The Beach Off 111

The Beach Off 111

Terms

Membership Terms. The Membership Agreement, version 2026-09-15.

This Membership Agreement (the "Agreement") is entered into by and between The Beach Off 111 LLC, an Illinois limited liability company ("The Beach"), and the undersigned individual ("Member"). Where this Agreement refers to "Management", it means The Beach acting through its owners and managers.

The Beach Off 111 LLC is registered at 4132 Pontoon Road, Pontoon Beach, Illinois 62040. The building and the room in which memberships are provided (the "Space") are located at 4132 Pontoon Road, Granite City, Illinois 62040. Both are in Madison County, Illinois.

"Opening Day" means the first day The Beach is open to members.

Notices and communications to The Beach shall be directed to hello@beach111.com.

In consideration of the mutual covenants contained herein, and Member's payment of all applicable membership fees, the parties agree as follows.

Execution and Assent

Where Member accepts this Agreement on the website, Member does so by ticking the box on the claim page; the checkout step follows it. That tick constitutes Member's signature and assent to this Agreement, and the version of this Agreement accepted, together with the date and time of acceptance, is recorded with Member's reservation. Where Member executes this Agreement on paper, Member signs the last page.

1. Membership Selection

Member hereby selects the following membership:

Pop-In Membership — $149 per month. A desk within the shared workspace: frosted walls on three sides, open at the front, with four feet of desk. Desks are not assigned: a Pop-In Member may use any desk that is free on arrival, and The Beach does not owe a Pop-In Member any particular desk. Includes two (2) hours of conference room use per month.

Booth — $399 per month. A dedicated Booth in the room of eight off the main floor: frosted screens on three sides, open at the front, with Member's own desk and drawers. Includes two (2) hours of conference room use per month.

The Space holds forty-two (42) positions: twenty-five (25) desks, eight (8) Booths and nine (9) seats at the bar top and in the lounge.

Booths are numbered on the floor plan and are assigned. A Booth Member's position is recorded when Member claims it and is Member's to use, not Member's to possess, in accordance with Sections 25 and 27. Desks are numbered on the floor plan for reference only; no desk is assigned to any Member, and no Member acquires a position in a desk.

2. Membership Term and Payment Schedule

Each membership shall be established for a three (3) month membership term. At the conclusion of each three-month term, the membership shall renew automatically for an additional three (3) month term at the same rate, save that a rate may be modified in accordance with Section 35, and unless cancelled in accordance with the cancellation provisions of this Agreement.

Membership fees are billed and payable monthly during the membership term: one charge each month, on the same day of each month, to the card on file. The membership term begins on the date Member accepts this Agreement and the first month's fee is charged.

Payment is made on Stripe's checkout page and not on The Beach's own website. The Beach does not see or store Member's card number.

Member's card remains on file with The Beach's payment processor, and Member authorizes The Beach to charge that card for Member's monthly membership fee at the rate selected under Section 1 (or as modified on notice under Section 35), on Member's monthly payment date, being the same day of each month as the day the membership term began, from the month following the first month's fee and continuing during the membership term and each renewal of it. This authorization remains in effect until Member's membership ends under this Agreement, and Member may withdraw it by cancelling under Section 3 or by stopping the renewal under this Section; no charge shall be made for any period after the membership ends.

Amounts other than membership fees that become due under this Agreement, including conference room charges under Section 11, printing charges under Section 10 and any amount under Sections 23 or 24, shall be invoiced to Member and shall not be charged to the card on file without Member's separate authorization.

Automatic renewal. Member's membership renews automatically at the end of each three-month term for a further three-month term at the same rate, save that a rate may be modified in accordance with Section 35. The Beach shall email Member before each renewal, stating the renewal date, the rate and how to stop the renewal. One message to hello@beach111.com, or written notice given in any other manner permitted by Section 3, stops the renewal, and Member need give no reason. A message stopping the renewal takes effect at the end of the current membership term whenever in that term it is sent; the membership then ends with the term, no further charge shall be made, and the fifteen-day notice period in Section 3 shall not apply to a message stopping the renewal.

The establishment of a three-month membership term does not prohibit Member from cancelling prior to the expiration of that term. Member may terminate the membership at any time by providing the written notice required by Section 3.

Upon the effective date of a properly submitted cancellation, Member shall have no obligation to make membership payments attributable to any period following the effective cancellation date.

3. Cancellation

Member may cancel membership at any time by providing Management with no less than fifteen (15) days' prior written notice.

For purposes of this Agreement, written notice from Member may be provided by email to hello@beach111.com, by text message to a telephone number Management has given Member for that purpose, or by written correspondence delivered to Management at the registered address stated above. Email to hello@beach111.com is always sufficient. Management shall acknowledge a notice of cancellation in writing; a Member who has not received an acknowledgment within a reasonable time should resend the notice by email.

Cancellation shall become effective fifteen (15) days after Management receives Member's written notice, or on any later date that notice specifies, unless Member and Management mutually agree in writing to another effective date.

A notice of cancellation received during the final fifteen (15) days of a membership term shall be treated as a message stopping the renewal under Section 2: the membership shall end with the current term and no charge shall be made for the following term.

Member shall remain responsible for all membership fees and other amounts becoming due through the effective date of cancellation. A monthly charge that falls due before the effective cancellation date is owed in full. No recurring membership payment shall be owed for any period following the effective cancellation date.

Refunds after Opening Day. Once The Beach has opened, the monthly billing period in which Member cancels, running from Member's monthly payment date to the next, is non-refundable. There are no partial-month refunds. This Section does not limit the refund or credit of unused prepaid time that The Beach itself owes under Sections 5, 28, 29 and 33. Every refund under this Agreement shall be made to the card with which the refunded amount was paid; the time taken for the credit to appear is determined by Member's card issuer and not by The Beach.

A Member's failure to make a scheduled payment, discontinuation of use of the Space, absence from the Space, or deactivation of an access credential shall not constitute notice of cancellation. Not paying is not cancelling.

Accordingly, if Member ceases making payments without providing the required written cancellation notice, the membership shall remain subject to the delinquency and default provisions of Section 4.

Cancellation does not waive or discharge any unpaid amounts that became due prior to the effective cancellation date.

4. Membership Fees; Delinquency; Suspension

Membership fees are due on Member's monthly payment date, being the same day of each month.

No late fee shall be assessed. Failure to timely pay any membership fee or other amount due under this Agreement shall nonetheless constitute a breach of this Agreement.

If a payment does not go through, the following shall apply, in this order:

  1. The Beach shall email Member at the address on file to advise that the payment failed. The Beach may re-attempt the charge to the card on file.
  2. If the amount remains outstanding ten (10) days after that email, Management may suspend Member's access privileges, including by deactivating Member's access code, until the amount is paid.
  3. If the amount remains outstanding thirty (30) days after its due date, Management may cancel Member's membership, deactivate all access credentials, revoke Member's right to use any Booth, desk or other workspace previously assigned or made available to Member, and offer that position to another person.

Upon cancellation by Management for nonpayment, no further membership fees shall be charged to Member. Any amount that became due before the cancellation remains due. Cancellation by Management for nonpayment shall not relieve Member of amounts already due under this Agreement, but Member shall have no liability for membership fees attributable to any period after the cancellation.

For avoidance of doubt, cancellation for nonpayment under this Section is distinct from a voluntary cancellation submitted by Member in accordance with the fifteen (15) day cancellation provision of Section 3. A Member who timely submits proper written cancellation remains responsible only for amounts due through the effective cancellation date as otherwise provided herein.

Disputed charges. A Member who believes a charge is incorrect shall notify Management in writing, identifying the charge and the reason, and Management shall review the charge and respond in writing. Member agrees to give Management that opportunity before disputing the charge with Member's card issuer. An amount that Management confirms in writing to be correct, and that Member then reverses through the card issuer, shall be treated as an unpaid amount under this Section.

Reinstatement. A Member whose membership has been cancelled for nonpayment may, within fifteen (15) days following cancellation and upon bringing all outstanding amounts current, request reinstatement at the rate Member was paying. Any reinstatement shall be subject to Management's approval, in Management's discretion, and to the availability of the membership level concerned. Management shall have no obligation to hold, reserve or restore Member's former Booth or other assigned position during that fifteen-day period.

If reinstatement is approved within the fifteen-day period, Member shall be required to bring all outstanding amounts current before access is restored.

If Member does not reinstate within such fifteen-day period, any subsequent membership shall be treated as a new membership, subject to then-current availability, pricing, terms and payment requirements.

No proration. Membership fees shall not be prorated as a result of Member's nonpayment, suspension, loss of access under this Section, absence, or voluntary non-use of the Space. Days on which Member's access code is off because a payment is outstanding are not credited or refunded.

5. Non-Renewal, Early Termination and Closure by The Beach

The Beach may elect not to renew Member's membership at the end of a membership term by giving Member at least thirty (30) days' prior written notice. The Beach may terminate Member's membership before the end of a membership term, for reasons other than Member's conduct, by giving Member at least sixty (60) days' prior written notice. If The Beach closes the Space permanently, the same notice periods shall apply: at least thirty (30) days' prior written notice where the closure coincides with the end of Member's membership term, and at least sixty (60) days' prior written notice where it ends the membership before the end of the term.

Upon any non-renewal, early termination or closure under this Section, The Beach shall refund to Member any prepaid membership fees attributable to time Member did not use, calculated to the day, and nothing further shall be owed by Member for any period thereafter.

6. Access to the Space

Subject to this Agreement, Member shall be permitted access to the Space between 6:00 a.m. and 8:00 p.m., seven (7) days per week.

Outside those hours the Space is closed. Member shall not enter the Space outside those hours, and shall have left the Space by 8:00 p.m., absent prior written authorization from Management. Access codes may be scheduled to operate only during the hours of access. Management shall announce a scheduled closure, including any holiday closure, to Members in advance by email, and an unscheduled closure as soon as reasonably practicable.

Management reserves the right to temporarily restrict, modify or suspend access to the Space, or to any part of it, when reasonably necessary for maintenance, repair, cleaning, safety, security, utility interruptions, emergencies, inclement weather or other operational circumstances. Management shall give Member as much notice as is reasonably practicable. A temporary restriction under this Section shall not constitute a breach of this Agreement and shall not, standing alone, entitle Member to any refund, credit, offset or damages; a closure exceeding thirty (30) consecutive days is governed by Section 29.

7. Access Credentials and Security

Any access code, key, credential or other means of entry issued to Member is personal to Member and shall remain strictly confidential and non-transferable.

Member shall not disclose, share, lend, duplicate, publish, transmit or otherwise make an access credential available to any third party without Management's prior authorization.

Unauthorized sharing or disclosure of an access credential shall constitute a material breach of this Agreement and may result in immediate termination of access and membership privileges without prior notice.

Upon termination for the unauthorized sharing of an access credential, the membership fee for the current monthly billing period shall be forfeited and shall not be refunded; no membership fee shall be charged for any period thereafter, including the remainder of the three-month term; and Member shall remain responsible for the reasonable cost of re-keying or re-coding the door and for any amounts otherwise due under this Agreement.

Management may modify, replace or deactivate access credentials at any time when reasonably necessary for security or operational purposes. Member shall notify Management promptly if Member believes an access credential has been lost, stolen or disclosed, and Management shall reset or reissue it. Any physical key, fob or card issued to Member remains the property of The Beach and shall be returned to Management on or before the last day of membership.

The Beach shall not collect, capture or use a fingerprint, face geometry, voiceprint or other biometric identifier of Member, whether as a means of entry or through the video surveillance described in Section 17, except with Member's separate written consent given in accordance with applicable law.

8. Guests and Third-Party Access

Membership privileges are personal to Member.

Guests are not permitted in the Space. The one exception is the attendees of a conference room meeting Member has booked under Section 11, who shall arrive with Member and leave with Member. This limit reflects the occupancy permitted by the fire code and the shared nature of the floor.

Member shall not permit clients, employees, contractors, family members, friends or other third parties to enter or use the Space through Member's access credentials, and no guest shall be issued an access code or assigned a workspace. A guest visit does not constitute a membership and confers no membership privileges.

To the extent required by applicable law, a person who accompanies Member to assist Member on account of a disability, including an interpreter or a personal-care attendant, may remain with Member in the Space for as long as Member is present and is not subject to the limits on guests in this Section. Such a person acquires no membership privileges and no access credential of his or her own, shall observe the House Rules, and Member shall be responsible for that person's conduct as for a guest.

Persons attending a properly booked conference room meeting may be permitted in the Space in accordance with Management's then-current conference room policies. Authorization to attend a conference room meeting does not grant such person access to Member-only coworking areas or otherwise confer membership privileges.

Member shall be responsible for the conduct of Member's guests for the whole of the time they are in the Space, and Management may require any guest to leave the Space at any time. A guest under eighteen (18) years of age shall remain in Member's immediate company and under Member's supervision at all times while in the Space or on the property.

9. Eligibility

Membership is limited to individuals eighteen (18) years of age or older.

Management reserves the right to require reasonable identification for purposes of confirming identity, age, account ownership or the security of the Space. Management shall inspect such identification and shall not copy or retain it.

Membership is offered, and this Agreement is administered, without discrimination on any basis prohibited by the Illinois Human Rights Act, the Americans with Disabilities Act or other applicable law, and every discretion reserved to Management under this Agreement shall be exercised accordingly.

10. Amenities; Printing Services

Subject to availability, operational conditions and the terms of this Agreement, membership includes reasonable access to certain complimentary amenities, which may include:

Amenities are incidental to membership and are not guaranteed to remain continuously available.

Temporary interruption, depletion, malfunction, modification or discontinuation of an amenity shall not constitute a breach of this Agreement or entitle Member to any refund, credit, offset or other compensation. A prolonged closure of the Space is governed by Section 29.

Printing. Printing services are an amenity of membership. A person admitted on a day pass is not a Member under this Agreement and receives no printing services under this Section. Member shall use the printing services sensibly. Management may establish a reasonable monthly printing allowance upon prior written notice to Member; any such allowance shall be set out in that notice, and any unused allowance shall expire at the end of each monthly billing period and shall not accumulate, transfer or have cash value. No charge for printing beyond the allowance shall be made to Member unless Member has agreed to that charge in writing beforehand; absent such agreement Management may decline printing beyond the allowance. Management reserves the right to restrict excessive, abusive, unlawful or unusually high-volume printing.

11. Conference Room Use

The conference room has ten (10) chairs. Conference room privileges are allocated according to membership level as follows:

Pop-In Membership: two (2) complimentary hours per monthly billing period.

Booth membership: two (2) complimentary hours per monthly billing period.

Asking for a time. Member asks for the conference room on The Beach's conference room request page, giving a day, a start time, the number of hours, Member's name, Member's email address and Member's telephone number, and may say what the booking is for. A start time falls on the hour or the half hour, a booking runs from one (1) to eight (8) whole hours, and a booking ends by the hour at which the Space closes under Section 6. A day up to ninety (90) days ahead may be asked for.

A request is not a booking. The Beach answers a request by email, and may confirm it or decline it. Until The Beach answers, the time is not held. When The Beach confirms a request, the booking is entered on the designated conference room calendar, the hour is held for Member, and the request page shows that hour as taken once the hour falls within the period that page displays. Member shall have no right to occupy or use the conference room unless the applicable date and time have been confirmed by The Beach and entered on that calendar. Conference room use remains subject to availability and Management's then-current scheduling and reservation procedures.

Conference room use beyond the applicable complimentary allowance shall be charged at the then-current hourly rate, presently $25.00 per hour. The conference room may also be booked by a person who holds no membership, at the same rate. Management may modify the hourly rate upon at least thirty (30) days' prior written notice. No modification of the hourly rate shall apply to hours already booked.

How a Member's hours are billed. Where Member asks for the conference room using the email address recorded on Member's membership, The Beach confirms Member's booking with nothing to pay at the time of booking, and takes no payment for the conference room from Member through the request page. Where a request does not show as a Member's, The Beach shall settle the matter with Member by email before any payment is taken. Any amount Member owes for conference room use is invoiced to Member in accordance with Section 2, and shall not be charged to the card on file without Member's separate authorization. The Beach does not presently invoice Member for hours beyond the applicable complimentary allowance, and shall give Member at least thirty (30) days' prior written notice before it begins to do so; hours used before that notice takes effect are not chargeable, and no such notice shall apply to hours already booked.

Cancelling a booking. Member may cancel a confirmed booking before it begins by replying to The Beach's confirmation email, by email to hello@beach111.com, or by telephone to the number given in that email. A booking of complimentary hours that Member does not cancel before it begins shall be deducted from Member's complimentary hours as though used. Management may release a booking that has not been taken up within a reasonable time after it begins, and may, under the House Rules, limit the number or length of bookings a Member holds at one time.

A Member shall not occupy the conference room during a time booked by another Member or otherwise interfere with another Member's confirmed booking. Time occupied beyond the end of Member's booking shall be charged at the then-current hourly rate.

Complimentary hours are allocated per monthly billing period, shall expire at the conclusion of each monthly billing period, and shall not roll over, transfer or have cash value.

Member shall leave the conference room in substantially the same condition in which it was received.

Persons who attend a meeting Member has booked are governed by Section 8. The Beach also permits persons who are not Members to book the conference room under the Conference Room Terms; such a person attends on that person's own booking and is not a guest of Member under Section 8.

The Conference Room Terms. The Beach publishes separate Conference Room Terms, which govern the booking and use of the conference room by any person, whether or not that person is a Member. Where a matter concerning Member's booking or use of the conference room is not addressed in this Agreement, the Conference Room Terms apply to it. Where the Conference Room Terms and this Agreement conflict, this Agreement controls.

12. Mail and Business Address

As of the effective date of this Agreement, The Beach does not provide Member with authorization to use the Space or its address as a commercial mailing address, business mailing address, registered office, registered-agent address or principal place of business.

Member shall not publicly represent the Space as an authorized business mailing address without Management's prior written consent. The Beach does not receive, sign for, hold or forward mail, parcels or deliveries on Member's behalf. Any item addressed to Member that is nonetheless delivered to the Space is left at Member's sole risk, and Management may refuse it or return it to the carrier.

Management anticipates that mailing-address services may be offered in the future. Any such service shall be subject to separate terms, conditions, eligibility requirements and fees established by Management.

13. Professional Conduct and Noise; Cleanliness and Condition of Workspace

Member acknowledges that the Space constitutes a professional, shared working environment and agrees to conduct himself or herself in a manner that does not materially interfere with the use and enjoyment of the Space by others.

Without limitation, Member shall:

Management shall have reasonable discretion to determine whether conduct is disruptive to the professional operation of the Space.

Repeated or material violations may result in suspension or termination of membership privileges in accordance with Section 33.

Cleanliness and condition of workspace. Member shall maintain Member's workspace in a clean, orderly, sanitary and reasonably professional condition.

Member shall not create or permit any hazardous condition, obstruction, offensive odor, unsanitary condition or unreasonable accumulation of personal property.

A Member assigned a Booth may leave reasonable business materials at that Booth, subject to this Agreement and entirely at Member's own risk. Because desks are not assigned, a Pop-In Member shall clear the desk on leaving for the day, and The Beach accepts no responsibility for property left at a desk.

Management may require Member to remove property that, in Management's reasonable judgment, creates a safety, security, sanitation, operational or aesthetic concern.

14. Smoking and Vaping; Alcohol and Controlled Substances

Smoking, vaping, and the use of cigarettes, cigars, pipes, electronic cigarettes, cannabis products or similar smoking or vapor-producing products are prohibited within the Space and anywhere on the property.

Notwithstanding the foregoing, a Member may smoke or vape within the enclosed interior of Member's own vehicle, provided the vehicle is not within fifteen (15) feet of any entrance, exit, window that opens or ventilation intake of the building, and provided such activity is otherwise lawful and does not materially interfere with another person's use of the property.

Alcohol and controlled substances. Possession or consumption of alcoholic beverages in the Space is prohibited unless specifically authorized in writing by Management.

Possession, distribution, manufacture or use of unlawful controlled substances is strictly prohibited.

Management may immediately require any individual to leave the Space when Management reasonably believes the individual is impaired to a degree that creates a safety risk, substantial disruption or threat to persons or property.

15. Weapons

Member shall comply with all applicable federal, state and local laws governing the possession and carrying of firearms or other weapons.

Nothing contained herein is intended to prohibit lawful concealed carry by a properly licensed individual when such possession is otherwise permitted by applicable law. Management may nonetheless at any time prohibit the carrying of firearms in the Space by posting the notice prescribed by the Firearm Concealed Carry Act, and Member shall comply with any such notice.

Except as reasonably necessary for lawful self-defense or as otherwise protected by law, firearms and other weapons shall remain properly secured and concealed and shall not be intentionally displayed, brandished, handled, exhibited or used in a manner that causes disruption or reasonable concern for the safety of others.

Any unlawful, reckless, threatening or unsafe conduct involving a weapon shall constitute grounds for immediate termination and may be reported to appropriate law-enforcement authorities.

16. Pets and Service Animals

Pets are prohibited from the Space.

Notwithstanding the foregoing, service animals shall be permitted to the extent required by applicable federal, state or local law.

The handler of any permitted service animal shall maintain control of the animal at all times and shall be responsible for the animal's conduct, sanitation and any damage caused by the animal to the extent permitted by law.

Management reserves all rights available under applicable law concerning animals that are not housebroken, are not under the handler's control, pose a direct threat, or otherwise fall outside applicable legal protections.

Nothing contained herein authorizes Management to require documentation, certification or registration where such requirement is prohibited by applicable law.

17. Video and Audio Surveillance and Security

Member acknowledges and consents to the use of video surveillance at the Space for legitimate security, safety, loss-prevention and property-protection purposes.

Member further acknowledges that the surveillance system records sound as well as images in the areas it covers, and consents to the recording of Member's voice and conversations in those areas. Member shall inform any person Member brings into the Space, and any person with whom Member conducts a call or conversation in an area subject to surveillance, that audio and video recording are in use. Signage at the entrance to the Space shall state that audio and video recording are in use.

Surveillance cameras may be located in common work areas, shared rooms, entrances, exits, exterior areas and parking areas.

No camera is installed in the restroom or in the conference room, and no camera shall be installed or operated in any other area in which a person reasonably expects privacy.

Member acknowledges that there is no reasonable expectation of privacy in areas visibly or reasonably subject to video surveillance, and that Member's image and voice may be recorded wherever a camera covers an area.

Recordings may be retained, reviewed and preserved when reasonably necessary for security or safety purposes, for the investigation of a complaint or of a breach of this Agreement, or for insurance matters. Recordings may be disclosed to law enforcement or to The Beach's insurer upon request, and shall be disclosed where required by law or legal process.

18. Privacy and Confidential Information

Member acknowledges that the Space is shared by independent individuals and businesses and that The Beach does not provide or guarantee auditory, visual, electronic or informational privacy.

Member is solely responsible for safeguarding Member's confidential, proprietary, privileged, financial, personal, client, customer or otherwise sensitive information.

The Beach makes no representation or warranty that conversations cannot be overheard, screens cannot be observed, or documents and other information cannot be inadvertently viewed by third parties.

To the fullest extent permitted by applicable law, The Beach shall not be liable for unauthorized observation, overhearing, disclosure, copying or acquisition of Member information by another Member or third party.

The Beach collects Member's name, business name, telephone number, email address and emergency contact for the purpose of operating the Space and administering this Agreement. The Beach shall not sell that information and shall not disclose it to any third party other than its service providers acting on its behalf, its payment processor, its insurer, a successor or assign under Section 28, law enforcement, or as required by law or legal process.

No Member shall intentionally photograph or record another Member or any guest in the Space without that person's consent, and no Member shall record any conversation in the Space without the consent of all parties to it.

19. Photographs and Marketing

The Beach photographs and films the Space for its website, social media and other marketing. Member consents to appearing in the background of such photographs and recordings. The Beach shall give Members notice before a scheduled photograph or video shoot so that a Member who prefers not to appear may step out of frame.

The Beach shall not feature Member's image, likeness or voice, Member's name or Member's business in advertising or marketing without Member's prior written permission, obtained on each occasion. The consent given in this Section extends to the continued use, after Member's membership ends, of photographs and recordings made during the membership.

20. Internet and Network Use; Cybersecurity and Electronic Data

Internet and network access are provided as an incidental convenience to membership.

Member shall not use any network or internet connection of The Beach for unlawful, fraudulent, abusive, malicious or unauthorized purposes, including, without limitation:

Management may restrict, suspend or terminate Member's network privileges, whether or not Management also terminates the membership, when reasonably necessary to protect The Beach, its systems, its Members or third parties.

Cybersecurity and electronic data. Member acknowledges that wireless networks, internet services, printers, computer networks and electronic communications are inherently subject to security risks, and that the wireless network is a convenience and not a secure line.

Member assumes responsibility for the security of Member's devices, accounts, passwords, data, backups, communications and electronic systems.

To the fullest extent permitted by applicable law, The Beach makes no representation or warranty regarding the security, confidentiality, reliability, availability or performance of its network or internet services.

Without limiting the foregoing, and to the fullest extent permitted by applicable law, The Beach shall not be responsible for losses resulting from hacking, malware, viruses, electronic theft, unauthorized access, third-party data breaches, corrupted or lost files, compromised credentials, intercepted communications, device damage, or network or internet interruption, whether arising through The Beach's wireless network, its printers or otherwise, and whatever the legal basis on which the claim is framed, except to the extent liability cannot lawfully be disclaimed.

21. Personal Property and Assumption of Risk

All personal property brought into or left in the Space is maintained at Member's sole risk.

To the fullest extent permitted by applicable law, The Beach shall not be liable for loss, theft, disappearance, destruction, compromise or damage to computers, electronic devices, documents, cash, equipment, inventory, vehicles or other property belonging to Member or any third party.

Member is solely responsible for obtaining any property, business, liability, cyber or other insurance Member deems appropriate for Member's activities. The Beach is not Member's insurer.

22. Parking and Vehicles

Parking is provided solely as an incidental convenience and is used at the vehicle owner's sole risk.

Overnight parking is prohibited without Management's prior authorization.

No vehicle may be abandoned, stored, repaired or otherwise left on the property for an unreasonable period.

Unauthorized, abandoned or improperly parked vehicles may be removed or towed in accordance with applicable law at the vehicle owner's sole cost and expense.

To the fullest extent permitted by applicable law, The Beach assumes no responsibility for theft, vandalism, collision, weather-related damage, towing, or loss of or damage to any vehicle or its contents.

23. Abandoned Property

Member shall remove all personal property from the Space on or before the last day of membership or, where the membership ends without prior notice to Member, promptly thereafter by arrangement with Management. Once the membership has ended, Member's access credentials are deactivated and Member may not enter the Space except by prior arrangement with Management for the purpose of retrieving any property that remains.

When a membership ends, Management may pack up any property remaining at Member's Booth or at a desk and store it, so that the position may be made available to another Member. Property so packed and stored remains at Member's sole risk, and Section 21 applies to it as though it had been left in the Space.

Property remaining in The Beach's possession for more than thirty (30) days following written notice to Member to retrieve such property may, subject to applicable law, be deemed abandoned.

Management may thereafter dispose of, donate, store, remove or otherwise handle such property as permitted by law.

Member shall remain responsible for reasonable expenses incurred in connection with storage, removal, shipping or lawful disposal.

24. Damage to the Space

Member shall be responsible for damage to the Space or to the property of The Beach caused by Member's negligent, reckless, intentional or unauthorized acts or omissions, ordinary wear and tear excepted.

Member agrees to reimburse The Beach for the reasonable cost of repair or replacement of damaged furniture, fixtures, equipment, electronics, locks, doors, workspaces or other property. The Beach may deduct such cost from any refund otherwise due to Member under this Agreement.

25. Management's Right of Access

Management retains the unrestricted right to access all portions of the Space as reasonably necessary for maintenance, repair, inspection, cleaning, security, emergency response, operational purposes or enforcement of this Agreement.

Assignment of a Booth does not confer exclusive possession of any portion of the Space, and use of a desk confers none.

Management may temporarily relocate Member or Member's property when reasonably necessary for maintenance, safety, repair, emergency response or continued operation of the Space, and shall return Member to Member's recorded position as soon as reasonably practicable.

26. Emergencies

Member acknowledges that the Space is often unstaffed, that The Beach provides no first-aid, medical or security personnel, and that The Beach does not undertake to watch any surveillance described in Section 17 in real time or to respond to an emergency by means of it. In the event of injury, fire or other emergency, Member shall call 911 first and then notify Management.

Member shall make himself or herself aware of the location of the exits and shall leave the Space when an alarm sounds or when Management so directs.

Management may use the emergency contact provided by Member if something happens to Member at the Space.

27. License; No Tenancy Created

Member acknowledges and agrees that this Agreement grants only a limited, revocable, non-transferable license to access and use designated portions of the Space and certain associated services in accordance with this Agreement.

Nothing contained herein is intended to create a landlord-tenant relationship, leasehold estate, easement, possessory interest or other interest in real property.

Member shall acquire no right of exclusive possession of any part of the Space. The recording of a Booth as Member's position gives Member the use of that position, which The Beach shall not assign to another Member while Member's membership continues, and nothing more; it remains at all times subject to Management's right of access and of relocation under Section 25.

The characterization of the parties' legal relationship shall remain subject to applicable law, and nothing herein shall operate as a waiver of rights that cannot lawfully be waived.

28. Assignment and Transfer; Assignment by The Beach; Lease of the Building

Member shall not assign, transfer, sublicense, sell, share or otherwise convey any membership right or privilege, including to an employee, without Management's prior written consent.

Any attempted unauthorized assignment or transfer shall be void, the membership shall remain Member's alone, the purported transferee shall acquire nothing, and the attempt may constitute grounds for termination.

Assignment by The Beach. The Beach may assign this Agreement, without Member's consent, to a purchaser of the business or to another entity into which The Beach transfers the business, and this Agreement shall bind and benefit The Beach's successors and assigns on the same terms. Member's rate and Member's refund rights under this Agreement shall pass with the assignment, and The Beach shall notify Member when such an assignment occurs.

Lease of the building. If The Beach leases the building rather than owns it, Member's membership is subordinate to and dependent upon that lease. If the lease terminates, memberships shall terminate with it. Notwithstanding Section 5, The Beach shall in that case give Member as much notice as The Beach itself has, and shall refund any prepaid membership fees attributable to time Member did not use, calculated to the day.

29. Interruption of Services; Force Majeure

The Beach does not warrant or guarantee uninterrupted access to utilities, internet service, HVAC, water, printing equipment, beverages, the conference room, parking or other amenities.

Temporary interruption, reduction or unavailability of such services resulting from maintenance, repair, equipment failure, third-party service interruption, emergency or other circumstances shall not constitute a breach of this Agreement and shall not, standing alone, entitle Member to a refund, credit, offset or damages.

Force majeure. The Beach shall not be liable for any delay, closure, interruption, restriction or failure of performance resulting from circumstances beyond its reasonable control, including, without limitation, acts of God, severe weather, fire, flood, natural disaster, utility failure, internet outage, governmental action, civil disturbance, public emergency, epidemic, pandemic, labor disruption or other comparable event, and no such event shall constitute a breach of this Agreement.

If the Space is closed for more than thirty (30) consecutive days, for any reason within or beyond The Beach's control, Member shall receive a credit or refund of membership fees attributable to the time Member could not use the Space.

30. Release and Limitation of Liability

Member voluntarily assumes the ordinary risks associated with entering and using a shared commercial workspace, including slips, trips and falls; the condition of floors, furniture, fixtures and equipment; the condition of the parking area, walkways and entrances in any weather; and the presence and conduct of other Members and their guests.

To the fullest extent permitted by applicable law, and whether a claim is brought in contract, negligence or otherwise, Member releases and agrees to hold harmless The Beach and its members, managers, officers, employees, agents, representatives, successors and assigns from claims for personal injury, or for loss of, theft of or damage to property, arising from the ordinary risks associated with Member's use of the Space, including claims arising from The Beach's own ordinary negligence, from interruption of services, or from the acts or omissions of other Members or of unrelated third parties.

Limitation of liability. For any other claim connected with Member's membership or Member's use of the Space, whether in contract, negligence or otherwise, the total liability of The Beach to Member shall be limited to the membership fees paid by Member in the three (3) months preceding the event giving rise to the claim. To the fullest extent permitted by applicable law, The Beach shall not be liable to Member for lost profits, lost business, lost data or any indirect, incidental or consequential loss, however arising. This limitation shall not reduce any refund or credit that The Beach owes to Member under this Agreement.

Nothing contained in this Agreement shall be construed to release, disclaim or limit liability to the extent such liability cannot lawfully be waived or limited under applicable law.

31. Indemnification

To the fullest extent permitted by applicable law, Member shall indemnify, defend and hold harmless The Beach and its members, managers, officers, employees, agents, representatives, successors and assigns from and against third-party claims, liabilities, losses, damages, judgments and reasonable costs and expenses, including reasonable attorney's fees and court costs, arising out of or relating to:

This provision shall not require indemnification to the extent prohibited by applicable law.

Persons protected. Wherever this Agreement limits the liability of The Beach, releases The Beach, or requires Member to indemnify The Beach, "The Beach" includes The Beach Off 111 LLC and its owners, members, managers, officers, employees, agents, representatives, successors and assigns and, where The Beach does not itself own the building, the owner of the building and the owner's agents, each of whom may rely on and enforce the relevant provision.

32. Independent Business Activities

Member's business and professional activities are entirely independent from The Beach.

Nothing in this Agreement creates or shall be construed to create a partnership, joint venture, agency, employment relationship, fiduciary relationship, franchise or other association between Member and The Beach.

The Beach does not endorse, supervise, guarantee or assume responsibility for Member's business operations, professional services, income, clients, regulatory compliance or business results.

Member remains solely responsible for all licenses, permits, insurance, taxes, registrations, professional obligations, data-security requirements and other legal obligations applicable to Member or Member's business.

33. Suspension and Termination for Cause

Management may immediately suspend or terminate Member's access or membership privileges, without prior notice, upon conduct that Management reasonably determines puts people or property at real risk or otherwise falls within the grounds listed below.

Grounds for immediate suspension or termination include, without limitation:

Where conduct is less serious but continues after Management has requested in writing that it stop, or where Member otherwise commits a material breach of this Agreement (other than nonpayment, which is governed by Section 4), Management may suspend or terminate Member's membership upon written notice.

Refund upon termination for cause. Upon termination of membership under this Section, The Beach shall refund to Member any prepaid membership fees attributable to time Member did not use, calculated to the day Member's access ends, less the reasonable cost of repairing any damage caused by Member and any amounts Member otherwise owes under this Agreement. Termination for the unauthorized sharing of an access credential is governed by Section 7.

Termination of access or membership privileges shall not be deemed a waiver of any payment obligation or other liability that accrued prior to termination or that otherwise survives pursuant to this Agreement.

34. Rules, Policies, and Modifications

Management may adopt, amend, supplement or replace reasonable rules and policies governing the operation, safety, security, cleanliness, amenities, scheduling and professional use of the Space (the "House Rules").

Except where an immediate change is reasonably necessary for safety, security, legal compliance or emergency operations, Management shall provide at least thirty (30) days' written notice of material changes to the House Rules.

Continued use of the Space following the effective date of a properly noticed modification shall constitute acceptance of the revised House Rules, subject to applicable law.

The House Rules shall not change Member's membership rate, Member's refund rights, or any other term of this Agreement.

35. Modification of Membership Fees

Management reserves the right to modify membership rates upon at least thirty (30) days' prior written notice.

No pricing modification shall retroactively increase amounts previously paid or apply to a month already charged.

Any new membership rate shall become effective after expiration of the applicable notice period. A Member who does not wish to continue at the new rate may so notify Management in writing before the new rate takes effect, in which case Member's membership shall end at the end of the month previously paid for, with nothing further owed. Member's right to cancel under Section 3 is unaffected.

36. Amendment of this Agreement

The Beach may amend this Agreement with effect from the renewal of a membership term. The Beach shall send Member the amended Agreement at least thirty (30) days before the renewal on which it takes effect.

A Member who does not accept the amendment may so notify Management in writing before it takes effect, in which case Member's membership shall end at the end of the month previously paid for, with nothing further owed. Continued use of the Space after the amendment takes effect shall constitute acceptance of it.

No amendment shall withdraw any refund promised to Member under this Agreement.

37. Mediation as Condition Precedent to Litigation

Except as otherwise provided herein, the parties agree that good-faith mediation shall be a condition precedent to the commencement of litigation arising out of or relating to this Agreement, Member's use of the Space, or the parties' business relationship, where the amount in dispute exceeds two thousand five hundred dollars ($2,500).

This Section shall not apply to the collection by The Beach of amounts owed under this Agreement, including by action in small claims court.

A party asserting a dispute shall provide written notice reasonably describing the nature of the dispute and the relief requested.

The parties shall thereafter make a good-faith effort to select a mutually acceptable neutral mediator and participate in mediation in Madison County, Illinois, or another mutually agreed location.

Unless otherwise agreed, the parties shall share the mediator's fees equally, with each party bearing its own attorney's fees and other costs incurred in connection with mediation.

If the parties are unable to resolve the dispute through mediation, either party may thereafter pursue any remedy available under applicable law.

Notwithstanding the foregoing, either party may seek temporary, emergency, injunctive or other immediate judicial relief when reasonably necessary to prevent imminent harm, preserve property or evidence, protect confidential information, enforce legal deadlines, or protect rights that would otherwise be materially prejudiced by delay.

Nothing in this Section shall operate to extend or waive any applicable statute of limitations, the limitation period in Section 40, or any jurisdictional deadline.

38. Governing Law and Venue

This Agreement shall be governed by and construed in accordance with the laws of the State of Illinois, without regard to conflict-of-law principles.

Subject to the mediation requirement set forth above, any judicial action arising out of or relating to this Agreement shall be brought in a court of competent jurisdiction located in Madison County, Illinois, unless applicable law requires otherwise.

Member consents to such jurisdiction and venue to the fullest extent permitted by law.

39. Attorneys' Fees and Costs

To the extent permitted by applicable law, the prevailing party in any action brought to enforce or interpret this Agreement shall be entitled to recover from the other party its reasonable attorney's fees and court costs, in addition to any other relief to which it may be entitled.

40. Limitation Period for Claims

To the extent permitted by applicable law, any claim arising out of or relating to this Agreement or Member's use of the Space must be commenced within one (1) year after the claim accrues, failing which it shall be barred. This limitation applies to claims by either party against the other, but shall not apply to the collection by The Beach of amounts owed under this Agreement.

41. Severability; Waiver

If any provision of this Agreement is held invalid, illegal or unenforceable by a court of competent jurisdiction, such provision shall be modified to the minimum extent necessary to render it enforceable or, if modification is not permissible, severed from this Agreement. The remaining provisions shall continue in full force and effect.

Waiver. No failure or delay by Management in exercising any right or enforcing any provision of this Agreement shall constitute a waiver of such right or provision.

Any waiver shall apply solely to the particular circumstance for which it is given and shall not constitute a continuing or future waiver.

42. Survival

The following shall survive the expiration or termination of Member's membership and of this Agreement, however arising: Member's obligation to pay amounts that accrued before termination; The Beach's obligation to refund or credit under Sections 5, 7, 28, 29 and 33; Member's liability for damage under Section 24; Section 44 (Notices and Electronic Communications); Section 17 (Video Surveillance and Security); Section 18 (Privacy and Confidential Information); Section 19 (Photographs and Marketing); Section 20 (Internet and Network Use; Cybersecurity and Electronic Data); Section 21 (Personal Property and Assumption of Risk); Section 22 (Parking and Vehicles); Section 23 (Abandoned Property); Section 27 (License; No Tenancy Created); Section 30 (Release and Limitation of Liability); Section 31 (Indemnification); Sections 37 through 41 (dispute resolution, governing law, attorney's fees, the limitation period, and severability and waiver); and any other provision which by its nature is intended to survive.

43. Entire Agreement

This Agreement, together with Member's membership selection, any written addendum, and the House Rules validly incorporated herein, constitutes the entire agreement between the parties concerning Member's use of the Space and supersedes prior oral or written representations concerning the same subject matter.

No oral statement by either party shall modify this Agreement. Except for changes made under Sections 10, 11, 34, 35 and 36 in the manner those Sections provide, no modification of this Agreement shall be effective unless made in writing and agreed to by both parties.

44. Notices and Electronic Communications; Electronic Signatures and Counterparts

Member consents to receiving notices and communications relating to membership by email, text message or other electronic means provided by Member to Management.

Electronic notices shall constitute written notice where permitted by this Agreement and applicable law. Written notice from Member to Management may be given in the manner set out in Section 3: by email to hello@beach111.com, by text message to a telephone number Management has given Member for that purpose, or by written correspondence delivered to Management at the registered address stated above.

Member is responsible for maintaining current contact information with Management. A notice from The Beach is given when sent to the email address or mobile number most recently provided by Member, whether or not Member reads it; a notice from Member is given when received by The Beach.

Electronic signatures and counterparts. This Agreement may be executed electronically and in counterparts. Acceptance on the website in the manner described under Execution and Assent above constitutes electronic execution.

Electronic signatures and electronically transmitted copies shall have the same force and effect as original signatures to the extent permitted by applicable law.

45. Member Acknowledgment

By executing this Agreement, Member acknowledges and represents that Member:

Last updated 15 September 2026.