In consideration of your payment of the cost of the Membership Package you selected and the representations, warranties and covenants you make in this Membership Agreement, The Gathering Spot, LLC (“TGS”) will provide the services and benefits described in the Membership Package you selected (the “Services”), including use of the space at the location(s) applicable to your membership. In this Agreement, TGS may also be referred to as “We”, “TGS”, “The Gathering Spot”, or the “Club”. The physical TGS locations may also be referred to herein as the “The Gathering Spot”, the “Club” or the “Facility”. Your membership is subject to this Membership Agreement and to the rules posted on The Gathering Spot website and contained in this Membership Agreement, as such rules may be amended from time to time (the “Members Community Code”). For purposes of this Membership Agreement, the Members Community Code and all other internal and external communications, you may be referred to as a “Member” or “You” or “Your”, or any other phrase which, taken in context, relates to you. Any reference to You herein shall also be deemed to include Your guests, as the context requires. Those references are not intended and shall not be construed to imply that you have an ownership interest in TGS or the Facility. You agree that this Membership Agreement constitutes a valid, legal and binding agreement between You and TGS.
The entire Facility shall, at all times, remain in TGS’ possession and control. YOU ACKNOWLEDGE AND AGREE THAT THIS MEMBERSHIP AGREEMENT CREATES NO TENANCY INTEREST, LEASEHOLD ESTATE, BUSINESS USE, OR OTHER REAL PROPERTY INTEREST IN YOUR FAVOR WITH RESPECT TO THE FACILITY. YOU FURTHER ACKNOWLEDGE AND AGREE THAT NEITHER THE SERVICES PROVIDED BY TGS, NOR THIS MEMBERSHIP AGREEMENT SHALL IN ANY MANNER CREATE OR CONSTITUTE A LANDLORD/TENANT RELATIONSHIP. Instead, TGS is granting you a limited license to use the Facility on a non-exclusive basis, on the terms provided herein so that TGS can provide the Services to you. This Membership Agreement is personal to You and cannot be transferred to anyone else.
TGS offers five types of Memberships to its Members:
Annual Club Membership. A Member may elect to enroll in an annual membership at the current annual membership price, upon payment, in full of the annual membership price and the initiation fee. Annual memberships shall automatically renew at the end of the initial term, one year from original payment date, unless Member informs TGS not less than 60 days prior to the end of the Membership term, that the member will not renew his/her Membership or wishes to convert to a Monthly Membership. Annual renewal memberships are for a one-year period and are not refundable after the 3rd of the renewal date. Should a Member fail to make the annual payment on the due date, Member’s Membership shall be suspended immediately, and Member shall not have access to the Club or its amenities. To reactivate a suspended membership, the annual payment, plus any potential late fees, must be paid no later than thirty (30) days from the due date. If payment is not made within the thirty (30) day period after the due date, the Membership shall be transitioned to a suspended status and will remain listed as suspended until member renews or cancels membership via the membership dues change request form.
Monthly Club Membership. A Member may elect to enroll in a monthly Membership plan, upon payment of the then-current initiation fee and the first month of membership dues. The membership will renew each month on the same date as the join date of membership.
Under 30 Club Membership. The Club offers a limited number of Under 30 memberships at a reduced monthly costs, as compared to the Monthly Membership. To qualify for this membership, You must provide a current and valid state or federal government-issued identification to confirm Your eligibility. When an Under 30 Member reaches the age of 30, such Member’s status will automatically convert to Monthly Member status and such Member’s dues shall automatically increase to the then-current monthly dues amount, effective the next dues payment date.
Connected Cities Annual Membership. A Connected Cities Member may elect to enroll in an annual membership at the then-current annual membership price, upon payment, in full, of the annual membership price. Annual memberships shall automatically renew at the end of the initial term, unless the Member informs TGS not less than 60 days prior to the end of the Membership term, that the member will not renew their Membership. Payment for the subsequent year shall be due and payable one year from the original payment, “join date”. Annual memberships are for a one year period, and are not refundable. Should a Member fail to make the annual payment on the due date, Member’s Membership shall be suspended immediately and Member shall not have access to events, the Club or its amenities. To reactivate a suspended membership, the annual payment, plus the late fee, must be paid no later than thirty (30) days from the due date. If payment is not made within the thirty (30) day period after the due date, the Membership shall immediately terminate and the Member will be required to undergo the application process to be considered for Membership. To qualify for this membership, your primary residence must be further than 100 miles from a TGS Club location.
Connected Cities Couples Membership. A Connected Cities Member may elect to enroll in a couples membership at the then-current couple membership price, upon payment, in full, of the couples membership price. The member must provide a valid marriage certificate or picture of driver’s licenses with the same last name to qualify for this membership. Couples memberships shall automatically renew at the end of the initial term, unless the Member informs TGS not less than 60 days prior to the end of the Membership term, that the member will not renew their Membership. Payment for the subsequent year shall be due and payable one year from the original payment, “join date”, and are not refundable after the 3rd of the renewal date. Should a Member fail to make the annual payment on the due date, Member’s Membership shall be suspended immediately and Member shall not have access to events, the Club or its amenities. To reactivate a suspended membership, the annual payment, plus the late fee, must be paid no later than thirty (30) days from the due date. If payment is not made within the thirty (30) day period after the due date, the Membership shall immediately transition to a suspended status and will remain listed as suspended until member renews or cancels membership via the membership dues change request form. To qualify for this membership, your primary residence must be further than 100 miles from a TGS Club location.
Founding Member Policy
If joining as a founding member prior to club opening, You agree to the recurring membership dues selected, which will be charged to the card provided beginning on the first day the club opens. If You wish to cancel your membership, you will be required to submit the membership dues change request form prior to the first bill date. Advance notice to this date will be given.
Payment Delinquency (Applicable to Monthly and Under 30 Memberships).
Should a Monthly or Under 30 Member (for purposes of this Section, a “Member”) fail to make a monthly payment on the due date, such Member’s Membership shall be flagged as delinquent. If such Member has not paid his/her dues by 10 days after the due date, such Member will be denied access into the club. If such Member has not paid his/her dues (inclusive of any late fees) within thirty (30) days after the due date, the Membership is automatically suspended and labeled as “Suspend Delinquent”. Any Member achieving Suspend Delinquent status, that wishes to reactivate membership, will be required to pay the current month’s dues and any additional amount owed to bring their account current.
Canceling a Membership
All membership cancelation or other status change requests must be submitted via the membership dues change request form which can be found here or within the TGS Member mobile app. The Gathering Spot will not accept written or verbal notice as an adequate form of membership status change request. All requests will be documented as submitted on the day that the form is received by The Gathering Spot and status changes will take into effect 3o days after submission.
Any Monthly/Under 30 Member wishing to terminate his/her Membership shall complete the dues change request form in its entirety. Our policy states that your membership will cancel 30 days from the date in which the membership dues change request form is submitted. No refunds will be issued for processed dues if the member’s form has not been submitted. If You wish to temporarily place your membership on hold and avoid reapplying and paying the then-current initiation fee, You can request “membership suspend”status with TGS. Membership suspend status will temporarily suspend your membership and requires that you pay $50 monthly membership dues to maintain your right to resume Membership status. This does still require a 30 day notice. Please note that if you are on membership suspend status, you will not have access to the Club. A member can elect to be on membership hold status, for a total of 3 months in any rolling 12 month period. Club management reserves the right to extend such status on a case by case basis.
Membership fees are subject to increase from time to time, at the discretion of TGS. TGS shall provide Members with not less than forty-five (45) days prior written notice of any increase in Membership fees before such increased fees go into effect.
Members may elect to transfer between annual and monthly Membership by notifying TGS in writing and following the process then in place for such transfer. These are handled on a caseby-case basis as approved by TGS staff. The member receiving the membership will need to be accepted as a member prior.
Members may elect to have access to multiple TGS Facilities by paying the increased membership fee ($50) for the All Club Membership. Discontinuation of this service also requires a 30 day written notice.
TGS has the right to offer occasional promotions on Membership packages, as TGS may determine in its sole discretion. Such promotions are for non-members only and existing Members are not eligible to receive such promotional offers.
You acknowledge and agree that you will, at all times during the term of your membership, abide by the Members Community Code as set forth below and as amended from time to time by TGS. The Members Community Code will be maintained on The Gathering Spot website.
All Members shall have on file, at all times, a current and valid credit card, for all charges incurred at TGS. Member hereby authorized TGS to charge the credit card on file for all items purchased at TGS and for the payment of dues. Any card that is added to the member’s account is therefore authorized by the member for any incidentals, dues, or other charges that may be charged to the card on file.TGS will not accept payment by cash or check, unless arrangements have been made with, and approved in advance, by TGS. It shall be Member’s responsibility to update their credit card information when the card on file is no longer valid, or if Member wishes to use a different card to pay for Services.
The Member credit card on file can be used for all payments, including:
Annual Membership payment, which shall be processed on the first day of the month following membership term.
Monthly Membership payment, which shall be processed on the first day of the month.
Under 30 Member dues payment, which shall be processed on the first day of the month.
Food and beverage consumption, which shall be processed prior to Member leaving the Club on the day Service was rendered (pay as you go process). If a check is left open, the card on file will be charged with a 20% tip added.
Club Facilities rental, which will be processed in accordance with the event space rental agreement governing such use.
Purchase of event tickets and other offers extended by the Club, which will be processed at the time of ordering.
All other purchases made through TGS, which shall be processed at the time such purchase is made.
Should a Member’s account become past due, Member agrees that the Club may assess a late charge on such past-due account on the day after such payment becomes past due. Member agrees to pay all reasonable attorneys’ fees, investigator fees, and related costs incurred by TGS in collecting past due amounts.
Membership dues are due and owed, whether or not You utilize Your membership.
Memberships are not transferable, unless approved by Club Management.
Internet access is available in the Facility as a convenience for Members and their guests. Service interruptions, if they occur, will be handled as promptly as possible. TGS is not responsible, and You agree to hold TGS harmless, for any data, business or other losses resulting from interruption in internet service. You are responsible for protecting Your computer, tablets, phones, all other devices and data from electrical surges, theft, virus, or other malicious attack.
Member shall access TGS’ internet network using only the Member’s only password. Each Member’s guest will have internet access using a guest login password. Members shall not provide guests with the Member only password. You agree not to use the Internet service, any TGS or TGS related network or website for any fraudulent, unlawful, harassing or abusive purpose, or so as to damage or cause risk to TGS’s business, reputation, employees, subscribers, facilities, or to any other person. TGS may update, modify, or institute additional Internet usage policies from time to time, and shall make such updated, modified of additional policies available for Members’ review. Members shall be responsible for abiding by all such policies.
If TGS suspects a violation of its internet usage policies by You, TGS will investigate and, if a violation is confirmed, immediately deactivate Your access to Internet service in the Facility without notice, and cooperate with law enforcement authorities, as applicable, to seek a resolution, which may include legal action against You. You agree to reasonably cooperate with TGS in investigating suspected violations.
If You have a dedicated workspace at the Facility, it shall be Your responsibility to make sure that Your workspace is clean, and clear of hazards or annoyance to other Members. Dedicated workstations are reserved for members for normal working hours of 7 am – 6 pm. On occasion, the loft area may be reserved and alternative workstations solutions can be provided for the member who’s desk if effected.
Any items other than computer monitors must be stored in designated areas before You leave the facility for any period of time.
If You are a Dedicated workspace user, You agree that you will not store any illegal substances, weapons or unlawful materials in designated storage areas. You hereby grant TGS the right to gain access to your storage area, at all times, for the purposes of ensuring the safety and well-being of the Facility, and to ensure no such items are being stored.
Do not leave Your personal property unattended. TGS shall have no liability for theft or loss of any personal property (cell phone, tablet, laptop, purse, food, etc.) while at the Facility, and such loss or theft shall be Your sole responsibility. Neither TGS, its owners, employees, agents or representatives shall be liable in any way for safeguarding Your property.
You agree that TGS may, and You hereby grant TGS a royalty-free license to, publish your name, company name, title, website, photograph, likeness and other similar details on the web, on social media or in print; provided, however, that TGS shall have no obligation to publish any such information. To the extent required by law, government request, or pursuant to any legal proceeding or investigation, TGS may disclose information about You and Your participation in and use of the Services at the Club, with or without Your knowledge, and You hereby consent to such disclosure.
The Club’s workspace, kitchen and bar hours will be posted on the website and within the Club. Alcohol service hours will comply with the city’s alcohol ordinance.
In addition to TGS’s other termination rights set forth in this Membership Agreement, TGS may, in its sole discretion, immediately terminate, or suspend, your Membership and the rights granted to you herein if: (i) You or Your guests engage in any of the Prohibited Activities set forth above; (ii)You, or your guest or invitee’s conduct: interferes with the operation of the Facility or the use of the Facility by other members; results in injury to any person or damage to property; injures or threatens TGS, its staff, or other members; damages the clubs reputation or is found to be distasteful by management; (iii) You breach this Membership Agreement or fail to comply with the Members Community Code; (iv) You make negative or disparaging comments about the Club or its staff. Further, TGS reserves the right to suspend or terminate any Member from the community in its sole discretion. Any such termination of You by TGS shall be without refund of any fees paid by You, and shall be in addition to all other rights that TGS may have against You at law or in equity.
Upon expiration or termination of Your Membership, You agree to immediately remove any and all of Your personal property from the Facility and vacate the Facility. Any continued occupancy of the Facility by You will be considered trespassing. If You fail to remove Your property from the Facility upon the termination or expiration of Your membership, TGS may remove your property from the Facility and have it stored, at your expense, and provide you notice of the storage location. TGS shall not be liable to You, and You agree to hold TGS harmless for all charges and expense related to, and any damage to such property in storage. If Your property remains unclaimed thirty days after the termination or expiration of Your membership, TGS may, without any further notice, dispose of Your property without any liability or obligation to You.
Upon the expiration of Your membership for any reason, You agree to leave any designated workspace You have used in the same condition as when You originally began utilizing it, reasonable wear and tear excepted. You agree to reimburse TGS for the cost of cleaning, and/or repairing damage to, any designated workspace which you may leave in a condition other than as required in this paragraph.
TGS carries liability and property insurance for the Facility and TGS-owned property. While not required, TGS strongly suggests that you maintain insurance on Your own equipment and personal property used at the Facility.
THE FACILITY, FURNISHINGS, EQUIPMENT AND SERVICES ASSOCIATED WITH THIS MEMBERSHIP ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TGS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL TGS OR ANY OF ITS AFFILIATES, THEIR RESPECTIVE PAST, PRESENT AND FUTURE SHAREHOLDERS, PARTNERS, MEMBERS, DIRECTORS, OFFICERS, EMPLOYEES, REPRESENTATIVES OR AGENTS (THE “TGS PARTIES”) BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO, LOSS OF USE, LOSS OF PROFITS OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, ARISING OUT OF OR IN ANY WAY RELATED TO OR CONNECTED WITH ANY USE OF THE FACILITY, MATERIALS, EQUIPMENT OR SERVICES CONTEMPLATED BY THIS MEMBERSHIP AGREEMENT OR THE ACTS OF THE OTHER MEMBERS OF TGS, INCLUDING, WITHOUT LIMITATION, ANY BODILY INJURY, DEATH OR PROPERTY DAMAGE, EVEN IF TGS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
THE AGGREGATE LIABILITY OF THE TGS PARTIES TO YOU, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR IN ANY WAY RELATED TO OR CONNECTED WITH ANY USE OF THE FACILITY, MATERIALS, EQUIPMENT OR SERVICES CONTEMPLATED BY THIS MEMBERSHIP AGREEMENT SHALL NOT EXCEED THE MEMBERSHIP PAYMENTS ACTUALLY PAID BY YOU TO TGS DURING THE 12 MONTHS IMMEDIATELY PRECEDING THE ACT OR OMISSION OUT OF WHICH SUCH LIABILITY ARISES.
This Membership Agreement, together with your membership application and Members Community Code contains the entire understanding of TGS and You relating to Your Membership and supersedes all other prior written or oral communications, agreements, understandings or arrangements between TGS and You relating to the subject matter hereof.
You acknowledge that You have read this Membership Agreement carefully, and agree that the submission of Your membership application for membership consideration is deemed Your express agreement to the terms contained herein.
