Membership Agreement

INTRODUCTION

The services under this Membership Agreement (for the “Agreement”) will include, but will not be limited to, access to workspace, internet, meeting spaces, conference spaces, knowledge resources, and other services (collectively, the “Services”); and will be provided to you by Trendytripping, hereinafter referred to as “Trendytripping”, and also ‘us’, ‘its’, ‘ours’ and/or ‘we’, as used herein refer to Trendytripping and/or its affiliates, assignees, successors, and/or brands. We offer daily and monthly curated networking membership and affordable meet up spaces for you to MEET, CONNECT, and CREATE with other professionals of similar mindsets and lifestyles.

As used herein, the Agreement ‘you’, ‘your’, and/or ‘yourself’ refer to you, a user/visitor/member of our Services. Neither your membership nor the Services will create tenancy rights, but only a prepaid usage authorization to use our Service provided amenities on a monthly or daily basis. This Agreement will be supplemented by our Privacy Policy (the “Policy”) and any and all other ancillary guidelines, rules, and policies made available by us from time to time, all incorporated herein by reference.

ACCEPTANCE

By accepting our terms, you hereby acknowledge and agree to be bound by and under this Agreement which will govern TrendyTripping’s relationship with you in relation to our Services. You will be deemed to have accepted this Agreement when activating your membership, paying for it, clicking the “I accept” button on our website, when executing a written version of this Agreement with us, or through other means offered by us from time to time. You must follow our usage rules at all times. Failure to follow them may result in non-renewal or termination of your membership.

INVOICING AND PAYMENT

As a member, you will automatically be billed each month in advance, based upon your selected membership option (e.g. one month, six months and twelve months). First payment will be charged the day you sign in for your membership, and next charges will be done beginning each subsequent period, at the date specified in the invoice. Payment for daily usage is either paid on the day of use unless other special options have been agreed with us.

RENEWAL, TERMINATION

Your membership will continue in force until terminated by either party. Your membership will automatically be renewed at the end of each period, unless terminated earlier by either party. You may terminate this Agreement by giving us a written notice via email or through our websites, at least fifteen days in advance of the next billing period renewal date. If you do not inform us of the termination in time, you might be charged for the next monthly period. Daily memberships and other special packages will automatically terminate at the end of the then-indicated period. You must pay for the period already started (if started prior to your notice) regardless of whether you have showed up or used the services. Termination shall be in effect as of the end of that calendar month.

We hereby reserve the right to terminate our Services at any time, immediately and without notice, if you fail to comply with this Agreement or even at our convenience; including non-payment or violation of our usage and space rules. If this becomes the case, TrendyTripping will refund you any amounts paid for unused periods that remain after deducting any pending charges, on a prorata basis.

MEMBER USAGE RULES

As a member of our community, you hereby agree to observe and comply with the following usage rules:

  • Promptly notify us of any change to your contact information and, if applicable, to your payment information
  • Acknowledge that we may, for security reasons, regularly use closed video system or other means to monitor our Services, and you hereby agree to grant us full and complete authorization to use any images, sounds, and video of your likeness that may appear in such recordings, for our legitimate business purposes.
  • Comply with any and all other house rules or guidelines which we may communicate to you from time to time. We may add, delete, or amend the rules and regulations at our reasonable discretion and with notice to you via email, our websites, our Services, in our locations or through other means.
  • Conduct yourself in a professional and courteous manner whilst using our Services and visiting our locations and will at all times you will respect the rights of other members and users of our Services.
  • Ensure that any and all electrical appliances that you bring into our locations are tested and adequate to ensure that they are safe to use.
  • Pets are subject to the rules of the particular location.
  • It will be your sole responsibility to arrange appropriate personal injury, property, and general commercial liability insurance covering loss or damage for your person or belongings.

PROHIBITED ACTIVITIES

As a member of our community, you hereby agree to not undertake, motivate, or facilitate the use or access of our Services in order to:

  • Infringe this Agreement, or allow, encourage or facilitate others to do so.
  • Execute, participate or otherwise undertake any conduct or activity that: (i) infringes or endangers the intellectual property rights of any person; (ii) enables any act that could promote or cause discrimination, racism, harm, libel, hatred or violence against any individual or group; (iii) endangers children and underage persons; (iv) is or allows illegal or fraudulent activities to take place; (v) is or may constitute a criminal or capital offense or otherwise infringes any applicable law; and/or (vi) is or can be considered to be obscene, threatening/defamatory or that does anything or permits anything to be done which could, in our reasonable opinion, damage our reputation and/ or goodwill.
  • Prohibit firearms, tobacco, alcohol, pornographic, or analogous material into our locations.
  • Collect, receive, transfer or disseminate any personally identifiable information of any user of member without due consent from the title holder.
  • Attach or affix any items to the walls or make any other alterations to our locations, install antennas, or telecommunication lines or devices or bring additional furniture, in each case without our prior written consent.
  • Represent or hold yourself out as an employee or agent of TrendyTripping or its personnel or agents.
  • Take or copy information belonging to other users and members.
  • Make any copies of any keycards or other means of entry or lend, share or transfer any keycards to any third party.
  • Allow any guest to enter our locations without registering such guest(s) according to our policies.
  • Undertake any action that will or may cause an unreasonable load on Trendytripping’s and/or its partners’ and affiliates’ technology or infrastructure, or otherwise make excessive traffic demands from its systems.

You also acknowledge and accept that any violation of the aforementioned provisions may result in the immediate termination of your access to our locations and our Services, without refund or reimbursement

NO WARRANTY

Neither TrendyTripping, nor its affiliates, subsidiaries, officers, employees, and agents warrantee that the Services will be error-free, uninterrupted, or to produce any particular results. No advice or information given by TrendyTripping or its employees, affiliates, contractors and/or agents shall create a guarantee. We do not control nor are responsible for the actions of our members. If a dispute arises between members or users or guests, we shall have no responsibility or obligation to participate, mediate or indemnify any party.

To the fullest extent permissible under applicable law, the Services are provided to you “as is” and “as available”, without warranty of any kind, and your use is at your sole risk. No oral or written advice provided by TrendyTripping, its affiliates, clients, agents, officers, licensors, distributors and/or any authorized representative, shall create any implied warranty. The entire risk of satisfactory quality and performance resides with you. TrendyTripping, and its affiliates, clients, agents, officers, licensors and/or distributors, do not make, and hereby disclaim, any and all express, implied or statutory warranties, either by statute, common law, custom, usage of trade, course of dealing or otherwise, however arising, including implied warranties of description, quality or fitness for a particular purpose.

DISCLAIMER OF DAMAGES

In no event shall TrendyTripping, its affiliates, clients, agents, officers, licensors, distributors and/or any authorized third party, be held liable for any special, indirect, incidental or consequential damages, including losses, costs or expenses of any kind resulting from participation, access, use or non use of the Services, including but not limited to, loss of revenue, profits, business, or for any indirect, incidental, special, punitive, aggravated, exemplary, or consequential damages whatsoever arising out of or related to the Services, whether arising in tort (including negligence), contract, strict liability or other legal or equitable theory and whether or not TrendyTripping, its affiliates, clients, licensors and/or distributors have been advised of the possibility of such damages.

LIMITATION OF LIABILITY

In no event shall Trendytripping’, or its affiliates’, clients’, licensors’ and/or distributors’ liability for all damages (except as required by applicable law) exceed the amount: (i) the amount paid by you for the Services during the then current membership period preceding the date of the claim; and henceforth any award for direct, provable damages shall not to exceed such total amount.

Legislation of some states does not allow certain limitations of liability, and henceforth this limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction. This limitation of liability shall not be applicable solely to the extent that any specific provision of this limitation of liability is prohibited by any federal, state, or municipal law, which cannot be pre-empted.

INDEMNIFICATION

You agree to indemnify, hold harmless, and defend TrendyTripping, its affiliates, clients, agents, officers, licensors, distributors and/or any authorized representatives, and the officers, directors and employees of each (jointly, the “TrendyTrippingIndemnitees”) from and against any and all third party liabilities, claims, causes of action, suits, losses, damages, fines, judgments, settlements and expenses (including any and all reasonable outside attorneys’ fees and court costs) which may be suffered, made or incurred by any of such TrendyTripping’s Indemnitees arising out of or relating to any breach of any warranties, representations and/or covenants made by you hereunder (to the extent not arising substantially from any breach hereof by TrendyTripping).

GENERALS

Assignment. This Agreement will inure to the benefit of any successors of the parties.
Equitable remedies: You hereby acknowledge and agree that if this Agreement is not specifically enforced, TrendyTripping will be irreparably damaged, and therefore you agree that TrendyTripping shall be entitled, without bond, other security or proof of damages, to appropriate equitable remedies with respect to your breach of any of this Agreement, in addition to any other available remedies.
Eligibility. TrendyTripping does not provide its Services to persons under the age of eighteen (18).
Force Majeure. TrendyTripping shall not liable for any failure of performance on its obligations as set forth herein, where such failure arises from any cause beyond TrendyTripping’ reasonable control, including but not limiting to, electronic, power, mechanic or Internet failure.
Headings. The titles of paragraphs in this Agreement are shown only for ease of reference and will not affect any interpretation therefrom.
Payment processors. From time to time, we may use third-party payment processors in order to bill you for any fees and Services provided. The processing of payments will be subject to the fees, Agreement, conditions and privacy policies of such payment processors. TrendyTripping is not responsible for any and all errors by the payment processors.
No Waiver. Failure by TrendyTripping to enforce any rights hereunder shall not be construed as a waiver of any rights with respect to the subject matter hereof.
No Relationship. You and TrendyTripping are independent contractors, and no agency, partnership, joint venture, employee-employer, or franchiser-franchisee relationship is intended or created by this Agreement.
Non-Disparagement. You shall, during and after the participation in and use of the Services, refrain from making any statements or comments of a defamatory or disparaging nature to any third party regarding TrendyTripping and any of its officers, directors, employees, personnel, agents, policies, services or products, other than to comply with law.
Severability. If any provision of this Agreement is held unenforceable, then such provision will be modified to reflect the parties’ intention. All remaining provisions of this Agreement will remain in full force and effect.
Waiver of Class Actions, Non-Individualized Relief. You acknowledge and accept that claims brought against TrendyTripping shall be only on an individual basis and not as a plaintiff or class member in any possible future class or representative action or similar proceeding. Unless otherwise agreed by you and TrendyTripping, you may not adjoin or consolidate any claim with more than one person; and you may not otherwise supervise or take over any form of a class, representative or consolidated proceeding.
Applicable Law. Your use of the Services and any cause of action, claim and/or dispute that might arise between the parties hereon, shall be subject to the laws of the State of New York, United States of America, without regard to conflict of law principles.
Forum. You agree that any dispute arising from or relating to this Agreement will be heard solely by a court or tribunal of competent jurisdiction in or nearest to the Borough of Brooklyn, City of New York, State of New York, United States of America. If you bring a dispute in a manner other than in accordance with this section, you agree that we may move to have it dismissed, and that you will be responsible for our reasonable attorney’s fees, court costs, and disbursements in doing so. You agree that the unsuccessful party in any dispute arising from or relating to this Agreement will be responsible for the reimbursement of the successful party’s reasonable attorney’s fees, court costs, and disbursements.
Waiver of Jury Trial. The parties herein waive their constitutional and statutory rights to go to court and have a trial in front of a judge or a jury, instead electing that all claims and disputes be resolved by a competent judge.

UPDATES

TrendyTripping reserves the right to modify, amend, suspend, terminate, upgrade, update or otherwise modify the Services, at any time and without notice. Any changes to this Agreement will be notified to you via the Services or by email. Please refer to the last effective date where changes were last undertaken by us. Your use of our Services after the effective date of any update– either by an account registration or simple use – thereby indicates your acceptance thereof.

CONTACT

If you have any questions or queries about us, our Services or this Agreement, please contact us as indicated in our contact page: www.trendytripping.com/contact.

Date of last effective update is April 1, 2017.

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