MEMBERSHIP

THIS MEMBERSHIP dated this

BETWEEN:  

IN CONSIDERATION OF the Landlord leasing certain premises to the Tenant, the Tenant leasing those premises from the Landlord and the mutual benefits and obligations set forth in this Membership/Lease, the receipt and sufficiency of which consideration is hereby acknowledged, the Parties to this Membership/Lease (the "Parties") agree as follows:

Definitions

1. When used in this Membership/Lease, the following expressions will have the meanings indicated:
   1. "Additional Rent" means all amounts payable by the Tenant under this Membership/Lease except Inclusive Rent, whether or not specifically designated as Additional Rent elsewhere in this Membership/Lease;
   2. "Building" means all buildings, improvements, equipment, fixtures, property and facilities from time to time located at 107 Technology Parkway , Peachtree Corners, GA, 30092, as from time to time altered, expanded or reduced by the Landlord in its sole discretion;
   3. "Common Areas and Facilities" mean:
      1. those portions of the Building areas, buildings, improvements, facilities, utilities, equipment and installations in or forming part of the Building which from time to time are not designated or intended by the Landlord to be Membership/Leased to tenants of the Building including, without limitation, exterior weather walls, roofs, entrances and exits, parking areas, driveways, loading docks and area, storage, mechanical and electrical rooms, areas above and below leasable premises and not included within leasable premises, security and alarm equipment, grassed and landscaped areas, retaining walls and maintenance, cleaning and operating equipment serving the Building; and
      2. those lands, areas, buildings, improvements, facilities, utilities, equipment and installations which serve or are for the useful benefit of the Building, the tenants of the Building or the Landlord and those having business with them, whether or not located within, adjacent to or near the Building and which are designated from time to time by the Landlord as part of the Common Areas and Facilities;
   4. "Leasable Area" means with respect to any rentable premises, the area expressed in square feet of all floor space including floor space of mezzanines, if any, determined, calculated and certified by the Landlord and measured from the exterior face of all exterior walls, doors and windows, including walls, doors and windows separating the rentable premises from enclosed Common Areas and Facilities, if any, and from the center line of all interior walls separating the rentable premises from adjoining rentable premises.  There will be no deduction or exclusion for any space occupied by or used for columns, ducts or other structural elements;
   5. "Premises" means the office space at Suite_N/A____, (if applicable) 107 Technology Parkway , Peachtree Corners, GA, 30092
   6. "Proportionate Share" means a fraction, the numerator of which is the Leasable Area of the Premises and the denominator of which is the aggregate of the Leasable Area of all rentable premises in the Building.
   7. "Rent" means the total Inclusive Rent.
   8. Permitted Use means dedicated or shared space work environment. Neither the Premises nor any part of the Premises will be used at any time during the Term by Tenant for any purpose other than the Permitted Use.
   9. Parking means the Tenant is entitled to the use of parking on or about the Premises. Only properly insured motor vehicles may be parked in the Tenant's space. No Parking of trailers, vans, etc. without written permission by the landlord.  No overnight parking of vehicles without tenant present and/or written permission by the landlord.

Membership Packages: (Packages can be customized to fit your needs)

Scale Up (Basic):  _________ x   $250.00/month: $______

           Includes: use of open space/WIFI/coffee service/snacks

Team Up (Gold): __________ x $350.00/month: _________

           Includes: includes basic plus mail service/5 hours guest office/meeting room / month

Rev Up (Platinum): _________ x $450.00/month: _________

           Includes: includes basic plus mail service/ 10 hours guest office/meeting room / month

Dedicated Open Desk (DOS): _____________ x $550/month: ________

           Includes: includes basic plus mail service/signage + reserved/locking cabinet/8 hours guest/meeting room/month-ATP reserves the right to shift desk on main floor if needed

ACCESS LEVEL REQUESTED:

           8am-5pm ____

           7am -10pm____

           24x7 access:  $50.00/month fee_________

Total Inclusive Monthly Rent: $___________                 

Mailing Address:  107 Technology Parkway, Suite _____ Peachtree Corners, GA 30092 (if applicable)

Term

2. The term of the Membership/Lease is a periodic tenancy commencing at 8:00am on                                  ……………1^st , 2024 and continuing for Twelve Months/ Annual basis until the Landlord or the Tenant terminates the tenancy (the "Term").  If terminated prior to the term being completed, Memberships can be put on hold or suspended on a case by case basis if approved by management.  Term shall automatically renew for a twelve month, unless we receive a 30-day written notice of termination.

Rent

3. Subject to the provisions of this Membership/Lease, the Tenant will pay an Inclusive rent of $______ , payable per month, for the Premises (the "Inclusive Rent") for the term of the Membership/Lease.

Fees  

4. In the event the Client sets up payments with a credit card to process their monthly payment or incidentals, the Contractor shall charge a 3% Processing Fee to be applied in addition to the membership “rent” each month or incidental charges.
5. The Client is subject to a $35.00 decline fee in the event their credit card declines for payment processing and is to clear up the processing card on file as soon as notified.
6. The Tenant will be charged an additional amount of 10.00% of the Inclusive Rent for any payment received after the 5^th of the month. If paid after the 15^th of the month a late fee of 20% if the Inclusive Rent will be due for the current month.

Use and Occupation

7. A Credit Card is to be on file for the reoccurring monthly membership charges. A fee of $35.00 will be assessed if the card on file is declined.
8. The Tenant will use and occupy the Premises only for the Permitted Use and for no other purpose whatsoever.  The Tenant will carry on business under the name of ___________________ and will notify the landlord in writing if business profile changes substantially.  If a change in name or signage is required there will be an additional fee. The Tenant will conduct its business in a reputable manner on such days and during normal hours of business (8am-5pm), if additional hours or extended hours are needed, prior approval from Landlord is required.
9. The Tenant will carry on and conduct its business upon the Premises in such manner as to comply with all statutes, bylaws, rules and regulations of any federal, provincial, municipal or other competent authority and will not do anything on or in the Premises in contravention of any of them.
10. Non-Smoking Facility: This is a non-smoking facility. Members/Tenants are responsible for ensuring that they, and their guests, do not smoke in the building or within 30 feet of any entrance, at any time. If Members/Tenants or their guests smoke on the property, even outside of the 30 foot boundary, the Member/Tenant is responsible for ensuring that debris is disposed of properly.

Quiet Enjoyment

11. The Landlord covenants that on paying the Rent and performing the covenants contained in this Membership/Lease, the Tenant will peacefully and quietly have, hold, and enjoy the Premises for the agreed term.
12. No children under the age of 16 are allowed in the facility.

Distress

13. If and whenever the Tenant is in default in payment of any money (after 10 days), whether hereby expressly reserved or deemed as rent, or any part of the rent, the Landlord may, without notice or any form of legal process, enter upon the Premises and seize, remove and sell the Tenant's goods, chattels and equipment from the Premises or seize, remove and sell any goods, chattels and equipment at any place to which the Tenant or any other person may have removed them, in the same manner as if they had remained and been distrained upon the Premises, all notwithstanding any rule of law or equity to the contrary, and the Tenant hereby waives and renounces the benefit of any present or future statute or law limiting or eliminating the Landlord's right of distress.
14. If the Tenant continues to occupy the Premises without the written consent of the Landlord at the expiration or other termination of the term, then the Tenant will be a tenant at will and will pay to the Landlord, as liquidated damages and not as rent, an amount equal to twice the Inclusive Rent plus any Additional Rent during the period of such occupancy, accruing from day to day and adjusted pro rata accordingly, and subject always to all the other provisions of this Membership/Lease insofar as they are applicable to a tenancy at will and a tenancy from month to month or from year to year will not be created by implication of law; provided that nothing in this clause contained will preclude the Landlord from taking action for recovery of possession of the Premises.

Abandonment

15. If at any time during the Term, the Tenant abandons the Premises or any part of the Premises, the Landlord may, at its option, enter the Premises by any means without being liable for any prosecution for such entering, and without becoming liable to the Tenant for damages or for any payment of any kind whatever, and may, at the Landlord's discretion, as agent for the Tenant, relet the Premises, or any part of the Premises, for the whole or any part of the then unexpired term, and may receive and collect all rent payable by virtue of such reletting, and, at the Landlord's option, hold the Tenant liable for any difference between the Rent that would have been payable under this Membership/Lease during the balance of the unexpired term, if this Membership/Lease had continued in force, and the net rent for such period realized by the Landlord by means of the reletting.  If the Landlord's right of reentry is exercised following abandonment of the premises by the Tenant, then the Landlord may consider any personal property belonging to the Tenant and left on the Premises to also have been abandoned, in which case the Landlord may dispose of all such personal property in any manner the Landlord will deem proper and is relieved of all liability for doing so.

Signing Incentives

16. The Landlord will give, make or perform the following signing incentives: Discounts if paying for 12 months upfront, Discounts if Membership/Lease term longer than 24 months.

Insurance

17. The Tenant is hereby advised and understands that the personal property of the Tenant is not insured by the Landlord for either damage or loss, and the Landlord assumes no liability for any such loss.

Attorney Fees

18. All costs, expenses and expenditures including and without limitation, complete legal costs incurred by the Landlord on a solicitor/client basis as a result of unlawful detainer of the Premises, the recovery of any rent due under the Membership/Lease, or any breach by the Tenant of any other condition contained in the Membership/Lease, will forthwith upon demand be paid by the Tenant. All rents including the Inclusive Rent and Additional Rent will bear interest at the rate of Twelve (12%) per cent per annum from the due date until paid.

Governing Law

19. This Membership/Lease shall be construed in accordance with and governed by the laws of the State of Georgia, as well as Gwinnett County without regard to the jurisdiction in which any action or special proceeding may be instituted.

Severability

20. If there is a conflict between any provision of this Membership/Lease and the applicable legislation of the State of Georgia (the 'Act'), the Act will prevail and such provisions of the Membership/Lease will be amended or deleted as necessary in order to comply with the Act. Further, any provisions that are required by the Act are incorporated into this Membership/Lease.

Mediation & Binding Arbitration

21. Any controversy or claim arising out of or relating to this Lease, the relationship resulting in or from this Lease or breach of any duties hereunder will be settled by Arbitration in accordance with the Commercial Arbitration Rules of the U. S. Arbitration & Mediation, Midwest (“USA&M”) or the American Arbitration Association (“AAA”). Any party refusing to mediate shall not prevent the other party or parties from pursuing their claims in arbitration. The parties will share the cost of mediation equally.  The parties agree to also meet and negotiate in good faith in order to resolve any disputes which may arise between them.  

Assignment and Subletting

22. The Tenant will not assign this Membership/Lease, or sublet or grant any concession or license to use the Premises or any part of the Premises.  An assignment, subletting, concession, or license, whether by operation of law or otherwise, will be void and will, at Landlord's option, terminate this Membership/Lease.

Bulk Sale

23. No bulk sale of goods and assets of the Tenant may take place without first obtaining the written consent of the Landlord, which consent will not be unreasonably withheld so long as the Tenant and the Purchaser are able to provide the Landlord with assurances, in a form satisfactory to the Landlord, that the Tenant’s obligations in this Membership/Lease will continue to be performed and respected, in the manner satisfactory to the Landlord, after completion of the said bulk sale.

Additional Provisions

24. Access to facility is regular business hours M-F unless otherwise agreed to in advance. One Key Fob will be granted for access, if lost/stolen replacement fee for 1^st time is $25.00, after 1^st time each additional time Fob is needed $50.00 fee will be charged.
25. Member/ Tenant accepts a $50 pet cleaning fee for any feces or urine that their pet leaves within the building. The member/tenant is responsible for ensuring their animal is on a leash at all times.  Member/Tenant agrees to the removal of any animal feces from the property when taking their dog outside and disposing of it in the large dumpster behind the building.

Care and Use of Premises

26. The Tenant will promptly notify the Landlord of any damage, or of any situation that may significantly interfere with the normal use of the Premises.
27. Vehicles which the Landlord reasonably considers unsightly, noisy, dangerous, improperly insured, inoperable or unlicensed are not permitted in the Tenant's parking stall(s), and such vehicles may be towed away at the Tenant's expense.  Parking facilities are provided at the Tenant's own risk. No overnight parking of vehicles, trailers, vans, etc. without written permission of landlord.
28. The Tenant will not make (or allow to be made) any noise or nuisance which, in the reasonable opinion of the Landlord, disturbs the comfort or convenience of other tenants.
29. The Tenant will not engage in any illegal trade or activity on or about the Premises.
30. The Landlord and Tenant will comply with standards of health, sanitation, fire, housing and safety as required by law.

Surrender of Premises

31. At the expiration of the Membership/Lease term, the Tenant will quit and surrender the Premises in as good a state and condition as they were at the commencement of this Membership/Lease, reasonable use and wear and damages by the elements excepted.

Hazardous Materials

32. The Tenant will not keep or have on the Premises any article or thing of a dangerous, flammable, or explosive character that might unreasonably increase the danger of fire on the Premises or that might be considered hazardous by any responsible insurance company. No firearms or weapons will be tolerated on the premise at any time.

Rules and Regulations

33. The Tenant will obey all rules and regulations posted by the Landlord regarding the use and care of the Building, parking lot and other common facilities that are provided for the use of the Tenant in and around the Building on the Premises.

General Provisions

34. Any waiver by the Landlord of any failure by the Tenant to perform or observe the provisions of this Membership/Lease will not operate as a waiver of the Landlord's rights under this Membership/Lease in respect of any subsequent defaults, breaches or nonperformance and will not defeat or affect in any way the Landlord's rights in respect of any subsequent default or breach.
35. This Membership/Lease will extend to and be binding upon and inure to the benefit of the respective heirs, executors, administrators, successors and assigns, as the case may be, of each party to this Membership/Lease.   All covenants are to be construed as conditions of this Membership/Lease.
36. All sums payable by the Tenant to the Landlord pursuant to any provision of this Membership/Lease will be deemed to be Rent and will be recoverable by the Landlord as rental arrears.
37. Where there is more than one Tenant executing this Membership/Lease, all Tenants are jointly and severally liable for each other's acts, omissions and liabilities pursuant to this Membership/Lease.
38. Time is of the essence in this Membership/Lease.
39. This Membership/Lease will constitute the entire agreement between the Landlord and the Tenant.  Any prior understanding or representation of any kind preceding the date of this Membership/Lease will not be binding on either party to this Membership/Lease except to the extent incorporated in this Membership/Lease. In particular, no warranties of the Landlord not expressed in this Membership/Lease are to be implied.
40. Member/Tenant agrees to allow Atlanta Tech Park to post their website and pictures taken at facility on their public website and social media pages.

IN WITNESS WHEREOF the Parties to this Membership have duly affixed their signatures under hand and seal, or by a duly authorized officer under seal, on this ____ day of                         , 2024.  

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Signature Certificate

Document name: Membership Agreement

Unique Document ID: 3b6137ae49a2f40a8ed0dc954102ce604c80223c

Build. Track. Sign Contracts.

Timestamp	Audit
June 7, 2024 5:01 pm EDT	Membership Agreement Uploaded by Nashlee Young - nashlee@emnovate.com IP 23.31.150.158

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https://www.atlantatechpark.com/

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