TERMS AND CONDITIONS
MEMBERSHIP AGREEMENT TERMS
CONSUMER’S RIGHT TO CANCELLATION. The Membership term is 12 months from the date of acceptance and membership may not be cancelled prior to end of the membership term. Upon completion of the 12 month membership term, membership can be cancelled with 30 days notice in writing to the membership manager. Such notice shall be accompanied by the contract forms, membership cards and any other documents of evidence of membership previously delivered to the Member.
RULES, REGULATIONS, AND SCHEDULES: Member agrees to abide by all the membership house rules, regulations and schedules of the house, which may be posted at the house or issued upon request, and which may be amended from time to time, at Management’s sole discretion.
PRESENTATION OF MEMBERSHIP CARD or MEMBERSHIP NUMBER: No one will be admitted to house without displaying a valid membership card or registering as a guest.
GUESTS: Member’s guests are permitted in the house,, but only pursuant to such rules, regulations, fees, schedules for such guest as may then be in effect. The house reserves the right to limit the number of times any one guest can use the house and reserves the right to exclude any guest whose use of the facility, in the sole opinion of the house, would be detrimental to the house or any of its members. All guests must sign in at the front desk.
TRANSFERS OF MEMBERSHIP: Membership may not be transferred.
UPGRADING MEMBERSHIPS: A Member may upgrade his or her membership (e.g., Studio) with the prior consent of management; provided Member/Buyer will be responsible for paying an upgrade fee and for the ongoing payment of any additional monthly fees associated with such upgrade. In addition, transfer to a house offering only upgraded memberships will result in an upgrade fee and additional monthly fees.
BUYER’S OBLIGATIONS: Buyer shall not be relieved of Buyer’s obligations to make payments agreed to, and no deduction from any payments shall be made because of Member’s failure to use the house’s facilities. (Member dues are for the period of time and are no way related to or adjusted based on, actual usage of the house.)
ENTIRE AGREEMENT: Except for the rules, regulations and schedules posted at the house or issued orally by Thompson House Group from time to time at its discretion, all of which are incorporated into this agreement, this contract constitutes the entire and exclusive agreement between the parties relating to the subject matter hereto and supersedes any oral or other written understanding. This contract only may be modified in writing executed by a duly authorized representative of Thompson House Group. Employees are not authorized to make any independent agreements with any Member/Buyer.
UNPAID BALANCES: Members will not be permitted to use any house until all fees are current. Buyer and/or Member is obligated to pay any collection and/or legal costs incurred by Thompson House Group for collection of any fees. Annual dues must be paid by 12:00 midnight on the anniversary date or house privileges will be suspended and a new Initiation Fee will be required. Thompson House Group reserves the right to charge balances and overdue balances to their current account under the Electronic Funds Transfer Authorization. If any check or credit card charge payable to Thompson House Group is not honored, Management will assess a $25 charge for each check and credit card rejected and collects the current and past-due balance in any subsequent month. To the extent that Buyer and Member is not the same person, Member shall be obligated to make all payments that Buyer fails or has failed to make (including past and future payments for use of the house).
VALUABLES AND PERSONAL PROPERTY: Members are urged to avoid bringing valuables onto club premises. Thompson House Group shall not be liable for the loss of or theft of, or damage to, the personal property of member or guests, including items left in lockers, with the coat check or elsewhere in the house.
MEMBERSHIP FREEZE POLICY: Members may not freeze their memberships, for any reason.
DRESS CODE: Smart casual attire and footwear required. No workout or inappropriate clothes are permitted in the house.
PRICING: Thompson House Group reserves the right to increase the monthly or annual fee and will provide 30 days’ notice to all Members regarding any such change in pricing; provided that pricing for Members who joined as part of a corporate program are subject to the pricing agreement between Seller and Member’s employer or corporate sponsor.
REVOCATION OF MEMBERSHIP: Thompson House Group reserves the right to revoke and cancel this membership at any time for breach of this agreement and the house rules in any way, in which case Buyer/Member will, no later than fifteen (15) days after such cancellation.
WAIVER OF LIABILITY: Member assumes full responsibility for his or her use of the facility and releases Thompson House Group from any and all claims, including those caused in whole or in part, by the negligence of Thompson House Group and shall indemnify Thompson House Group, the owner of the house location the Member is utilizing, its affiliates, agents and employees against any and all liability arising out of use of the facilities.
BUSINESS HOURS/DAYS: “Regular business hours” are generally from 9:00 a.m. to 7:00 p.m. with the exception of days prior to U.S. federal holidays, when our regular business hours end at approximately 2:00 p.m. “Regular business days” are all weekdays, except U.S. federal holidays and up to three other days of which we will inform you.
INITIATION FEES: Upon submitting a signed and completed agreement, you will be obligated to pay the nonrefundable initiation fee of $100, in the amount indicated on the Membership Details. This agreement will be effective only upon our receipt of a fully executed and completed agreement and the payment of these fees.
MEMBERSHIP SERVICE FEE: During the term of this agreement, we will process payment for your Membership and Service fees, in advance, no later than the fifth (5th) business day of each month.
OVERAGE FEES: The current overage fee schedule can be made available upon request. Any overage fees will be billed and charged with the Membership Fees.
REMOVAL OF PROPERTY UPON TERMINATION: Prior to the termination of this agreement, you will remove, and their guests’ property from the House. After providing you with reasonable notice, we will be entitled to dispose of any property remaining in or on the space after the termination of this agreement without any obligation to store such property, and you waive any claims 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 of this agreement, we will not forward or hold any items delivered to us.
KEYS: key cards and other such items used to gain physical access to the building or the House remain our property and shall be loaned to you for the purposes of access.
MEMBERSHIP DEPOSIT: The membership deposit is not intended to be a reserve from which fees may be paid. In the event you owe us fees (including, without limitation, any service fees or the Membership Rate), you may not rely on deducting them from the Membership deposit, but must pay them separately. The Membership deposit will be returned to you no later than thirty (30) days following the termination of this agreement, subject to the complete satisfaction of your obligations under this agreement. Unless stated otherwise the Membership deposit is generally equal to 2 times your collective membership rate.
WAIVER OF CLAIMS: To the extent permitted by law, you, on your own behalf and on behalf of the Permitted Users, your employees, agents, and invitees, waive any and all claims and rights against us and our affiliates, and each of our and their members, assignees, officers and directors resulting from injury or damage to, or destruction, theft, or loss of property or person. You shall cause your property damage insurance carriers to waive all rights of subrogation by the insurance carrier against us.
LIMITATION OF LIABILITY: The aggregate monetary liability of us or our affiliates to you, the Members, or your or their invitees for any reason and for all causes of action, will not exceed the total fees paid by you to us under this agreement. We and our affiliates will not be liable under any cause of action, for any indirect, special, incidental, consequential, or punitive damages, including loss of profits, loss of business income, loss of opportunity, or business interruption. You may not commence any action, or proceeding against us or our affiliate, whether in contract, tort, or otherwise unless the action, suit, or proceeding is commenced within one (1) year of the cause of action’s accrual.
INDEMNIFICATION: You will indemnify us and our affiliates from and against any and all claims, liabilities, and expenses including reasonable attorneys’ fees, resulting from any breach of this agreement by you or the Members or their invitees or pets or their actions or omissions. If any such claim, action, or proceeding is brought against us or our affiliates, you, will at your sole expense, upon written notice from us, defend such action or proceeding by counsel approved by us. You are responsible for the actions of and all damages caused by all persons and pets that you, the Members or their invitees invite to enter the building.
INSURANCE: You are responsible to maintain, at your own expense, personal property insurance and commercial general liability insurance covering you and the Members and their invitees for property loss and damage, injury to the Members and the Members invitees and prevention of or denial of use of or access to, all or part of the Premises in form and amount appropriate to your business. We and landlord shall be named as additional insureds on any such policies of insurance. You shall provide proof of insurance upon our request.
PETS. Pets are not allowed by members at any time.
CLASS ACTION WAIVER: Any proceeding to resolve or litigate any dispute in any forum will be conducted solely on an individual basis. 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. No proceeding will be combined with another without the prior written consent of all parties to all affected proceedings.
WAIVER OF INTEREST: This agreement in no way restricts or limits your ability to procure executive office suite services from other providers. You are also confirm your acknowledgement that the Thompson House Group space is not a a flexible workspace center, executive office suites or any other form of an executive office business. The Thompson House Group space is a private members club.