Wello Works Terms and Conditions

These Terms and Conditions apply to your use of the Wello Works Facility (the “Facility”). The membership or pass details section of your agreement (or Addendum if applicable) together with these Terms and Conditions (collectively the “Agreement”), will determine the nature and extent of the use you may make of the Facility and the related services we will make available to you in connection with such use (collectively, the “Services”). By using the Services, you are agreeing that you shall abide by and be bound by this Agreement. 

The availability and scope of the Services, the Premises at which the Services are available, the prices at which we make the Services available, and any other provision of these Wello Works Terms and Conditions are subject to change from time to time in our sole discretion. You should review and agree to the terms of this agreement every time before you access the Premises and / or use any of the Services. To the fullest extent permitted by applicable law, your continued access to and/or use of any Services, or Premises constitutes your full acceptance of, and agreement to be legally bound by, the terms of this Agreement, as revised. 

1.TERM, RATES, PAYMENT, FEES

1.1 Term: The term length will be dictated by the Membership agreement and/or the type of membership or pass/pack you purchased. You agree to the terms and conditions as laid out throughout the duration of your agreed upon term. 

1.2 Rates: The price for membership and passes varies based on what is purchased and the cost designated in your membership agreement. Wello Works reserves the right to change the pricing. Any changes to the pricing will be communicated to the member in writing at least thirty (30) days prior to the next billing date. 

1.3 Monthly Membership Fees: We will process payment for your monthly membership fee in advance and will be deducted from your credit card or via direct debit from your nominated bank account on the day designated on your agreement and in accordance to your membership start date. You are responsible for having the necessary funds available to process payment. A penalty fee of $30 will apply to rejected payments. 

1.4 Office Studio Membership: We require payment of a security deposit equal to one month's dues, along with your first month's dues at the time of move-in. The security deposit will be held for the length of the term designated in your membership agreement and is not intended to be a reserve from which fees may be paid. In the event you owe us other fees, you may not rely on deducting them from the security deposit, but must pay separately. The security deposit may be used for your last month’s dues when the term is over, or may be refunded to you minus any outstanding fees due to us. For Office Studio Memberships, the agreement is not terminable by the member during the “term period” (as designated on your membership agreement - i.e. 12 months). If the member wants to terminate prior to the end of the agreed upon term, the remainder of the payment will be due for any remaining months left. 

1.5 Form of Payment: We accept payments of the amount specified in the Agreement solely by direct withdrawal from your bank account (ACH Transfer) or credit card or debit card using Wello Works’ online app or website. If you elect to pay via direct withdrawal, you are required to maintain sufficient funds in your bank account to pay the fees described in the Agreement, and you must inform us promptly of any changes to the account. If you elect to pay via credit card or debit card, you are required to inform us promptly of any changes to your card information, and must ensure that you replace such card and update the relevant information prior to the expiration date. If payment via credit or debit card fails on two occasions, we may require you to make payments via direct withdrawal. If any charge is rejected by your bank or credit/debit card issuer, you may be liable for a late charge and for a processing fee as listed below. 

1.6 Certain Fees: In addition to the fees specified in the Membership Agreement, you may become liable to us for additional fees (i) in the event you consume Services in excess of the allowance dictated by your membership/pack/pass; (ii) in the event you fail to make timely payment of any fees or charges due to us pursuant to your Membership Agreement and these Terms and Conditions; (iii) in the event a charge we process is rejected by your bank or credit or debit card issuer; (iv) in the event you utilize a credit or debit card to satisfy your membership charges you will be required to cover the credit card convenience fee. Set forth below are the current amounts of the above-described charges. These amounts may be modified by us from time-to-time, so we recommend you periodically return to this page to familiarize with any revisions to such amounts. 

Late Fee: 10% of the overdue amount

Rejected Charge Processing Fee: $30

Credit Card Convenience Fee: 1.75%

2.AUTHORIZED USERS

Your membership is for your personal use only, and you are not permitted to share your Membership with any other person unless otherwise stated in your Membership Agreement. 

Your use of the Premises are solely for professional uses consistent with uses of coworking and flex office space, and wellness services, and subject at all times to the permitted uses under our applicable lease. 

3.SERVICES AND USE OF PREMISES

Subject to the terms of this Agreement, your Membership or Pack/Pass permits use of all or selected sections of the Premises, facilities, equipment, and services depending on the category purchased and in accordance with the conditions applicable to that category. 

Your use of the Premises are solely for professional uses consistent with uses of coworking and flex office space, as well as wellness services, and subject at all times to the permitted uses under our applicable lease. 

3.1 Prohibited uses of Premises and Office Space: You shall not be permitted to: (i) use the Premises in a retail, medical (including any testing for diseases), or other capacity involving frequent visits by members of the public; (ii) as a residential or living space, or for any exclusively non-business purpose, (iii) sell, manufacture or distribute any controlled substance, including alcoholic beverages, from the Premises; (iv) use the Premises to conduct or pursue any illegal or offensive activities, or (v) store significant amounts of currency or other valuable goods or commodities in the Premises that are not commonly kept in commercial offices, and Wello Works will not be responsible for any loss thereof. 

3.2 Damages: Any damage caused to the fixtures, fittings and included equipment of the meeting space, event space or wellness services caused by the customer and any attendees will be charged to the payment method on file. 

4.BOOKINGS, LATE ARRIVAL, CANCELLATIONS AND REFUNDS

4.1 Bookings: Member/Guest may book wellness services, meeting rooms, and other amenities through the Wello Works app and/or online booking system. 

4.2 Late Arrival: If you arrive more than 15 minutes late for a booking, Wello Works reserves the right to reassign the booked space or service and cancel the service retaining the full payment amount. 

4.3 Cancellations and Refunds: To the extent you need to cancel a booking and do so within the cancellation window, you will be refunded the cost or credit of your booking. You may cancel a booking directly within the Wello Works app as long as you are within the cancellation window. If you are outside the cancellation window, please contact info@welloworks.com to modify or cancel a booking. You will not receive a refund for cancellations made outside of the cancellation window. 

5.SEVEN-DAY GUARANTEE AND TERMINATION

5.1 7-Day Guarantee: New Memberships may cancel their Membership Agreement during the 7-day guarantee period immediately after purchasing your membership. The 7-day guarantee period will begin on the date you purchase and expire at close of business on the day at which 7 days have elapsed. To cancel your membership under the 7-Day Guarantee you must provide written notice within the 7-day time period to obtain a refund of the amount you have paid, less the cost of any days and/or services you used prior to canceling the agreement. The 7-Day Guarantee does not apply to Passes or Packs. 

5.2 Termination By Member: If the membership is month-to-month, you may terminate this agreement with thirty (30) days written notice effective from the date of the next billing. Any prepaid fees will not be refunded and all outstanding balances will be paid in full. If your Membership Agreement/Term is a set amount (i.e. 12 months), you may not terminate before the end of the term. 

5.3 Termination by Wello Works: Wello Works may, in its sole discretion, restrict, suspend, or terminate your access to or use of your account and the Premises with immediate effect and without prior notice, including but not limited to, in situations where  (i) you fail to comply with the provisions and requirements of this Agreement or our policies, (ii) you misuse your Membership or Pass/Pack, or (iii) if we reasonably suspect, or we receive notice from a governmental, legislative, or other authority that such authority reasonably believes, you are using your access to the Premises to conduct, participate in, or facilitate criminal or fraudulent activity. 

5.4 Liability After Expiration or Termination; Survival: You will remain liable for past due amounts, and we may exercise our rights to collect due payments, despite termination or expiration of your Membership or Pass/Packs. 

6.RULES AND REGULATIONS

6.1 General: To support a vibrant, collegial and productive space, we have instituted some rules and policies, including the House Rules. We may update or add to these rules and policies from time to time in our judgement to enhance the experience of the Services. You agree that when you or any of your guests or invitees accesses the Facility and uses the Services, you and your guests and invitees will comply with the foregoing rules and policies. 

6.2 Conduct: Member/Guest shall conduct themselves in a manner that is respectful of other members, guests and staff. Any behavior deemed disruptive or inappropriate may result in termination of this Agreement. Members/Guests should avoid actions that might be disruptive or offensive to others. This includes keeping personal phone conversations at a reasonable volume, using shared spaces considerately, and being mindful of others’ space and comfort. 

6.3 Other Members/Guests: Wello Works does not control and is not responsible for the actions of other individuals you encounter through the use of the Services; this includes other Wello Works members and their guests. We do not endorse, support or verify the facts, opinions or recommendations of our Wello Works members/guests. If a dispute arises between members/guests, we have no responsibility or obligation to participate, mediate or indemnify any party, except to the extent that such dispute is the result of Wello Works’ gross negligence or willful misconduct. 

6.4 Keep Common Areas Clean and Tidy: Members/Guests are expected to treat shared spaces as if they were their own. This includes cleaning up after using the kitchen, lounge areas, or meeting rooms. Simple actions like wiping down tables, placing dishes in the dishwasher, and disposing of trash properly go a long way in maintaining a clean and inviting space for everyone. 

6.5 Respect the Property and Personal Space of Others: It’s essential to recognize that every member/guest has equal rights to the amenities. Using someone else’s equipment or workspace without permission is prohibited. Personal boundaries should be respected, including when it comes to using someone else’s desk or borrowing office supplies. 

6.6 User Shared Resources Responsibly: Shared resources such as printers, scanners, kitchen appliances and wellness services are there for the benefit of all members/guests. Using them responsibly means being mindful of others’ needs. For instance, excessive printing, and cleaning up after using kitchen appliances are all part of this community environment. 

6.7 Manage Noise Levels in Common Areas: While interaction and collaboration are encouraged, members should be mindful of their noise levels, especially in open-plan areas. Keeping voice volumes low and using meeting rooms for longer discussions can help maintain a productive atmosphere for everyone. 

6.8 Guests: Guests are welcome during staffed business hours, and must be over the age of 14. Members receive guest passes at 50% of the current day pass rate. Otherwise, full day pass rates apply for guests. All guests must register at the front desk or through the Guest Portal, must comply with all Facility terms and policies, and be accompanied by the member during their visit. For liability reasons, guests are not permitted in the space after staffed hours. Security cameras monitor the space after hours, and violations may result in loss of 24/7 access. 

6.9 Staffed Hours and Available Amenities: Wello Works reserves the right to change the staffed hours and days at any time without notice. We also reserve the right to change amenities, equipment, facilities and services for any reason. We will try to ensure changes do not negatively impact Members/Guests. No refunds will be issued for any changes or closures. 

6.10 Unstaffed Hours and 24/7 Access: If you are a member with 24/7 access, you agree to the following rules and policies:

1. During unstaffed hours the wellness services in the Collective area including the Saunas, Red Light Therapy, Somadome, HydroMassage and CryoLounge can not be booked or used. 
2. Access by guests or non-members when unstaffed is not allowed. If a member allows a non-member in during unstaffed hours then the member acknowledges that they accept responsibility and liability for any injury, loss or damage attributed to the non-member. The act of bringing a non-member into Wello Works or allowing a guest access without registering them, constitutes an automatic acceptance by the member of a guest pass fee for the non-member. 
3. 24/7 Access supports flexible work hours, not extended stays or overnight use/sleeping. Please use this benefit for early starts, late finishes, or weekend work only. If 
4. Wello Works reserves the right to suspend your 24/7 access or terminate the agreement fully if the member violates any of the rules and policies in this agreement. 

6.11 Use of personal equipment/items: External or secondary monitors are only permitted with Desk and Office Studio memberships, and are not permitted in the Lounge. Absolutely no space heaters, heated blankets, or plug-in cooking equipment is permitted. Violation of this may result in automatic termination of your membership. 

6.12 Use of Dedicated Desks: Members may place pictures, computer equipment, and other personal effects within their dedicated desk area. Members may not affix pictures or other items to the fabric panels. Damage, other than routine wear and tear, to the furniture will be the sole responsibility of the Member. Members may not rearrange or modify furniture within the workspace. 

6.13 Use of Private Office Studios: Members may place personal property such as pictures, plants, task lighting, rugs, seating and other appropriate office furnishings within their private studio. Members may not adhere any pictures, whiteboards, screens or other items such as company logos or advertisements to the walls, panels or glass at any time. Damage caused to walls, doors, furnitures or fixtures will be the sole responsibility of the Member. Office Studio Members will receive a key for their Studio. If the key is lost, the Member is responsible to pay $50 for a replacement. 

6.14 Personal Property: All personal property brought into Wello Works is the sole responsibility of the Member/Guest. Wello Works will not be responsible for lost or stolen personal property or equipment brought in by Members. 

6.15 Pets: No pets are allowed in Wello Works. Pets of any kind, including but not limited to dogs, cats, birds, reptiles, and rodents are not permitted on Wello Works premises at any time. Service Animals, as defined by the ADA, are welcome in our coworking space. Members/Guests with service animals are required to notify management in advance to ensure appropriate accommodations are made. Emotional support animals are not considered service animals under the ADA and are therefore not permitted. 

6.16 Children: No children under the age of 14 are permitted on Wello Works premises at any time, unless approved by Wello Works management. Any individual between the ages of 14 - 18 must be accompanied by an adult at all times while on the Premises. The accompanying adult is responsible for the supervision and safety of the minor. All guest policies apply to minors, including the requirement to sign in upon entry, associated fees and adherence to all rules and policies. The accompanying adult must ensure that the minor follows these policies. 

6.17 Insurance: Member/Guest is responsible for maintaining, at your own expense, insurance in form and amount appropriate to your business or personal property for you, your employees. Wello Works has the right to require proof of insurance before granting membership and access to the Facilities. 

6.18 Right to Disclose Information: Wello Works reserves the right at all times to disclose any information about you and/or your participation in and use of the Facilities and Services as Wello Works deems necessary to satisfy any applicable law, regulation, legal process or governmental request. 

6.19 Waiver and Release of Electronic Media: Member/Guest acknowledge and grant permission for Wello Works, its affiliates, subsidiaries, employees, successors and/or anyone acting with its authority to take and use still photographs, motion picture, video, sound recordings and/or testimonials of member/guest. Member/Guest waives any right to approve the photograph, electronic matter and/or finished products that may be used in conjunction with them now or in the future. Member/Guest grants the right to Wello Works and/or anyone acting with its authority, and hereby waives any right to royalties or other compensation arising from or related to the use of the photographs, electronic matter and/or finished matter. 

7.PHYSICAL CONDITION AND MEDICAL ADVICE

7.1 It is up to the member/guest to let Wello Works know if you have any medical or physical condition which might prevent or affect your use of our facilities or services. By entering into this agreement you are representing that you have no such adverse medical or physical condition and that you are not aware of any health or medical reason why you should not use our facilities and services. 

7.2 You also acknowledge that Wello Works has not given you medical advice and cannot in the future give you medical advice in respect of your condition and your ability to use the facilities or services. 

7.3 You should check with your doctor before using the facilities or services if you have any doubts or concerns in that regard. 

7.4 If your medical condition changes after you join, you must inform us prior to using the facilities or service. 

8.DATA PRIVACY;INTELLECTUAL PROPERTY

8.1 Data privacy: We collect, process, transfer and secure your personal data pursuant to the terms of Wello Works’ Privacy Policy, and in accordance with applicable data protection laws. You may not attempt to gain unauthorized access to any Services, accounts, computer systems or networks to any Wello Works server or to any of the Services, through hacking, password mining or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Services. 

8.2 Intellectual Property: You may not take, copy or use for any purposes the name “Wello Works” or any of our other business names, trademarks, service marks, logos, trade dress, marketing material, other identifiers or other intellectual property or modified or altered versions of the same; or engage in any conduct that is likely to cause confusion between the products and services of Wello Works and yourself, or if applicable, your company without our prior consent. 

9.DISCLAIMER OF WARRANTIES;LIMITATIONS OF LIABILITY

9.1 Waiver and release of claims: To the extent permitted by law, Wello Works and our landlord at any Wello Works location and our affiliates, parents, and successors and each of our and their employees, assignees, officers, agents and directors (collectively, the “Wello Works Parties”) disclaim all warranties and terms, express or implied, with respect to your membership/pass/pack. To the extent permitted by law, you, on your own behalf and your or their employees, agents, guests and invitees, (i) waive any and all claims, liabilities, costs, damages, expenses and rights, including reasonable attorneys’ fees (“Claims”) against the Wello Works Parties resulting from injury or damage to, or destruction, theft, or loss of, any property, person or pet; and (ii) release the Wello Works Parties from any such Claims. 

9.2 Third party products or services: Your Membership/Pass/Pack may give you access to products, services, or advertisements provided by third party service providers or our other business partners (“Third Party Services”). Third Party Services are provided solely by the applicable third-party service provider and pursuant to separate arrangements between you and the applicable Third-Party-Service-Provider. There is no warranty of merchantability, no warranty of fitness for a particular use, and no warranty of any kind, express or implied regarding third party services and Wello Works is not responsible in any way for the content of any links, products, services or other materials relating to any third-party services. For the avoidance of doubt, “Services” do not include, and we are not liable for, Third Party Services. 

9.3 Limitation of Liability: To the extent permitted by law, the aggregate monetary liability of any of the Wello Works Parties to you and your or their employees, agents, guests and invitees for any reason and for all causes of action, whether in contract, tort, breach of statutory duty, or other legal or equitable theory, will not exceed the total amounts paid by you to us for the product or service from which the claim arose in the twelve (12) months prior to the claim arising, except to the extent caused by gross negligence, willful misconduct or fraud of any Wello Works Party. None of the Wello Works Parties will be liable under any cause of action, for any indirect, special, incidental, consequential, reliance or punitive damages, including loss of profits or business interruption, or for the cost of any substitute goods, services or technology. You acknowledge and agree, on your behalf that, to the extent permitted by law, you may not commence any action or proceeding against any of the Wello Works Parties, whether in contract, tort, breach of statutory duty, or other legal or equitable theory, unless the action, suit, or proceeding is commenced within one (1) tear of the cause of action’s accrual. 

9.4 Indemnification: To the extent permitted by law, you will indemnify the Wello Works Parties from and against any and all claims, including third party claims, liabilities, and expenses, including reasonable attorneys’ fees, resulting from any breach or alleged breach of this Agreement or any of the Wello Works Policies by you or your or their guests, invitees or pets or any of your or their actions or omissions, except to the extent a claim results from the gross negligence, willful misconduct or fraud of the Wello Works Parties. You shall not make any settlement that requires a materially adverse act or admission by us or imposes any obligation upon any of the Wello Works Parties unless you have first obtained our or the relevant Wello Works Party’s written consent. None of the Wello Works Parties shall be liable for any obligations arising out of a settlement made without its prior written consent. 

9.5 Extraordinary Events: Wello Works will not be liable for, and will not be considered in default or breach of this Agreement on account of, any delay or failure to perform arising out of or caused by, directly or indirectly, forces that are beyond Wello Works’ reasonable control, including, without limitation, any delays or changes in construction or, of Wello Works’ ability to procure any space in, any premises; any conditions under the control of our landlord(s) at the applicable Wello Works location; acts of God; epidemics or pandemics; or public health emergencies. 

9.6 Governing Law and Dispute Resolution: This agreement and the transactions contemplated hereby shall be governed by and construed under the laws of the State of Georgia, U.S.A. and the United States. Except that either party may seek equitable or similar relief from any court of competent jurisdiction, any dispute, controversy or claim arising out of or in relation to the Agreement, or the breach, termination or invalidity of the Agreement, that cannot be settled amicable by agreement of the parties to the Agreement, shall be submitted to an organization reasonably designated by Wello Works for resolution by binding arbitration. 

Any proceedings to resolve or litigate any dispute in any forum will be conducted solely on an individual basis. Neither you nor we will seek to have any dispute heard as a class action or in any other proceeding in which either party acts or proposes to act in a representative capacity. No proceeding will be combined with another without the prior written consent of all parties to all affected proceedings. You and we also agree not to participate in claims brought in by a private attorney general or representative capacity, or any consolidated claims involving another person’s account, if we are a party to the proceeding. You are giving up your right to participate as a class representative or class member on any class claim you may have against us, including any right to class arbitration or any consolidation of individual arbitrations. 

9.7 General Provisions: Notwithstanding anything in this Agreement to the contrary, this Agreement shall in no way be construed so as to grant you any title, easement, lien, possession or related rights in our business, a Wello Works location or Premises, or anything contained in a Wello Works location or Premises. This Agreement creates no tenancy interest (including any security of tenure), leasehold estate, or other real property interest. You and we are independent contractors, and no agency, partnership, or joint venture relationship is intended or created by this Agreement. If any provision of this Agreement is held to be invalid, illegal or unenforceable in any respect, that provision shall be limited or eliminated to the minimum extent necessary so that this Agreement shall otherwise remain in full force and effect. This agreement, together with our Privacy Policy, House Rules, and other terms or policies referred herein or that we may post on our website or provide in respect of a particular Premises or Service constitutes the entire agreement between Wello Works and you in connection with the subject matter hereof, and supersede any prior agreements between Wello Works and you regarding such. You may not transfer or otherwise assign any of your rights or obligations under this Agreement (including by operation of law) without our prior consent. We may assign this Agreement without your consent. You agree that, except as otherwise expressly provided in this Agreement, there shall be no third-party beneficiaries. The section and paragraph heading in this Agreement are for convenience only and shall not affect their interpretation. Any use of “including,” “for example” or “such as” in this Agreement shall be read as being followed by “without limitation” where appropriate. 

Acknowledgements

The member/Guest acknowledges that they have read and understood all of the terms and conditions contained in the Agreement and further agree to be bound by the Agreement regarding participation in and use of the space.