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                    MembershipAgreemeEnt

Effective January 1, 2021

Terms and Conditions: These general terms and conditions apply to Office/CoWorking, Virtual Office and Membership agreements for services we supply to You. 

  1. General Agreement

    1. Nature of an agreement: At all times, each Hub remains in Our 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 The Hub, NOR THIS MEMBERSHIP AGREEMENT SHALL IN ANY MANNER CREATE OR CONSTITUTE A LANDLORD/TENANT RELATIONSHIP.  Instead, The Hub is granting you a limited license to use the Facility on a non-exclusive basis, on the terms provided herein so that The Hub can provide the Services to you. This Membership Agreement is personal to You and cannot be transferred to anyone else.

    2. 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 Hub Business Strategy Center, LLC (“The Hub”) 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, The Hub Business Strategy Center may also be referred to as “The Hub”. The physical The Hub locations  may also be referred to herein as the “The Hub Business Strategy Center”, the “Hub” or the “Facility”.  Your membership is subject to this Membership Agreement and to the rules posted on The Hub Business Strategy Center website and contained in this Membership Agreement, as such rules may be amended from time to time (the “Members Community Agreements”). For purposes of this Membership Agreement, the Members Community Agreements 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 The Hub or the Facility.  You agree that this Membership Agreement constitutes a valid, legal and binding agreement between You and The Hub.

    3. We may elect not to renew an agreement. If so, We will inform You by email or by mail, according to the same notice periods specified above.

    4. If the Space You are occupying is no longer available: In the event that We are permanently unable to provide the You the space You have at the Hub stated in an agreement, We will offer You accommodation in one of Our other spaces. In the unlikely event we are unable to find an alternative accommodation that is acceptable to You, Your agreement will end and You will only have to pay monthly fees up to that date and for any additional services You have used.

    5. When a Private Office+ Membership ends: When an agreement ends You must vacate Your accommodation immediately, leaving it in the same state and condition as it was when You took it.  Upon Your departure or if You choose to relocate to a different room within a Hub, We will charge a fixed office restoration service fee to cover normal cleaning and any costs incurred to return the accommodation to its original condition and state. We reserve the right to charge additional reasonable fees for any  repairs needed above and beyond normal  wear and tear. If You leave any room in the Hub, We may dispose of it at Your cost in any way, We choose without owing You any responsibility for it or any proceeds of sale. If You continue to use the accommodation when an agreement has ended, You are responsible for any loss, claim or liability We may incur as a result of Your failure to vacate on time. 

    6. Transferability: Subject to availability (which shall be determined in Our sole discretion) You may transfer Your agreement to other rooms in the Hub provided that Your financial commitment remains the same (or increases) and such transfer is not used to extend or renew an existing agreement. Such a transfer may require entry into a new agreement. Memberships are not transferable to other persons.

  2. Use of the Hub:

    1. Business Operations: You may not carry on a business that competes with Our business of providing serviced offices and flexible working. You may not use Our name (or that of Our affiliates) in any way in connection with Your business. You are only permitted to use the address of a Hub as Your registered office address if it is permitted by both law and if We have given You prior written consent (given the administration there is an additional fee chargeable for this service).   You must only use the accommodation for office business purposes. If We decide that a request for any particular service is excessive, We reserve the right to charge an additional fee. In order to ensure that the Hub provides a great working environment for all, We kindly ask you to limit any excessive visits by members of the public.

  3. Accommodation

    1. Alterations or Damage: You are liable for any damage caused by You or those in the Hub with Your permission, whether express or implied, including but not limited to all employees, contractors and/or agents.

    2. IT Installations: We take great pride in Our IT infrastructure and its upkeep and, therefore, You must not install any cabling, IT or telecom connections without Our consent, which We may refuse at our absolute discretion. As a condition to Our consent, You must permit Us to oversee any installations (for example, IT or electrical systems) and to verify that such installations do not interfere with the use of the accommodation by other clients or Us or any landlord of the building. Fees for installation and de-installation will be at Your cost.

    3. Use of the Private Office Space: An agreement will list the accommodation We initially allocate for Your use.  You will have a non-exclusive right to the room(s) allocated to You. Where the accommodation is a Coworking desk, this can only be used by one individual, it cannot be shared amongst multiple individuals. Occasionally to ensure the efficient running of the Hub, We may need to allocate different accommodation to You, but it will be of reasonably equivalent size and We will notify You with respect to such different accommodation in advance.

    4. Access to the Private Office Space: To maintain a high level of service, We may need to enter Your office space and may do so at any time, including and without limitation, in an emergency, for cleaning and inspection or in order to resell the space if You have given notice to terminate. We will always endeavor to respect any of Your reasonable security procedures to protect the confidentiality of Your business.

    5. Expiration of Membership: 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, The Hub may remove your property from the Facility and have it stored, at your expense, and provide you notice of the storage location. The Hub shall not be liable to You, and You agree to hold The Hub 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, The Hub may, without any further notice, dispose of Your property without any liability or obligation to You.

  4. Our liability to You and Insurance

    1. The extent of Our liability: To the maximum extent permitted by applicable law, We are not liable to You in respect of any loss or damage You suffer in connection with an agreement, including without limitation any loss or damage arising as a result of our failure to provide a service as a result of mechanical breakdown, strike or other event outside of Our reasonable control otherwise unless We have acted deliberately or have been negligent. In no event shall We be liable for any loss or damage until You provide written notice and give Us a reasonable time to remedy it. If We are liable for failing to provide You with any service under an agreement then, subject to the exclusions and limits set out immediately below, We will pay any actual and the reasonable additional expense You have incurred in obtaining the same or similar service from elsewhere.

    2. Your Insurance: It is Your responsibility to arrange insurance for property which You bring into the Hub, for any mail You send or receive and for Your own liability to your employees and to third parties. We strongly recommend that You put such insurance in place.

    3. IT Services and Obligations: Whilst We have security internet protocols in place and strive to provide seamless internet connectivity, WE DO NOT MAKE ANY REPRESENTATION AND CANNOT GUARANTEE ANY MAINTAINED LEVEL OF CONNECTIVITY TO OUR NETWORK OR TO THE INTERNET, NOR THE LEVEL OF SECURITY OF IT INFORMATION AND DATA THAT YOU PLACE ON IT. 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. The Hub is not responsible, and You agree to hold The Hub 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. You agree not to use the Internet service, any The Hub or The Hub related network or website for any fraudulent, unlawful, harassing or abusive purpose, or so as to damage or cause risk to The Hub’s business, reputation, employees, subscribers, facilities, or to any other person. The Hub 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.

    4. EXCLUSION OF CONSEQUENTIAL LOSSES: WE WILL NOT IN ANY CIRCUMSTANCES HAVE ANY LIABILITY TO YOU FOR LOSS OF BUSINESS, LOSS OF PROFITS, LOSS OF ANTICIPATED SAVINGS, LOSS OF OR DAMAGE TO DATA, THIRD PARTY CLAIMS OR ANY CONSEQUENTIAL LOSS. WE STRONGLY RECOMMEND THAT YOU INSURE AGAINST ALL SUCH POTENTIAL LOSS, DAMAGE, EXPENSE OR LIABILITY.

  5. Membership:

    1. If You have subscribed to a Membership Agreement, You will have access to all parts of the Multipurpose Room during the hours (7am – 7pm) and subject to availability.

    2. As a Member, You may not use the Hub as Your business address without an accompanying office or virtual office agreement in place. Any use of the Hub address in such a way will result in an automatic enrollment in the Virtual Office product for the same term as Your membership and You will be invoiced accordingly.

    3. Member Community Agreements: The Member Community Agreements, which are incorporated into these terms and conditions, are primarily in place and enforced to ensure that all clients have a professional environment to work in. Failure to abide by the Member Community Agreements may result in termination of membership by The Hub. 

    4. Membership Usage: Usage is measured in whole days and unused days cannot be carried over to the following month. A membership is not intended to be a replacement for a full-time workspace and all workspaces must be cleared at the end of each day. You are solely responsible for Your belongings at the Hub at all times. We are not responsible for any property that is left unattended. Should You use more than Your membership entitlement, We will charge You an additional usage fee. You may bring in guests (subject to availability). All guests will be required to purchase a day pass. Membership dues are due and owed, whether or not You utilize Your membership.

    5. Compliance with Law: You must comply with all relevant laws and regulations in the conduct of Your business and during your use of The Hub. You must not do anything that may interfere with the use of the Hub by Us or by others (including but not limited to political campaigning or immoral activity), cause any nuisance or annoyance, or cause loss or damage to Us (including damage to reputation) or to the owner of any interest in the building. If We have been advised by any government authority or other legislative body that it has reasonable suspicion that You are conducting criminal activities from the Hub, or You are or will become subject to any government sanctions, then We shall be entitled to terminate any and all of Your agreements with immediate effect. You acknowledge that any breach by You of this clause shall constitute a material default, entitling Us to terminate Your agreement without further notice.

    6. Data Protection: You acknowledge and accept that we may collect and process personal data concerning You and/or your personnel in the course of our agreement for services with you. Such personal data will be processed in accordance with our privacy policy. Where you provide this data to us, you will ensure that you have the necessary consents and notices in place to allow for this.

    7. Rights to Publicity; Required Disclosure: You agree that The Hub may, and You hereby grant The Hub 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 The Hub 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, The Hub may disclose information about You and Your participation in and use of the Services at the Hub, with or without Your knowledge, and You hereby consent to such disclosure.

    8. Confidentiality: The terms of an agreement are confidential. Neither of us may disclose them without the other’s consent unless required to do so by law or an official authority. This obligation continues for a period of 3 years after an agreement ends.

    9. Assignment: An agreement is personal to You and cannot be transferred to anyone else without prior consent from Us unless such transfer is required by law. However, We will not unreasonably withhold our consent to assignment to an affiliate provided that You execute our standard form of assignment. We may transfer any agreement and any and all amounts payable by You under an agreement to any other member of Our group.

    10. Applicable law: 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 Gwinnett County, Georgia for the resolution of any dispute which may arise between You and the Hub, regardless of which Facility(ies) Your membership applies. You agree that You will not contest such jurisdiction on the theory that it is inconvenient, or for any other reason.

    11. Severability: If any provision of these terms and conditions is held void or unenforceable under the applicable law, the other provisions shall remain in force.

    12. Indemnification: You agree to defend, indemnify and hold harmless the The Hub Parties from and against any claims, damages, costs, liabilities and expenses (including, but not limited to, reasonable attorney’s fees), judgments, fines and penalties based upon or arising out of or related to Your (or Your guest’s) activities at the Facility, including, without limitation, any actual or threatened suit, demand or claim arising out of or relating to Your use (or Your guest’s use) of the Facility, Your violation of this Membership Agreement, Your (or Your guest’s) violation of the Members Community Agreements or any damage or injury that You or Your guest cause. Your indemnification obligations survive expiration or termination of this Membership Agreement.

    13. Entire Agreement: This Membership Agreement, together with your membership application and Members Community Agreements contains the entire understanding of The Hub and You relating Your Membership and supersedes all other prior written or oral communications, agreements, understandings or arrangements between The Hub and You relating to the subject matter hereof.

    14. Terminate Membership: Any Member wishing to terminate their Membership shall provide The Hub with not less than five (5) days’ notice. Membership cancellation must be done via the Membership portal within (5) business days of your Membership Renewal Date. The Hub may, in its sole discretion, immediately terminate, or suspend, your Membership and the rights granted to you. Any such termination of You by The Hub shall be without refund of any fees paid by You, and shall be in addition to all other rights that The Hub may have against You at law or in equity.

    15. Place Membership On Hold: Members can request to temporarily place their membership on hold and avoid reapplying and paying the then-current initiation fee. Membership hold status will temporarily suspend your membership and requires that you pay 25% of your monthly membership dues to maintain your right to resume Membership status. Please note that if you are on membership hold status, you will not have access to the Hub. A membership can elect to be on membership hold status, for a total of 3 months in any rolling 12 month period. Hub management reserves the right to extend such status on a case by case basis. An advance notice of not less than (5) days is required.

  6. Fees

    1. Activation: An activation fee is payable in respect of each agreement You have with Us. This fee covers the administrative cost of the new member onboarding process and account setup. This fee is charged on a per person basis for the Connect, Collaborate, and Community memberships and per occupant basis for Private Office+membership. As of January 2021, this fee is $50.

    2. Taxes and duty charges: You agree to pay promptly (i) all sales, use, excise, consumption and any other taxes and license fees which You are required to pay to any governmental authority (and, at Our request, You will provide to Us evidence of such payment) and (ii) any taxes paid by Us to any governmental authority that are attributable to Your accommodation, where applicable, including, without limitation, any gross receipts, rent and occupancy taxes, tangible personal property taxes, duties or other documentary taxes and fees.

    3. Payment: We are continually striving to reduce our environmental impact and support You in doing the same. All Members shall have on file, at all times, a current and valid credit card, for all charges incurred at The Hub. Member hereby authorized The Hub to charge the credit card on file for all items purchased at The Hub 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. The Member credit card on file shall be used for all payments, including: Monthly Membership payment, which shall be processed on Membership Renewal Date; Hub 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 Hub, which will be processed at the time of ordering; All other purchases made through The Hub, which shall be processed at the time such purchase is made.

    4. Failure to pay: Should 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 their dues by the due date, such Member will be denied access into the Hub.   On the 30th day of delinquency the Member will be removed from The Hub’ system and their membership will be marked as “Cancelled”. Any Member achieving “Cancelled” status will be required to undergo the application process, including payment of the then-current initiation fee, in order to be considered for Membership. 

    5. Insufficient Funds: Due to the additional administration We incur, You will pay a fee for any returned or declined payments due to insufficient funds. This fee will differ by bank and is listed in the House Rules.

    6. Standard services: Monthly fees, plus applicable taxes, and any recurring services requested by You are payable monthly in advance. Membership fees are subject to increase from time to time, at the discretion of The Hub. The Hub 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.

    7. Pay-as-you-use and Additional Variable Services: Fees for pay-as-you-use services, plus applicable taxes, are payable monthly in arrears at our standard rates which may change from time to time and are available on request.

    8. Discounts, Promotions and Offers: If You benefited from a special discount, promotional offer, We will discontinue that discount, promotion or offer without notice if You materially breach Your agreement. The Hub has the right to offer occasional promotions on Membership packages, as The Hub may determine in its sole discretion. Such promotions are for non-members only and existing Members are not eligible to receive such promotional offers.