Terms and Conditions of Membership
“Member” agrees that services provided by Indigo Custom Framing & Artisan Market, LLC, (hereinafter “INDIGO”), including but not limited to internet access and use of Co-Creative Workspace at 305 N. Main St. Anderson SC 29621 (hereinafter “The Space”), are subject to:
Member understands that signing this Agreement on behalf of a legal entity shall bind the Agreement to said entity.
1 LIMITED RIGHTS TO USE OF SPACE
1.1 Member understands that membership does not constitute a lease or sublease but is only a license to use The Space for general office purposes.
1.2 Member understands that membership is month to month and may be terminated by either Member or INDIGO at the end of any calendar month by giving 30 days written notice. INDIGO will cease sending invoices upon termination and the lack of invoices will be evidence of termination of this agreement.
1.3 Member understands that membership is a privilege that may be revoked at INDIGO’S’ discretion. If membership is revoked, Member understands that INDIGO will not return membership dues for any remaining period of membership, and Member agrees to forfeit membership and any other evidence of membership.
1.4 Member understands that if membership is terminated at the end of the month, or immediately if membership is revoked, then INDIGO shall be authorized to collect any Member or Secondary Members’ belongings and property in The Space and store such items in The Space for Member pick up. The property may be disposed of after one calendar week if not picked up. Any costs of enforcement, collection, and disposal will be Member’s responsibility.
1.5 Member understands that termination or revocation of membership applies to any and all Members.
1.6 Member understands that use of The Space may on occasion be disrupted. This may include, but is not limited to: (i) the offering of events or services on the premises that are not included in the standard membership and that may require additional fees to attend or use, and (ii) the need to move to another work area and, under rare circumstances, to vacate the premises entirely.
1.7 Member understands that INDIGO will do its best to announce to the member community in advance of any known changes or disruptions to member access to The Space or to the use of services provided by INDIGO.
2 TERMS OF PAYMENT
2.1 Memberships must be paid monthly and will be applied automatically unless you choose to terminate your subscription. Rates are defined on www.indigocustomframing/co-creativeworkspace and are subject to change.
2.2 Payments received more than five days after their due date may be charged a late fee of $25 and the Member, owing such payments for membership or late fees, may be denied access to The Space and its services until such time as said payments are up to date. For each additional week that payments for membership or late fees have not been received an additional $25 late fee may be assessed.
2.3 If any payment tendered by or on behalf of Member is returned by the bank for any reason, Member shall pay a $50 Insufficient Funds Fee in addition to applicable late fees, which shall accrue from the date the Membership Payment first became due.
3 RESPECT FOR COMMUNITY INTERESTS
3.1 Member agrees to adhere to the following additional provisions (hereinafter “Rules”) regarding use of The Space: (i) the terms and conditions of the NEXT on Main Rules and Regulations “Schedule 1” and “Schedule 2” setforth at https://indigocustomframing.com/r/next-rules, and (ii) the Member Handbook (hereinafter “Handbook”) setforth at https://indigocustomframing.com/member-handbook
3.2 Member understands that INDIGO has been created for the benefit of the entire community of members and that no Member’s actions should interfere with the interests of the community as a whole.
3.3 Member understands there are no rights to permanent use of any given space except under written agreement with INDIGO.
3.4 Member agrees not to maintain or store any inventory of goods or property in common areas of the premises that have not been expressly designed for such purpose.
3.5 Member agrees to leave The Space clean and to clean up after Member’s guests.
3.6 Member agrees to receive permission from INDIGO to post signs, host events, or otherwise use The Space in ways that may impose on the interests of the membership community.
3.7 Member agrees not to act in a manner that in INDIGO’s sole discretion does or is likely to adversely affect the peaceful operation or enjoyment of The Space, the building in which The Space is located, or the building’s occupants, guests, or contractors.
4 NO ILLEGAL OR OTHERWISE OBJECTIONABLE ACTIVITY
4.1 Member agrees not to engage in any disorderly, unlawful, or hazardous activity in The Space or in or around the building in which The Space is located.
4.2 Member agrees not to engage in any online or business activity of the sort that may damage or impair the functioning of The Space or its services, including but not limited to overburdening or impairing any servers or networks connected to The Space.
4.3 Member further agrees not to engage in any online or other activities of a questionable moral character that may damage or otherwise adversely affect the benefits of Membership, INDIGOS’ reputation, or the reputation of members of The Space, including but not limited to using The Space in connection with downloading or using trademarked or copyrighted material without permission, pyramid schemes, spam, identity theft, defaming or harassing others, or uploading or downloading profane or indecent material. In cases where a judgment call remains to be made, such judgments will be made at the sole discretion of INDIGO.
5 INDEMNIFICATION AND LIMITED LIABILITY
5.1 Member understands that if someone or something at The Space gets hurt or damaged as a result of Member’s negligence, then Member is responsible to pay for that injury or damage if Member’s insurance provider does not.
5.2 In no event shall INDIGO, or its agents, employees, members, shareholders, or guests be liable for any direct, special, incidental, indirect, punitive, consequential, or other damages whatsoever, including but not limited to damages for: loss of profits, loss of confidential or other information, business interruption, personal injury, loss of privacy, failure to meet any duty, negligence, and any other pecuniary or other loss whatsoever, arising out of or in any way related to the participation in or inability to participate in or use of The Space or its services, the provision of or failure to provide services, or otherwise under or in connection with any provision of this agreement.
5.3 Member agrees not to hold INDIGO or its employees responsible for the loss, theft, or damage of Members’ personal belongings including but not limited to laptop computers, cell phones, clothing, bags, wallets, or books.
5.4 INDIGO will carry insurance for property belonging to INDIGO and The Space. As a Member, it is strongly suggested that you carry your own liability and property insurance.
6 FINAL PROVISIONS
6.1 Member understands that INDIGO reserves the right to update these Terms and Conditions of Membership and the Handbook at any time. Member understands that INDIGO will attempt to contact members to notify them of any changes within 30 days of their enactment, but Member also understands it is ultimately Member’s own responsible to periodically check the Terms and Conditions of Membership and Handbook for any changes.
6.2 In the event that any provision or portion of these Terms and Conditions of Membership are determined to be invalid, illegal, or unenforceable for any reason, in whole or in part, the remaining provisions shall be unaffected and shall remain in full force and effect to the fullest extent permitted by the law.
6.3 This Agreement shall be governed by the laws of the State of South Carolina without regard to choice of law statutes and principles, and the parties hereby submit to the jurisdiction of South Carolina courts.
6.4 This Agreement supersedes and replaces any and all previous agreements between the parties.
By signature below, Member represents to have read the above Terms and Conditions of Membership in their entirety, have been given the opportunity to ask questions and/or have this document reviewed by legal counsel, and that Member understands and agrees to abide by the above Terms and Conditions of Membership, by the Membership Agreement, and by the INDIGO Rules.
(full name of the signing person or agent)
Title: ______________________ Date: __________________________________________
Date: __________________ If signing on behalf of a legal entity then provide
the following additional information.
Legal Entity: ________________________________________