TERMS AND CONDITIONS OF USE
Company: The Healing Society LLC
Premises: 217 West Maplewood Lane, Suite 220, Nashville, TN 37207
User: You, the purchaser of a Company membership or workspace time (also referred to as “user”)
BY ACCESSING THE PREMISES AND/OR PURCHASING A COMPANY MEMBERSHIP, YOU AGREE TO THE FOLLOWING:
Services Provided. Company will provide user with the non-exclusive right to access the Premises, including community workspace, Internet access, office equipment, community resources, and available parking, and user will also have access to private spaces located on the Premises (subject to the terms below) (all referred to as a “membership” or the “Services”). Company will provide regular maintenance on the Premises, but user will be fully financially responsible – and will indemnify and hold Company harmless for -- any damage incurred by user beyond normal wear and tear, whether done intentionally, by user’s negligence, or by any guest of user.
Private Spaces. Private spaces – such as private offices, meeting rooms, and the yoga studio – are available upon request or reservation. Reservations must include necessary preparation, setup, and breakdown time and are subject to availability and additional fees.
user Portal. Company makes a portal available to all users (the "Portal"). If user chooses to use the Portal and disclose personally identifiable information, user is aware that such information could be read, collected, or used by other users and, if user chooses, such information may be made available to the public via Company’s website. user is and will remain solely responsible for the content user posts in the Portal and any available forums. The use of any content posted or transmitted by others in the Portal is at user’s own risk. user is prohibited from using the Portal in any way that violates applicable state, federal, or international laws, regulations, or other government requirements. user is also prohibited from:
• Sharing user’s username and/or password with any other user or any third-party;
• Crossing appropriate boundaries – either with Company or with other users or users of the Portal – ( appropriateness will be determined in Company’s sole discretion) including, but not limited to, spamming, or using aggressive or harassing sales tactics;
• Permitting unauthorized access to the Portal;
• Posting or transmitting material through the Portal that violates or infringes in any way on the rights of any other person or business;
• Posting or transmitting material through the Portal that impersonates another or is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane, pornographic, lewd, filthy, excessively violent, harassing, racist, or otherwise objectionable;
• Posting or transmitting material through the Portal that encourages conduct that would constitute a criminal offense, give rise to civil liability, could cause harm or injury, or otherwise violate any applicable local, state, national, or international law or regulation;
• Posting or transmitting material through the Portal that includes private, personal information that does not belong to user;
• Posting or transmitting material through the Portal where the licensed use of that material by Company would result in Company having any obligation or liability to any party; or
• Posting or transmitting material through the Portal that could be used to facilitate mail abuse or unsolicited email of any type (spam).
Company reserves the right to refuse service, terminate membership, revoke access, or otherwise take action against user for violation of this Section or any terms of this Agreement.
Relationship of the Parties. Company grants user access to the Premises pursuant to the terms of this Agreement. This Agreement is not a lease, Company is not a landlord or property owner, and this Agreement does not create any type of leasehold, tenancy interest, or other property interest. Company is an independent contractor, and NOT AN AGENT OR EMPLOYEE OF user, and user is prohibited from stating or creating the impression among user’s clientele that Company is user’s employer, partner, agent, or otherwise involved in user’s business beyond providing the Services to user. This Agreement does not create a partnership, employment, fiduciary, joint venture, or other type of relationship other than what is specifically stated, and neither party will misrepresent the relationship established by this Agreement.
Professional Licensure; Compliance with Applicable Law. user must keep all applicable licenses and permits current, up-to-date, and displayed during user’s membership with Company (only as applicable to user and user’s services). user assumes all knowledge of applicable laws, rules, and regulations applicable to user’s membership, profession, and use of the Premises and/or Portal, and is responsible for compliance with all such laws, rules, and regulations.
Membership Payment. User will pay the applicable Fee via automated payment, the amount of which was stated when user first applied for membership and/or updated by Company. There will be a one-time registration fee assessed to user in the amount of $49.00 for plans that include rental of private spaces. Payment invoices will be available to user in user’s online portal. If payments attempted via user’s credit card fail on two or more occasions, Company may require that subsequent payments be made via ACH withdrawal. If invoices are unpaid for 14 days, membership (including access to the Premises and any reservations for private space made by user) will be suspended until the balance is paid in full. Company will notify the user of any payment default. membership suspension does not alleviate the responsibility of the user to make required payments throughout the duration of the Term. The Company may pursue all remedies as are allowed by applicable law. The Services are not pro-rated based on use and unused time or days allotted for access to the Premises do not roll over. The Membership Fee will be due regardless of whether user is physically present on the Premises during any particular membership Period.
Term and Termination of Membership. This Agreement is effective on the day user signs up (the “Effective Date”) and will continue for the duration of user’s purchased membership or until termination of this Agreement, whichever is earlier. user may terminate membership at the end of the applicable membership term (52 weeks for 12-Month membership plans and 26 weeks for 6-Month membership plans) provided the user pays the Company all membership Fees and other charges due through the date of termination. If no action is made to terminate membership, the plan will automatically convert to continuing week-to-week terms at the then-current plan rate, until the user or Company chooses to terminate. Company may terminate this membership Agreement without cause by giving user twenty-eight (28) days prior written notice of termination. Company may terminate this Agreement for cause, in which case no prior written notice is required. Upon termination of the Agreement for whatever cause, user covenants and agrees promptly and peacefully to vacate the Premises and surrender all equipment and furnishings in the same condition as and when received, except for reasonable wear and tear, back to the Company. If user chooses to continue membership at the end of user’s applicable membership period, all terms of this Agreement will apply. user must remove all property belonging to user and/or user’s guests upon termination or expiration of user’s membership. If user does not do so within thirty (30) days of the end of user’s membership, Company may retain or dispose of such property in any way that Company deems fit.
Membership Fee Increase. The Company will give 28-day notice to the user of any change in the membership Fee structure. Company agrees that no payment increase shall occur during the initial Term. Any increase will apply to future term(s).
Rules & Regulations. user must comply with all written Rules & Regulations (Exhibit A), which shall be considered part of this Agreement. Company may make reasonable policy changes that apply to all users and supplement the rules and regulations for the building, delivered in writing or via email to user. All policies and supplements to the rules and regulations shall be effective immediately and shall constitute a part of this Agreement.
Changing Membership Type. There are occasions when a user may desire to change plans, offices or change or add days of the week to their plan. If Company, at its sole discretion, consents to such a change, there will be a one-time change fee assessed to user in the amount of $49.00. This charge covers the necessary paperwork and required administrative changes. Other charges will be made by mutual agreement between the user and Company.
Building Access. Bookings are permitted seven days a week, 5:00 AM to 10:00 PM. Private bookings for the lounge are generally permitted Monday through Friday, 6:00 PM to 10:00 PM, and Saturday through Sunday, 5:00 AM to 10:00 PM. user will be provided a digital key that allows that user to enter the building via the user’s mobile phone. The Company has no duty or obligations regarding security on the Premises other than to make necessary repairs to security devices as provided. user acknowledges that Company has made no representations, agreements, promises, or warranties regarding security at the Premises.
Property & Casualty Insurance. Insurance carried by Company is for the building’s furniture and fixtures and will not cover losses of user’s personal property. Company is not responsible to user for insurance coverage and Company is not liable for losses of user’s business or personal property or properties of customers or guests. user must secure insurance to protect against user’s personal losses and any potential risk of professional damage or injury caused by user (whether negligent or otherwise), including professional liability insurance.
DISCLAIMER. user acknowledges that Company has not promised, and will not be obligated to, perform any services not specifically included in the membership. The membership and any information or service provided through the Portal are provided on an "as is" and "as available" basis. RESULTS VARY. COMPANY DOES NOT GUARANTEE ANY SPECIFIC RESULTS FROM THE MEMBERSHIP OR FROM ANY OF COMPANY’S PRODUCTS OR SERVICES. COMPANY MAKES NO WARRANTY THAT 1) THE MEMBERSHIP OR PREMISES WILL MEET user’S REQUIREMENTS, 2) THE MEMBERSHIP, PORTAL, AND ANY INFORMATION OR SERVICE PROVIDED BY COMPANY, WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, 3) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER OFFERINGS OBTAINED THROUGH USER’S MEMBERSHIP WILL MEET USER’S EXPECTATIONS, OR 4) ANY ERRORS IN SOFTWARE UTILIZED BY COMPANY WILL BE CORRECTED.
LIMITATION OF LIABILITY. UNDER NO CIRCUMSTANCES WILL COMPANY BE LIABLE OR RESPONSIBLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL (INCLUDING DAMAGES FROM LOSS OF BUSINESS, LOST PROFITS, LITIGATION, OR THE LIKE), SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN ANY WAY RELATING TO THE MEMBERSHIP, PREMISES, OR PORTAL, OR USER’S USE OF THE MEMBERSHIP, PREMISES, OR PORTAL, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. USER’S SOLE REMEDY FOR DISSATISFACTION WITH THE MEMBERSHIP, PREMISES, OR PORTAL IS TO TERMINATE USER’S MEMBERSHIP. Company will not be held liable for any effect on user's business for enforcing the terms of this Agreement and/or the attached Rules and Regulations. If, regardless of the limitation of liability described in this Section, liability is imposed upon Company, Company’s liability will not exceed the membership Fee paid by user to Company as of the date the applicable claim or issue arose. user may have additional rights under certain laws (including consumer laws) which do not allow the exclusion of implied warranties or the exclusion or limitation of certain damages. If these laws apply to user, the exclusions or limitations in this Agreement that directly conflict with such laws may not apply to user. Under no circumstances will Company be held liable for any type of claim whatsoever by user or any third party for any services that user provides on the Premises.
Responsibility for Losses. By purchasing a membership and entering into this Agreement, user acknowledges that the Premises constitutes participation in a group office environment and assumes all risk in connection with doing so. It is user’s sole and exclusive responsibility to safeguard property and confidential information that may be at risk in a group office environment. The Company shall have no liability to user or user’s guests for losses due to theft, burglary, misappropriation, or any type of damage (whether done by unauthorized persons in the building or otherwise), and neither shall the Company be required to insure itself or user against such losses. Company and Company’s representatives shall not be responsible for losses due to theft, burglary, or negligence of the Company whether such negligence is the sole or concurrent cause of a loss or damages, injuries, or deaths to person or property of user, user’s customers, or guests. Company shall not be liable for personal injury or other bodily harm to any user and/or user’s guests.
Indemnification. user will indemnify and hold Company and its parents, subsidiaries, affiliates, users, officers, directors, employees, agents, representatives, and service providers harmless from any claim, demand, liability, loss, damages, or cause of action, including attorneys’ fees and costs, due to or arising out of a) user’s breach of this Agreement, b) user’s participation as a user, c) any behavior, actions, negligence, damage, or other conduct by any guest of user on the Premises, or d) any products or services offered, sold, or performed by user on the premises or resulting from user’s status as a user. user will cooperate as fully as reasonably required in the defense of any claim or demand based on any of the above. Company reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by user, and user will not, in any event, settle any such matter without Company’s written consent.
Right of Inspection. The Company and Company’s agents shall have the right at all reasonable times during the term of this membership Agreement to enter any part of the Premises for inspection and repair.
Notices. All notices by users shall be in writing and delivered to Company via the online user portal. All notices by Company to user shall be delivered to the user’s email address.
Legal Costs. User agrees to pay all costs and expenses, including reasonable attorneys’ fees incurred by Company as a result of any breach by user of this membership Agreement.
General. This membership Agreement and the Rules and Regulations and policy changes herein reference constitute the entire agreement of the parties and supersede any prior or contemporaneous messages, discussions, or agreements related to the subject matter of this Agreement. This membership Agreement is binding upon the parties hereto and their respective heirs, successors, and assigns. If any section or sentence of this Agreement is determined by a proper court to be invalid, illegal, or unenforceable, that determination will not affect any other section or sentence of this Agreement, all of which will remain intact and enforceable.
Rules & Regulations
Exhibit A
The Healing Society provides a place for healers to work and support each other, and one of the best ways we support each other is by taking care of the space we all enjoy using. Anyone who fails to do so could risk usage or membership termination.
Cleanliness. users are responsible for the cleanliness of any space they use, leaving them in a fresh state for whoever comes in next. Please deposit all trash in waste receptacles, push in chairs, straighten pillows, and put away games and books. When exiting an office, turn off all lights and electronics, take your belongings, and leave the door open.
Lounge Usage. The lounge is to be used for coworking, collaborating, meetings, and relationship building. Sessions with clients are only permitted in private offices so as to not disturb others. You are responsible for preserving confidentiality in any applicable sessions. For group sessions, events, and workshops, the lounge and yoga studio can be rented (subject to availability and fees).
Punctuality. There is no lag time scheduled between bookings. To avoid negatively affecting the person using the space after you, it is of the utmost importance that you tidy the space and remove yourself promptly when your time slot is up. All “preparation” and “tear down” time should be considered when reserving your booking.
Food & Drink. All drinks must have lids throughout the premises. Eating is permitted in the designated dining area of the kitchen. No food is allowed in the lounge, offices, or yoga studio without prior Company approval. If the provided dishes and silverware are used, they must be washed and put in the drying rack to be available for others. Clean up after meals, discard trash, and wipe up messes. Remove personal items from the refrigerator by the end of each week.
Guests. It is the user’s responsibility to see that any guests they bring into the space understand the rules. User will be held responsible for any infringement of these rules by that user’s guest. If guests are using the space on their own, other than waiting for a service, they require their own membership.
Blockages. All community areas including driveways, parking areas, sidewalks, entrances, corridors, halls, and doorways shall be kept unobstructed at all times. Users shall not place trash or other personal items within these areas.
Sales & Solicitation. Limited retail sales of personal care and wellness goods may be made by users to their clientele. No other sales of any type are permitted without Company approval. Soliciting is prohibited except by approval of the Company.
Personalization. Users shall not make any changes or alternations to any portion of the space. No signs, posters, advertisements, or notices shall be painted on or affixed to any walls, windows, or doors.
Children. Children under thirteen (13) are only permitted if they are coming to receive a service in a private office and must be under adult supervision at all times. This includes corridors, common areas, restrooms, and all waiting areas.
Noise. The noise level of users and their guests within the space shall be controlled so as not to intrude on other users’ work or offices. Each room is equipped with white noise to aid in privacy and soundproofing. If, while in any community area, you are playing music, listening to a call, or playing sound from any device, headphones must be worn. Sound healing services and events are only permitted with advanced written permission by Company.
Fire Hazards, Smoking & Odors. Any open flames, including candles, are a fire hazard and strictly prohibited throughout the entire premises. The Healing Society is a non-smoking facility. No user shall cause any unusual or offensive odors to permeate the space.
Professionalism. Users will conduct their business professionally to interact positively with the other individuals working in the facility and their clientele. The Healing Society is not to be used for sleeping or lodging.
Animals. No pets of any nature are allowed within the building except therapy and licensed service animals. No exceptions.
Enforcement. Failure to abide by these Rules and Regulations may result in termination of usage at the Company’s discretion. Automated membership payments will remain in place until the balance of the membership contract is fulfilled.
Changes. The Company reserves the right to rescind any of these rules and make such other rules and regulations as in their judgment from time to time as needed for the operation of the building. Changes to the above rules shall become effective upon posting such rules within the Premises and/or delivery of changes to each user.
I have received, reviewed, and agree to abide by The Healing Society’s User Agreement and Rules and Regulations.