THE DETROIT WRITING ROOM MEMBERSHIP TERMS OF SERVICE
Hello and welcome to The Detroit Writing Room (“DWR”)! We look forward to having you as a DWR member and hope you enjoy the services we provide. The services provided by DWR, as well as your rights and obligations in connection with your membership and use of DWR facilities, is based upon your acceptance and compliance to the terms and conditions specified below (“Terms”). References to DWR may also be stated as “we,” “our,” “us,” or “Company.” References to “you,” and “your” shall mean the person or entity registering for any Services and agreeing to be bound by these Terms. If you are entering into these Terms on behalf of an entity, you represent and warrant that you have authority and consent to bind the entity to these Terms.
1. Services. From our turn of the century building in a uniquely designed office in downtown Detroit, we offer much more than just a work-sharing environment. Unlike other businesses, we offer one-on-one writing coaches who are professional journalists, authors, professors and communications professionals. Coaches provide feedback and editing on written works for business or personal use. Coaches are also experts in photography, web design, graphic design and other specialties. Coaching Services are offered both on a membership and drop-in basis. The extent of the Services you will receive and the associated cost will depend on the type of membership and programs you select, how often you access our Coaches, attendance at member-only events and other related services and features we may provide (“Services”). You understand that all Services we offer will be subject to the Terms of this agreement and that we may amend the types of Services offered upon notice to you.
2. DWR Drop-In Services. DWR drop-in pricing is as follows:
The First Draft = Free
Your first visit to the Detroit Writing Room is free of charge! Come work, drink coffee and write!
The Writer = $20 per day
Enjoy the writing room on a drop-in basis. The Writer gets coffee, printing and wi-fi access.
Writing Happy Hour = $10
After 3 p.m., the drop-in rate is half off!
The Freelancer = $50 per month
Visit 4 times in one month for co-working access.
3. DWR Membership and Coaching Fees. DWR pricing is as follows:
The Novelist = $2,200 per year/$200 per month
The annual Novelist member enjoys unlimited co-working access, 12th month free, 1 hour coaching session a month free of charge, additional coaching at a discounted $50 per hour rate, discount to Detroit Writing Room events, 2 free guest passes per month, 20 percent discount on Detroit Writing Room rentals. Pay in full upfront and receive 1 free annual Detroit Writing Room rental after 6:30 p.m., subject to availability.
The Columnist = $1,100 for 6 months/$183 per month
The 6-month Columnist member enjoys unlimited co-working access, coaching at a discounted $50 per hour, 2 free guest passes per month. Receive $100 off.
The Journalist = $600 for 3 months/$200 per month
The 3-month Journalist member enjoys unlimited co-working access, coaching at a discounted $50 per hour, 2 free guest passes per month. Must pay in full up front.
Detroit residents, students, active military members, veterans and nonprofit employees receive 10 percent off all rates.
The Apprentice = $75 per hour
Meet with a Detroit Writing Room coach to receive in-person feedback on any work.
4. How and When Do I Pay? You may pay by cash, check or credit card. For recurring monthly membership fees, payment by credit card is required. All fees are non-refundable. If you pay by credit card, we will automatically charge the fees and any other amounts you may incur or be liable for (including damages to our office or property) on the date your application is accepted and each thirty (30) days thereafter (“Due Date”). If we determine to change the monthly date of payment, we will advise you in advance. Hourly Writing Coach fees and other non-recurring fees will be charged and are to be paid the day of Service. If payment for monthly membership fees are not received on or before seven (7) days from the Due Date, a 10% late fee will be charged. If any check is returned for insufficient funds, a $25 fee will be charged (NSF fee). If you do not show up to a coaching session and fail to cancel or reschedule your appointment within 24 hours you will be charged $40 for a no-show fee. You understand and agree that if any payment is (i) not timely made, (ii) or your credit card/check is rejected, we may choose at our option to suspend all Services to you until payment(s) is/are brought current (including late fees and NSF fees) or terminate this agreement and provision of Services.
5. We Do Have Rules: We intend to operate the DWR on a friendly and informal basis. However, we expect our members/clients to conduct themselves and behave as they would in a formal business office and environment. This includes behavior that is not disruptive, confrontational, loud or dangerous to any person, property or our business premises. Also, we cannot allow a member or client to use our office as a facility that is to be frequently visited by customers or clients of your business instead of your operating a separate retail or office location. All members/clients will receive a set of rules upon engaging our Services, which may be amended from time to time and which are required to be followed.
Many of our members and clients have businesses or are engaged in matters that are proprietary and/or confidential to them. You acknowledge that in the event you learn of or have access to such proprietary/confidential information of another user of our facility, your use, duplication or disclosure of such information without authorization may subject you to legal liability.
6. Our Hours/Access. Regular business hours are generally from 9 a.m. to 6 p.m. on regular business days, with the exception of holidays. “Regular business days” are all weekdays, except government holidays and up to five other days where we may close our facility for private functions. If this occurs we will notify you in advance. DWR will also be open on Saturdays 10 a.m. to 5 p.m. unless the Saturday falls on a holiday. In the event a private function is scheduled to be held after hours, you understand that set up may occur prior to the close of our regular hours.
You agree that we may photocopy your driver license and may require you and any guests or employees to show a valid driver license or other government issued photo ID to use our facilities. To protect our office, our members and their property, you understand that if requested by law enforcement or government agency, we may provide a copy of your personal identification to them.
7. Our Termination. We retain the right, at our sole discretion, to suspend or terminate this agreement and the provision of any Service to you if you breach these Terms, with or without notice to you. We may also choose to decline the renewal of your membership or the offering of any Service, for any reason.
8. Your Cancellation. If you choose to cancel your membership, you may do so but as described above we do not refund amounts previously paid and you will remain liable for unpaid fees and charges. YOU UNDERSTAND AND AGREE THAT BECAUSE OUR RATES ARE DISCOUNTED FOR MEMBERSHIPS, IF YOU ARE A NOVELIST MEMBER, YOUR MEMBERSHIP CANNOT BE CANCELLED DURING THE FIRST 6 MONTHS; IF YOU ARE A COLUMNIST MEMBER, YOUR MEMBERSHIP CANNOT BE CANCELLED DURING THE FIRST 3 MONTHS. Notice of your cancellation should be submitted to us in writing at our business office by sending an email to firstname.lastname@example.org. We will then cancel your account effective after expiration of the applicable 3- or 6-month time period described above, but we will honor your membership for the balance of the month in which you cancel provided payment has been made for such month.
9. Website Testimonials. As we develop our website, we may list member testimonials regarding their experience at the DWR. We will not publish any testimonial from you without your prior consent. All endorsements are the personal opinion of the member regarding our Services and would be published without expectation of remuneration.
10. DWR Intellectual Property Rights. You understand that we have sole ownership and rights to the name “Detroit Writing Room” and “DWR.” Although we welcome you to use our office and Services we provide, our trade name, service marks, logos and trade dress of our DWR business (“intellectual Property”) exclusively belongs to DWR. Therefore, you understand and agree not to claim ownership to, use, copy or modify our Intellectual Property in any manner whatsoever without our prior written consent.
11. Limitations of Liability
Waiver and Release of Claims. You agree, waive and release any and all claims and rights against DWR, any parent or subsidiary entity, their officers, members, agents and employees (the “DWR Parties”) resulting from injury or damage to, or destruction, theft, or loss of, any property, or person (“Claims.”). You understand and acknowledge that we do not control and are not responsible for the actions of other individuals using our Services or our offices. We do not perform background checks on our users or members nor do we guarantee that our users’ or members’ profiles are accurate. We do not endorse, support or verify the facts, opinions or recommendations of our users or members.
Limitation of Our Liability. We are not responsible for any property you leave behind in our facility. It is your responsibility to ensure that you have retrieved all of your personal items prior to leaving. You may be held liable (and do hereby authorize us to charge you) for the repair cost for all damage to our office premises, our property or those of our members and users caused by you or your guests. We do not control and are not responsible for the actions of other members or any other third parties. If a dispute arises between members or their invitees or guests, we shall have no responsibility or obligation to participate, mediate or indemnify any party.
We shall have no liability to you for any failure or delay in performing our obligations in this Agreement where such failure or delay is caused by an event or circumstance beyond our conrol including, without limitation, strikes, lock-outs and other industrial disputes, breakdown of systems or network access, failure of Writing Coaches to perform, flood, fire, explosion, acts of terrorism or accident. In the event it is determined by a court of law that we are liable to you, your employee or guest for any reason, you agree that the maximum extent of our liability shall be the total amount of your fees and payments to us during the one (1) month period prior to the event that is the cause of our liability. In addition, none of the DWR Parties will be liable under any cause of action, for any indirect, special, incidental, consequential, or punitive damages. You agree that any action against the DWR Parties must be commenced within six (6) months from when the cause of action accrued.
12. Indemnification. You agree to indemnify and hold harmless the DWR Parties from and against any and all claims, liabilities, damages and expenses (“Claims”) including reasonable attorneys’ fees, resulting from any breach of these Terms or use of the Services. These Claims include but are not limited to copy right infringement, defamation (slander and libel), plagiarism and violation of intellectual property rights of others and we will have sole control over the defense of any such Claims. You are responsible for the actions of and all damages caused by you or your employees/guests on our office premises, or otherwise in the course of your use of the Services.
13. Governing Law; Jurisdiction. This Agreement is governed and interpreted pursuant to the laws of the State of Michigan, notwithstanding any principles of conflicts of law. All disputes shall be brought and heard in the state courts located in Wayne County, Michigan.
14. Assignment. This Agreement may not be assigned or transferred by you without our prior written approval. We may assign or transfer this Agreement without your consent, including but not limited to assignments: (a) to a parent or subsidiary, (b) to an acquirer of assets, or c) to any other successor or acquirer. Any assignment in violation of this section shall be null and void. This Agreement shall inure to the benefit of permitted successors and assigns.
15. General Provisions. You are an independent contractor. No agency, partnership, joint venture, or employer-employee relationship is intended or created by this Agreement. A failure by us to enforce any provision(s) of this Agreement will not be construed as a waiver of any provision or right. This Agreement, constitutes the entire agreement and understanding between DWR and you with respect to the subject matter hereof and supersedes all prior agreements ads understandings of the parties with respect thereto. If any provision of this Agreement is found to be invalid or unenforceable, the remaining provisions will be enforced to the fullest extent possible, and the remaining provisions will remain in full force and effect. You agree that, except as otherwise expressly provided in this Agreement, there shall be no third-party beneficiaries to this Agreement. Other than as stated hereinabove with respect to modifications to Services provided by DWR, you may not amend this Agreement. If we are required to seek legal enforcement of these Terms, we shall be entitled to our costs and reasonable attorney’s fees.
We reserve the right, at our sole and absolute discretion, to alter, change, modify, add to, supplement or delete any of these Terms, at any time, effective upon written notice to you. You acknowledge and agree that it is your responsibility to review these Terms via our website or apps we may introduce periodically and to be aware of any modifications. Your continued use of the Services after you receive notice of such modifications will constitute your acknowledgment of the modified Terms and your acceptance of any and all such changes. Any changes will be effective immediately upon posting of notice, provided that any modifications as to pricing will be effective on your next membership renewal, use of our offices if you are a “drop-in” client, or provision of coaching services, as applicable. As a condition of providing Services, we require all clients to click on the “accept” button at the end of these Terms.
Last updated: April, 2019.