Coliving, Inc. (“Coliving”) wants you to be happy with your stay, and wants you to feel comfortable relying upon video showings, video walkthroughs and virtual “Meet and Greets” with potential new roommates.
To make you more comfortable, Coliving's “2 Week Trial” means that if you are not fully happy with your Coliving property any time after signing a lease and before fifteen (15) days have passed after your Initial Lease Start Date, qualified Residents can move out of their Coliving property without facing any early termination fees. There are other important eligibility requirements and exclusions outlined below, so please read these Coliving “2 Week Trial” Summary Terms and Conditions (the “Summary Terms”) carefully as they affect your rights.
EXCEPT AS EXPRESSLY STATED OTHERWISE, THESE SUMMARY TERMS AND CONDITIONS ARE SUBJECT TO: (i) THE COLIVING TERMS OF SERVICE; (ii) THE COLIVING PRIVACY STATEMENT; (iii) YOUR APPLICABLE RESIDENTIAL LEASE AGREEMENT; AND (iv) COLIVING POLICIES OUTLINED IN THE FAQ, PARTICULARLY THOSE DEALING WITH ROOMMATES, WHICH ARE EACH INCORPORATED BY THIS REFERENCE.
PLEASE READ THESE SUMMARY TERMS AND THE OTHER AGREEMENTS REFERENCED IN THE PRECEDING PARAGRAPH AS THEY AFFECT IMPORTANT LEGAL RIGHTS THAT YOU MAY HAVE. CAPITALIZED TERMS SHALL HAVE THE MEANINGS SET FORTH IN YOUR RESIDENTIAL LEASE AGREEMENT WITH COLIVING.
TO BE ELIGIBLE FOR A NO-PENALTY MOVE-OUT UNDER THE COLIVING “2 Week TRIAL,” RESIDENTS MUST NOT BE IN BREACH OF ANY AGREEMENT BETWEEN THE RESIDENT AND COLIVING, AND MUST COMPLY WITH ALL OF THE TERMS, REQUIREMENTS AND CONDITIONS IN THESE SUMMARY TERMS.
NO PERSON, OTHER THAN THE RESIDENT WHO MEETS EACH OF THE TERMS, REQUIREMENTS AND CONDITIONS OF THESE SUMMARY TERMS, SHALL HAVE ANY RIGHT UNDER THE COLIVING “2 Week TRIAL” OR THE SUMMARY TERMS. THERE ARE NO REPRESENTATIONS OR ANY OTHER MATERIALS REGARDING THE COLIVING “2 Week TRIAL” EXCEPT AS EXPRESSLY SET FORTH HEREIN.
1. The Coliving “2 Week Trial” is not insurance. No tenant, resident, occupant or any other party or third party is an insured and there are no intended or unintended third party beneficiaries under the Summary Terms or any other document. The Coliving “2 Week Trial” is not intended to be, and is not a form of refund of any kind. No Tenant, Resident, Occupant or other third party is entitled to a refund of amounts paid under an applicable Residential Lease Agreement or any other agreement, including but not limited to first month’s rent, by virtue of anything in these Summary Terms. There is no cash value associated with the “2 Week Trial,” except as is otherwise expressly stated herein.
2. In accordance with these Summary Terms, the Coliving “2 Week Trial” may entitle eligible Coliving Guests who are not fully happy with their original Coliving property any time after signing a lease and before fifteen (15) days have passed after the Start Date of their Initial Term in their original Residential Lease Agreement and who meet each of the eligibility criteria contained herein, to move out of their Coliving property without facing any early termination fees (a “No-Penalty Move-Out”).
3. The Coliving “2 Week Trial” is only available to qualified Residents who are expressly named as the Resident and/or Tenant under a fully executed Residential Lease Agreement with Coliving with a Start Date for the Initial Term between June 15, 2020 and June 30, 2021. Residents with a Start Date for their Initial Term in their Residential Lease Agreement before June 15, 2020 or after June 30, 2021 are not eligible for the Coliving “2 Week Trial” unless otherwise agreed to in writing by Coliving.
4. The Coliving “2 Week Trial” is limited to one (1) No-Penalty Move-Out per eligible Resident on their Initial Lease Term only. A Resident may only claim one (1) No-Penalty Move-Out over the course of their relationship with Coliving. These Summary Terms apply only to the Resident’s Initial Term in their first Residential Lease Agreement with Coliving. Unless extended in writing by Coliving, the “2 Week Trial” does not extend to any period other than the Initial Term in the first Residential Lease Agreement, including an extension, Renewal Term, a Holdover Term or any other term imposed by operation of law. The “2 Week-Trial” also does not extend to any Initial Lease Term that a Resident commences after being introduced to Coliving by a prior resident who is terminating their lease early. The Coliving “2 Week Trial” may not be combined with any other tenancy or any other offer. It is the intent of the “2 Week Trial” that only Residents who are unhappy in their first fifteen (15) days of their first or Initial Term of their Residential Lease Agreements and who submit a proper No-Penalty Move-Out Request may seek a No-Penalty Move-Out.
5. To be eligible, Residents must submit a written No-Penalty Move-Out Request under the “2 Week Trial” no later than thirty (30) days of the Lease Start Date regardless of the day on which the Resident physically moved or resided in the Initial Property. The Lease Start Date in the Residential Lease Agreement shall control. Valid requests must be:
Submitted by the Resident named in the Residential Lease Agreement; and
Submitted to Coliving Customer Care Representatives via email to [email protected]
and clearly identified as a “No-Penalty Move-Out” or “2 Week-Trial” Request; and
Received by Coliving no later than 11:59 pm local time in the relevant geographic region on the fifteenth (15th) day following the Initial Start Date in the Resident’s original Residential Lease Agreement.
Coliving’s automated customer care system shall be the exclusive means of determining the time and/or date of a Resident’s No-Penalty Move-Out Request.
6. No Resident will be eligible for a No-Penalty Move-Out unless the Resident moves out of the Coliving property within fifteen (15) days after providing notice.
7. If two or more Residents are on a single lease for a single “Resident Exclusive Space” as that term is defined in a Coliving Lease or similar document, all Residents must participate in the No-Penalty Move-Out Request to be eligible for consideration.
8. No No-Penalty Move-Out Request under the Summary Terms will be granted unless the Resident is otherwise eligible under each of the requirements and terms herein.
9. Resident will owe 30 days of rent regardless of notice date or days lived in property. Coliving shall have no obligation to refund any portion of the Resident’s Rent, fees, Service Charges or Service Fees already paid or due or owing under the Resident’s Initial Residential Lease Agreement or any other agreement. All other terms governing the Resident’s move-out, including but not limited to use and return of a Resident’ security deposit, will be governed by the lease signed by the Resident. Coliving shall not be responsible to Resident or any third party for any fees, costs or other obligations (whether direct or indirect) associated with the Resident’s “2 Week Trial” claim, the No-Penalty Move-Out Request, or any move by the Resident including but not limited to moving fees or moving expenses. All such costs, fees or obligations shall remain the sole responsibility of the Resident.
10. Resident shall likewise remain fully responsible for any and all damage, loss or other injury to the House and Resident Exclusive Space in the original Coliving property, with the exception of reasonable and customary wear and tear as specified in the Initial Residential Lease Agreement. Resident shall also remain liable for any indebtedness, costs, fees or other financial obligation that may exist between Resident and any other Resident, Occupant or other third party to the Initial Residential Lease Agreement.
11. The Coliving “2 Week Trial” does not pay for losses to property or bodily injury associated with the original Coliving. It likewise does not cover costs, financial fees or obligations caused by or in relation to, acts of God or nature or other force majeure events not within the reasonable anticipation or control of the parties, including but not limited to, war, terrorism or threats of terrorism, civil disorder, labor strikes or disruptions, fire, natural disaster, slowdowns, prolonged shortage of energy supplies, state or governmental action prohibiting performance of the agreements between the parties, riot, disease or medical epidemics or outbreaks.
12. You acknowledge and agree that: (1) the Coliving “2 Week Trial” may be dependent upon Resident’s good-faith participation in mediation or resolution processes if requested by Coliving in its discretion; (2) that Coliving provides Residents with the “2 Week Trial” as set forth herein solely for the purpose of building customer loyalty and strengthening customer confidence; (3) any benefits provided under the “2 Week Trial” are not assignable or transferable by Residents to any other person, which includes transfer by operation of law or in connection with death or divorce; and (4) Coliving Customer Service representatives have the right to investigate No-Penalty Move-Out Requests and the facts and circumstances surrounding them.
13. To the extent allowed by applicable law in the relevant jurisdiction, Coliving reserves the right to modify or terminate these “2 Week Trial” Summary Terms, at any time, in its sole discretion, and without prior notice. If Coliving terminates these Summary Terms in accordance with the foregoing, Coliving will provide Residents with notice of such termination and Coliving will continue to process all No-Penalty Move-Out Requests timely received prior to the effective date of termination, but the right to file any new Coliving “2 Week Trial” requests shall immediately terminate. If Coliving modifies these Summary Terms, it will post the modification on the website and/or mobile application, and you should check back frequently to see if they have been amended. Amendments will be noted by a “last modified” date immediately under the title. You may always contact Coliving Customer Care representatives at the information below to request a copy of the current Summary Terms.
14. Except as expressly provided herein, the Coliving Terms of Service, Residential Lease Agreements, Privacy Statement and FAQs apply to you. Specifically, the Sections of the Coliving Terms of Service entitled “Warranty Disclaimer,” “Indemnification,” “Disclaimer, Limitation of Liability,” and “Governing Law and Jurisdiction” shall apply and you should review them carefully.
15. Residents may not assign or transfer these Summary Terms, by operation of law or otherwise, without Coliving’s prior written consent. Any attempt by Residents to assign or transfer these Summary Terms, without such consent, will be null and void and of no effect. Coliving may assign or transfer these Summary Terms, at its sole discretion, without restriction. Subject to the foregoing, these Summary Terms will bind and inure to the benefit of the intended parties, their successors and permitted assigns.
16. These Summary Terms constitute the entire and exclusive understanding and agreement between you and Coliving with respect to the subject matter and supersede any prior oral or written understandings and agreements between you and Coliving with respect to the “2 Week Trial.”
17. Coliving’s failure to exercise or enforce any right or provision of these Summary Terms will not constitute a waiver of such right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Coliving. If any provision (or part of a provision) of these Summary Terms is found to be invalid, you and we nevertheless agree to give effect to the intentions as reflected in the provision, and the other provisions of the Summary Terms remain in full force and effect.
18. You may contact Coliving at: