Terms and Conditions of Membership
Effective Date: [Sep 15, 2024]
Last Updated: [Oct 6, 2024]
These Terms and Conditions ("Terms") govern the membership (also called “citizenship”) of the Berlinhouse (the "Club"), which provides its members with access to one or more club buildings ("Club Buildings"). By applying for and accepting membership, you agree to abide by these Terms, as well as any rules, policies, and guidelines set forth by the Club.
- Membership is open to individuals who meet the Club's eligibility criteria, as determined by the membership committee.
- Membership applications are subject to approval by the Club & apos; s membership committee.The committee reserves the right to approve or reject applications at its discretion.
- Applicants must be at least 18 years of age.
- Standard Membership: Grants access to all common areas in the Club Buildings during operating hours.
- Founding Membership: Limited to the first 300 approved members, providing lifelong privileges, including access to all common areas and certain exclusive events or spaces.
- Subcommunity Membership: Allows participation in designated subcommunities and access to specific floors or areas allocated to those groups.
- Digital Ambassadors: Allows participation to use the technology which Berlinhouse develops.Mostly for early supporters of Berlinhouse who are not physically in SF
- Scholarship Membership: Acts like Standard Memberships only at a reduced price.Is subject to continues re- approval.
- Members will receive a unique access credential (e.g., keycard, digital token) that provides entry to Club Buildings.
- Access is limited to the specific areas within the Club Buildings as outlined by the membership level.
- Access may be restricted during private events, maintenance, or other situations at the discretion of the Club.
- Members are responsible for securing their access credentials and must immediately notify the Club of any loss or theft.
- Members may use the Club's facilities for personal, professional, or community purposes, provided that usage complies with the Club's Code of Conduct and House Rules.
- The Club reserves the right to regulate and monitor the use of its facilities to ensure a safe and respectful environment for all members.
- Damages caused to the property or facilities by a member or their guest must be compensated by the member.
- Overnight stays or sleeping in the Club Buildings are strictly prohibited
All members are expected to behave in a respectful and responsible manner. The following behaviors are prohibited:
- Disruptive, abusive, or discriminatory behavior.
- Unauthorized commercial activities.
- Violation of any applicable local, state, or federal laws.
- Failure to adhere to Club policies or event-specific rules.
The Club reserves the right to suspend or terminate membership for violations of the Code of Conduct.
- Members may bring guests to the Club Buildings, subject to the guest policy outlined by the Club.
- The member must accompany their guest(s) at all times and is responsible for their behavior.
- Guests are not permitted to enter member-exclusive areas unless explicitly allowed by the Club.
- Membership fees are payable on an annual or monthly basis, depending on the membership plan selected during application.
- Fees must be paid by the due date to maintain active membership status.
- The Club reserves the right to adjust membership fees with prior notice to members.
- Membership may be suspended or terminated for any breach of these Terms or for conduct that the Club, in its sole discretion, deems harmful to the community.
- Members may cancel their membership at any time by providing written notice to the Club.Refunds for prepaid membership fees are not provided unless required by law.
- Members may cancel and receive a refund within 14 days of payment. After this period, refunds are not available.
The Club respects your privacy and is committed to protecting your personal data. This section explains how we collect, use, and share your information.
We may collect the following categories of personal data:
- Contact Information: Name, address, email, phone number, etc.
- Payment Information: Billing information, credit card details, etc.
- Access Information: Records of building access, usage logs, and member interactions.
- Profile Information: Preferences, interests, and other relevant information for membership.
We use your personal data for the following purposes:
- To manage your membership, including processing payments and granting access to Club Buildings.
- To communicate with you regarding membership updates, events, and policy changes.
- To ensure the security and proper use of Club facilities.
- For internal research, analysis, and improvement of Club services.
We do not sell your personal data to third parties. We may share your information with third parties in the following circumstances:
- Service Providers: To third-party vendors who provide services (e.g., payment processors, security providers).
- Legal Requirements: If required by law, regulation, or legal process.
We retain your personal data for as long as necessary to fulfill the purposes outlined in these Terms, comply with legal obligations, and resolve disputes.
If you are a resident of California, you have the following rights regarding your personal data:
- Right to Know: You have the right to request information about the categories and specific pieces of personal data we collect.
- Right to Delete: You may request that we delete your personal data, subject to certain exceptions.
- Right to Opt-Out: You may opt out of the sale of your personal information (although we do not sell data).
- Right to Non-Discrimination: We will not discriminate against you for exercising your privacy rights under CCPA.
To exercise your rights under CCPA, you may contact us at [Insert Contact Information].
We implement reasonable security measures to protect your personal data from unauthorized access, use, or disclosure. However, no method of transmission over the internet or electronic storage is completely secure, and we cannot guarantee absolute security.
To the fullest extent permitted by law, you agree to indemnify, defend, and hold harmless the Club, its officers, directors, employees, agents, and affiliates, from and against any and all claims, liabilities, damages, losses, costs, or expenses, including but not limited to reasonable attorneys' fees, arising out of or in connection with:
- Your use of the Club's facilities and services
- Your breach or alleged breach of these Terms;
- Your violation of any rights of another party, including other members, guests, or third parties;
- Your negligent or willful misconduct.
This indemnification obligation survives the termination of your membership and these Terms.
You agree that any dispute, claim, or controversy arising out of or relating to your membership or these Terms will be resolved on an individual basis, and you hereby waive any right to participate in any class, collective, or representative proceeding, including class actions or class arbitrations. You further agree that you will not combine your individual claim with the claims of others in any court proceeding, arbitration, or mediation.
The Club reserves the right to amend these Terms at any time. Members will be notified of any significant changes via email or other appropriate means. Continued use of the membership after changes have been communicated constitutes acceptance of the revised Terms.
It is the sole responsibility of the members, subcommunities, and their respective groups to ensure that all activities, devices, and items they bring into the Club Buildings comply with the terms of the building's current permit and any applicable local regulations. The Club is not responsible for ensuring that a member's usage of the space, or the items they bring into the space, comply with the building's permitted use or local laws. Members must ensure that all devices and equipment they use are safe, legal, and in accordance with the relevant building and safety codes. Members assume full responsibility for any violation of these terms and will be liable for any damages, fines, or legal repercussions that result from their non-compliance.
- The Club is not responsible for any loss, damage, or injury that occurs on Club premises, except as required by law.
- Members are responsible for their personal belongings, and the Club is not liable for theft, loss, or damage to personal items.
The prospective member acknowledges and agrees that membership to the Club will only commence once the Club has successfully rented or purchased a property in which it can provide physical space for the community ("Club Buildings"). The prospective member understands that this may never happen. In the event that the Club is unable to rent or purchase such a property, the prospective member will be notified in writing, either via email or postal mail. Upon such notification, the one-month membership fee paid at the time of sign-up will be fully reimbursed to the bank account from which the fee was initially drawn, and the membership contract will automatically terminate. The prospective member further waives any and all claims arising from or relating to this contract in such an event, including but not limited to claims for damages, interest on the money paid, or any other compensation. The prospective member will be informed in writing (via the provided email, postal mail, or telegram) when the membership becomes active and the monthly membership fee becomes due.
These Terms are governed by and construed in accordance with the laws of the State of Delaware. Any disputes arising from these Terms will be subject to the exclusive jurisdiction of the courts located in New Castle, Delaware.
For any questions or concerns regarding these Terms, Privacy Policy, or your membership, please contact the Club at support@berlinhouse.com
By applying for and accepting membership, you agree to these Terms and Conditions, including the Privacy Policy, Indemnification Clause, Class Action Waiver, and Membership Activation Conditions.