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Moss New York Culture Guide

Our Promise

Moss New York (“Moss”, the “Club”, or “Club Facilities”) offers everything you need to make the most of every day and night in New York City. Moss is committed to operating at the highest level of service to create the optimum members experience across all our verticals of intelligent leisure & physical culture.

Member Oath

As a member here at Moss, I have the right to the respect of all other members here. I have the right to not be verbally or physically harassed, I have the right to my privacy and to not be solicited to or made uncomfortable in any way. And as a member I vow to honor and respect these same rights for all other members both within and outside the walls of Moss.

Membership

Moss membership is designed for members to champion their social circles through the endorsement of applicants. Moss membership is based more on how you are and less on what you do. Every member at Moss has been endorsed by an existing member.

Moss New York Club Rules

These Club Rules (the “Rules”) are established by the Club to protect the Club Facilities, to promote the health, safety, welfare and enjoyment of the Club Facilities by the Members and their guests and provide Members with an enjoyable club experience. These Rules, in conjunction with the Moss New York Culture Guide, govern the use of the Club by the Members and their guests, as well as other matters pertaining to membership in Moss.

Each Member and each person who uses the Club Facilities or is present on the Moss premises as a guest of a Member, or otherwise, shall be bound and abide by all the provisions of these Rules, as they may be amended, modified or supplemented by the Club from time to time. In addition, each Member shall be responsible under these Rules for all the acts of such Member’s guests. References herein to “Member” shall include the Member’s guests unless otherwise indicated or the context requires to the contrary.

Fees

Moss New York reserves the right to charge members a joining fee, an annual subscription fee and for admission to the Club premises from time to time. The right to amend any such fees or subscriptions from time to time shall be in the Club’s sole discretion.

The Member is obligated to keep a valid approved U.S.-based credit card or to a valid approved U.S.-based debit card with Moss at all times and the Member authorizes the Club to charge dues, fees and charges which become delinquent as provided in the Moss Culture Guise (as amended, modified or supplemented by the Club from time to time, the “Rules”) to such credit card or to a valid approved U.S.-based debit card.

The Member can elect to have dues, and applicable fees and charges, billed to such credit card or to a valid approved U.S.-based debit card posted with the Club. Dues will be charged to the credit card or debit card on file with the Club in advance on the monthly anniversary date of the Member’s acceptance for membership.

The first month’s dues are not payable until the Club Facilities open for member use. Fees and charges incurred by the Member will be charged to the credit card or debit card on file with the Club when incurred, if not paid by the Member or a guest at the point of sale. In the case of payment by a credit card, the Member shall be responsible for payment of the associated processing fee, if this is permitted. The Member is responsible for any amounts that are not paid by the credit card company or debit card company.

If any amounts owed are not paid on a timely basis, the Member understands that the Member may be subject to a late payment charge as well as certain disciplinary action, in accordance with the Rules.

Applying for Membership

Membership to Moss is done by application. A potential member must complete the entire application and list existing Moss members that they think will endorse their membership. Should an applicant not know any existing members, they may request a meeting with the Membership Director. Meetings are granted at the discretion of the Membership Director as time allows. Moss will notify members that have been accepted. Applications not yet accepted will remain on the waitlist.

Endorsing

Current Moss members in good standing are allowed to endorse new members. Members understand that they will be fully responsible for the behavior and adherence to the Moss New York Culture Guide of everyone that they have endorsed.

Membership Renewal

Membership is a commitment for a minimum of one year and renews thereafter on an annual basis. Memberships are reviewed by the Member Council on an annual basis. The decision to cancel a membership is at the sole discretion of the Membership Director and is contingent on behavior both within and outside of Moss. A Moss membership can be revoked at any time at the discretion of Moss New York with or without the right to reapply. An individual with a revoked membership can reapply for membership with their original member endorsement renewed and an additional current members endorsement after two years’ time.

Membership Database

Moss requires proof of age, residency, and an existing member endorsement to be considered for membership at Moss.

Each Member shall be responsible for keeping the Club notified in writing with the current mailing address and electronic mail address of such Member from time to time. All notices and other correspondence from the Club will be directed to such address, subject to the provisions hereof. A Member shall be deemed to have received each mailing from the Club on the earlier of actual receipt or seven days after deposit in the U.S. Mail with correct address and proper first-class postage. If at any time the Club has not received the current mailing address and electronic mail address of a Member, any mailing from the Club may, with the same effect described above, be addressed to the address or electronic mail address, as the case may be, that the Club believes is the most likely to result in delivery to such Member. All communications from the Club can be sent by electronic mail in the Club’s discretion.

The Club must be notified in writing of any change of address or electronic mail address. Failure to do so shall constitute a waiver of the right to receive notices, bulletins and any other communications, and a violation of these Rules.

Membership Joining Fee Upfront Payment

There is a one-time Joining Fee for accepted new members. The Club shall cause the deposit of the Joining Fee paid by the Member into an escrow account maintained by the Club. The Club agrees that the Joining Fee will be held in an escrow account subject to the terms and conditions hereinafter set forth.

At such time as the Club provides written notice to the Member (which notice can be sent by electronic mail to the Member’s e-mail address on file with the Club) that the Club Facilities have been substantially completed and that Moss is open for member use, the Joining Fee and any interest earned thereon can be released from the escrow account and paid to the Club, and the Member’s annual dues will commence.

If the Club does not ever open for member use, then the Club will cause the Joining Fee, without interest, to be returned to the Member.

Membership Annual Dues

Membership payments are on an annual basis. Quarterly and monthly payments for members are available, however a full year commitment is required.

You will be notified one month before your anniversary. Upon approval or renewal of your membership, your membership fees become payable immediately. A member may cancel their annual membership up to one month after the renewal date. By providing us with your payment details, you accept and consent to being charged with membership fees in the form requested by Moss upon your application being approved or renewed.

It is within our discretion to amend our membership fees at any time, and we will notify you in advance if there are to be any changes to the amount, date or frequency of the payment of your membership fees.

Failure to pay the annual subscription (or any installment) within one month of the due date after being notified by Moss will result in the member not being admitted to the Club and the membership being terminated.

Membership Holds

A membership cannot be put on hold and failure to pay an installment will result in a frozen membership until all dues are paid. If frozen due to failure to pay for more than 60 days, Moss has the right to revoke membership with or without the right to reapply.

Resignation of Moss Membership

Membership in Moss is on an annual basis and subject to renewal. All members are required to pay dues through the end of their respective annual membership terms, regardless of resignation during the term.

A paid Moss membership remains active for one year (and is nontransferable).
Should a member choose not to renew their membership a minimum of 30 days’ notice in writing is required before the end of the annual membership. A membership cannot be put on hold and all members commit to the annual contract.

Membership Cards

The Club may issue a physical or digital membership card, which may have a scan code, to each Member. If issued, membership cards will include the Member’s name and account number. Cards may be necessary for entry into the Moss premises and/or to open and close tabs as determined by the Club from time to time.

A membership card may not be used by any person other than the person to whom it is issued. Membership cards are not transferable. Any improper or unauthorized use of a membership card by a Member or a guest of such Member shall be a violation of these Rules by such Member.

Rather than issuing membership cards, the Club can issue other credentials to Members, as determined by the Club.

Guests

A member may bring 3 guests to Moss Upstairs (Level 2 and Level 3) to any space that does not require a reservation. Bedrock floors (Level B1 and B2) are for members only.

For dining reservations, Members may make a reservation for up to 6 people (including the member). Larger parties require pre-approval.

Members must always be present with their guests and a guest cannot remain if the member has left the club. Guests arriving before the member must wait in the lobby on the ground floor until their member arrives.

Children

Unless permitted by the Club, children under 18 years of age are not allowed at the Moss premises.

Spouses

All memberships are individual and are not to be shared or transferred amongst households.

Attire

Members are encouraged to exercise their good taste and judgement when deciding what to wear at Moss. It is expected that Members and their guests will dress in a fashion befitting the surroundings and atmosphere provided in the setting of Moss, and the Club may publish dress requirements from time to time. Members will be responsible for seeing that their guests dress in accordance with the Moss dress requirements.

Privacy for Members and Guests

Members should exercise great respect and care if approaching another Member or guest of a Member that is not personally known to the Member, as respecting privacy is an important policy of Moss. Failure to adhere to the Club’s privacy policy by a Member will subject the Member to disciplinary action, including suspension and/or expulsion from Moss.

Photography/Cameras/Recording Devices

Photography is the Club not allowed. No cameras, video or recording devices may be used while in the Club. Please ensure your guests also abide by our photography policy.

Mobile Phones

Mobile phones should be placed on silent or vibrate at all times while at Moss. Phone calls are permitted in designated areas only so as not to disturb other Members and their guests.

While texting and emailing is allowed, we request that your phone be placed on silent while at Moss. Please ensure your guests also abide by our phone policy.

Press/Social Media

No Member shall ever post on social media or report to the press any negative or slanderous thing about any persons or any activity at Moss. Doing so will subject the person to disciplinary action, including suspension and/or expulsion from Moss.

Confidentiality

Moss management and all staff members are required to adhere to the strictest confidentiality standards and pledge to maintain all records and personal information concerning the members and their guests in the strictest confidence subject to the privacy policy of Moss.

No Member shall use the roster or list of some or all the Members for solicitation or commercial purposes or distribute the names of Members or their addresses or other personal or contact information in any form. A violation of this provision shall result in automatic expulsion in the Club’s discretion.

Illegal Drugs/Substances/Weapons

No member or guest of a member shall purchase, use, ingest, possess or distribute illegal drugs or other substances or attempt to do any of the same while on the Club’s premises or in the immediate vicinity. If any of the actions above prove true, the relevant member will be removed from Moss and the membership in question will be terminated.

No firearms or other dangerous weapons of any kind are permitted on the Moss premises at any time.

Personal Relations

Members shall not request any illegal or special personal services from staff working at the Club premises (whether on duty or off duty) or request the personal use of property or equipment that is not ordinarily made available for use by Members.

Members shall comport themselves in a non-violent, non-aggressive, reasonable manner while present on the Moss premises. Members may not abuse, verbally or otherwise, anyone present on the premises, including staff working at Moss. All persons working at Moss shall be under the supervision of the Club or its management personnel (“Management Personnel”), and no Member shall reprimand or seek to discipline any worker, nor shall a Member request a worker to leave the premises for any reason. Any worker not rendering courteous and prompt service should be reported to the Management Personnel of Moss immediately.

Written Feedback to Moss

All complaints, criticisms or suggestions of any kind relating to any of the operations of the Club facilities or Moss or staff working at the Club premises must be in writing, signed and addressed to the General Manager or other person designated by the Club from time to time.

Bills

A member must present his/her member number to open a tab. A member may sign any tab to their account or any guest in the party may pay by credit card.

Cash tipping is permitted at Moss. A fixed gratuity in the amount of twenty percent (20%) will be added to all regular food and beverage charges at Moss in the case where a Member does not request that a check be dropped. In the case where a Member requests that a check be dropped, the Member can add the gratuity deemed appropriate by the Member.

Food and Beverages

Alcoholic beverages will not be served or sold, nor permitted to be consumed, at the Moss premises in any manner that is prohibited by law. The Club reserves the right, in its discretion, to refuse service to any person, including a Member, who appears to be intoxicated. Staff working at the Club Facilities will be permitted to deliver food and/or beverages to locations away from the service area in question only with the permission of the Club.

Except as otherwise permitted by the Club from time to time, Moss shall be the sole provider of food and beverages at the Club premises, and persons shall not be allowed to bring their own food or beverages for consumption at Moss, except as otherwise expressly provided herein.

Moss House Credits

Moss House Credits, to be received by you on receipt of your payment of the Moss Joining Fee, or on the day the Moss Facilities open, whichever comes first, for you to purchase food and beverage items, and other services at Moss, accordance with the terms below (“Moss House Credits”).

Use of your Moss House Credits constitutes your acceptance of these terms and conditions and the accompanying Moss House Credits rules found within this Moss Culture Guide.

Your Moss House Credits can be used for a period of six (6) months from the date they are issued to you (the “Usage Period”) at Moss New York and only against the following: (a) Bedrock services; and (b) food and beverage purchases Moss. For the avoidance of doubt and as further provided for in the Moss Culture Guide, your Moss House Credits must be used by the date of expiry of the Usage Period. Any unused House introduction credits will expire at the end of the Usage Period.

Please note that if you spend your Moss House Credits on food and beverage items in the Club, your Moss House Credits may not be used to cover any service charge and or for gratuity or tips on your bill.

Unless otherwise provided in the Moss Culture Guide, any of your outstanding Moss House Credits will automatically expire at the end of the Usage Period, at which point they can no longer be spent. If your membership is terminated by Moss, any of your outstanding Moss House Credits will immediately expire on the date of termination of your membership and you will no longer be able to use them.

If your membership is terminated by Moss, any of your outstanding Moss House Credits will immediately expire on the date of termination of your membership and you will no longer be able to use them.

Moss House Credits are non-transferable, non-exchangeable and non-refundable and cannot be redeemed for cash, unless required by law or otherwise permitted by these terms and conditions. Moss House Credits cannot be used in combination with any other Moss promotions, special events or discounts. Moss does not accept responsibility for any unauthorized use or loss of your House introduction credits. The face value of your Moss House Credits issued to you includes any applicable value added taxes/sales taxes.

Club Closings/Maintenance

The Club Facilities shall be open on the days and during the hours as may be established by the Club from time to time. Areas of the Club Facilities also may be closed for scheduled maintenance and repairs. The Club reserves the right to close portions of or all the Club Facilities and to hold events/parties from time to time.

All closings will be announced in the Members’ portal on the Moss website. The Club further reserves the right to restrict use of portions of the Club Facilities to Members only (i.e., not including guests).

Where we close part of the Club for a private event, please honor and respect the privacy of all private events occurring in the Club and refrain from communicating any information about the event to third parties in any medium.

Accidents/Injuries

Any accident or injury to a member or his/her guest needs to be reported immediately to a member of the Moss staff. A report is necessary to help us comply with our health and safety obligations and insurance purposes.

Animals

No animals will be allowed in the Club with the exception of service animals.

Smoking

Moss is a strict no smoking facility, including tobacco smoking or usage, and including e-cigarettes, cannabis and vapes.

Disciplinary Procedures

Any behavior of a member within and extending outside of Moss that is deemed by Moss to be in violation of the Moss New York Culture Guide and shared values of respect and kindness can result in immediate revoking of membership.

A member is always also responsible for their guests. A guest that does not follow Moss Culture Guide will not be allowed back to Moss and the member attached to the guest may have his/her membership suspended or revoked.
Members are also responsible for any member that they have sponsored for membership at Moss.

All suspensions and revoked memberships are at the sole discretion of Moss New York. A Moss membership may be revoked at any time and for any or no reason at the discretion of Moss

Revoked members may not visit Moss as a guest of another member.

For minor infractions, Moss applies the two-strike rule. The first infraction will receive a warning. The second infraction will result in a membership being suspended or revoked.

Rights and Privileges

A member shall be entitled to all the rights and privileges of Moss and shall be bound by these rules but shall no proprietary rights in the premises or in respect of property of Moss.

Moss Trademark Rights

All members and their guests shall not use the names, logos, colors, trade marks, service marks, photographs, trade dress or other identifying features of Moss without obtaining the specific prior written approval of Moss. You hereby expressly recognize that the Moss marks are the valid, unique and exclusive property of Moss it’s parent, affiliates and/or subsidiaries.

Members and their guests may not produce or create or authorize others to produce or create the Moss names or logos for any purposes whatsoever, included but not limited to, in any communications, marketing, advertising or other promotional materials (including but not limited to brochures, flyers, invitations, e-mail messages etc.) that utilize the Moss identifying names, logos etc. without the Club’s prior written consent

Liability of Moss

Moss, it’s servants and/or agents, shall not be liable to any member or guest for any loss damage or injury suffered by them or their property howsoever caused, save in respect of death or personal injury to a member or guest to the extent caused by the negligence of Mos, it’s servants and/or agents. This is not intended to offset any mandatory rights a member or guest may have under local law that we cannot legally restrict or exclude.

Interpretations of Rules

In the event of any dispute arising as to the meaning or interpretation of these rules, the matter shall be referred to Moss New York whose decision with respect to your membership shall be final and without appeal. Any further dispute will be settled by arbitration. These rules shall be governed and constructed in accordance with U.S. Law and each member agrees to submit to the exclusive jurisdiction of New York, New York

Non-Discriminatory

The Club shall not discriminate against any individual because of the individual’s race, color, religion, sex, national origin, age, handicap or marital status, as recognized by the State of New York.

Amendments to the Moss New York Culture Guide

Moss may change the rules of the Club by displaying notification of change at moss.nyc/culture-guide