Membership Agreement

Billing:
Membership is month-to-month and must be paid via auto debit.  All memberships auto renew on the first of the month.

If you are not joining on the first of the month your first month’s membership will be prorated.

Should the collection of your payment be declined or not received by your billing date, you will have 15 days from the due date to reconcile the payment. If payment is not reconciled within that time frame, the payment is subject to an additional penalty fee of 15%.

Any discrepancies must be brought to our attention within 90 days.

Cancellation:
The ELLE does not require members to sign an annual contract, as many office spaces do. However, advanced notification of cancellation is required. Once we receive your cancellation form, your membership will be set to end the last day of the following month; thus you will be charged for one additional billing cycle. Your final month of membership will NOT be prorated.

Terms of Use:
A copy of the building rules and regulations are available upon request. Member understands the occupancy of the premises is subject to this agreement. Member will comply with all rules, regulations and requirements of the building in which the premises are located and with reasonable rules and regulations established by The ELLE and related to the premises and members use thereof. The ELLE will have no responsibility to Member for violation of any agreement provision or rules and regulations by any other Member of The ELLE.

Assignment and Subletting:
This Membership and the privileges it provides cannot be assigned without the prior written consent of The ELLE. Member may not permit use of the premises by any person without prior written consent of The ELLE, which consent shall not be unreasonably withheld.

Use of Services and The ELLE Rules:
Member shall use the premises for general office purpose and for no other purpose without the prior written consent of The ELLE. Member agrees that it is the intent of The ELLE to provide a collaborative space for our members. Should conflicts arise, we will provide an opportunity for Members to improve, however, The ELLE reserves the right to terminate any Membership.

Premises:
Member shall use and maintain the Premises in a clean, careful, and safe manner and to comply with all applicable laws, ordinances, orders, rules, and regulations of all governmental bodies (state, federal and municipal). Member will not deface or injure the Premises or any part thereof or overload the floors of the Premises.

The ELLE Rules – Member Must:

  • Be respectful of others and treat others as they would want to be treated.

  • Clean up after self and guests – especially in kitchen area.

  • Take phone calls and conversations to a meeting room, private office, or other designated area.

Member will NOT engage in:

  • Adding members to Facebook groups without their explicit permission;

  • Contests, pyramid schemes, chain letters, junk email, spamming or similar behavior;

  • Defaming, abusing, harassing, threatening or otherwise violating the legal rights (such as privacy and publicity) of others;

  • Posting, distributing or disseminating inappropriate, profane, defamatory, obscene indecent, unlawful information;

  • Uploading, reproducing, using, performing or otherwise making available images, software or other material or information which infringes on another’s rights or is protected by intellectual property laws where Tenant doesn’t own or license such rights;

  • Uploading or using files that contain viruses, corrupted files or any similar software or programs that may damage Landlord or another Tenants’ computers or property;

  • Restricting or inhibiting another Tenant or guest from using and enjoying services;

  • Harvesting or otherwise collecting information about others, including email addresses, without the authorization or consent of the disclosing party;

  • Violating any applicable laws or regulations or creating a false identity for the purpose of misleading others.

Photo Release. You agree that The ELLE may take photographs and video throughout the space, and may stream or record the space through other means, at any time.  You agree that The ELLE may use your image or likeness if captured at the space for any purpose and without restriction, in any form or media, and whether or not altered without any further or additional consideration, payment, or consent by you.

Confidentiality:
Through your Membership, you may be exposed to confidential information (such as business information, trade secrets, technology, customers and prospects), either by The ELLE or other ELLE Members that is confidential or proprietary in nature. You agree to keep confidential and not disclose or use confidential information. You agree that it remains the exclusive property of who disclosed it and you do not acquire any rights to such confidential information.

Participation in Services:
You acknowledge that you are participating in or using the Services at your own free will and decision. You acknowledge that The ELLE does not have any liability with respect to your access, participation in, use of the Services, or any loss of information resulting from such participation or use.

Disclaimer of Warranties:
To the maximum extent permitted by applicable law, The ELLE provides the services “as is” and with all faults, and hereby disclaim with respect to the services all warranties and conditions, whether express, implied or statutory, including, but not limited to, any (if any) warranties, duties or conditions of or related to: merchantability, fitness for a particular purpose, lack of viruses, accuracy or completeness of responses, results, workmanlike effort and lack of negligence. Also, there is no warranty, duty or condition of title, quiet enjoyment, quiet possession, correspondence to description or non-infringement. The entire risk, as to the quality arising out of participation in or the use of the services, remains with you.

Exclusion of Incidental, Consequential and Certain Other Damages:
To the maximum extent permitted by applicable law, in no event shall The ELLE or its subsidiaries (whether or not wholly-owned), affiliates, divisions, and their past, present and future officers, agents, shareholders, members, representatives, employees, successors and assigns, jointly or individually be liable for any direct, special, incidental, indirect, punitive, consequential or other damages whatsoever (including, but not limited to, damages for: loss of profits, loss of confidential or other information, business interruption, personal injury, loss of privacy, failure to meet any duty (including of good faith or of reasonable care), negligence, and any other pecuniary or other loss whatsoever) arising out of or in any way related to the participation in or inability to participate in or use of the services, the provision of or failure to provide services, or otherwise under or in connection with any provision of this agreement, even in the event of the fault, tort (including negligence), strict liability, breach of contract or breach of warranty of The ELLE, and even if The ELLE has been advised of the possibility of such damages. Because some states/jurisdictions do not allow the exclusion or limitation of liability, for consequential or incidental damages, the above limitation may not apply to you.

Limitation of Liability and Remedies:
Notwithstanding any damages that you might incur for any reason whatsoever (including, without limitation, all damages referenced above and all direct or general damages), the entire liability of The ELLE or its subsidiaries (whether or not wholly-owned), affiliates, divisions, and their past, present and future officers, agents, shareholders, members, representatives, employees, successors and assigns under any provision of this Terms of Use and your exclusive remedy for all of the foregoing shall be limited to actual damages incurred by you based on reasonable reliance up to ten dollars (USD $10.00). The foregoing limitations, exclusions and disclaimers shall apply to the maximum extent permitted by applicable law, even if any remedy fails its essential purpose.

Termination:
The ELLE reserves the right to terminate any Service at any time. The ELLE further reserves the right to terminate your participation in and use of any Services, immediately and without notice, if you fail to comply with the terms of use.

Indemnification:
You release, and hereby agree to indemnify, defend and save harmless The ELLE and The ELLE’s subsidiaries (whether or not wholly-owned), affiliates, divisions, and their past, present and future officers, agents, shareholders, members, representatives, employees, successors and assigns, jointly and individually, from and against all claims, liabilities, losses, damages, costs, expenses, judgments, fines and penalties based upon or arising out of your negligent actions, errors and omissions, willful misconduct and fraud in connection with the participation in or use of the Services. You further agree in the event that you bring a claim or lawsuit in violation of this agreement, you shall be liable for any attorneys’ fees and costs incurred by The ELLE or its respective officers and agents in connection with the defense of such claim or lawsuit.

Severability:
In the event that any provision or portion of this agreement is determined to be invalid, illegal or unenforceable for any reason, in whole or in part, the remaining provisions of this terms of use shall be unaffected thereby and shall remain in full force and effect to the fullest extent permitted by applicable law.

Insurance:
The ELLE will carry Liability and Business Personal Property insurance. As a user, it is strongly suggested that you carry a Renters Insurance policy to cover your own equipment while using our space. That policy should cover you, your employees, and the premises of The ELLE.

Use of Address

(Applies only to Onyx Access)
Subject to Member/The ELLE Mail Agreement, Member is hereby authorized to use the address of The ELLE as Member’s business address. Member will be provided with a designated Suite # that can be referenced for all mail deliveries. In the event that this membership terminates or any or all charges are not kept current, The ELLE may terminate member’s right to use the address. The ELLE agrees that for a period of 30 days after notification to member or termination of this agreement The ELLE will, at no charge to tenant, either (a) hold member’s mail at the premises or (b) return all mail to sender. The ELLE further agrees to hold all such mail beyond the 30 day period for such period as member elects, provided that members pays to The ELLE a service fee of $75 per month. The ELLE permits member’s use of address in advertising.

By becoming a member of The ELLE and making payments to The ELLE I hereby acknowledge that I have read and understood all of the terms and conditions contained in this Membership Agreement, and further agree to be bound to the Terms of Use regarding my participation in and use of the Services.