Signing up for a membership will require you to agree to the terms below. By checking the box that reads I agree to the Terms of Membership, you agree to these terms.
This is a legal contract between Izell Marketing Group, LLC, d/b/a Workhorse (“Workhorse”), located at 400 E. Main St., Suite 215, Chattanooga, TN 37408, and you (“Member” or “you”), effective as of the date you sign up for membership (“Effective Date”).
Please read it carefully; by clicking “I agree to the Terms of Membership” and submitting payment, you agree to all of these contract terms.
Workhorse may add, delete, or change the terms of this Agreement from time to time, including membership plan fees. We will notify you of such changes by email, and/or by posting a notice of a change on our website. You are free to terminate this Agreement if you do not agree to the new terms, as outlined below. Use of the Services after the effective date of the change will constitute your acceptance of any changes.
Standard Membership Plans and Pricing, Termination
- 1 day pass: $15
- 4 days per month: $57
- 5 days per month: $70
- 6 days per month: $82.50
- 7 days per month: $94.50
- 8 days per month: $106
- 9 days per month: $117
- 10 days per month: $127.50
- 11 days per month: $137.50
- 12 days per month: $147
- 13 days per month: $156
- 14 days per month: $164.50
- 15 days per month: $172.50
- 16 days per month: $180
- 17 days per month: $187
- 18 days per month: $193.50
- 19 days per month: $199.50
- 20 days per month: $205
These fees are accurate as of today’s date but may change and other membership levels may be announced from time to time. You will be given advance notice of any changes in membership plan fees or Services.
You agree to pay Workhorse the fees for your chosen membership plan in person or by using an online payment portal every month. For example, if you join on January 11, your payment is due on the 11th of every month, and you may use your days between January 11 and February 10.
If you set up recurring payments, you agree that Workhorse may automatically charge your credit card or other payment method for your membership plan fees every month, and that you will keep a valid credit card or other payment method on file and update it if your payment information changes.
If you wish to change or terminate your membership, your membership will be terminated effective immediately. You may terminate this Agreement and your membership at any time and for any reason.
Workhorse may terminate this Agreement and your membership for breach of any of the terms in this Agreement or any other rules Workhorse may post or distribute from time to time (which are expressly incorporated into this Agreement), in Workhorse’s sole discretion.
If you or Workhorse terminate this Agreement in the middle of a monthly billing cycle, Workhorse will refund you for any unused Services, but in no event will you be entitled to a refund of any portion of membership fees for Services already used.
Services Provided to Members
After payment in full of current membership plan fees, Members may:
- Use the space during working hours only (8am to 6pm, Monday through Friday)
- Sit at any available spot in the space, on a first-come, first-served basis
- Use our printer/copier/scanner (but only a reasonable amount of printed or copied pages, about 50 sheets each month; scanning is unlimited as long as others can also use the scanner)
- Use our conference room:
- Multi-day members may reserve the conference room ahead of time in half-hour increments, up to the maximum number of hours per month for your membership level
- All members may use the conference room for no longer than one hour at a time if it’s available
- Use the communal areas, bathrooms and kitchen
- Use the communal WiFi
- Invite clients, collaborators, or other guests into the space for small meetings in the conference room or communal area as long as they’re not loud and the space isn’t full
- Bring your well-behaved dog to the space; Workhorse reserves the right to request you remove your dog if they’re being loud or disruptive, or aggressive towards any dogs or people
This Membership Agreement does not create a tenancy but a prepaid usage license to use the provided amenities on a monthly or daily basis.
A limited number of Unlimited+Desk Memberships are available as a monthly subscription.
In addition to the above Services provided to all members, after payment in full of current membership plan fees, Unlimited+Desk Members will receive the following Services:
- 24/7 access to the space
- Reserved desk
Unlimited+Desk Members may use the following mailing address for business-related mail:[YOUR BUSINESS NAME]
400 E Main St, Suite 215
Chattanooga, TN 37408
Rules for Use of Space
You agree you will not:
- Use the Services for any purpose that is unlawful or prohibited by this Agreement or any other rules Workhorse may post or distribute from time to time
- Use the Services in any manner that could damage, disable, overburden, or impair any of Workhorse’s services, or interfere with any other person’s use and enjoyment of any Services (basically, don’t be a jerk)
- Allow access to any individual that is neither a member of Workhorse nor your client/collaborator/guest (for meetings only). There is no waiting room for guests who are not actively engaged in a meeting. If your partner, employee, or contractor wishes to work at Workhorse (not merely attend a short meeting), he or she must obtain his or her own membership
- Allow access to any individual under the age of 13 without prior approval from Workhorse management, which will be granted in Workhorse’s sole discretion
- Promote or sell any products or services to Workhorse’s membership unless first initiated by an interested party
- Use any material or information, including images or photographs, made available through the Services in any manner that infringes any copyright, trademark, patent, trade secret, or other proprietary right of any party
- Harvest or otherwise collect information about other members or guests, including e-mail addresses, without the authorization or consent of the disclosing party
- Violate any applicable laws or regulations while at Workhorse
- Download or view files that you know or should know are illegal or that violate a third party’s rights, or that slow down the WiFi for other members; view pornography or other content that is inappropriate in a professional group setting
You also agree:
- To keep the space tidy; we’ll take care of cleaning but you and your guests must tidy up after yourselves (throw away trash, wipe up spills, etc.) at your workspace and in the kitchen and bathrooms
- If your membership includes a reserved desk, you are responsible for tidying up your own desk (though we’ll vacuum under/around your desk)
- You are responsible for the security of your own belongings; since this is a communal space, we can’t guarantee your belongings won’t be stolen or damaged if left unattended
- Workhorse is not responsible for your belongings, food, or beverages left in the kitchen, refrigerator, or at any workspace or conference room
You acknowledge and agree that during your participation in and use of the Services you may be exposed to confidential information. “Confidential information” shall mean all information, in whole or in part, relating to Workhorse or its members that would reasonably be considered to be confidential, private or proprietary to Workhorse or Workhorse members and that is not generally known to the public, and where the release of that Confidential Information could reasonably be expected to cause harm to Workhorse or its members, or would give a competitor a market advantage. Confidential information also includes, without limitation, information about business, sales, operations, know-how, trade secrets, business affairs, any knowledge gained through examination or observation of or access to the facilities, computer systems and/or books and records of Workhorse or its members, any analyses, compilations, studies or other documents prepared by Workhorse or its members, or otherwise derived in any manner from the Confidential Information that you are obliged to keep confidential or know or has reason to know should be treated as confidential.
All Confidential Information remains the sole and exclusive property of Workhorse or the respective disclosing party. You acknowledge and agree that nothing in this Agreement or your participation or use of the Services will be construed as granting any rights to you, by license or otherwise, in or to any Confidential Information or any patent, copyright or other intellectual property proprietary rights of Workhorse or any member or user of the Services.
Disclaimer of Warranties
To the maximum extent permitted by the applicable law, Workhorse provides the Services “as is” and with all faults, and hereby disclaims with respect to the services all warranties and conditions, whether express, implied or statutory, including but not limited to: merchantability, fitness for a particular purpose, 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, or arising out of participation in or the use of the Services, remains with you.
Release and Exclusion of Incidental, Consequential and Certain Other Damages
You release, waive, discharge and covenant not to sue Workhorse or its parent companies, subsidiaries (whether or not wholly-owned), affiliates, divisions, and their past, present and future officers, agents, shareholders, members, representatives, employees, successors and assigns, Kate Izell, Kelly Izell, jointly and individually, (“Releasees”) from any and all liability, for any and all claims, causes of action, obligations, lawsuits, charges, complaints, controversies, damages, costs or expenses of any kind, whether direct or indirect, in law or in equity, whether known or unknown, arising out of or connected with your participation in the Services.
To the maximum extent permitted by the applicable law, in no event shall Releasees, jointly and individually, be liable for any direct, special, incidental, indirect, punitive, consequential or other damages whatsoever, including, but not limited to damages for: theft of or damage to personal property, injury or illness from food or drink consumed at Workhorse, 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 Workhorse, and even if Workhorse has been advised of the possibility of such damages.
You agree to indemnify, defend and hold harmless Releasees, from and against all claims, liabilities, losses, damages, costs, expenses, judgments, fines and penalties, including attorney’s fees and costs, based upon or arising out of your actions, negligence, errors and omissions, willful misconduct and fraud in connection with the participation in or use of the Services.
Workhorse carries its own insurance for the space. Workhorse’s insurance policy does not cover your own equipment while using our space, or injuries or damage you cause to yourself, other members, clients, guests or their property (your liability). As a regular member, you are not required, but it is strongly suggested that you carry an insurance policy to cover your own equipment and your liability to others while using our space. Unlimited+Desk members must maintain a commercial general liability insurance policy with minimum coverage limits of $1,000,000 naming Izell Marketing Group as an additional insured and provide proof of this coverage before beginning their membership; if this coverage is cancelled, Workhorse has the right to cancel the membership.
The terms of this Agreement and the rights, obligations and performance of the parties hereunder shall be governed by the laws of the State of Tennessee, without regard to conflict of laws principles. You agree to submit to the jurisdiction and venue of the state and federal courts in or nearest to Hamilton County, Tennessee, and waive any defense of lack of personal jurisdiction or forum non conveniens. 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 Agreement shall remain in full force and effect to the fullest extent permitted by applicable law. The prevailing party in any dispute between the parties arising out of or connected to this Agreement, whether resolved by negotiation, mediation, arbitration, or litigation, shall be entitled to recover its attorneys’ fees and costs from the other party. You agree that the terms of this Agreement are the entire agreement between you and Workhorse supersede all prior communications of any kind between you and Workhorse with respect to your membership and any guidelines, rules or policies incorporated in this Agreement.
By checking the “I agree to the Terms of Membership” checkbox in our signup form, you assert that you have read, understood and agreed to this entire Agreement.