Wework Membership Agreement: Contact Information
Wework Membership Agreement: Contact Information
CONTACT INFORMATION
Company
Name: Industry:
Primary Member
Name: __________________________________ Email: __________________________________
MEMBERSHIP DETAILS
Company Name: __________________________________
Discount: __________________________________
Notes:
When signing this Agreement you must have the proper authority to execute this Agreement on behalf of the company listed above and incur the
obligations described in this Agreement on behalf of such company.
☑ I agree to the Terms & Conditions, Payment Authorization Terms & Conditions Membership
Details form and any applicable Services Package Addendum in this Membership Agreement.
eForms
TERMS & CONDITIONS
1. THE LINGO
• “Authorized Signatory” means an individual authorized to legally bind your company.
• “Main Premises” means the Premises in which the Office Space is located, as set forth in the Membership Details form.
• “Member” means each person you authorize on your Member List as being allowed to use your Office Space and receive
the Services (defined below) or other benefits of your WeWork Membership.
• “Member Company” means a company, entity, or individual that enters into a Membership Agreement with WeWork,
including without limitation for a We Membership or WeWork Office membership.
• “Office Space” means the office number and/or workspace location(s) specified in the Membership Details form.
• “Premises” means a building or a portion of a building in which WeWork offers or plans to offer offices, workstations, other
workspaces, and/or other services to Member Companies.
• “Primary Member” means the primary in-Premises Member contact for WeWork.
• “Start Date” means the start date set forth on the Membership Details form.
• “WeWork,” “we” or “us” means the WeWork entity you are contracting with, which may be amended by WeWork from time
to time.
• “You” means the company or other entity listed on the Membership Details form.
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TERMS & CONDITIONS
• Acceptance of mail and deliveries on behalf of attached to this Agreement. To make changes to your
your business during Regular Business Hours on Member List, you must have your Primary Member send an
Regular Business Days; provided that we are not email, from the Primary Member’s email account on file with
liable for any mail or packages received without a WeWork, to the email address specified at the bottom of
WeWork employee’s signature indicating the Membership Details form. The email requesting the
acceptance or should you use our mail and change must include the name(s) and email address(es) of
deliveries services for fraudulent or unlawful the departing and new Member(s) and the effective date of
purposes. the change. The changes will not take effect until we
confirm that we have received the email and have accepted
• Opportunity to participate in Members-only
and applied the change, in our sole discretion. A Member
events, benefits and promotions.
will no longer be allowed access to the Services upon the
(b) Business Hours/Days. “Regular Business Hours” are earlier of (1) the termination or expiration of this Agreement;
generally from 9:00 a.m. to 6:00 p.m. on Regular Business (2) your removal of such Member from the Member List or
Days in the time zone where the applicable Office Space is (3) our notification to you that such Member will be removed
located, with the exception of days prior to local from the Member List, for example if such Member violated
bank/government holidays, when Regular Business Hours this Agreement. If the number of Members or other
end at approximately 2:00 p.m. “Regular Business Days” individuals regularly using your Office Space exceeds the
are all weekdays, except local bank/government holidays number allocated on the Membership Details form, you will
and up to three other days of which we will inform you. be required to pay the then current additional fee as set
forth on wework.com/faq. In no event will the number of
(c) Our Reserved Rights. We are entitled to access your
Members exceed 1.5 times the number of desks in the
Office Space, with or without notice, in connection with our
Office Space, regardless of additional fees paid. We
provision of the Services, for safety or emergency purposes
reserve the right to further limit the number of Members
or for any other purposes. We may temporarily move
allowed at any point.
furniture contained in your Office Space. We reserve the
right to alter your Office Space, provided that we will not do Upon the addition of a Member to the Member List, WeWork
so in a manner that substantially decreases the square will create a profile for such Member on the WeWork
footage of your assigned Office Space or related amenities. Member Network. Such profile will be viewable by us, our
We may also modify or reduce the list of Services or employees and agents, and other members. Such profile
furnishings provided for your Office Space at any time. The may include a photograph of the Member, in addition to
Services may be provided by us, an affiliate or a third party. other information about the Member. You are responsible
(d) Office Space Not Timely Available. If we are unable to for informing each of your Members about the creation of
make the Office Space available by the Start Date for any such profile and obtaining their consent to the collection,
reason, including due to (i) changes in construction plans, use and disclosure of their personal information for such
delays in obtaining permits, or any other obstacles in purposes. By sending us a request to add an individual to
procuring space in any Premises, or (ii) delays caused by your Member List, you are representing and warranting that
you or by changes requested by you, we will not be subject you have obtained all necessary consent from such
to any liability related to such inability, nor will such failure individual for the creation of such profile.
affect the validity of this Agreement. In this event, except as (b) Changes to or Removal of Primary Member or
set forth in this Agreement, you will not be obligated to Authorized Signatory. An Authorized Signatory generally
make payments of the Membership Fee until the Office has the sole authority to make changes to or terminate this
Space is made available to you. Agreement. A Primary Member will generally serve as
WeWork’s primary contact regarding matters that involve
your Members, the physical Office Space or the Premises.
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TERMS & CONDITIONS
discretion in determining whether a particular position if subject to a Membership Agreement entered into after
constitutes an “Executive Officer.” An Executive Officer will the Milestone Date (each an “Existing Member Transfer”).
also have the authority to remove or replace the individual For Member Companies that did not receive office space
serving as the Authorized Signatory and/or Primary Member. continuously before and after the Milestone Date, the
Unless we receive instructions from the Authorized Signatory automatic three percent (3%) increase described in this
or Executive Officer, if the individual designated as the paragraph will apply.
Primary Member ceases to provide services to the Member
For (a) Member Companies with an Agreement Date that is
Company or ceases using the Office Space regularly, we will
prior to the Milestone Date and (b) Existing Member
use our reasonable judgment in designating a replacement
Transfers, the automatic three percent (3%) increase stated
Primary Member.
above will not apply, provided that the Membership Fee may
be subject to increases every year during the Term.
4. MEMBERSHIP FEES; PAYMENTS (c) Invoices; Financial Information. WeWork will send or
otherwise provide invoices and other billing-related
(a) Payments Due Upon Signing. Upon submitting a signed
documents, information and notices to the Primary Member,
and completed Agreement, you will be obligated to deliver
unless a different Billing Contact is indicated on the
to us, in the amount(s) set forth on your Membership Details
Membership Details form. Change of the Billing Contact will
form, (i) a service retainer (“Service Retainer”) and (ii) the Set-
require notice from the Authorized Signatory in accordance
Up Fee. The Service Retainer will be held as a retainer for
with this Agreement.
performance of all your obligations under this Agreement
and is not intended to be a reserve from which fees may be (d) Overage Fees. Each month, you will receive a certain
paid. In the event you owe us other fees, you may not rely on number of credits for conference room use, copies, printouts
deducting them from the Service Retainer, but must pay and other products and services we may offer from time to
them separately. Subject to the complete satisfaction of your time, as specified on the Membership Details form. These
obligations under this Agreement, we will return the Service allowances may not be rolled over from month to month. If
Retainer, or any balance after deducting outstanding fees these allocated amounts are exceeded, you will be
and other costs due to us, to you by ACH within thirty (30) responsible for paying fees for such overages. The current
days (or earlier if required by applicable law) after the later of overage fee schedule is listed on wework.com/faq. All
(1) the termination or expiration of this Agreement (2) the date overage fees are subject to increase from time to time.
on which you provide to us all account information necessary
(e) Late Fees. If payment for the Membership Fee or any
for us to make such payment and (3) your complete
other accrued and outstanding fee is not made by the tenth
performance of all your obligations under this Agreement, th
(10 ) of the month in which such payment is due, you will be
including any obligations applicable following termination or
responsible for paying the then-current late charge. The
expiration of this Agreement.
current late fee schedule is listed on wework.com/faq.
(b) Membership Fee. During the Term (defined below) of
(f) Form of Payment. We accept payment of all amounts
this Agreement, we will process payment for your
specified in this Agreement solely by direct withdrawal from
Membership Fee and other then-outstanding fees, in
th your bank account or credit card. If you elect to pay via direct
advance, monthly and no later than the fifth (5 ) business
withdrawal, you are required to maintain sufficient money in
day of each month. You shall be responsible for having the
your bank account to pay the fees described in this
necessary funds available in your payment account as of the
st Agreement and to inform us promptly of any changes to the
first (1 ) day of the month. The Membership Fee set forth on
account. If you elect to pay via credit card, you are required
the Membership Details form covers the Services for only the
to inform us promptly of any changes to your credit card
number of Members indicated in the Membership Details
information and must ensure that you replace such credit card
form. Additional Members will result in additional fees as set
and update the relevant information prior to its expiration
forth on wework.com/faq.
date. Changing your payment method may result in a change
in the amount required under this Agreement to be held as
For Member Companies with an Agreement Date that is on
the Service Retainer. Only a single checking, savings or
or after the Milestone Date, on each anniversary of the Start
credit card account may be used at any given time to make
Date, the Membership Fee for the year will automatically
payments under this Agreement. If payment via credit card
increase by three percent (3%) of the previous year’s
fails on two occasions, we may require you to make payments
Membership Fee; except that such increase will not apply to
via direct withdrawal.
Member Companies who entered into valid Membership
Agreements prior to the Milestone Date and received office (g) Outstanding Fees. When we receive funds from you, we
space from WeWork prior to and continuously through the will first apply funds to any balances which are in arrears and
Milestone Date, without any breaks in membership, even to the earliest month due first. Once past balances are
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TERMS & CONDITIONS
satisfied, any remaining portion of the funds will be applied deliver an Exit Form to WeWork at least one (1) full calendar
to current fees due. If any payments remain outstanding month before the end of the Commitment Term, you may
after we provide notice to you, we may, in our sole terminate the Agreement as early as the last Regular
discretion, withhold Services or terminate this Agreement in Business Day of the Commitment Term. Any Exit Form
accordance with Section 5(c). delivered to WeWork during the Commitment Term but less
than one (1) full calendar month before the end of the
(h) No Refunds. Except as provided in Sections 5(b) and
Commitment Term shall become effective in accordance
5(e) of this Agreement, there are no refunds of any fees or
with the rest of this Section 5(c). For instance, if you would
other amounts paid by you or your Members in connection
like to terminate this Agreement on the last Regular
with the Services.
Business Day of April, the last opportunity to deliver the Exit
Form to us would be on March 31. The Exit Form needs to
5. TERM & TERMINATION be completely filled out and signed by the Authorized
Signatory. You will not be entitled to pro ration with respect
to the last month’s Membership Fee. For instance, if you
(a) Term. This Agreement will be effective when signed by vacate your Office Space before the last Regular Business
both parties (“Effective Date”); provided that we have no Day of April, you will still owe us the full Membership Fee for
obligations to provide you with the Services until the later of the month of April. On the last Regular Business Day of the
(i) the date on which payment of your Service Retainer and month, you must vacate the Office Space no later than 4:00
first month’s Membership Fee has cleared or (ii) the Start p.m. Changes in Office Space, to the extent you have
Date. If the Start Date is a Regular Business Day, you will be already occupied a different Office Space, will also require
entitled to move into the Office Space after 11:00 a.m. (in the compliance with the termination obligations set forth in this
Office Space’s time zone) on the Start Date. If the Start Date Section 5 for the Office Space being vacated.
is not a Regular Business Day, you will be entitled to move
(d) Termination or Suspension After the Start Date by Us.
into the Office Space after 11:00 a.m. (in the Office Space’s
We may withhold Services or immediately terminate this
time zone) on the first Regular Business Day after the Start
Agreement: (i) upon breach of this Agreement by you or any
Date. Unless otherwise set forth on the Membership Details
Member; (ii) upon termination, expiration or material loss of
form, following the Commitment Term, this Agreement shall
our rights in the Premises; (iii) if any outstanding fees are still
continue on a month-to-month basis (any term after the
due after we provide notice to you; (iv) if you or any of your
Commitment Term a “Renewal Term”). The Commitment
Members fail to comply with the terms and conditions of this
Term and all subsequent Renewal Terms shall constitute the
Agreement or any other policies or instructions provided by
“Term.” If no Commitment Term is indicated on your
us; or (v) at any other time, when we, in our reasonable
Membership Details Form, the default Commitment Term
discretion, see fit to do so. You will remain liable for past
shall commence on the Start Date and end one (1) month
due amounts, and we may exercise our rights to collect due
after the Start Date. This Agreement will continue until
payment, despite termination or expiration of this
terminated in accordance with this Agreement.
Agreement.
(b) Cancellation Prior to Start Date by You. You may (e) Service Retainer. After termination or expiration of this
cancel this Agreement prior to the Start Date upon delivery Agreement, we will return any balance of your Service
of notice to us. If you terminate more than one (1) full Retainer to you in accordance with Section 4(a) of this
calendar month prior to your Start Date, you may be entitled Agreement.
to a refund of your Set-Up Fee, less any applicable charges,
(f) Removal of Property Upon Termination. Prior to the
expenses or deductions. If you terminate within one (1) full
termination or expiration of this Agreement, you will remove
calendar month prior to your Start Date, you will not receive
all of your, your Members’, and your or their guests’ property
any refund.
from the Office Space and Premises. After providing you
(c) Termination After the Start Date by You; Changes in with reasonable notice, we will be entitled to dispose of any
Office Space. Except as set forth in this section, you may property remaining in or on the Office Space or Premises
terminate this Agreement by delivering to us the WeWork after the termination or expiration of this Agreement and will
Exit Form (“Exit Form”) at least one (1) full calendar month not have any obligation to store such property, and you
prior to the month in which you intend to terminate this waive any claims or demands regarding such property or our
Agreement (“Termination Effective Month”). The handling of such property. You will be responsible for
termination will become effective on the last Regular paying any fees reasonably incurred by us regarding such
Business Day of the Termination Effective Month; removal. Following the termination or expiration of this
provided that the Agreement is not terminable during the Agreement, we will not forward or hold mail or other
Commitment Term. During the Commitment Term, if you packages delivered to us.
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TERMS & CONDITIONS
then current additional fee as set forth on wework.com/
6. HOUSE RULES faq. In no event will the number of Members exceed
1.5 times the number of desks in the Office Space,
regardless of additional fees paid. We reserve the right
In addition to any rules, policies and/or procedures that are
to further limit the number of Members allowed at any
specific to your Main Premises:
point;
(a) You acknowledge and agree that:
• common spaces are to be enjoyed by all our Member
• keys, key cards and other such items used to gain
Companies, Members and guests unless otherwise
physical access to the Premises or the Office Space instructed by us, and are for temporary use and not as a
remain our property. You will cause your Members to place for continuous, everyday work;
safeguard our property and you will be liable for
replacement fees should any such property be lost, • you will provide us with reasonable notice of and
stolen or destroyed; complete all required paperwork prior to hosting any
event at the Premises;
• you shall promptly notify us of any change to your
contact and payment information; • you may not make any alterations and/or installations of
additional design elements and furniture in the Office
• we will provide notice to you of any changes to services, Space without prior consultation and approval by us. All
fees, or other updates by emailing the email addresses alterations and/or installations are subject to our
provided by you. It is your responsibility to read such community guidelines. In the event that any alterations
emails and to ensure your Members are aware of any and/or installations are made, you shall also be
changes, even if we notify such Members directly; responsible for the full cost and expense of the removal
• carts, dollies and other freight items which may be of any such items and any restoration necessitated by
made available may not be used in the passenger any such alterations. To the extent that we incur any
elevator except at our discretion; costs in connection with such alteration, installation or
removal which are not otherwise paid by you we shall
• for security reasons, we may, but have no obligation to, deduct such costs from the Service Retainer. Prior to
regularly record certain areas in the Premises via video; any such alteration, installation or removal you shall
• we may disclose information about you or your Members coordinate with the WeWork community manager at the
as necessary to satisfy any applicable law, rule, Premises to discuss the appropriate time, manner and
regulation, legal process or government request or as we means for our facilities team to perform such alteration,
otherwise deem reasonably necessary for the protection installation or removal, at no time shall you or any of your
of us, other Member Companies or other Members; Members perform any alteration, installation or removal
yourself;
• you and your Members will abide by other rules and
regulations as determined by us and communicated to • you have no expectation of privacy or security with
you, including by email. We may add, delete or amend respect to WeWork’s Internet connection, networks,
the rules and regulations at our reasonable discretion telecommunications systems or information processing
and with notice to you, provided that neither the systems (including any stored computer files, email
enforcement of such rules nor the additions, deletions or messages and voice messages), and your activity and
amendments of such rules shall be discriminatory—that is, any files or messages on or using any of those systems
such rules or additions will similarly apply to all other may be monitored at any time without notice, including
Members and Member Companies with Office Space in for security reasons and to ensure compliance with
the Premises receiving similar services; WeWork’s policies, regardless of whether such activity
occurs on equipment owned by you or WeWork;
• all of your Members are at least 18 years of age;
• you and your Members’ computers, tablets, mobile
• you shall be solely and fully responsible for ensuring
devices and other electronic equipment must be (i) kept
that no alcohol is consumed by any of your Members
up-to-date with the latest software updates provided by
who is younger than the legal age for consuming
the software vendor and (ii) kept clean of any malware,
alcohol in the applicable jurisdiction;
viruses, spyware, worms, Trojans, or anything that is
• your Office Space has a limited capacity. If the number designed to perform malicious, hostile and/or intrusive
of Members or other individuals regularly using your operations. We reserve the right to remove any device
Office Space exceeds the number allocated on your from our networks that poses a threat to our networks or
Membership Details form, you will be required to pay the users until the threat is remediated; and
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• you grant us permission to use your name, trademark our prior consent, and this provision will survive
and/or logo to identify you as a Member of WeWork, termination of this Agreement;
alongside those of other Members, on a public-facing
• use the Office Space in a “retail,” “medical,” or
“Membership” display on our www.wework.com
other nature involving frequent visits by members
website. You acknowledge that we may, from time to
of the public;
time, use your name, trademark and/or logo
incidentally and/or in passing in connection with • make any copies of any keys, keycards or other
promotion of our and our partners’ businesses, means of entry to the Office Space or the Premises
products and services during and after the Term. To or lend, share or transfer any keys or keycards to
the extent (i) any such use is objectionable to you, (ii) any third party, unless authorized by us in advance;
you notify us of your objections in writing and (iii) or
provided that we work promptly and in good faith to
remove or minimize to the extent reasonably possible • install any locks to access the Office Space or
under the circumstances the effect of the objected-to anywhere within the Premises, unless authorized
conduct, you hereby waive any claims or damages by us in advance; or
against us relating to such use. • allow any guest(s) to enter the building without
registering such guest(s) and performing any
(b) No Member will:
additional required steps according to our policies.
• perform any activity that is reasonably likely to be
disruptive or dangerous to us or any other Member You are responsible for ensuring your Members comply with
Companies, or our or their employees, guests or all House Rules.
property, including without limitation the Office
•
Space or the Premises;
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(c) Limitation of Liability. The aggregate monetary liability of right to restrict any Member’s right to bring a pet into the
any of the WeWork Parties to you or your Members, Premises in our sole discretion.
employees, agents, guests or invitees for any reason and for
(g) Other Members. We do not control and are not responsible
all causes of action, will not exceed the total Membership
for the actions of other Member Companies, Members, or any
Fees paid by you to us under this Agreement in the twelve
other third parties. If a dispute arises between Member
(12) months prior to the claim arising. None of the WeWork
Companies, Members or their invitees or guests, we shall have
Parties will be liable under any cause of action, for any
no responsibility or obligation to participate, mediate or
indirect, special, incidental, consequential, reliance or punitive
indemnify any party.
damages, including loss of profits or business interruption.
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TERMS & CONDITIONS
capacity, or any consolidated claims involving another person’s this Agreement as a result of any causes or conditions that are
account, if we are a party to the proceeding. YOU ARE GIVING beyond WeWork’s reasonable control, including without
UP YOUR RIGHT TO PARTICIPATE AS A CLASS limitation (i) any delays or changes in construction of, or
REPRESENTATIVE OR CLASS MEMBER ON ANY CLASS CLAIM WeWork’s ability to procure any space in, any Premises, and (ii)
YOU MAY HAVE AGAINST US INCLUDING ANY RIGHT TO any delays or failure to perform caused by conditions under the
CLASS ARBITRATION OR ANY CONSOLIDATION OF control of our landlord at the applicable Premises.
INDIVIDUAL ARBITRATIONS.
(f) Severable Provisions. Each provision of this Agreement shall
(c) Waiver. Neither party shall be deemed by any act or (j) No Assignment. Except in connection with a merger,
omission to have waived any of its rights or remedies acquisition, corporate reorganization, or sale of all or
hereunder unless such waiver is in writing and signed by the substantially all of the shares or assets of you or your parent
waiving party. corporation, you may not transfer or otherwise assign any of
(d) Subordination. This Agreement is subject and subordinate your rights or obligations under this Agreement (including by
to our lease with our landlord of the Premises and to any operation of law) without our prior consent. We may assign this
supplemental documentation and to any other agreements to Agreement without your consent.
which our lease with such landlord is subject to or subordinate. (k) OFAC. You hereby represent and warrant that (i) neither you
However, the foregoing does not imply any sublease or other nor any of your Members are or will be, at any time during the
similar relationship involving an interest in real property. Term, an entity or individual listed on the Specially Designated
(e) Extraordinary Events. WeWork will not be liable for, and Nationals and Blocked Persons List published by the U.S.
will not be considered in default or breach of this Agreement on Department of Treasury, as updated from time to time and
account of, any delay or failure to perform as required by neither you nor any of your Members will, at any time during the
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Term, engage in any activity under this Agreement, including
the use of Services provided by WeWork in connection with
this Agreement, that violates applicable U.S. economic
sanctions laws or causes WeWork to be in violation of such
U.S. economic sanctions laws.