TERMS OF SERVICE

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THESE TERMS OF SERVICE governs the relationship between Health Suite (“Operator”) and users and renters of Health Suite locations (“Customer”).

1. Workspace. Subject to the terms set forth in these Terms of Service, the Customer will have a limited license to utilize the offices located at 7000 Peachtree Dunwoody Road, 17-120, Atlanta, GA 30328 (“Premises”) for limited, purchasable time periods as provided by Operator. No part of these Terms of Service or rental of the Premises will be construed to convey any real property rights nor create any sort of tenancy or leasehold.  

2. Additional Services. Operator shall provide the following additional services, subject to the terms and conditions in these Terms of Service:

a. Basic furniture reasonably necessary to carry out business of the Customer. 

b. Basic office supplies. 

c. Professional cleaning of the Premises prior to use. 

d. All utilities. 

Customer agrees to reasonably maintain said furniture during the term of these Terms of Service. All furniture provided shall not be removed from the Premises without exception and remains the property of Operator upon termination of these Terms of Service.

All supplies not used during the duration of the booking remain the property of the Operator and may not be removed from the Premises. Doing so can subject Customer to a fee for such supplies and/or termination of future bookings. 

3. Rental Fee. Customer shall pay a per-day fee for utilizing the Premises as is listed on Health Suite’s website. The fee shall be paid in advance of the usage day. Such fee permits usage of the Premises from 8:00AM to 6:00PM on the usage day. Operator makes no representations, warranties, or guarantees regarding the availability of the Premises prior to payment of the fee.

4. Cancellation. If the reservation is cancelled by Customer more than three days before the reserved date, then the fee shall be refunded. If the reservation is cancelled less than 3 days prior to the reserved date, the entire fee is non-refundable. If Operator cancels the reservation, the entire fee shall be refunded.  

5. Premises Rules. The Premises is part of a larger building, with common areas available to all occupants. Customer agrees to perform and abide by Rules and Regulations governing those common areas that may be made from time to time by Operator.

6. Signage. Customer may advertise or have identifying signs or notices, provided however that such signs or notices do not physically damage the Premises in any way and such signs or notices must be removed by Customer at the conclusion of each reserved day. Customer is liable for all damage caused by signs or notices erected.

7. Usage. The Premises shall not be used for any illegal purposes, nor in any manner to create any nuisance or trespass, nor in any manner to vitiate the insurance or increase the rate of insurance on the Premises. Operator is not required to provide security to Customer or its agents, customers, employees, or otherwise.

Customer agrees that any medical equipment located on the Premises will be operated by a competent, fully qualified individual, with such licensure, degrees, and certifications as necessary to operate the equipment in question. 

8. Termination. Operator may, in its sole discretion, decline to rent the Premises to Customer. The parties agree any property left in the Premises by Customer is deemed abandoned and Operator may dispose of it in the manner it sees fit, at cost of the Customer. Customer is liable for any loss, claim, or otherwise that occurs due to Customer’s failure to vacate the Premises. 

9. LIABILITY EXCLUSION. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL OPERATOR OR ITS AFFILIATES, AND THEIR PAST, PRESENT, AND FUTURE OFFICERS, AGENTS, SHAREHOLDERS, MEMBERS, REPRESENTATIVES, EMPLOYEES, SUCCESSORS AND ASSIGNS, JOINTLY OR INDIVIDUALLY BE LIABLE FOR ANY DIRECT, SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE, ATTORNEY’S FEES, CONSEQUENTIAL, OR OTHER DAMAGES WHATSOEVER (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR: LOSS OF PROFITS, LOSS OF CONFIDENTIAL OR OTHER INFORMATION, BUSINESS INTERRUPTION, PERSONAL INJURY OR DEATH, LOSS OF PRIVACY, FAILURE TO MEET ANY DUTY (INCLUDING OF GOOD FAITH OR OF REASONABLE CARE), NEGLIGENCE, AND ANY OTHER PECUNIARY OR OTHER LOSS WHATSOEVER) ARISING OUT OF, OR IN ANY WAY RELATED TO, THE USE OF OR INABILITY TO USE THE PREMISES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES UNDER THESE TERMS OF SERVICE, OR OTHERWISE UNDER OR IN CONNECTION WITH ANY PROVISION OF THESE TERMS OF SERVICE, EVEN IN THE EVENT OF THE FAULT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, BREACH OF CONTRACT OR BREACH OF WARRANTY OF OPERATOR, AND EVEN IF OPERATOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

10. Insurance. Operator recommends that Customer maintains insurance on its personal property. Operator shall have no liability to Customer for personal injury, death, or the loss, theft, or damage of your personal property for any reason whatsoever. You agree not to hold or seek to hold Operator or its owners, members, officers, directors, employees, agents, or guests responsible for personal injury, death, or loss, theft, or damage of your personal property.

11. Indemnity. Customer hereby waives all claims against and releases Operator and its owners, agents, employees, or similar, from all claims for any injury to or death of persons, damage to property or business loss in any manner related to (a) Force Majeure, (b) acts of third parties, (c) the bursting or leaking of any tank, water closet, drain or other pipe, (d) the inadequacy or failure of any security services, personnel or equipment, or (e) any matter not within the reasonable control of Operator. Customer shall indemnify, defend and hold Operator and its owners, agents, employees, or similar, harmless against and from all liabilities, obligations, damages, penalties, claims, actions, costs, charges and expenses, including, without limitation, reasonable attorneys' fees and other professional fees (if and to the extent permitted by Law) (collectively referred to as “Losses”), which may be imposed upon, incurred by or asserted by any third party and arising out of or in connection with any damage or injury occurring in the Premises or any acts or omissions (including violations of Law) of Customer or its agents, employees, owners, or similar. 

12. Repairs. Operator agrees to keep in good repair the Premises at its sole cost. Further, Operator shall utilize its best efforts to promptly and diligently make repairs to the Premises and its plumbing, electrical, HVAC, communications, access control, fire monitoring, and fire suppression (the “Key Systems”). In the event of a failure of any Key System, the Operator shall commence diligent repairs to restore the affected system to proper working condition. Notwithstanding the foregoing, Customer shall be responsible for the costs of repairs or replacement to the Premises or a Key System if the damage or failure to the same is caused by the negligence or intentional wrongful acts of Customer, its brokers, agents, employees, invitees, or guests. Customer shall promptly report in writing to Operator any defective condition known to it which Operator is required to repair and failure to report such conditions shall make Customer responsible to Operator for any liability incurred by Operator by reason of such conditions.

Customer accepts the Premises in their present condition and as suited for the uses intended by Customer. Customer shall at its expense, maintain in good order and repair the Premises rendered necessary by the negligence or intentional acts of Customer, its brokers, agents, employees, invitees, or guests. Customer agrees to return the Premises to Operator in as good condition and repair as when first received, natural wear and tear, damage by storm, fire, lightning, or earthquake excepted.

13. Force Majeure. Operator shall have no liability to you for the unavailability of the Premises or for disruptions of services under these Terms of Service due to any causes not within the reasonable control of Operator including, without limitation, acts of God, fire, flood, earthquake, explosion, accident, weather, environmental contamination, strikes, lockouts, work stoppage, labor disputes, failure of utilities (including internet or phone service), criminal acts, act of war (whether declared or not), hostilities, invasion, act of foreign enemies, terrorism or civil disorder, public health emergencies, acts of government, its agencies or officers, or any other cause.

14. No Assignments. Each license is personal to Customer and cannot be transferred to anyone else without prior written consent from Operator. 

15. Governing Law. These Terms of Service shall be governed, construed, and interpreted pursuant to the Laws of the State of Georgia.

16. Severability. If any portion of any provision of these Terms of Service or the application thereof, for any reason and to any extent, be held invalid or unenforceable, neither the remainder of these Terms of Service nor the application of the remainder of the provision to all persons, entities or circumstances will be affected, but instead will be enforced to the maximum extent permitted by law.

17. Construction. The provisions of these Terms of Service shall be interpreted as one drafted equally by parties of equal means and sophistication. The descriptive headings used are for convenience of reference only and they are not intended to have any effect whatsoever in determining the rights or obligations of the parties.

18. No Waiver. No indulgence, waiver, election, or non-election by Operator under these Terms of Service shall affect Customer’s duties and liabilities hereunder. If Operator permits variance from these Terms of Service, then such will not be construed as waiver of any part of these Terms of Service.

19. Notices. All notices required by these Terms of Service must be sent to info@healthsuite.space

20. Entire Agreement. These Terms of Service contains all the terms agreed to by the parties relating to its subject matter including any attachments or addendums. These Terms of Service replaces all previous discussions, understandings, and oral agreements. 

21. Amendments. Customer agrees and understands that these Terms of Service are subject to change without prior notice to Customer. Customer understands and agrees that all bookings are made with agreement of the Terms of Service as they then exist. If these Terms of Service are amended while Customer has reserved a future booking not yet occurred, then Operator may inform Customer of the amendment prior to the booking date, at which point Customer will have the option to accept the amendment or cancel their booking.