Membership agreement version 2019/07/11
Fort Collins Creator Hub, a Colorado Non Profit Corporation and the entity or person identified on the signature page of this agreement (“Member” or “Licensee”), hereby agree that Fort Collins Creator Hub will provide to the Member a license to the shared Fort Collins Creator Hub facilities located in Fort Collins, Colorado. Fort Collins Creator Hub and Member agree as follows:
- Duration of Agreement & Termination
This Agreement is a Membership and shall commence on the date shown on the signature page of this agreement. This Agreement shall automatically renew on a month-to-month basis unless otherwise terminated by either party with 30 day prior written notice. Notwithstanding the foregoing paragraph and notice period, Fort Collins Creator Hub reserves the right to terminate access to and use of Fort Collins Creator Hub’s facilities at any time, immediately and without notice, if the Member fails to comply with any provision of this Agreement and Fort Collins Creator Hub’s Policies and Procedures.
Fort Collins Creator Hub reserves the right to amend the Policies and Procedures and Services Addendum from time to time, and at its sole discretion. Fort Collins Creator Hub will notify Member of any changes to said rules and regulations in writing and prior to such rule changes taking effect.
Upon termination of this Agreement, Member shall thereafter have no further right to use Fort Collins Creator Hub facilities in any manner and Member shall make no further use of Fort Collins Creator Hub other than to remove personal items. All advance fees, if any, shall be justly prorated and returned to Member, along with deposits, within 30 days of the termination of this agreement. Personal items must be removed from Fort Collins Creator Hub within 15 days of the termination of this agreement, after which period they become property of Fort Collins Creator Hub.
- Description of Services
Fort Collins Creator Hub agrees to provide Member with nonexclusive right of use and access to workshop facilities, reasonable electrical power, and wireless internet access.
- Member Obligations
Member must be 18 years or older in order to enter into this agreement. Member shall only use the facilities in accordance with Fort Collins Creator Hub’s Policies and Procedures. The shared facilities shall be kept in a neat, clean and attractive condition at all times. Member will not cause any damage to any part of Fort Collins Creator Hub, including unreasonable or inappropriate wear on equipment or damage to the building in which Fort Collins Creator Hub is located (“Building”). Member shall not disturb the use and enjoyment of the Services by any other Member of Fort Collins Creator Hub or the use and enjoyment of the Building by any occupant of the Building. Member shall not use Fort Collins Creator Hub facilities for any inappropriate or unlawful activity including obscenity and improper use of material protected by intellectual property laws.
Member agrees to make payments on a timely basis each month. Failure to make monthly payments will result, without further notice, in termination of this Agreement and revocation of Member’s license to use the facilities. In addition, Member shall pay all reasonable third party fees (attorney’s fees and debt collection fees specifically included) and other costs incurred by Fort Collins Creator Hub in connection with any late payments or past due amounts.
- Risk of Use
Member acknowledges that he/she is using the facilities with knowledge of inherent dangers involved with this operation and assumes all risk related to the same, however, arising, including, without limitation, the action of others. Member stipulates and agrees that Fort Collins Creator Hub does not have any liability with respect to Member’s access, participation in, use of the facilities, or any loss or damage to body or property resulting from such participation or use. Member, in its assumption of risks stated herein, additionally covenants and agrees to hold harmless, defend and indemnify Fort Collins Creator Hub, its officers, members and directors and landlords from any and all claims for damages or injuries to member or its guests, invitees and or licensees of the Member, as a result of negligent actions or omissions of members proximately causing damages or injuries. Fort Collins Creator Hub Members are strongly encouraged to carry insurance that covers their personal equipment while using the workspace at Fort Collins Creator Hub.
- Interruption of Service
Member acknowledges that due to the imperfect nature of electronic communications, electronics and utilities, Fort Collins Creator Hub shall not be responsible for damages, direct or consequential, which may result from the failure of Fort Collins Creator Hub to furnish any of the Services. Fort Collins Creator Hub will, however, act in good faith and in a commercially reasonable manner in working to remedy any flaws in the facilities or equipment, or delays in providing access to the same.
- Relationship of the Parties
Member is not an employee or contractor of Fort Collins Creator Hub. Fort Collins Creator Hub has no right to work produced by Members or guests working at Fort Collins Creator Hub. Members shall maintain all copyrights, patents and any other proprietary rights related to the Member’s works that are created using the facilities.
- Partial Invalidity
If any one or more of the provisions of this Agreement shall be invalid or unenforceable, the remainder of this Agreement shall not be affected, and each remaining provision shall be valid and enforceable to the fullest extent permitted by law.
No delay or omission on the part of Fort Collins Creator Hub in exercising any right under this Agreement shall operate as a waiver of such right or of any other right of Fort Collins Creator Hub, nor shall any waiver of such right or rights on any one occasion be deemed a bar to, or waiver of, the same right or rights on any future occasion. The acceptance by Fort Collins Creator Hub of any payment, or of a sum less than is due, shall not be construed as a waiver of any of Fort Collins Creator Hub’s rights unless such waiver is in writing.
- Not a Lease
This agreement is not a lease and does not create or reflect any form of tenancy or interest in real property in favor of Member.
This agreement is subject and subordinate to a lease by and between Fort Collins Creator Hub and the owner of the Building. This agreement shall terminate simultaneously with the termination of said lease. This agreement shall be governed by, interpreted and enforced in accordance with the laws of the State of Colorado.