COMMON HOUSE MEMBERSHIP AGREEMENT

(Chattanooga)

THIS MEMBERSHIP AGREEMENT (hereinafter this “Agreement”) is agreed to by the Member (as hereinafter defined), as of the day on which such Member submits the application (the “Effective Date”) for the purpose of applying for Membership at Common House Chattanooga (the “Facility”).

RECITALS

The Facility is operated by Common House (“CH”) as a private membership social club at 1517 Mitchell Ave, Chattanooga, TN.  Member desires membership at the Facility, and an opportunity to enjoy the certain Membership Privileges (as hereinafter defined), and hereby agrees to become a member on the terms and conditions set forth herein.

For good and valuable consideration, Member covenants and agrees as follows:

  1. MEMBER

For purposes of this Agreement the term “Member” shall mean the person identified as such through the Membership enrollment process on the Facility website, and the term “Membership” shall refer to Member’s membership to the Facility, and the accompanying Membership Privileges as reflected in this Agreement.

2. MEMBERSHIP

Upon payment Membership Dues (as hereinafter defined), Member shall maintain Membership Privileges for a period of one (1) year, active from the later of: (i) the Effective Date, or (ii) the date the Facility opens for business to the Members (the “Initial Term”).  This Agreement and Member’s Membership Privileges shall automatically renew for an additional one (1) year periods, at the end of the Term (each subsequent renewal is hereinafter a “Renewal Term,” and collectively with the Initial Term (the “Term”), unless Member notifies CH in writing of his/her intent not to renew his/her Membership, no less than thirty (30) days prior to the end of the then-current Term.  During each Renewal Term, the Agreement terms and conditions shall continue to apply, except that the Member’s Membership Dues may increase to the current rack rate listed on the Facility website.

Payment of Membership Dues (or any portion thereof) does not give Member any right, interest or ownership in CH.  Membership Privileges are limited to the Member listed in this Agreement and may not be sold, transferred or otherwise assigned in any manner.  CH may revoke a Member’s Membership, at CH’s sole and absolute discretion, if the Member violates the terms of this Agreement, the rules and regulations of the Facility (the “Common Law”), or otherwise causes harm or reputational damage to the Facility’s or CH’s property, reputation or goodwill in the marketplace.  No Membership Dues (or any portion thereof) shall be refunded upon revocation or suspension of the Membership, other than as set forth below.

3. MEMBER PRIVILEGES

For the duration of the Membership Term, Member will receive certain benefits. These benefits are hereinafter collectively referred to as “Member Privileges” and include the following:

  • Facility access

  • Access to any and all Common House locations across the Common House portfolio

  • Access to our third party club reciprocity program

CH reserves the right to modify Member Privileges, at any time, and at CH’s sole discretion.


4.MEMBERSHIP TYPES

CH provides the following Memberships: (1) House Membership; (2) Under 30 Membership; 

(1.) House Membership – A House Membership applies to any applicant aged 30 or above, and provides full access to the Facility and all Membership Privileges.

(2.) Under 30 Membership – An Under 30 Membership applies to any applicant between the ages of 21 – 29.  After the Member’s 30th birthday, Member’s Membership Due shall increase to the House Membership rates, as listed on the website, at their annual renewal date.  An Under 30 Membership provides full access to the Facility and all Membership Privileges.

All members retain full access to the Facility during operating hours, with the exception of certain restrictions associated with private events.  CH reserves the right to designate any space in the Facility as private event space. There will be no reduction in Member rate because of any inconvenience associated with a private event. 

As of the Effective Date, Member is designated for a House Membership for the Initial Term.  Member retains the ability to cancel or select a new Membership type (if eligible and applicable) at the end of the Initial Term, or then-applicable Renewal Term.


5. MEMBERSHIP DUES & PAYMENT OPTIONS. 

Member agrees to pay the then-current amount associated with the Membership type set forth in Section 4 above (the “Membership Dues”), as such Membership Dues may increase on an annual renewal basis in compliance with the rack rates listed on the Facility website (from time to time).  Member may pay such Membership Dues on: (i) an annual basis (and receive the then-applicable prepayment discount on the annual total), or (ii) a  monthly basis due in advance on the 1st of each month . 

Membership Dues may be paid by credit card or ACH.  Monthly installments must be paid in advance by credit card or ACH on file using autopay on the first of each month. If using credit card, an additional 3% convenience fee will be added to the total.

If Member elects monthly installments, Member will provide a credit card on file at all times, and update the card prior to its expiration, or within forty-eight (48) hours of its cancellation.  Member’s credit card information, as of the Effective Date is as follows:

6. PERMITTED USE. 

Member may use the Facilities for general social house, restaurant, fitness/pool, and event use. Member shall not use the Facilities or any other portion of the property: (i) to engage in any unlawful activity, (ii) in a manner that interferes with other Members' quiet use and enjoyment of the Facilities, (iii) in a manner that creates a nuisance, or (iv) in a manner that otherwise physically damages the premises, equipment, furniture or other property contained therein, or otherwise risks damage to the reputation or goodwill of the Facilities, CH or other Members.


7.INDEMNIFICATION; ASSUMPTION OF RISK. 

Member hereby covenants and agrees to fully indemnify, defend, and hold CH and its owners, officers, employees, vendors and other agents, harmless from and against any and all liabilities, claims, actions, lawsuits, demands or damages incident to or arising out of: (i) the acts or omissions of the Member, the Member’s family and the Member’s guests, and (ii) Member’s use of the Facilities or any other Common House facility.  Further, Member covenants and agrees to hold CH and its owners, officers, employees, and other agents, harmless from any and all damages to the Member’s person or property and the person and property of the Member’s family and guests arising out of or related to the use or occupancy of CH facilities of any nature whatsoever.


8. FACILITY WAIVER RELEASE OF LIABILITY & INDEMNIFICATION. 

Please read carefully by agreeing to become a Member of the Facility you waive certain rights including the right to sue.  If you, or your guests choose to use the Facilities (including, but not limited to, the grounds, pool, fitness center, etc.), you agree that you recognize and fully understand certain things, including but not limited to:

  • At no time will there be a lifeguard on duty, you are responsible for the supervision and care of yourself, your family and your guests that use the Facilities including the pool. 

  • That the use of the Facilities involves certain risks including but not limited to accidental drowning, injury from unsupervised divers and swimmers colliding, injury from tripping and falling over obstacles in the pool area, injuries from lifting weights, or using a cardio machine. 

  • You recognize and understand this is not a full or complete or exhaustive list of all possible risks, these are simply examples of types of risks you are assuming. 

Please read carefully by agreeing to become a Member of the Facility, and in exchange for CH allowing me to utilize the Facilities during my Membership, you agree to the conditions below, and fully intend and choose to give up the legal rights, as stated below:

  • To waive any and all claims that I or my guests have or may have in the future against the Released Parties(as hereinafter defined) relating to my use of the Facilities or the surrounding premises;

  • To release the Released Parties from any and all liability for any loss, damage, injury, expense, or other cost that I or my guest may suffer in connection with usage of the Facilities, including negligence on the part of the Released Parties;

  • To hold harmless and indemnify the Released Parties from any and all liability to property, or personal injury to, any third party including any guests I may bring, resulting from the use the Facilities;

  • That you are responsible and will adhere to all the rules of the Facility, as such rules may change from time to time, in CH’s sole discretion;

  • That you are responsible for any guests brought onto the property or into the Facility; and

  • That this Waiver, Release, and Agreement is fully effective and shall be effective and binding upon me.

Member agrees to assume all risks of personal injury, death and/or property damage, and agrees not to sue CH, Common House, Inc., or their officers, directors, employees, agents, or affiliates, successors or assigns REGARDLESS OF THE CAUSE AND WHETHER OR NOT ARISING OUT OF THE ACTS, OMISSIONS, OR NEGLIGENCE OF CH, COMMON HOUSE, INC. OR THEIR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUCCESSORS, OR ASSIGNS.  Furthermore, this release agreement shall be binding upon Member’s heirs, guardians, and legal representatives.

In consideration for the acceptance of my Membership, I, for my heirs, executors, and administrators, release and forever discharge CH, Common House, Inc., and their officers, directors, representatives, employees, agents, affiliates, successors and assigns (hereinafter the “Released Parties”), of and from any and all liabilities, claims, actions, damages, costs, or expenses which I may have against them now or in the future arising out of or in any way connected with (1) my Membership or this Agreement; (2) the use of the Facilities; or (3) the use or operation of any of the equipment and facilities related thereto, including, but not limited to, personal injuries, death and/or property damage which may be suffered by me or others before, during, or after my use or operation of the Facilities, the surrounding premises, and equipment related thereto, AND WHETHER OR NOT ARISING OUT OF THE ACTS, OMISSIONS, OR NEGLIGENCE OF THE RELEASED PARTIES.

9. EARLY TERMINATION OR SUSPENSION OF MEMBERSHIP

Memberships are annual commitments, and are in effect for one year from the Effective Date and are automatically renewed for the upcoming year unless Member notifies the Facility’s Membership Manager, not less than thirty (30) days prior to the anniversary date of their renewal date (as more fully set forth in Section 2).  If Member fails to give the written notice of its intent not to renew, then Member shall remain fully liable pursuant to the Agreement for the Membership Dues associated with the applicable Renewal Term..  Decisions regarding early termination or suspension of Membership will be determined by CH, in its sole and absolute discretion.


10.GOVERNING LAW

This Agreement shall be governed by and construed under the laws of the Commonwealth of Virginia.  All disputes arising out of this Agreement shall be subject to the exclusive jurisdiction and venue of the state courts in the state above (or, if there is federal jurisdiction, the United States District Courts in Richmond, Virginia).   CH and Member hereby expressly consent to the personal jurisdiction and venue of these courts.


11. MEMBER ACKNOWLEDGMENT 

The Member understands and acknowledges receipt of the Membership Agreement and covenant and agrees fully to the terms herein. Further:

  • Member agrees to pay all Membership Dues, fees, dues, and/or other charges for which the Member or a Member’s guest is responsible for under the terms of this Agreement on or before the due date;

  • Member agrees to be responsible for all charges incurred by my guests while using the Facility; and

  • Member understands that delinquency in paying any Membership Dues, and any other amounts or charges due will result in: (i) a $25 late payment fee on the amount past due, plus (ii) interest equal at the rate of 1-1/2 per month on all amounts due from Member to CH.  Member also acknowledges that delinquent amounts may result in suspension of Membership Privileges and/or termination of Membership.

  • Member understands that CH has the right to send any past dues to collections agency, which may impact the Member’s credit score.  In the event CH is required to commence collection efforts, CH shall be entitled to recover from Member its cost of collections, including, but not limited to any attorney’s fees and court costs incurred in connection with such collections.