MONTHLY MEMBERSHIP AGREEMENT
This Monthly Agreement ("Agreement"), is entered into on (Date), by and between SEED Studio, of 1017 25th Street, Sacramento, California 95816 ("SEED") and ("Member") of (Member Address) The parties hereto, intending to be legally bound, and in consideration of the mutual covenants hereinafter contained, agree as follows:
SEED, on the dates and times set forth herein, and subject to the terms and conditions of this Agreement, hereby grants to Member a license to use SEED Studio ("Facility") for the Monthly Membership ("Membership") to begin on the first day of the month [session] in which the membership takes place. This agreement shall be on a month [session] to month [session] basis with a contract end date of the last day of the month [session] in which the membership takes place.
DATE/TIMES OF PERMITTED USE
Access to the Facility for the Membership will commence on the first day of the month in which the Membership shall take place.
Members must adhere to the following rules:
You MUST come in only during regular open business hours,
Do Not go into employee only or other restricted areas,
Only use wheels, tools, or workspaces that are not in use by students or participants that are currently in classes or workshops,
No retail, Clay, or tool for sale are available for use, unless you purchase them from a SEED staff member.
Respect the reservation for wheel sign (the person who was there the longest -residents & work trade- must be the first to leave and next after until reservation number is met.
Reserved wheels must be ready for student use 30min prior to reservation time.
Throwing, trimming, chattering and wheel based tasks or decorations are allowed at the wheel. All other building or sculpting that can be done at a work table should.
Do not leave your wheel unattended for more than 30min without cleaning up the wheel for the next person.
No outside glazes (all outside glazes must be cleared by SEED management)
Only use blue designated sponges for glaze removal. Do not bring clay sponges into the glaze room
Do not use water cups for pouring glaze. Use the plastic vessels that are provided. Thoroughly clean pouring devices after each use.
General Studio Expectations:
All orders (glaze, clay, tools…etc.) must be submitted via email by the end of the 3rd week of each session. To be received on the first week of each session
Sign all work, no work will be fired unsigned unless cleared with management
Be mindful of the area that you are taking up. Limit yourself to a single wheel and 1/6th of a work table at most.
Do not interrupt staff while they are loading the kiln. All questions about firing schedule can be emailed to management.
Stay in your designated shelf space, unless given permission to store elsewhere. Violations will be charged or work will be disposed of.
Inventory your clay, water and organize your personal clay and pieces every 1st and 3rd week of the month.
Do not touch other peoples work (no rearranging greenwear or bisque)
If bags for recycle or extra plastic for coving is needed then provide that for yourself. Supplies are meant for student use first, then members, then level 2, then residents.
Take all personal items home each day (bikes, water, bottles, clothes….. anything that can’t go on your shelf)
No Vaping indoors. If smoking please use ashtray- empty ashtray as necessary.
Put a glaze mate or board down if eating on a work table.
No bike storage in the shop.
Clean dishes and any kitchen items (air fryer, etc.) after use.
The desk and desk things are for staff with clean Hands. Not for studio use.
Violation of these rules will result in immediate termination of your contract and no refund will be given.
Member shall pay to SEED as a Membership fee for the use by Member of the Facility, the sum of $175.00. The Membership Fee must be paid in full by the 1st day of the month in which the
Membership shall take place.
Member shall indemnify, defend and save harmless SEED, its officers, agents and employees from and against any and all loss, cost (including attorneys' fees), damage, expense and liability (including statutory liability and liability under workers' compensation laws) in connection with claims, judgments, damages, penalties, fines, liabilities, losses, suits, administrative proceedings, arising out of any act or neglect by Member, its agents, employees, contractors, Lessees, invitees, representatives, in, on or about the Facility.
This indemnity shall survive the termination of this Agreement. Member hereby releases SEED from any and all liability or responsibility to Member or anyone claiming through or under Member by way of subrogation or otherwise for any loss or damage to equipment or property of Member covered by any insurance then in force.
Member agrees to accept the Facility in its "as-is" condition "with all faults."
SEED may terminate this Agreement based upon any one or more of the following events:
A. Failure of Member to pay the Membership Fee or any other charges due hereunder when the same is due;
B. Member fails to perform any of its covenants hereunder. In any of the aforesaid events, and in addition to any and all rights and remedies available to SEED by law or in equity, SEED may, with or without further notice, forthwith terminate this Agreement and expel and remove Member, or any other person or persons in occupancy from the Facility, together with their goods and chattels, using such force as may be necessary in
the judgment of SEED or its agents in so doing, without evidence of notice or resort to
legal process or becoming liable for any loss of damage which may be occasioned thereby, and repossess and enjoy said Facility, and in addition to any other remedy it may have, SEED may recover from Member all damages it may incur by reason of such breach by Member.
Member shall use the Facility in a manner which shall not cause interference with the use or occupancy of the other portions of the Building by SEED or others in any way. Member’s use hereunder will be done in such a manner so as not to interfere with or impose any additional expense upon SEED in maintaining the Building.
Members will be informed of any events/classes/workshops or unforeseen circumstances that will cause the facility to be closed to normal Membership activities.
If any damage occurs to the Facility, or if any repairs or replacements need to be made to the Facility as a result of Member’s exercise of its rights under this License, Member shall pay SEED for any such damage, repairs, or replacements upon demand by SEED.
Member may cancel this Agreement at any time up to 5 days prior to the 1st day of the month in which the Membership shall begin by providing written notice of such election to SEED, at no cost to Member. If Member shall elect to so cancel this agreement between after the 1st day of the month, Member will be charged 50% of the Membership Fee and any expenses incurred in good faith by SEED in preparation for Member’s use of the Facility. For cancellations after the 15th day of the month in which the Membership shall take place, Members will be charged 100% of the Membership Fee and any expenses incurred by SEED.
This Agreement shall be governed by and construed in accordance with the laws of the State of California. Any legal actions, claims or demands shall be handled in a court of competent jurisdiction within the State of California.
The parties hereto have executed this Agreement as of the day and year written below.
GENERAL RELEASE OF LIABILITY
I, (Name of Releasor), of (Address of Releasor)
(Hereinafter the “Releasor”) have agreed to this General Release of Liability ("Agreement") for no payment or consideration.
THEREFORE under the terms of this Agreement and sufficiency of which is hereby acknowledged, do hereby release and forever discharge SEED Studio, of 1017 25th Street, Sacramento, California, 95816 (Hereinafter the “Releasee”) including their agents, employees, successors and assigns, and their respective heirs, personal representatives, affiliates, successors and assigns, and any and all persons, firms or corporations liable or who might be claimed to be liable, whether or not herein named, none of whom admit any liability to the undersigned, but all expressly denying liability, from any and all claims, demands, damages, actions, causes of action or suits of any kind or nature whatsoever, which I now have or may hereafter have, arising out of or in any way relating to any and all injuries and damages of any and every kind, to both person and property, and also any and all injuries and damages that may develop in the future, as a result of or in any way relating to the following: (Name of Releasor) releases SEED Studio from liability while participating in any SEED Studio class, workshop, or other event.
It is understood and agreed that this Agreement is made and received in full and complete settlement and satisfaction the causes of action, claims, and demands mentioned herein; that this Release contains the entire Agreement between the parties; and that the terms of this Agreement
are contractual and not merely a recital.
Furthermore, this Release shall be binding upon the undersigned, and his respective heirs, executors, administrators, personal representatives, successors, and assigns. This Release shall be subject to and governed by the laws located in theState of the Releasee.
This Release has been read and fully understood by the undersigned and has been explained to me.
I, (the “Releasor”) grant permission and consent to SEED Studio (the “Releasee”) for the use of the following photograph(s) as identified below for presentation under any legal condition, including but not limited to: publicity, copyright purposes, illustration, advertising, and web content:
Photos taken during classes, workshops, or events by SEED Studio Payment
I understand that there shall be no payment for this release.
I understand that no royalty, fee, or other compensation shall become payable to me by reason of such use.
I understand that with my authorization below the photograph(s) may never be revoked. We, the Releasor and Releasee, understand and agree to the aforementioned terms and conditions.