Last Modified: September 8, 2026

Acceptance of Terms
These terms and conditions of use (these “Terms”) constitute a legal agreement between you, the individual (“you”) and Switchyards Inc. (“Switchyards”, “us”, or “we”) and govern your access to and use of Switchyards’ clubs, facilities, online services, and related offerings as a Member and Licensee of a neighborhood work club (each, such physical location, a “Work Club”) managed by Switchyards or one of its subsidiaries or affiliated entities. Through the website and portal provided under these Terms (including related domains, sites, and any web or mobile applications we may make available from time to time, whether now existing or developed in the future, as applicable, the “Site”), you may access your Switchyards account and make use of other services accessible through the Site (the “Services”). These Terms also govern all visitors of the Site and Work Clubs who are not Members or Licensees of Switchyards. In these Terms, “Member” means an individual with a current Switchyards membership that allows them to access one or more Work Clubs; “Licensee” means a Member or other authorized person or entity that has entered into a License Agreement; and “License Agreement” means a separate written agreement between Switchyards and a Licensee governing paid access to a Switchyards Work Club, including the applicable membership plan and access rights. You, depending on the memberships you have, may be a Member, a Licensee, or both.

By (i) clicking an “Accept” or similar button, (ii) checking a box captioned with acceptance language, (iii) signing up for membership or an account for the Site, (iv) using the Services, or (v) communicating or otherwise contacting Switchyards through the Site, you acknowledge that you have read and understand these Terms and that you agree to be bound by them. If you are using the Site or any Services on behalf of a company or other legal entity, the term “you” shall also refer to such entity in addition to the individual user, and the individual accepting these Terms on behalf of such entity hereby represents and warrants that he or she has the authority to bind the entity to these Terms.

YOU MAY NOT USE THIS SITE OR THE SERVICES OR VISIT ANY WORK CLUBS IF YOU DO NOT AGREE TO THESE TERMS. PLEASE REVIEW THEM CAREFULLY.

Membership & Fees

Membership
Switchyards reserves the right to cancel any Member’s membership at any time without reason and without prior notice, provided that Switchyards will not cancel a membership on any ground prohibited by applicable law or for an unlawful discriminatory reason.

If Switchyards cancels a Member’s membership and communicates that we are not interested in their membership in the future, then future membership is prohibited.

If Switchyards finds evidence of a person signing up for a new membership and visiting a Switchyards Work Club after receiving notice that Switchyards is not interested in that person’s membership in the future, Switchyards reserves the right to deny access, pursue claims for trespass or other unlawful entry, and seek any other legal or equitable remedies available to Switchyards.

Membership provides shared access to Switchyards Work Clubs and does not create a lease, tenancy, dedicated workspace, property interest, or proof of residency.

Age Requirement
Membership is only available to individuals 18 years of age or older.

Cancellation
To cancel your membership, please visit the Member Hub and select “Manage my account.” Monthly Memberships continue on a month-to-month basis until canceled. Cancellation becomes effective at the end of the then-current billing period in which the cancellation request is submitted, and Work Club access continues until that date, except as expressly provided in the refund rule below.

Refunds & Waitlist Billing
For month-to-month memberships, if the latest membership payment was processed within 7 days before the cancellation request, Switchyards will issue a refund for that payment, and cancellation and Work Club-access termination will be effective when the refund is processed. If the latest payment was processed more than 7 days before the cancellation request, no refund will be issued and cancellation and Work Club access will remain effective at the end of the then-current billing period. A refund does not entitle you to continued access to any Work Club after the cancellation effective date.

Due to the upfront discount received for annual memberships, refunds will not be issued, and your membership will remain active until the end of your contracted term. Annual memberships renew automatically for successive annual terms unless canceled prior to the renewal date.

Where you join from a waitlist, billing may begin automatically after the opt-out period stated at checkout unless you cancel before that period ends.

Payments
Switchyards may provide you with the ability to pay fees or purchase optional Services through the Site. Payments are processed by a third-party payment processor. By submitting payment information through the Site, you agree to be bound by that processor’s applicable terms in addition to these Terms. Switchyards accepts payments by credit/debit card and automated clearing house (ACH) payments, and the Site is compliant with applicable data security standards promulgated by the PCI Security Standards Council. By submitting your payment information (whether on a one-time or recurring basis), you authorize Switchyards to charge your credit card or initiate ACH debits for all fees owed to Switchyards or its affiliates. You represent that you are authorized to use the payment method you provide, and you are responsible for all charges made under it, regardless of who makes them. All fees not paid when due will incur an interest charge of 1.5% per month or the highest rate permitted by law, whichever is less. You will be subject to additional fees and/or penalties for late payments, returned checks, or other declined payments due to insufficient funds, as referenced in the License Agreement. All fees listed are exclusive of taxes unless otherwise noted, and you agree to indemnify and hold Switchyards harmless from and against any taxes levied by applicable governmental authorities (including, without limitation, sales and use taxes and value-added taxes, where applicable). Switchyards may change membership fees and other recurring charges by providing prior notice to you. Any fee increase will take effect beginning with the next billing period after the effective date stated in the notice. If you continue your membership after the effective date, you authorize the updated charges.

Work Club Availability & Closures
From time to time, Switchyards may need to close a Work Club, or part of a Work Club, temporarily or otherwise, for maintenance, repairs, private events, or reasons outside of our control. We’ll aim to keep any disruption brief and will use reasonable efforts to restore full access as soon as commercially practical. A closure does not entitle you to a refund except as stated in our refund policy above.

Membership Review Process
Where a Member’s conduct is under review for a possible violation of these Terms, the club rules (the current rules made available in a Work Club, on the Site (here https://50604449.hs-sites.com/club-rules-0), through our mobile app, or in the Member Hub) (the “Club Rules”), or the Community Guidelines (the current standards governing conduct and content in Switchyards’ Work Clubs and digital spaces), we may suspend your membership while we look into it. We’ll let you know the outcome once we’ve finished.

Club Rules & Conduct

Rules
By signing up for Switchyards, you agree to follow the Club Rules, including rules expressly stated in the guidelines and the rules that are reasonably apparent from the Work Club environment (no shirt, no shoes, etc.). These Terms and the Club Rules together form the complete membership agreement. Members and Guests must follow the current version of the Club Rules made available through our Site, app, or Member Hub. If you violate the Club Rules, your membership is may be cancelled.

If you violate rules of common courtesy or decency, then we reserve the right to cancel your membership. This includes, but is not limited to, verbal altercations with Members, Guests, or staff, lack of common respect for staff, Guest, or Members, sleeping in our spaces, leaving guests unattended, etc.

Misuse of the Club and Shared Resource
Our Work Clubs and their amenities- including phone booths, meeting rooms, and common areas- are shared resources intended for active work use by all Members. Switchyards may restrict access, limit use, or cancel a membership where a Member or their Guest: monopolizes a shared resource in a way that affects other Members; occupies a bookable room or space without a reservation; repeatedly misuses a booth, room, or amenity; uses a shared resource for a purpose it was not intended for; or otherwise uses a Work Club in a manner inconsistent with its intended purpose, including remaining in the Work Club for unusually long periods in a way that limits access for others.

Guest Policy
Invitees of a Member (each, a “Guest”) may attend a Work Club with a Member free of charge and are treated as Members while in the Work Club, subject to these Terms, the Club Rules, and the Community Guidelines. Before entering a Work Club, each Guest must complete any check-in process Switchyards requires and acknowledge that the Guest has read and agrees to these Terms, the Club Rules, and Community Guidelines. Guests must be accompanied by the Member at all times in the Work Club. Guests must be 18 years of age or older unless Switchyards, in its discretion, permits a minor to enter as a Guest; any permitted minor must be accompanied and continuously supervised by an adult Member. Each Member is responsible for the acts and omissions of the Member’s Guests, agrees to indemnify and hold harmless Switchyards and its affiliates and their employees, contractors, service providers, directors, managers, officers, agents, landlords, and representatives from and against all suits, actions, losses, claims, proceedings, demands, expenses, damages, settlements, judgments, injuries, liabilities, obligations, risks, and costs, including, without limitation, reasonable attorneys’ fees arising out of or relating to a Guest’s use of, presence at, or conduct in a Work Club, and will ensure that each Guest complies with these Terms, the Club Rules, and the Community Guidelines. If the guest policy is taken advantage of or otherwise abused, Switchyards may limit or revoke a Member’s guest privileges, require a Guest to leave, or ask that the Guest purchase a membership.

Respecting Member Privacy
Members come to Switchyards to work, not to be worked. Don’t approach, photograph, or otherwise draw attention to another Member or Guest in a way they haven’t invited- respect their space and their focus.

Being a Good Neighbor
Many of our Work Clubs operate 24/7 in shared buildings and residential neighborhoods. Please be mindful of noise and respectful of neighbors and other tenants when entering or leaving a Work Club, especially outside standard business hours.

Weapons policy
Switchyards does not allow weapons of any kind in any of our Work Clubs.

Drug and Alcohol Policy
Members are not permitted to consume alcohol in a Work Club under any circumstances (unless it is a Switchyards-sponsored event). Drug paraphernalia of any kind is not allowed in any Work Club.

Smoking and Vaping Policy
Smoking, vaping, and the use of e-cigarettes or tobacco products are not permitted inside any Work Clubs.

Filming Policy
Filming is not permitted in any public space in any Work Club, as this may impact the experience of other Members and Guests. Filming is permitted in meeting rooms and phone booths, as long as furniture is not moved and other Members’ and Guests’ experiences are not impacted.

Pet Policy
Only registered service animals are allowed in Work Clubs. Emotional support animals and pets are not permitted inside (but are welcome on outdoor patio areas unless otherwise restricted by a Work Club).

Flyers, Signage, Solicitation & Member-Hosted Activity

Membership does not include the right to use a Work Club’s walls, common areas, member audience, or the Switchyards name and brand as a promotional channel. Without Switchyards’ prior written approval, Members and Guests may not: post flyers, photographs, signs, stickers, or advertisements in a Work Club; leave promotional or marketing materials in a Work Club; host a publicly promoted meeting, seminar, or event in a club room or elsewhere in the Work Club; or use Switchyards’ branding, naming, affiliation to represent an outside group, business, or activity as affiliated with or endorsed by Switchyards.

Lost and Found Policy
Lost items will be placed in the Work Club’s lost and found and held for up to 30 days. After 30 days, Switchyards will discard unclaimed items.

Community Guidelines
These community guidelines (“Community Guidelines”) apply alongside our Club Rules and the rest of these Terms. They apply everywhere the Switchyards community shows up- in our Work Clubs, in an app, on the Member Hub, and in any Switchyards-affiliated group, channel, or event- and they cover what our Club Rules don’t: the content Members create, the conversations they have, and how everyone treats each other. Breaching these Community Guidelines may result in content being removed, restricted account or access, or cancellation of membership.

• Keep content appropriate. Switchyards is a place to work. Content that shows or describes nudity, sexual acts, or sexual content of any kind isn’t allowed in our Work Clubs or in anything shared through Switchyards’ apps or digital spaces.

• Get consent before you share. If you’re taking a photo or video in the Work Club (within our filming policy) or posting in a Switchyards digital space, make sure you have the rights to what you are sharing and the consent of anyone who appears in it. Never post images or personal information about another individual, whether a Member, Guest, or otherwise, without their permission.

• Represent Switchyards well. Say what you want about your own work. But don’t use the Switchyards name, connections you make here, or conversations you have in our spaces in a way that misrepresents, defames, or damages Switchyards.

• No illegal activity in the Work Club or online. We don’t allow the promotion or support of hate groups, terrorism, or organized crime. Offering, selling, or soliciting weapons, drugs, illicit materials, or any illegal contraband through Switchyards- in person or online- is never allowed, and neither is any other illegal activity or communication or the encouragement of the same.

• Zero tolerance for hate speech, bullying, or abuse. Threats, harassment, hateful or defamatory language, and targeting a private individual aren’t welcome- including (without limitation) any attack based on race, ethnicity, national origin, sex, gender, gender identity, sexual orientation, religion, disability, or any other protected class.

• Say something if you see something. If you see or experience anything that crosses these lines, tell us at hey@switchyards.com. We’ll look into it. If you experience criminal activity in a Work Club or otherwise feel you or another is in danger, call 911 immediately.

Access, Safety & Security
Some of our Work Clubs run 24/7 with little to no staff onsite. This section covers your access credentials, our use of cameras, and how safety and risk work in a Work Club.

Your Access Credential
Your mobile credential, key fob, or account access is yours alone. Don’t share it, let someone else use it, or allow anyone to enter without their own valid credential- that includes tailgating, propping open a secured door, or remotely admitting an unaccompanied Guest. If your credential is lost, stolen, or compromised, tell us right away at hey@switchyards.com so we can deactivate it and issue you a new one. If someone you don’t recognize asks you to let them in, don’t- even if they seem harmless or say they forgot their credential; point them to hey@switchyards.com or their own membership instead. Letting someone in is a safety risk to you and others, not just a rule we enforce. Violations of this section are treated as membership-access and safety violations and may result in cancellation.

Cameras & Your Safety
Our Work Clubs may have security cameras recording common areas for security purposes (see Audio and Visual Information below for what we collect). Cameras help us look into incidents after the fact, but they don’t prevent something from happening, and Switchyards doesn’t guarantee your safety through them. Use good judgement entering and leaving the Work Club, especially during quiet hours.

ASSUMPTION OF RISK AND RELEASE
YOU KNOWINGLY AND VOLUNTARILY ASSUME ALL RISKS OF ACCESSING OR USING ANY SWITCHYARDS WORK CLUB (INCLUDING WITHOUT LIMITATION ANY PHONEBOOTHS, MEETING ROOMS, AND COMMON AREAS), PHYSICAL PREMISES, FACILITY, AMENITY, EQUIPMENT, OR SERVICE, INCLUDING RISKS OF BODILY INJURY, ILLNESS, DISABILITY, DEATH, PROPERTY DAMAGE, OR OTHER LOSS. THESE RISKS INCLUDE, WITHOUT LIMITATION, RISKS ARISING DURING UNSTAFFED OR OTHER 24/7 HOURS; FROM THE CONDITION, MAINTENANCE, DESIGN, OR USE OF THE PREMISES OR FACILITIES; FROM YOUR OWN ACTS OR OMISSIONS; AND FROM THE ACTS OR OMISSIONS OF OTHER MEMBERS, GUESTS, INVITEES, VENDORS, STAFF, OR OTHER THIRD PARTIES, INCLUDING ASSAULT, THEFT, CRIMINAL ACTIVITY, OR OTHER UNEXPECTED EVENTS. TO THE FULLEST EXTENT PERMITTED BY LAW, YOU, ON BEHALF OF YOURSELF AND YOUR HEIRS, HEREBY RELEASE AND DISCHARGE SWITCHYARDS AND ITS AFFILIATES, AND THEIR EMPLOYEES, CONTRACTORS, SERVICE PROVIDERS, DIRECTORS, MANAGERS, OFFICERS, REPRESENTATIVES, LANDLORDS, AND AGENTS, FROM ALL CLAIMS ARISING OUT OF OR RELATING TO THOSE RISKS, INCLUDING CLAIMS FOR PERSONAL INJURY, DEATH, PROPERTY DAMAGE, OR LOSS. THIS RELEASE DOES NOT APPLY TO A CLAIM THAT CANNOT LAWFULLY BE RELEASED OR WAIVED.

Facility Use, Risk & Reporting
Use of phone booths, meeting rooms, common areas, and any other Work Club facility is at your own risk. Switchyards is not responsible for any injury, loss, or damage you or your Guest incur except to the extent caused by Switchyards’ gross negligence or willful misconduct, in each case to the extent such limitation is permitted by applicable law. Switchyards staff, vendors, and authorized personnel may enter a Work Club at any time for safety, maintenance, or operational reasons. If you have a medical emergency or feel unsafe in a Work Club, call 911 (or your local emergency number) first, then let us know at hey@switchyards.com. If you or a Guest is injured, or something happens that could create a safety issue, report it to us as soon as possible- ideally within 24 hours- since our Work Clubs are often unstaffed and this is the only way we will know.

Personal Property
Switchyards does not assume responsibility for any loss, theft, or damage to personal property brought into, stored in, or left in any Work Club by a Member or Guest, regardless of cause, including without limitation acts or omissions of other Members, Guests, or third parties, except to the extent caused by Switchyards’ gross negligence or willful misconduct solely to the extent such exception is required by applicable law. Members and Guests are responsible for securing their own property and should carry insurance sufficient to protect their property and for related risks.

Digital Services & App Content

License Agreement
The Services and password-protected portions of the Site, and any paid access to a Work Club, are available only to Licensees who have entered into a current License Agreement with Switchyards, and to the employees and authorized users of those Licensees as provided in the applicable License Agreement. If you are not subject to a current License Agreement, you may visit only publicly accessible portions of the Site and may not access a Switchyards Work Club unless separately authorized by Switchyards, including as a Guest.

User Accounts
When you join Switchyards and register your online account, Switchyards will provide you with user credentials (such as a username and password) to access the non-public portions of the Site. You agree not to give these credentials to anyone else or allow anyone else to use or access the private portal and other protected content. When registering for your account, you must provide true, accurate, current, and complete information about yourself, and you must continue to maintain and update the information you have provided so that it remains true, accurate, current, and complete so long as you continue to use the Site. Anonymous or false identities are not allowed on the Site.

Club Wi-Fi and Internet Use
Club Wi-Fi is a shared network. Switchyards does not guarantee continuous connectivity or the security of any network, device, or data. You are solely and exclusively responsible for protecting your own sensitive information and for the security of your own devices while using a Work Club’s network. You acknowledge and agree that Switchyards will not be liable or responsible for any loss of data or connection you experience while you use a Work Club’s network. Illegal downloads, network interference, and the use of malicious devices or software are prohibited.

Ownership
Each of us shall maintain all rights, title and interest in and to all our respective patents, inventions, copyrights, trademarks, domain names, trade secrets, know-how and any other intellectual property and/or proprietary rights (collectively, “Intellectual Property Rights”). The rights granted to you to use the Site or the Service under these Terms do not convey any additional rights in the Site or the Service, or in any of our Intellectual Property Rights whether associated with the Site, a Service, or otherwise.

Information You Provide
You own the information you provide Switchyards or input on third party websites through the Services. You grant Switchyards a nonexclusive, revocable, worldwide, perpetual right to use, copy, prepare derivative works of, distribute, modify, adapt, publish, remove, retain, add, process, or analyze the foregoing described information. By providing information to us or to third parties through the Site or the Services, you represent and warrant that you are entitled to and authorized to submit the information and that the information is accurate, not confidential, and not in violation of any contractual restrictions or other third party rights.

Royalty Free Right
Switchyards shall have a nonexclusive, royalty-free, fully paid up, worldwide, transferable, sub-licensable, irrevocable and perpetual license to incorporate into the Site or the Services or otherwise use any suggestions, enhancement requests, recommendations or other feedback we receive from you without payment or attribution.

Limited License
Upon registering for the Site or the Services and upon the condition that you comply with all of your obligations under these Terms, Switchyards grants you a non-exclusive, non-transferable, revocable license to access and use the Services (for the particular subscription purchased) and the Site, strictly in accordance with these Terms and subject to all the limitations set forth in these Terms.

Confidentiality
In the course of using the Site or the Services, you may be exposed to information of a confidential or proprietary nature belonging to Switchyards, including but not limited to information regarding the Services and related technology, or information regarding Switchyards’ business, financial, or marketing activities. You agree that you will not disclose any such information to any third party without Switchyards’ express consent, and that you will not use such information except as expressly authorized by Switchyards.

User-Submitted Content
The Site may include interactive and social networking features through which members can submit images, audio or visual content, reviews, posts, comments, messages, links, favorites, or the like. The Site may also include features that allow non-members to send email and other types of messages to Switchyards. You understand that such content may be made available to other members or the public, and that such content will not be deemed confidential. You acknowledge, understand, and agree that we are not responsible for content posted by any user, including content that violates these Terms, and you browse the Site at your own risk. The display of user-submitted content on the Site does not constitute an endorsement of any such content or the user. You remain responsible and liable for any content you submit using the Site. You may not submit any content that is offensive, threatening, harmful, infringing of another’s proprietary rights, unlawful, or otherwise objectionable in Switchyards’ sole discretion. By submitting content, you represent and warrant that such content is truthful, accurate, and complete in all respects, that it does not violate these Terms, and that you own or otherwise have adequate rights to submit such content. Switchyards respects copyright laws and will remove the content of, or deny access to, any user that is found to be uploading infringing content.

Third-Party Content
The Site may include access to content created, owned, or controlled by third parties (including you or other members). The Site may also link to third parties’ websites. While we may make these available to you, they are not under our control and we are not responsible for their content, nor do we guarantee their accuracy or availability to you. You may be required to agree to such third parties’ terms and conditions in order to use or access their content or websites. Accordingly, we encourage you to review the terms of use and privacy policies, if any, associated with third-party content or websites.

Your Content
For any content you post to any public area of the Site or communicate to us as feedback or suggestions regarding the Site or Services (excluding personal information submitted during account registration and confidential payment information), you grant us an unrestricted, nonexclusive, perpetual, royalty-free, irrevocable, transferable, worldwide right and license to use, reproduce, modify, adapt, translate, display, publish, transmit, and distribute such content in any form, medium, or technology now known or later developed, without further compensation, consideration, attribution, or notice, including to incorporate your comments or suggestions into improvements and future versions of our Site and Services.

DMCA Notices
The Digital Millennium Copyright Act of 1998 (DMCA) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that any material used or displayed on the Site infringes your copyright, you (or your agent) may send us a notice requesting that the material be removed, or access to it blocked. Notices shall include the following information: (i) a physical or electronic signature of a person authorized to act on behalf of the copyright owner; (ii) identification of the copyrighted work claimed to have been infringed; (iii) identification of the material that is claimed to be infringing; (iv) information reasonably sufficient to permit us to contact you, such as your address, telephone number, and/or email address; (v) a signed statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright or other proprietary right owner, its agent, or the law; and (vi) a statement that the information in the notification is accurate, and under penalty of perjury, that you are the copyright owner or are authorized to act on behalf of the copyright owner. All DMCA notices shall be submitted to:

Switchyards Inc.

151 Ted Turner Dr. NW

Atlanta, GA 30303

Prohibited Conduct
You shall not directly or indirectly or permit a third party to:

• modify, alter, reverse engineer, or create derivative works of the Site, the Site’s contents, or the Services;

• distribute to third parties or publicly display the Site or its contents or use any portion thereof for commercial purposes, except as expressly authorized in these Terms or your applicable License Agreement;

• scrape, copy, download, use, or distribute (whether or not for commercial purposes) any other Member’s personal information or content or any list or directory of Members;

• send other Members or users of the Site spam, surveys, contests, chain letters, pyramid schemes, or other unsolicited bulk or junk messages;

• remove, modify, or obscure any copyright, trademark, or other proprietary notice on the Site or Services or contained in any Site contents;

• attempt to (i) gain access to any portion of the Site or Services for which you do not have authorized access, (ii) interfere with or interrupt the operation of the Site or Services (including without limitation through denial of service attacks), or (iii) harm Switchyards or any user of the Site, through hacking, data mining, the use of viruses or other malware, or any other means; or

• otherwise use or access the Site, its contents, the Servies, or any connected network, system, or database, in any way not authorized by these Terms or in violation of any law.

Areas of the Site or specific Services may have different and/or additional terms of use posted. If there is a conflict between these Terms and terms of use posted for a specific area of the Site or Service, the latter shall have precedence with respect to your use of that area of the Site or Service.

Privacy & Data

Privacy Policy
Your privacy is important to us. How we collect and use your information is described in our privacy policy, which is available at https://www.switchyards.com/privacy and is incorporated into these Terms by this reference.

Audio and Visual Information
We may collect audio and visual information when you are using a Work Club. For example, closed circuit video surveillance cameras (“CCTV”) may be installed at some of our retail locations to monitor building security and assist in crime prevention, detection, and investigation, and to ensure the safety of our staff and visitors to the Work Clubs.

These CCTV cameras may collect audio, visual, and similar information and may assist in member identification, access control, and enforcement of the Club Rules, these Terms, and Community Guidelines. By entering or using a Work Club, you consent, to the fullest extent permitted by law, to audio recording and monitoring in areas subject to CCTV or other recording, including where applicable law requires two-party or all-party consent, and you agree not to engage in conversations you expect to be private in such areas.

Legal Terms

Indemnification
You agree that you remain responsible for the content that you submit or send using the Site. You agree to indemnify and hold harmless Switchyards and its affiliates, and their employees, contractors, service providers, directors, managers, officers, landlords, agents, and representatives, from and against all suits, actions, losses, claims, proceedings, demands, expenses, damages, settlements, judgments, injuries, liabilities, obligations, risks, and costs, including, without limitation, reasonable attorneys’ fees arising from or in connection with: (i) your content; (ii) your use of the Site or Services; (iii) your use of, presence in, or conduct at a Work Club; (iii) your violation or infringement of any right of a third party or any applicable law in connection with the Site, the Services, or any Work Club; (iv) any property damage or personal injury caused by your acts or omissions; or (v) your breach of these Terms and/or any Club Rules. We reserve the right, at your expense, to assume the exclusive defense and control of any matter which you are required to indemnify against, and you agree to cooperate in our defense of such matter. This indemnification will survive any termination of these Terms.

Disclaimer of Warranties
THE SITE, THE SERVICES, THE WORK CLUBS, THE PHYSICAL PREMISES, FACILITIES, AMENITIES, EQUIPMENT, ACCESS CREDENTIALS, NETWORKS, AND ALL CONTENT THEREIN, AND ANY PRODUCTS AND SERVICES OFFERED THROUGH THEM, ARE PROVIDED ON AN “AS-IS” AND “AS-AVAILABLE” BASIS, WITHOUT WARRANTY OF ANY KIND. SWITCHYARDS AND ITS LICENSORS AND SUPPLIERS EXPRESSLY DISCLAIM AND EXCLUDE TO THE FULLEST EXTENT PERMITTED BY LAW ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT AND ANY WARRANTIES OTHERWISE ARISING FROM A COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE. SWITCHYARDS DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS OF CORRECTNESS, COMPLETENESS, ACCURACY, RELIABILITY, AVAILABILITY, SUPPORT, TIMELINESS, CONDITION, CLEANLINESS, SECURITY, SAFETY, OR PERFORMANCE WITH RESPECT TO THE SITE, SERVICES, WORK CLUBS, PHYSICAL PREMISES, FACILITIES, AMENITIES, EQUIPMENT, NETWORKS, OR THEIR USE. SWITCHYARDS DOES NOT WARRANT THAT ANY WORK CLUB, PREMISES, FACILITY, AMENITY, EQUIPMENT, ACCESS CREDENTIAL, SECURITY MEASURE, OR CAMERA SYSTEM WILL BE AVAILABLE, ERROR-FREE, SECURE, FREE OF HAZARDS OR UNAUTHORIZED PERSONS, OR SUFFICIENT TO PREVENT CRIMINAL ACTIVITY, INJURY, LOSS, OR DAMAGE, OR THAT YOUR PERSONAL SAFETY OR PROPERTY WILL BE PROTECTED. SWITCHYARDS MAKES NO WARRANTY THAT THE SITE, THE SERVICES, OR WORK CLUBS WILL MEET YOUR OR ANYONE ELSE’S NEEDS OR BE ERROR FREE OR ACCURATE. ANY REPRESENTATION OR WARRANTY NOT EXPRESSLY CONTAINED HEREIN WILL NOT BE ENFORCEABLE.

Limitations of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, AND NOTWITHSTANDING ANY OTHER PROVISION OF THESE TERMS, IN NO EVENT WILL SWITCHYARDS, OR ANY OF ITS AFFILIATES AND THEIR EMPLOYEES, CONTRACTORS, SERVICE PROVIDERS, DIRECTORS, MANAGERS, OFFICERS, AGENTS, LANDLORDS, AND REPRESENTATIVES BE LIABLE UNDER OR IN CONNECTION WITH THESE TERMS OR THE SITE, SERVICES, WORK CLUBS, PHYSICAL PREMISES, FACILITIES, AMENITIES, EQUIPMENT, ACCESS CREDENTIALS, NETWORKS, GOODS, OR YOUR OR ANY GUEST’S PRESENCE AT OR USE OF THEM, FOR ANY INDIRECT, SPECIAL, EXEMPLARY, PUNITIVE, INCIDENTAL, ENHANCED, OR CONSEQUENTIAL DAMAGES, WHETHER IN CONTRACT, IN TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, INCLUDING FOR LOSS, CORRUPTION, OR INACCURACY OF DATA, LOST PROFITS, LOST BUSINESS, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, LOSS OF OR DAMAGE TO PERSONAL PROPERTY, BODILY INJURY, DISABILITY, ILLNESS, DEATH, OR LIABILITY OR INJURY TO THIRD PERSONS, WHETHER FORESEEABLE OR NOT AND REGARDLESS WHETHER SWITCHYARDS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THESE TERMS, SWITCHYARDS’ (INCLUDING ANY OF ITS AFFILIATES) AGGREGATE LIABILITY, FOR DAMAGES (MONETARY OR OTHERWISE) UNDER THESE TERMS CLAIMED BY YOU OR ANY THIRD PARTY ARISING FROM OR RELATING TO THE SITE, SERVICES, WORK CLUBS, PHYSICAL PREMISES, FACILITIES, AMENITIES, EQUIPMENT, ACCESS CREDENTIALS, NETWORKS, OR GOODS, SHALL BE LIMITED TO THE LESSER OF (I) ACTUAL DAMAGES INCURRED, OR (II) PAYMENTS MADE BY YOU FOR THE GOODS OR SERVICES FROM WHICH LIABILITY AROSE DURING THE SIX (6) MONTHS PRECEDING THE FIRST EVENT GIVING RISE TO LIABILITY. THE EXISTENCE OF MULTIPLE CLAIMS WILL NOT ENLARGE THIS LIMIT. THIS LIMITATION WILL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.

Changes to the Site or these Terms
The Site and Services and any of their features or content are subject to change from time to time. These Terms and the Club Rules may be amended by Switchyards at any time and you should review them regularly. The “Last Modified” date at the top of these Terms will reflect the date we last modified these Terms. If changes to these Terms or Club Rules are significant, we will make reasonable efforts to notify you of the modified Terms. If you do not accept the modified Terms, we may terminate your membership and/or your access to the Site or Services, and if you continue to use the Site, Services, or any Work Club after receiving notice, such use will constitute your acceptance of the modified Terms and Club Rules.

Governing Law
This Site originates from the State of Georgia, USA. Switchyards makes no representation that any content will be available or legal in other locations. You agree to comply with all applicable laws governing your use of the Site. You may not access, download, use or export materials posted to the Site in violation of the export laws or regulations applicable to your or our jurisdiction.

These Terms shall be governed by and construed in accordance with the laws of the State of Georgia, without regard to rules or principles regarding conflicts of laws. Any action or proceeding arising out of or relating to these Terms must be brought exclusively in the state or federal courts located in Atlanta, Georgia. Each party irrevocably consents and waives objection to personal jurisdiction and venue in, and agrees to service of process issued by, any such court in any such action or proceeding.

General Provisions

Entire Agreement
These Terms, together with any applicable License Agreement, the Club Rules, and the Community Guidelines, constitute the final, complete, and exclusive agreement of the parties relating to the use of the Site and the Services and access to and use of the Work Clubs and facilities, and supersede and merge all prior discussions between the parties. A written agreement signed by Switchyards supersedes these Terms only to the extent expressly provided in that agreement and as addressed in the Order of Precedence clause below. Switchyards will not be deemed to have entered into any contract or agreement on the basis of industry custom or standards or on the basis of any communications that do not result in an express written agreement signed by Switchyards. Absent an express written agreement signed by Switchyards, Switchyards will have no liability to any party. Switchyards is under no obligation to negotiate any transaction with you, including without limitation, any lease or sale of real property, and may terminate in its sole and absolute discretion any ongoing negotiations.

Order of Precedence
If there is a conflict among the documents governing your relationship with Switchyards, the following order of precedence applies: (1) the License Agreement, but only as to the subject matter it expressly addresses; (2) these Terms; (3) the Club Rules; and (4) the Community Guidelines. The Club Rules and Community Guidelines may establish or change operational, safety, and conduct requirements, but they do not amend these Terms, change fees or membership terms, or create a lease, tenancy, or property interest unless expressly stated in a written License Agreement signed by Switchyards.

Force Majeure
Switchyards will not be liable or responsible for any delay, interruption, closure, restriction, or failure to perform resulting from causes beyond its commercially reasonable control, including acts of God, natural disasters, severe weather, fire, flood, epidemic or pandemic, labor disputes, utility or internet outages, security incidents, civil unrest, war, terrorism, governmental orders, or failures, acts, or omissions of suppliers, service providers, landlords, or building owners. Switchyards may suspend, modify, or limit, in whole or in part, access to and/or use of the Site, Services, Work Clubs, or facilities for the duration of the event without liability, and any affected performance obligation will be excused or extended for the period reasonably necessary.

Electronic Communications and Signatures
You consent to receive notices, disclosures, records, and other communications from Switchyards electronically, including by email, in-app message, Member Hub, or posting on the Site. You agree that electronic communications satisfy any legal requirement that a communication be in writing. You may sign, accept, or authorize agreements and transactions electronically, and your electronic signature or acceptance has the same force and effect as a handwritten signature. You may withdraw consent by contacting Switchyards at hey@switchyards.com, but doing so may require Switchyards to suspend or terminate access where electronic delivery is necessary.

Notices
Notices to you may be delivered to the email address or mailing address associated with your account, through the Site, app, or Member Hub, or by posting on the Site. You must send notices to Switchyards Inc., 151 Ted Turner Dr. NW, Atlanta, GA 30303, and hey@switchyards.com, unless a different address is specified in a License Agreement or notice from Switchyards. Email notices are effective when sent unless the sender receives a delivery failure message; mailed notices are effective three business days after being sent; and posted notices are effective when posted.

Real Estate Brokers.
You warrant and represent to Switchyards that you are not a real estate broker, finder or any other person acting on behalf of a landlord or property owner for a fee or commission. You further warrant and represent that absent an express written agreement signed by Switchyards, you will not seek any fee or commission from Switchyards related to any transaction, including without limitation, the lease or sale of real property. You further agree that absent an express written agreement signed by Switchyards, if anyone makes a demand on Switchyards for a fee or commission related to your involvement in the sale or lease of real property, you will indemnify and hold harmless Switchyards from and against all such fees and commissions.

Rights and Remedies
The rights and remedies provided to Switchyards in these Terms are cumulative and in addition to any other rights and remedies available to it at law or in equity.

Assignment
You may not assign, transfer, convey or delegate your rights or duties under these Terms without Switchyards’ express prior written consent. Switchyards may assign, transfer, convey, or delegate its rights or duties under these Terms in its sole discretion. Subject to the foregoing, these Terms shall inure to the benefit of each party’s permitted successors and assigns.

Severability
In the event that any provision of these Terms shall be determined to be illegal or unenforceable, that provision will be limited or eliminated to the minimum extent necessary so that all other provisions shall otherwise remain in full force and effect and enforceable.

Survival
The provisions concerning indemnification; ownership and other intellectual property rights; information, content, and feedback licenses; confidentiality; disclaimers of warranty; limitations of liability; assumption of risk and release; governing law; force majeure; and any other provisions that by their nature should survive will survive any expiration, termination, or cancellation of these Terms, your membership, or your License Agreement.

Limitation on Claims
To the fullest extent permitted by applicable law, any claim or cause of action arising out of or relating to these Terms, the Site, the Services, a Work Club, or any facility or transaction must be commenced within one year after the claim or cause of action first accrued, except to the extent a longer period cannot lawfully be limited; otherwise, it is permanently waived and barred.

No Third-Party Beneficiaries
Except for Switchyards’ affiliates and the other indemnified parties expressly identified in these Terms, who are intended third-party beneficiaries of the protections granted to them under these Terms, these Terms do not confer any rights, benefits, or remedies on any person or entity other than you and Switchyards.

No Waiver
If Switchyards doesn’t enforce a provision of these Terms, that doesn’t waive our right to enforce them later.

Accuracy
Information on our Site or app- including pricing, Work Club locations, hours, and descriptions- may contain typographical errors or omissions. Switchyards may correct these and update information at any time without prior notice.

Relationship of the Parties.
You and Switchyards are independent contractors; nothing herein will be construed to create a partnership, joint venture, or agency relationship between you and Switchyards, and neither party by virtue of these Terms will have any right, power, or authority to act or create any obligation, expressed or implied, on behalf of the other party.

Headings.
The section headings used in these Terms are for convenience of reference only and shall not affect interpretation.

Still Have Questions?
You can contact us via email at: hey@switchyards.com