members or otherwise terminate this agreement based on the results of any background check.
• Common Desk may disclose information about you or your Members as necessary to satisfy any applicable law, regulation, legal process or governmental request.
• You and your Members will abide by other rules and regulations as determined by Common Desk which are communicated to you by email. Common Desk may add, delete or amend the rules and regulations in its sole discretion and without notice to you. These rules and regulations may include increased safety measures put in place for the safety of all Members and guests. Failure to comply will result in immediate termination of this agreement.
• You acknowledge that each Common Desk location is subject to occupancy limitations and has limited capacity. Common Desk reserves the right to temporarily remove users in the shared spaces in the event a Common Desk location is over capacity.
• Shared work spaces are to be enjoyed by Members and guests for temporary use. Shared work spaces are not intended for continuous, everyday work. Only one seat per Member is permitted in shared work spaces.
• Smoking, including e-cigarettes and other similar devices, is prohibited indoors. Smoking is only allowed in outdoor designated smoking areas.
• Sleeping in any Common Desk location, including sleeping overnight, is not permitted.
• Sexual activity by you or any of your Members of any kind is prohibited in any Common Desk location and will result in immediate (and perhaps uncomfortable) expulsion from the location and termination of this agreement.
  Members are asked to be courteous to each other and to clean up after themselves. Discourteous behavior or excessive uncleanliness may result in temporary or permanent removal or cancellation of services.
• Members are permitted to bring guests to any Common Desk conference room. Use of any shared work space or other service by any guest may require additional fees or charges. Common Desk is not responsible for any damage caused by any guest. You agree to indemnify and hold harmless Common Desk and any of its owners, managers, officers and employees from and against any damage, cost, fees and expense (including attorney’s fees) resulting from any claim made by a third party against Common Desk arising from the behavior of any of your guests.
• Common Desk is not responsible for any damage caused by any other Common Desk member or third party. Common Desk has no obligation to participate or mediate any dispute between you, your Members, other Common Desk members and/or any third party.
• Common Desk reserves the right to refuse service at any time and for any reason.
• The policies, terms and conditions of this agreement and the use of Common Desk locations and Services are subject in all respects to any and all rules, policies and procedures of the building owner or property manager of the building where each Common Desk location is located.

6. Common Desk Intellectual Property.

 You may not take, copy or use for any purpose the name “Common Desk” or any of our other business names, trademarks, service marks, logos, trade dress, marketing material, other identifiers or other intellectual property or modified or altered versions of the same, or take, copy or use for any purpose any pictures or illustrations of any portion of a Common Desk location, or engage in any conduct that is likely to cause confusion between the products and services of Common Desk and yourself, or if applicable, your company without our prior consent, provided that during your use of Common Desk Space, you will be able to use “Common Desk” in plain text to accurately identify a premises, address or office location.

7. Waiver and Release of Claims.

To the extent permitted by law, you (i) waive any and all claims, liabilities, costs, damages, expenses and rights, including reasonable attorneys’ fees (“Claims”) against Common Desk and our affiliates, parents, and successors and each of our and their employees, assignees, officers, agents and directors (the “Common Desk Parties”) resulting from injury or damage to, or destruction, theft, or loss of, any property, person or pet; and (ii) release the Common Desk Parties from any such Claims.

8. Indemnification.

To the extent permitted by law, you will indemnify Common Desk Parties from and against any and all claims, including third party claims, liabilities, and expenses, including reasonable attorneys’ fees, resulting from any breach or alleged breach of this agreement or any of the Common Desk Policies by you or your guests, invitees or pets or any of your or their actions or omissions, except to the extent a claim results from the gross negligence, willful misconduct or fraud of the Common Desk Parties. You shall not make any settlement that requires a materially adverse act or admission by us or imposes any obligation upon any of the Common Desk Parties unless you have first obtained our or the relevant Common Desk Party’s written consent. None of the Common Desk Parties shall be liable for any obligations arising out of a settlement made without its prior written consent.

9. Limitation of Liability.

The aggregate monetary liability of Common Desk or its affiliates to you, your Members, or your or their guests, for any reason and for all causes of action will not exceed the total fees paid by you to Common Desk under this agreement. Common Desk and its affiliates will not be liable for any indirect, special, incidental, consequential, or punitive damages, including loss of profits or business interruption. You may not commence any action, or proceeding against us or our affiliates, whether in contract, tort, or otherwise unless the action, suit, or proceeding is commenced within 1 year of the events giving rise to such cause of action.

10. Data Privacy

We collect, use, disclose and otherwise process your personal data as described in the Common Desk Privacy Policy,, and in accordance with applicable data protection laws.

11. Compliance.

You represent and warrant that: (a) none of your Members are: (i) currently identified on the Specially Designated Nationals and Blocked Persons List maintained by the Office of Foreign Assets Control, Department of the Treasury (“OFAC”) and/or on any other similar list maintained by OFAC pursuant to any authorizing statute, executive order or regulation (collectively, the “List”), and; (ii) a person or entity with whom a citizen of the United States is prohibited to engage in transactions by any trade embargo, economic sanction, or other prohibition of United States law, regulation, or Executive Order of the President of the United States; (b) none of your funds or other assets, or your Members’ funds or other assets, constitute property of, or are beneficially owned, directly or indirectly, by any Embargoed Person (as defined below); (c) no Embargoed Person has any interest of any nature whatsoever in you or any of your Members (whether directly or indirectly); (d) none of your funds or the funds of your Members have been derived from any unlawful activity with the result that the investment in you or any of your Members is prohibited by law or that this agreement is in violation of law, and; (e) you have implemented procedures, and will consistently apply those procedures to ensure the foregoing representations and warranties remain true and correct at all times.
You covenant and agree: (w) to comply with all requirements of law relating to money laundering, antiterrorism, trade embargoes and economic sanctions, now or hereafter in effect; (x) to immediately notify Common Desk in writing if any of the representations, warranties or covenants set forth in this section are no longer true or have been breached or if you have a reasonable basis to believe that it may no longer be true or have been breached; (y) to not knowingly use funds from any “Prohibited Person” (as such term is defined in the September 24, 2001 Executive Order Blocking Property and Prohibiting Transactions With Persons Who Commit, Threaten to Commit, or Support Terrorism) to make any payment due to Common Desk under this agreement, and (z) at the request of Common Desk, to provide any information Common Desk may be request to determine your compliance with the terms of this section.
You hereby acknowledge and agree that your or any of your Member’s inclusion on the List at any time during the Term shall be a material default of this agreement. Notwithstanding anything herein to the contrary, you shall not permit your Home Campus or any other Common Desk location to be used or occupied by any person or entity on the List or by any Embargoed Person (on a permanent, temporary or transient basis), and any such use or occupancy by any such person or entity shall be a material default of this agreement.
You shall also require and shall take reasonable measures to ensure compliance with the requirement that no person who owns any other direct interest in you is or shall be listed on any of the Lists or is an Embargoed Person. The term “Embargoed Person” means any person, entity or government subject to trade restrictions under U.S. law, including but not limited to, the International Emergency Economic Powers Act, 50 U.S.C. §1701 et seq., The Trading with the Enemy Act, 50 U.S.C. App. 1 et seq., and any Executive Orders or regulations promulgated thereunder with the result that the investment in you or any of your Members is prohibited by law. This paragraph shall not apply to any person to the extent that such person’s interest in you or any of your Members is through a U.S. Publicly-Traded Entity. As used in this agreement, “U.S. Publicly-Traded Entity” means any entity whose securities are listed on a national securities exchange, or quoted on an automated quotation system, in the United States, or a wholly-owned subsidiary of such entity.

12. Class Action Waiver.

To the fullest extent permitted by law, any proceeding to resolve or litigate any dispute in any forum will be conducted solely on an individual basis. You will not seek to have any dispute heard as a class action or in any other proceeding in which you act or propose to act in a representative capacity. No proceeding will be combined with another without the prior written consent of all parties to all affected proceedings. You also agree not to participate in claims brought in a private attorney general or representative capacity, or any consolidated claims involving another person’s account, if we are a party to the proceeding. YOU ARE GIVING UP YOUR RIGHT TO PARTICIPATE AS A CLASS REPRESENTATIVE OR CLASS MEMBER ON ANY CLASS CLAIM YOU MAY HAVE AGAINST US INCLUDING ANY RIGHT TO CLASS ARBITRATION OR ANY CONSOLIDATION OF INDIVIDUAL ARBITRATIONS.

13. Governing Law; Venue.

This agreement is governed by the laws of the State of Texas, without giving effect to any conflict of law principle that would result in the laws of any other jurisdiction governing this agreement. Any such action, or proceeding will be litigated in courts located in the county of the Common Desk location at which the claim arose, and if the claim is not arising from a certain Common Desk location, then in New York, New York. You hereby irrevocably agree to waive any right to a jury trial of any such claim or cause of action.

14. Survival

Sections 1, 5-9, and 12-14, as well as all other provisions of these Terms reasonably expected to, shall survive any termination or expiration of your use of the services.