Our traditional membership model is month to month. However, we do offer 6-month or 12-month commitments to ensure you get your new dedicated space as long as you need it.
SAMPLE MEMBERSHIP AGREEMENT
“Company” means Pediatric People, PLLC or any of its affiliates.
“Location” means the Company Location where You have been granted access, as specified under Membership Details.
“You” or “Your” means the company and/or individual listed under Membership Details and executing this Agreement.
“Guest” means You or anyone authorized by You to enter the Location, including individuals employed by You.
“Membership Fee” means the monthly fee paid by You which is associated with the use of Services by You and Your Guests.
“Office Space” means the specific office space You are granted under this agreement, specified under Membership Details.
“Term” means the number of months You have agreed to be obligated to the terms of this Agreement as specified under Membership Details.
Other capitalized terms used in this Agreement are defined in the body of the Agreement.
TERMS & CONDITIONS
THE BENEFITS OF MEMBERSHIP
Subject to the terms of this agreement, the Company will provide each Guest the services described below (the “Services”):
The Company provides regular maintenance at Location, provided that You will be responsible for damage caused by Guests exceeding normal wear and tear. The Company does not provide technical or IT support to any Guest and will not be responsible for any damage to any personal property of any Guest.
The Company provides access to and use of a shared Internet connection. The Company utilizes an Internet Service Provider (“ISP”). The Company and ISP may monitor internet usage for illegal, inappropriate, or unacceptable uses. If any such illegal, inappropriate, or unacceptable use occurs, the Company reserves the right to terminate shared internet access.
You or Guests that are employed by You are provided use of the printer and scanner.
Animals, with the exception of service animals, are not allowed in the Location. You will be liable for any damage or cleaning as the result of Your or Your Guest’s service animal.
Parking is made available in a parking lot on a first-come, first-served basis. The Company does not guarantee the availability of parking. The Company will not be liable for any injury or damage to a Guest’s vehicle, or any theft of personal property located in a Guest’s vehicle.
MEMBERSHIP AND OTHER FEES
Membership Fee. During the term of this Agreement, the Membership Fee and other outstanding fees will be due at the beginning of each month, with the initial month beginning on the Start Date and each subsequent month beginning on the first of the subsequent months. If the Start Date does not fall on the first Saturday of the month, the Membership Fee for the initial month will be prorated.
Late Fees. If payment for any fee or other amount is not received within 10 days of the day it is due, a late charge in the amount of $35 will be added and shall be due and payable immediately.
Form of Payment. The Company accepts payment of all amounts specified in this Agreement by check or credit card.
TERM AND TERMINATION
This Agreement will be effective when signed by You and accepted by the Company and the initial Membership Fee (the “Start Date”), unless the Company approves a request for a later Start Date. Membership is on a monthly basis and will automatically renew at the beginning of each month unless terminated as set forth herein.
Termination By You After the Start Date. You may terminate this agreement by delivering to Your Company Manager an email notice of termination. The termination will not be effective until the last business day of Your Term. The notice must be delivered to the Company Manager via email no later than 30 days before the last business day of the month.
Termination by the Company For Cause. The Company may immediately terminate this agreement in the event the Company determines, in its sole discretion, that You or any of Your Guests:
have breached any provision of this agreement,
have violated any law, rule or regulation of any governmental entity or have otherwise engaged in any illegal act, whether or not related to the Services or Your membership,
have violated any Company policy, term, or condition, or
have engaged in any illicit, immoral, inappropriate or other act which is disruptive or dangerous to the Company, or its owners, managers, officers and employees, or other Pediatric People guests, or would result in damage to the property or reputation of Pediatric People. In the event of a termination for cause, all Services will immediately cease and You and Your Guests will be required to immediately vacate Location and return any keys or other the Company property in Your possession. No refunds of any kind will be provided in connection with a termination for cause.
MEMBERSHIP RULES AND POLICIES
Keys, smartphone apps, passwords, access codes and other such items used to gain physical access to Location will remain the property of the Company. You and Your Guests will safeguard any such property and data. You will be liable for a $100 replacement fee should any key be lost, stolen or not returned at the end of the Agreement.
You shall promptly notify the Company of any change to Your contact and payment information.
The Company will provide notice to You and Your Guests of any changes to Services, fees, or other updates to this agreement by email to the email addresses provided by You. It is Your responsibility to read such emails.
For security reasons, the Company may regularly record via video in common areas.
The Company reserves the right to perform background checks on You and any Guests at any time and for any reason. The Company may remove Guests, cancel Services with respect to such Guests or otherwise terminate this agreement based on the results of any background check.
The Company may disclose information about You or Your Guests as necessary to satisfy any applicable law, regulation, legal process or governmental request and the Company shall notify You or Your Guests of any such disclosure within a reasonable amount of time.
You and Your Guests will abide by other rules and regulations as determined by the Company which are communicated to You by email. The Company may add, delete or amend the rules and regulations in its sole discretion and without notice to You.
You acknowledge that Location is subject to occupancy limitations and has limited capacity.
Alcohol, drugs, smoking, including e-cigarettes and other similar devices, are prohibited in the Location.
Open flames are not permitted in the Location.
Portable air conditioning or heating devices are not permitted in the Location.
Guests 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.
The Company is not responsible for any damage caused by You or any of Your Guests. You agree to indemnify and hold harmless the Company and any of its owners, managers, officers and employees from and against any damages, costs, fees and expenses (including attorney’s fees) resulting from any claim made by a third party against the Company arising from the behavior of any of Your Guests.
The Company is not responsible for any damage caused by any other Company member or third party. The Company has no obligation to participate or mediate any dispute between You, Your Guests, or other Company Guests and/or any third party.
The Company reserves the right to refuse service, including the provision of Services, at any time and for any reason.
The policies, terms and conditions of this agreement and the use of the Location 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 Location is located.
Technology Release. You agree that the Company and its affiliates:
are not responsible for any damage to any Guest’s computer system other than any damage, cost, fees and/or expenses (including attorney’s fees) resulting from the gross negligence or willful misconduct of the Company and its employees,
do not assume any liability or warranty in the event that any manufacturer warranties are voided;
and do not offer any verbal or written warranty, either expressed or implied, regarding the success of any technical support the Company may choose to provide.
Company Intellectual Property. Other than as expressly provided in this agreement, nothing in this agreement shall be deemed to provide You or any Guest with a license to use “Company” or any other “Company” intellectual property for any purpose.
Waiver of Claims. To the extent permitted by law, You, on Your own behalf and on behalf of Your Guests, waive any and all claims and rights against the Company and its affiliates, owners, managers, officers and employees resulting from injury or damage to, or destruction, theft, or loss of, property or person. The Company is not responsible for lost, damaged, or any stolen personal property.
Limitation of Liability. The aggregate monetary liability of the Company or its affiliates to You, Your Guests, for any reason and for all causes of action will not exceed the total fees paid by You to the Company under this agreement. The Company 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 affiliate, 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.
Liability Insurance. You agree to maintain all required liability insurance associated with You or Your company’s services. Membership is not inclusive of any insurance of any type unless required by law. The Company will require proof of liability insurance for the duration of Your Membership.
Nature of the Agreement. Notwithstanding anything in this agreement to the contrary, You agree that Your relationship with the Company is not that of landlord-tenant or lessor-lessee and this agreement in no way shall be construed as to grant You or any Guest any title, easement, lien, possession or related rights in any of the Company’s business, Location or any property of the Company located at any the Company Location. This agreement creates no tenancy interest, leasehold estate, or other real property interest. This agreement shall not be deemed to create a fiduciary or agency relationship, or partnership or joint venture. Neither party will in any way misrepresent the relationship between You and the Company.
Updates to the Agreement. We may from time to time update this agreement and will provide notice to You of these updates. You will be deemed to have accepted the new terms of the agreement following the completion of one (1) full calendar month after the date of notice of the update(s). Continued use of the office space or Services beyond this time will constitute acceptance of the new terms. This paragraph will not apply to changes to Membership Fees.
Governing Law. 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 Location. You hereby irrevocably agree to waive any right to a jury trial of any such claim or cause of action.
The Company shall not be deemed by any act or omission to have waived any of its rights or remedies hereunder unless such waiver is in writing and signed by the Company.
This agreement is subject and subordinate to any lease with any landlord that may apply to any the Company Location and to any other agreements to which any such lease is subject to or subordinate.
Extraordinary Events. Neither You, any Guest, or the Company is liable for, and will be considered in default or breach of this agreement on account of, any delay or failure to perform as required by this agreement (with the exception of any obligation on Your part to pay any sum of money due to the Company under this agreement) as a result of any causes or conditions that are beyond such party’s reasonable control and which such party is unable to overcome by the exercise of reasonable diligence.
This agreement will be effective when signed by You and by the Company’s Company Manager. By signing this agreement, You represent to the Company that You have the proper authority to execute this agreement on behalf of Your company and incur the obligations described in this agreement on behalf of Your company.