Services
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. Your membership provides value beyond physical use of the Club. It includes membership in the TGS community and access to online and digital content, programming, events, newsletters, and member communications, whether or not You visit a physical location. The dues You owe are for Your membership as a whole and are not measured by how often You use the Club or its physical facilities. 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 Gathering Spot”, the “Club” or the “Facility”. Your membership is subject to this Membership Agreement and to the rules contained in this Membership Agreement and in the Members Community Code, as such rules may be amended from time to time. For purposes of this Membership Agreement, the Members Community Code, and all other 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.
Nature of this Agreement
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.
Membership Tiers
TGS offers four membership tiers. All memberships are subject to TGS approval. The benefits and pricing of each tier are set out below. The membership term, automatic renewal, annual commitment, payment, delinquency, and cancellation terms that apply to the paid tiers are set out in the sections that follow, and apply to every paid tier regardless of billing frequency.
Community Membership — Free
Community Membership is available at no cost and provides access to a limited selection of virtual programming, the TGS newsletter, and access to select programming as designated by TGS from time to time. Community Members do not have access to Club facilities, workspace, dining, or guest privileges. Community Membership has no minimum term, is not subject to the automatic renewal, annual commitment, or delinquency terms below, and may be modified or discontinued by TGS at any time.
Access Membership — $100/Year
Access Membership is designed for individuals whose primary residence is not in close proximity to a TGS Club location and who seek community engagement from a distance. Access Members receive virtual programming, newsletter access, waitlisted consideration for Members-Only programming, limited Club dining access, mobile app access, and day-use Club access at a rate of $30 per visit. Access Membership does not include workspace access, guest access, Retreat access, complimentary dining, or dedicated check-in privileges.
Access Membership is billed annually, due in full at the time of enrollment and upon each renewal. Access Membership automatically renews as described in “Membership Term and Automatic Renewal” below, and is subject to the Annual Commitment, Payment, Delinquency, and Cancellation terms that follow.
Premium Membership — $209/Month or $2,100/Year
Premium Membership provides full access to TGS Club facilities, including unlimited workspace access, all Members-Only programming, complimentary dining, one complimentary guest pass per month, mobile app access, preferred seating, a dedicated check-in line, waived event facility fees, conference room access, and two complimentary dedicated office hours per day. Retreat access is available by invitation.
Premium Membership is available on a monthly or annual basis. The annual option is billed in full at the time of enrollment and upon each renewal. The monthly option is billed on the first day of each month. Should a Member join mid-month, the first payment shall consist of a prorated amount for the partial month plus the applicable initiation fee. All Premium Members, whether on the monthly or annual billing cycle, are committed to a full twelve (12) month term from the start date of their membership and are subject to the Membership Term, Annual Commitment, Payment, Delinquency, and Cancellation terms below. Monthly billing is a schedule for paying the dues for that initial twelve (12) month commitment in installments and does not shorten it. After the initial twelve (12) month term, annual Premium memberships automatically renew for successive twelve (12) month terms, and monthly Premium memberships continue on a month-to-month basis, in each case as described in “Membership Term and Automatic Renewal” below and subject to the cancellation terms below.
Retreat Membership — $3,100/Year
Retreat Membership provides unlimited access to all TGS Club locations, including the Retreat facility, along with all benefits included in the Premium tier: virtual programming, newsletter access, all Members-Only programming, Club dining access, mobile app access, guest access for up to three guests per visit, unlimited workspace access, complimentary dining, preferred seating, a dedicated check-in line, waived event facility fees, conference room access, and two complimentary dedicated office hours per day.
Retreat Membership is billed annually, due in full at the time of enrollment and upon each renewal. Retreat Members are subject to a minimum twelve (12) month commitment from the start date of their membership, and to the Membership Term, Annual Commitment, Payment, Delinquency, and Cancellation terms below.
Membership Term and Automatic Renewal
Each paid membership begins on the date TGS accepts your enrollment and continues for an initial term of twelve (12) months. Monthly billing is a schedule for paying that twelve (12) month commitment in installments and does not shorten it. If your account is current at the end of the initial term, what happens next depends on how you are billed. If you are billed annually, your membership automatically renews for successive twelve (12) month terms at the membership fee then in effect. If you are billed monthly, your membership continues on a month-to-month basis after the initial term, renewing each month at the membership fee then in effect, until you cancel. In every case the fee is charged to the payment method on file on the applicable schedule, you authorize this recurring charge when you enroll, and that authorization continues until your membership is cancelled. TGS will give you the renewal reminders and notices described in “Renewal Reminders and Notices” below.
Annual Commitment
Your initial membership term is a commitment for a full twelve (12) months. During the initial term, and during any twelve (12) month renewal term, you owe the dues for the entire term, whether you pay once a year or in monthly installments. Monthly billing is a payment schedule, not a shorter commitment, and cancelling or failing to pay during a committed term does not end your obligation to pay the dues for the remainder of it. After the initial twelve (12) month term, members who are billed monthly continue on a month-to-month basis, are not committed to a further twelve (12) month term, and may cancel at any time on thirty (30) days’ notice. Members who are billed annually renew into successive twelve (12) month terms, each of which carries the same full-term commitment.
Disclosure of Renewal Terms
The automatic renewal terms, including that your membership renews, the renewal price, the billing frequency, the term length, and how to cancel, are disclosed to you clearly and conspicuously at enrollment, next to where you agree to this Agreement. Your acceptance of this Agreement includes your acceptance of those terms.
Payment of Membership Account and Club Usage
All Members shall have on file, at all times, a current and valid credit card for all charges incurred at TGS. Member hereby authorizes TGS to charge the credit card on file for all items purchased at TGS and for the payment of dues. Any card added to the Member’s account is authorized by the Member for any incidentals, dues, or other charges that may be applied. TGS will not accept payment by cash or check unless arrangements have been made with, and approved in advance by, TGS. It is the Member’s responsibility to update their credit card information when the card on file is no longer valid or when the Member wishes to use a different card.
The Member credit card on file may be charged for: annual or monthly membership dues, processed on the applicable due date; food and beverage consumption, processed prior to the Member leaving the Club on the day of service (if a check is left open, the card on file will be charged with a 20% gratuity added); Club facility rentals, processed in accordance with the applicable event space rental agreement; purchase of event tickets and other Club offers, processed at the time of ordering; and all other purchases made through TGS, processed at the time of purchase.
Should a Member’s account become past due, TGS may assess a late charge beginning the day after the payment due date. 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.
Delinquency and Access
If a dues payment is declined or not completed on its due date, your account becomes delinquent. While your account is delinquent: (a) your access to the Club and its amenities is paused; and (b) you remain responsible for the dues owed for your current membership term. TGS will continue to attempt to charge the payment method on file for the amount owed, consistent with applicable card-network rules. TGS will notify you that your account is delinquent, the amount owed, how to update your payment method, and that your membership will automatically cancel at the end of your current membership term if the account remains delinquent. You may restore your access at any time by bringing your account current.
Automatic Cancellation of a Delinquent Account
If your account remains delinquent at the end of your current membership term, your membership automatically cancels at the end of that term. After cancellation, TGS will not attempt any further charge and your membership will not renew. Cancellation does not erase dues that came due for the term, and any unpaid balance remains owed. Dues already paid for the current term are not refundable except as required by law.
Canceling Your Membership
You may cancel your membership at any time online, through your member account in the TGS website portal or the TGS mobile app, or through the cancellation page linked in TGS’s renewal and billing notices. To locate your membership, the cancellation page may ask You to provide the same basic membership information You provided when You enrolled. Once your membership is identified, You may complete your cancellation on that same page by clicking to cancel, and it takes effect in accordance with the terms of your membership (for example, if you are still within your initial one year membership term your membership will cancel at the conclusion of that one year term). You are not required to contact TGS first, to call or email, or to obtain and return any separate form before canceling. If You are unable to locate your membership using that information, for example because your enrollment is held under another member’s or a spouse’s record, the cancellation page will provide a direct way to complete your cancellation with TGS’s assistance, and TGS will not use that circumstance to delay or prevent your cancellation. TGS will confirm your cancellation in writing and will document the date your cancellation request is received.
Cancellation stops your membership from automatically renewing or continuing. If you cancel during a committed term, whether your initial twelve (12) month term or a twelve (12) month renewal term, you remain responsible for the dues for the remainder of that term, and as long as those dues are paid you keep access to the Club through the end of the term, after which your membership ends. If you are billed monthly and have completed your initial twelve (12) month term, your membership is month-to-month, and you may cancel at any time on thirty (30) days’ notice. Your cancellation takes effect thirty (30) days after your cancellation request, the dues for that thirty (30) day notice period remain due, and after that your membership ends and no further dues are charged. No refunds will be issued for dues already paid, regardless of whether you use the Club during the remainder of the applicable period.
Membership Pause
You may pause your membership at any time by electing membership pause status through your member account, without reapplying or paying the then-current initiation fee. When you elect to pause, TGS will show you the pause terms set out in this section, and your election confirms your acceptance of them. During a pause: (a) your access to the physical Club and its on-site amenities is suspended, but You keep Your TGS membership, including access to the TGS community, online and digital content, programming, events, newsletters, and member communications; (b) a reduced fee of $50 per month is charged to the payment method on file, in place of your regular dues; and (c) your membership remains paused, and the $50 monthly fee continues to be charged, until you reactivate or cancel your membership. There is no maximum pause length. You may reactivate or cancel at any time through your member account, using the link or button provided there, and you are not required to contact TGS first.
While your membership is paused, TGS will send you, at least once every twelve (12) months and in a form you can keep, a reminder that your membership is paused, that the $50 monthly fee is being charged to your payment method on file, that you do not have physical Club access while paused, and how to reactivate or cancel. If you pause during a committed term, the pause suspends the unserved portion of that commitment, which resumes when you reactivate, so that pausing does not reduce the total dues owed for the committed term. Cancelling while paused is subject to the “Canceling Your Membership” terms above.
Renewal Reminders and Notices
TGS will send you, in the same medium you used to enroll or that you normally use to communicate with TGS, and in a form you can keep: (a) a confirmation at enrollment stating the membership terms, the amount and frequency of charges, and how to cancel; (b) an annual reminder before each renewal, sent no fewer than 30 and no more than 45 days before the renewal date, stating the membership, the renewal amount and frequency, the renewal date, and how to cancel, with an active link to cancel; (c) for memberships billed monthly on a month-to-month basis after the initial term, at least an annual reminder of the ongoing membership, the amount and frequency of the charge, and how to cancel, with an active link to cancel; and (d) advance notice of any fee change, stating the new amount, the date it takes effect, and how to cancel.
Changes to Fees
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 take effect, stating the new amount and how to cancel. The increased fee applies at your next renewal after its effective date.
Membership Transfers; Promotional Pricing
Membership transfers between tiers are handled on a case-by-case basis as approved by TGS staff. Any member receiving a transferred membership must be accepted as a member prior to the transfer taking effect. Members may elect to have access to multiple TGS Facilities by paying the All Club Membership upgrade fee of $50 per month. Discontinuation of this upgrade requires a 30-day notice through your member account. TGS reserves the right to offer occasional promotional pricing on membership packages. Such promotions are available to non-members only. Existing Members are not eligible for promotional pricing.
Founding Member Policy
If joining as a founding member prior to a Club location 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. Advance notice of the first bill date will be provided. If You wish to cancel before the first bill date, you may do so through your member account as described in “Canceling Your Membership.”
Members Community Code
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 in the member portal and on the TGS website.
Prohibited Activities
You agree that while You are a Member, in the Facility, or using the Services, You will not: (a) use the Facility or Services for any unlawful purpose or in any manner prohibited by this Membership Agreement or the Members Community Code; interfere with the use of the Facility by TGS or others; cause any nuisance; harass or annoy other Members; or engage in any activity likely to increase insurance premiums or cause loss or damage to TGS or any other Member or user of the Facility; (b) engage in any conduct of a sexual or otherwise offensive or harassing nature toward any Member or TGS staff member that is unwelcomed or unwanted; (c) place anything in common areas or near any glass, window, door, partition, or wall that is unsightly or limits the use of the Facility by others; (d) use the Facility for retail activity open to the general public, or use the Facility in any way that creates a health or safety risk, including chemical, biological, or medical research, or any activity inconsistent with a professional office environment; (e) bring into the Facility, or knowingly permit guests or invitees to bring into the Facility, any hazardous, flammable, or combustible materials, explosives, or fireworks; (f) bring any weapons into the Facility, regardless of whether You hold a concealed carry permit; (g) install fixtures or undertake any structural or cosmetic changes to the Facility, including but not limited to moving, removing, or adding walls, painting walls, removing or adding doors, installing or removing flooring, disabling or tampering with HVAC, elevators, fire alarms, fire doors, or security systems, or adding or removing locks; (h) install any cabling, IT, or telecom connections without TGS’ prior written consent; (i) obstruct or use for any purpose other than ingress and egress the sidewalks, halls, passages, exits, entrances, elevators, and stairways; (j) make any holes in the walls of any assigned or community space; or (k) make any modifications to any assigned space.
If, as a result of Your or Your guest’s conduct, TGS requests Your removal from the Facility, You and/or Your guest shall leave promptly and may arrange with TGS to return at a later time to collect personal belongings. If You or Your guest refuse to leave at TGS’s request, TGS shall have the right to remove such person, and the removed person shall hold TGS harmless from any claim or expense related to such removal.
Conference Room Policies
Members may book conference rooms through the Concierge. Conference room payment will be charged at the time of booking using the credit card on file. If a Member wishes to use an alternative form of payment, it is the Member’s responsibility to inform the Concierge at the time of booking. We require 48 hours’ cancellation notice prior to your scheduled reservation; otherwise, a $75 cancellation fee will be charged to your account. If You do not notify us of your cancellation and do not use the booked conference room, a $100 cancellation fee will be charged. Should You need to reschedule, a credit equal to the total amount paid will be applied toward a future conference room booking. Refunds will not be issued for cancellations or rescheduled bookings.
Internet Usage
Internet access is available in the Facility as a convenience for Members and their guests. TGS is not responsible for any data, business, or other losses resulting from interruptions in internet service, and You agree to hold TGS harmless for any such losses. You are responsible for protecting Your own devices and data from electrical surges, theft, viruses, or other malicious attacks.
Members shall access TGS’ internet network using only the Member-designated password. Guest internet access is available via a separate guest login. Members shall not share the Member-only password with guests. You agree not to use the internet service or any TGS network for any fraudulent, unlawful, harassing, or abusive purpose, or in any way that could damage TGS’s business, reputation, employees, or facilities. Confirmed violations of internet usage policies may result in immediate deactivation of internet access and may involve cooperation with law enforcement.
Dedicated Workspace
If You have a dedicated workspace at the Facility, it is Your responsibility to keep Your workspace clean and free of hazards or annoyances to other Members. Dedicated workstations are reserved for Members during normal working hours of 7am to 6pm. Any items other than computer monitors must be stored in designated areas before You leave the Facility.
Dedicated workspace users agree not to store any illegal substances, weapons, or unlawful materials in designated storage areas. You hereby grant TGS the right to access your storage area at any time for the purposes of ensuring the safety and well-being of the Facility. TGS shall have no liability for theft or loss of personal property while at the Facility, and such loss or theft shall be Your sole responsibility.
Rights to Publicity; Required Disclosure
You agree that TGS may publish your name, company name, title, website, photograph, likeness, and other similar details on the web, on social media, or in print, and You hereby grant TGS a royalty-free license to do so; provided, however, that TGS shall have no obligation to publish any such information. To the extent required by law, government request, or legal proceeding, TGS may disclose information about You and Your use of the Services, with or without Your knowledge, and You hereby consent to such disclosure.
Privacy
Members are not to disclose or share information about the Club or other Members without the Club’s or such Member’s permission. Members are prohibited from disturbing, photographing, or soliciting others in the Club with whom they are not personally acquainted. Violation of this policy may result in suspension or termination of membership.
Food and Beverage
Outside food and beverage is not permitted in the Facility. TGS food and beverages may only be consumed in designated areas within the workspaces.
Attire
Club management reserves the right to refuse entrance to any person dressed inappropriately or whose clothing is deemed offensive at management’s discretion. “Business Smart” attire is required at all times. Short shorts, athletic shorts, tank tops, crop tops, and men’s flip flops are not permitted inside the Club at any time.
Hours of Operation
The Club’s workspace, kitchen, and bar hours will be posted on the TGS website and within the Club. Alcohol service hours will comply with the applicable city alcohol ordinance.
Membership Access Card
Members will be provided with a mobile membership access card for entry to the Facility. Members are required to scan their mobile access card upon arrival. Membership access cards may not be shared with non-members. Any violation may result in suspension or termination of membership.
Family Policy
Children under the age of 21 may dine in the restaurant with a Member before 5pm and may only attend specified family events. Minors are never permitted in the workspace or bar area and must at all times be accompanied by a parent or adult guardian. Children under the age of 6 are not permitted in the Club.
Guest Policy
All guests must sign in at the front desk upon arrival, and Members must be present in the Club at all times while a guest is present. Members are responsible for ensuring their guests comply with all Club rules, and membership may be suspended or terminated if a guest violates any Club rule.
Guest Pass Allotment. Guest passes are valid at the Atlanta, Washington D.C., and Los Angeles Club locations only and do not apply to the Retreat. Premium Members who have been members for less than one (1) year receive one (1) complimentary guest pass per month. Premium Members who have been members for one (1) year or more receive two (2) complimentary guest passes per month. Unused guest passes expire at the end of each month and do not roll over. Access Members do not receive complimentary guest passes; Access Members and their guests are charged $30 per visit.
Earning Additional Guest Passes. Members may earn up to six (6) additional guest passes per month through the following activities: attending two (2) Club events earns one (1) pass; checking in ten (10) times earns one (1) pass; referring an Access Member who joins earns one (1) pass; and referring a Premium Member who joins earns two (2) passes. Passes earned through these activities are applied to the following month, not the current month.
Purchasing Additional Guest Passes. After exhausting their monthly complimentary passes, Members may purchase additional guest passes at $30 per guest. Purchased passes are valid for a two-hour time block and are only valid before 5pm. Guest passes are non-transferable.
After 5pm Guest Access. After 5pm, all guests are complimentary with no limit, as dining transitions to an a la carte format. Complimentary dining options remain available for eligible Members during dinner and can be verified through dining vouchers.
What Guest Passes Cover. A guest pass provides access to the full Club and amenities, including the chef-driven buffet for breakfast and lunch. The pass does not cover beverages or gratuity. Guests who dine will be presented with a check to pay gratuity. Guest passes are non-transferable.
Exemptions. Groups using reserved conference rooms, private dining rooms, or meeting rooms with a catering order of $250 or more are exempt from guest pass requirements.
Lockers and Storage
If Your membership includes or You have upgraded to include a secure locker, You agree not to store any illegal substances, weapons, or unlawful materials in Your locker. You hereby grant TGS the right to access Your locker at any time to ensure the safety and well-being of the community.
Termination
In addition to TGS’s other termination rights, TGS may, in its sole discretion, immediately terminate or suspend Your membership if: (i) You or Your guests engage in any Prohibited Activity; (ii) Your or Your guest’s conduct interferes with the operation of the Facility, results in injury or property damage, threatens TGS staff or other Members, or damages the Club’s reputation; (iii) You breach this Membership Agreement or the Members Community Code; or (iv) You make negative or disparaging comments about the Club or its staff. TGS further reserves the right to suspend or terminate any Member at its sole discretion. Any termination by TGS shall be without refund of fees paid and is in addition to all other rights TGS may have at law or in equity.
Upon expiration or termination of Your membership, You agree to immediately remove all personal property from the Facility. Any continued presence in the Facility will be considered trespassing. If You fail to remove Your property, TGS may store it at Your expense and provide notice of its location. TGS shall not be liable for any damage to stored property. If Your property remains unclaimed for thirty (30) days after membership termination or expiration, TGS may dispose of it without further notice or obligation.
Upon expiration or termination of Your membership, You agree to leave any designated workspace in the same condition as when You began using it, reasonable wear and tear excepted. You agree to reimburse TGS for any cleaning or repair costs resulting from a workspace left in a condition that does not meet this standard.
Authority and Understanding
You acknowledge that You have read, understand, and agree to the terms of this Membership Agreement and the Members Community Code. You hereby represent and warrant that You are 18 years of age or older and have full legal power and authority to enter into this Membership Agreement.
Insurance
TGS carries liability and property insurance for the Facility and TGS-owned property. While not required, TGS strongly recommends that You maintain insurance on Your own equipment and personal property used at the Facility.
Warranty Disclaimer
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.
Limitation of Liability
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 CONNECTED WITH ANY USE OF THE FACILITY, MATERIALS, EQUIPMENT OR SERVICES CONTEMPLATED BY THIS MEMBERSHIP AGREEMENT, 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 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.
Indemnification
You agree to defend, indemnify, and hold harmless the TGS Parties from and against any claims, damages, costs, liabilities, and expenses (including reasonable attorneys’ fees), judgments, fines, and penalties arising out of or related to Your or Your guest’s activities at the Facility, including any actual or threatened suit, demand, or claim arising out of Your use of the Facility, Your violation of this Membership Agreement or the Members Community Code, or any damage or injury caused by You or Your guest. Your indemnification obligations survive the expiration or termination of this Membership Agreement.
Assignment
This Membership Agreement and the rights and obligations hereunder may not be assigned, delegated, or transferred by You by intentional act, operation of law, or otherwise. This Membership Agreement and the rights and obligations hereunder shall be freely assignable by TGS without Your consent.
Changes to this Agreement
TGS may update this Membership Agreement and the Members Community Code from time to time. TGS will post the updated version, with its effective date, in the member portal and on the TGS website, and will keep prior versions available so the version that applies to you can be identified. TGS will notify Members of any material change in advance. A change that adds to or increases your obligations, including any change to dues, fees, renewal terms, or payment obligations, takes effect for you only after you affirmatively accept the updated Agreement, which TGS may request at your next renewal, or as otherwise required or permitted by applicable law. For non-material changes, your continued use of the Club after notice constitutes your acceptance. This Membership Agreement may not be modified or amended by You. Any waiver by TGS of Your breach of any provision shall not operate as a waiver of any other breach, and the failure to insist on strict adherence to any term on one or more occasions shall not be considered a waiver or deprive TGS of the right to insist on strict adherence thereafter.
Relationship to Website and App Terms
This Membership Agreement governs your membership. It is separate from the Terms of Use that govern use of the TGS website and mobile app, which apply to all users, including non-members. The website and app Terms of Use do not contain, and are not a source of, your membership, dues, renewal, delinquency, or cancellation terms. Those are governed solely by this Membership Agreement.
Governing Law and Venue
This Membership Agreement will be governed by, construed, and enforced in accordance with the laws of the State of Georgia, without regard to Georgia’s conflicts of law rules. You hereby submit to the exclusive jurisdiction of the Federal and State courts situated in Fulton County, Georgia for the resolution of any dispute arising between You and the Club, regardless of which Facility your membership applies to. Nothing in this section waives or limits any right or protection that the consumer-protection or automatic-renewal laws of the state in which you reside provide to you and that cannot be waived by agreement. To the extent your home state gives you a non-waivable right with respect to a claim, this section does not override that right.
Notices
All notices under this Membership Agreement shall be in writing and delivered via electronic mail, in person, or via US Mail or recognized carrier (such as FedEx, DHL, or UPS). Notice by US Mail is deemed given upon the earlier of actual receipt or 3 business days after posting. Notice by electronic mail is deemed given on the day sent. Notice by overnight carrier is deemed given the next business day.
Severability
If any provision of this Membership Agreement is determined to be invalid, illegal, or unenforceable, such provision shall be deemed stricken and the remaining provisions shall remain in full force and effect to the fullest extent permitted by applicable law.
Entire Agreement
This Membership Agreement, together with your membership application and the Members Community Code, constitutes the entire understanding between TGS and You relating to Your membership and supersedes all prior written or oral communications, agreements, or arrangements relating to the subject matter hereof.
You acknowledge that You have read this Membership Agreement carefully. Submission of Your membership application, and your acceptance at enrollment, constitute Your express agreement to the terms contained herein.
