THE NEW YORK WRITING ROOM MEMBERSHIP TERMS OF SERVICE
Hello and welcome to The New York Writing Room (“NYWR”), an affiliate of The Detroit Writing Room, LLC! We offer our coaching services to you through our website, www.newyorkwritingroom.com (including related domain and mobile site together referred to as the “Site”). We look forward to having you as a NYWR member and hope you enjoy the services we provide. The services provided by NYWR, as well as your rights and obligations in connection with your membership and use of NYWR services, is based upon your acceptance and compliance to the terms and conditions specified below (“Terms”). References to NYWR 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.
Please read these Terms carefully, as they affect your legal rights. By using the Services, you are agreeing to abide by and be bound by these Terms. For our Website Terms of Use and Privacy Policy please access the following link: www.newyorkwritingroom.com/websiteterms.
1. Services. We offer virtual 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 via a membership, package or single appointment. 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 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. NYWR Membership and Coaching Fees. NYWR pricing is as follows:
Membership Rate
Annual Membership = $199
Benefits include:
-Coaching sessions at a discounted $50 per hour
-20% off all virtual workshops and events hosted by The New York Writing Room & Detroit Writing Room
-Unlimited co-working access whenever you visit The Detroit Writing Room
Nonmember Coaching Packages
1 Coaching Session = $75
-Meet virtually with a coach for a one hour session over Zoom
3 Coaching Sessions = $200
-Meet virtually with a coach for 3 appointments at one hour each. You may choose different coaches.
-Discount of $25
3. How and When Do I Pay? You may pay by credit card. Hourly Coaching fees and other non-recurring fees will be charged and are to be paid the day of Service. 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 is rejected, we may choose at our option to suspend all Services to you until payment(s) is/are brought current or terminate this agreement and provision of Services.
4. We Do Have Rules: We intend to operate the NYWR 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.
5. Our Hours/Access. Coaching hours and availability vary by the coach, but generally are from 10 a.m. to 8 p.m. Monday through Friday and 10 a.m. to 5 p.m. Saturday and Sunday, with the exception of holidays.
6. 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.
7. Your Cancellation. If you choose to cancel your membership, you may do so but we do not refund amounts previously paid and you will remain liable for unpaid fees and charges. Notice of your cancellation should be submitted to us in writing by sending an email to hello@newyorkwritingroom.com.
8. Website Testimonials. As we develop our website, we may list member testimonials regarding their experience at the NYWR. 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.
9. NYWR Intellectual Property Rights. You understand that we have sole ownership and rights to the name “New York Writing Room” and “NYWR.” Although we welcome you to use our office and Services we provide, our trade name, service marks, logos and trade dress of our NYWR business (“intellectual Property”) exclusively belongs to NYWR. 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.
10. Limitations of Liability
Waiver and Release of Claims. You agree, waive and release any and all claims and rights against NYWR, any parent or subsidiary entity, their officers, members, agents and employees (the “NYWR 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. 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 with a Coach or at any facility where you may meet with a Coach. 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 Detroit 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 control including, without limitation, strikes, lock-outs and other industrial disputes, breakdown of systems or network access, failure of 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 NYWR 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 NYWR 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 NYWR 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. You agree that 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 NYWR and you with respect to the subject matter hereof and supersedes all prior agreements and 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.
Changes to this Agreement and Modification of Terms of Use.
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, 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.
I HEREBY ACKNOWLEDGE THAT I HAVE READ AND UNDERSTAND THESE TERMS, THE WEBSITE TERMS AND PRIVACY POLICY, AND AGREE THAT MY USE OF THE DWR OFFICES, SERVICES AND WEBSITE IS AN ACKNOWLEDGMENT OF MY AGREEMENT TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THESE AGREEMENTS.
Last updated: May 2020