This document pertains to the agreement between MYSELF (hereby referred to as "Member" or "Licensee"), the entity or person identified on the signature page of this agreement, and MAKEIT LABS CORP. (hereby referred to as the "Releasee", "Company", or "MakeIt Labs"), that is prerequisite for access to and use of the RELEASEE'S equipment and facilities located at: 25 Crown St. Nashua, NH 03060. Your photo will be taken as part of the waiver process.
The Company and the Member hereby agree that the Company will provide to the Member a license to the shared MakeIt Labs facilities located at 25 Crown Street, Nashua, New Hampshire. This Agreement is a Membership & License Agreement and is not a lease or any other form of tenancy agreement. The Company and Member agree as follows:
1. Duration of Agreement & Termination. This Agreement is a Membership and shall commence immediately. This Agreement shall automatically renew on a month-to-month basis. Either party may terminate this Agreement any time and for any reason or no reason with 30 days advance notice. Notwithstanding the foregoing paragraph and notice period, MakeIt Labs reserves the right to terminate access to and use of Company facilities at any time, immediately and without notice, if the Member fails to comply with any provision of this Agreement and MakeIt Labs Policies and Code of Conduct.
MakeIt Labs reserves the right to amend the Policies and Code of Conduct and Services Addendum from time-to-time and at its sole discretion. MakeIt Labs will notify Member of any changes to said rules and regulations in writing and prior to such rule changes taking effect. For purposes of providing notice under this Agreement, Member agrees that MakeIt Labs may provide notice to Member by e-mail. Should MakeIt Labs desire to change the terms of this Agreement, MakeIt Labs shall provide Member with 30 days advance notice of any amended terms and upon expiration of such 30-day period, such amended terms shall become immediately effective unless Member has provided his or her notice to terminate the Agreement.
Upon the termination of this Agreement, Member shall thereafter have no further right to use MakeIt Labs facilities in any manner and Member shall make no further use of MakeIt Labs. All of Member's personal items (if any) must be removed from MakeIt Labs by the termination of this agreement. Any items remaining after termination of this agreement become property of MakeIt Labs. All advance fees, if any, shall be justly prorated and returned to Member, along with any deposits, within 30 days of the termination of this agreement.
2. Description of Services. MakeIt Labs agrees to provide Member with RFID-entry access to non-exclusive workshop facilities, exclusive access to individual workspace if so detailed in the Services Addendum, reasonable electrical power, and wireless internet at MakeIt Labs, and range of related services as detailed in the attached Services Addendum if applicable.
3. Member Obligations. Member shall only use the facilities in accordance with MakeIt Lab's Policies and Code of Conduct. 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 MakeIt Labs, including unreasonable or inappropriate wear on equipment or damage to the building in which MakeIt Labs is located ("Building"). Member shall not disturb the use and enjoyment of the Services by any other Member of the Company or the use and enjoyment of the Building by any occupant of the Building. Member shall not use MakeIt Labs facilities for any inappropriate or unlawful activity including obscenity and use of material protected by intellectual property laws.
4. Fees. User agrees to make payments via MakeIt Lab's payment system in the amount and manner as detailed by the payment system. Failure to make monthly payments as described will result in the 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 the Company in connection with any late payments or past due amounts.
5. Risk of Use. Member acknowledges that he/she is using the facilities at his/her own free will and decision. Member acknowledges that MakeIt Labs does not have any liability with respect to Member's access, participation in, use of the facilities, or any loss resulting from such participation or use.
MakeIt Labs and its respective board members, employees, volunteers, instructors, agents, contractors and officers shall not, to the extent permitted by law, be liable for, and the Member waives all right of recovery against MakeIt Labs and such individuals for any damage or claim with respect to any injury to person or damage to, or loss or destruction of, any property of Member, its contractors, employees and invitees due to any act, omission or occurrence in or about MakeIt Labs or the Building. Member agrees to indemnify, defend, protect and hold the Company and its respective board members, employees, volunteers, instructors, agents, contractors and officers harmless from and against all claims of whatever nature arising out of Member's use of the facilities and occupancy of the Company. Members are strongly encouraged to carry insurance that covers their personal equipment while using the workspace at MakeIt Labs.
6. Interruption of Service. Member acknowledges that due to the imperfect nature of electronic communications, electronics and utilities, MakeIt Labs shall not be responsible for damages, direct or consequential, which may result for the failure of MakeIt Labs to furnish any of the Services. The Company 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 facilities or equipment to the Member.
7. Relationship of the Parties. Member is not an employee or contractor of the Company. MakeIt Labs has no right to the work produced by Members or guests working at the Company. Members shall maintain all copyrights, patents and any other proprietary rights related to the Member's works that are created using the facilities.
8. 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.
9. Waiver. No delay or omission on the part of MakeIt Labs in exercising any right under this Agreement shall operate as a waiver of such right or of any other right of the Company, 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 MakeIt Labs of any payment, or of a sum less than is due, shall not be construed as a waiver of any of the Company's rights unless such waiver is in writing.
10. THIS AGREEMENT IS NOT A LEASE AND DOES NOT CREATE OR REFLECT ANY FORM OF TENANCY OR INTEREST IN REAL PROPERTY IN FAVOR OF THE MEMBER. This Agreement is subject and subordinate to a lease by and between MakeIt Labs 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 New Hampshire. Any litigation arising out of this Agreement shall be brought by either party in a court of competent jurisdiction in the State of New Hampshire.
Waiver of Liability and Hold Harmless Agreement
- In consideration for receiving permission to access the RELEASEE'S facilities and make use of the related contents and equipment, I,for myself and on behalf of my legal representatives, heirs and assigns, herebyirrevocably RELEASE, WAIVE, DISCHARGE AND COVENANT NOT TO SUE THE RELEASEE and its respective board members, employees, volunteers, instructors, agents, contractors and officers (collectively, the RELEASED PARTIES) from any and all liability, claims, demands, actions and causes of action whatsoever arising out of or related to any LOSS, DAMAGE OR INJURY, INCLUDING DEATH, that may be sustained by me, or any of the property belonging to me, WHETHER CAUSED BY THE NEGLIGENCE OF THE RELEASED PARTIES OR OTHERWISE, while participating in such use, or while in, on or upon the RELEASEE'S premises.
- I am fully aware of the unusual risks involved and hazards connected with any kind of use of the RELEASEE'S facilities and equipment, especially the operation of machine tools and related metalworking and woodworking activity, and I hereby elect to voluntarily participate in said activity with full knowledge that said activity may be hazardous to me or my property. I VOLUNTARILY ASSUME FULL RESPONSIBILITY FOR ANY RISK OF LOSS, PROPERTY DAMAGE OR PERSONAL INJURY, INCLUDING DEATH, which may be sustained by me, or any loss or damage to property, owned by me, as a result of being engaged in such activity, WHETHER CAUSED BY THE NEGLIGENCE OF ANY OF THE RELEASED PARTIES OR OTHERWISE.
- I further hereby AGREE TO INDEMNIFY AND HOLD HARMLESS THE RELEASED PARTIES from any loss, liability, damage or costs, including court costs and attorney fees, which may be incurred due to my participation in said activity, WHETHER CAUSED BY THE NEGLIGENCE OF ANY OF THE RELEASED PARTIES OR OTHERWISE.
- It is my EXPRESS INTENT that this WAIVER OF LIABILITY AND HOLD HARMLESS AGREEMENT shall bind the members of my family and spouse, if I am alive, and my heirs, assigns and personal representative, if I am deceased, and shall be deemed as a RELEASE, WAIVER, DISCHARGE AND COVENANT NOT TO SUE THE RELEASED PARTIES. I hereby further agree that this WAIVER OF LIABILITY AND HOLD HARMLESS AGREEMENT shall be construed in accordance with the laws of the State of New Hampshire.
- IN SIGNING THIS RELEASE, I ACKNOWLEDGE AND REPRESENT THAT I have read the foregoing WAIVER OF LIABILITY AND HOLD HARMLESS AGREEMENT, understand it and sign it voluntarily as my own free act and deed; no oral representations, statements, or inducements, apart from the foregoing written agreement, have been made; I am at least eighteen (18) years of age and fully competent; and I execute this RELEASE for full, adequate and complete consideration, fully intending to be bound by the same.
MakeIt Labs Policies and Code of Conduct
MakeIt Labs strives to provide a safe, productive and fun work environment for its members. In light of this mission, we ask you to obey the following policies and procedures for working in our facility. Failure to obey these policies and procedures can make our facilities dangerous or unwelcoming to others, and such actions on your part may result in your license being terminated without notice. Please take them seriously. We reserve the right to change these policies and procedures as needed and with sufficient notice to members.
- Obey all posted signs and literature pertaining to safe use of our facilities. These include but are not limited to signs regarding appropriate shop clothing and protective gear, techniques for safe equipment use, material-specific precautions for equipment, and machine tool lockouts.
- Do not use equipment you are not comfortable with or trained to use. Our strong preference is that you not operate heavy machinery without a partner in the facility; operate it individually at your own risk. Default to asking for help if uncertain.
- Adhere to the following dress code:
- FOOTWEAR - Steel toe boots are recommended. Soft soles and stable platforms provide the most secure footing. Leather shoes required for metal work. No high heels or open-toed shoes in the garage area.
- Clothing on your person should NOT hang away from the body. Long pants and long sleeves not made of polyester or synthetic fabricsare highly recommended when performing any action that produces sparks. Long sleeves are NOT recommended for any machining work (lathes, mills, etc.)
- JEWELRY - Studs on the ears and face are fine. Bracelets, rings, necklaces, and watches should be avoided.
- Clean up after yourself. Always leave ample time to clean up when you are finished. Any spills should be cleaned in an appropriate manner immediately.
- Immediately obtain first aid for any injury and report to shop managers. When determining the severity of the injury, always err on the side of caution.
- Be aware of all equipment around you, especially that with moving parts.
- Check that all pieces and tooling are properly secured before operating equipment.
- Remove all chuck keys, wrenches, and other tools from the machinery after making adjustments.
- Work with a partner when appropriate--do not try to move heavy objects nor support heavy pieces by yourself.
- Properly prepare stock before use. Store stock in a respectful manner.
- Only one person should be operating a machine at a time.
- The social lounge and kitchen areas are for sitting and talking and eating. Do not do these things at or while operating machines.
- Ensure that you are working in a properly lit space.
- Do not use compressed air to clean machinery, work surfaces, or yourself.
- Do not attempt maintenance or repair work on running equipment.
- Do not leave machines running unattended.
- Do not attempt to stop running equipment with any part of your body.
- Use of MakeIt Labs facilities, equipment and/or Services for criminal or illegal purposes or other misconduct is strictly prohibited. Reports of suspected misconduct or illegal activity shall be investigated by the board of directors and violations shall be grounds for immediate termination of your membership.
- In a shared and open facility like ours, it is possible for less experienced members to operate equipment dangerously without knowing it. Please stay on the lookout for unsafe behavior, and approach and offer feedback to fellow members if you believe they are working unsafely.
- Please notify resource managers of any problem with the facility, machines, or other members in the space as soon as you notice them. Something that does not feel or sound right is likely not working right.
- Report any lost keys to the space, tools, or machinery immediately.
- Stow materials, tools, and scrap appropriately. Do not pose a tripping hazard or put tools at risk for damage.
- Respect all people, equipment and space.
- In both in-person and electronic interactions, behave respectfully, courteously, and professionally to your fellow members. MakeIt Labs strictly prohibits and does not tolerate unlawful harassment against any other members or MakeIt Labs board members, employees, volunteers, instructors, agents, contractors and officers because of race, religion, creed, national origin, ancestry, sex, gender (including gender nonconformity and status as a transgender or transsexual individual), age, physical or mental disability, citizenship, genetic information, past, current or prospective service in the uniformed services, or any other characteristic protected under applicable federal, state, or local law. No discrimination, harassment, or hate speech shall be tolerated and shall be grounds for immediate termination of your membership.
- Please be open to constructive feedback from fellow members, especially as it pertains to safe use of our equipment and disrespectful communication or behavior.
Courtesy of Individual Spaces:
- If you are licensing space from us, please keep your individual space relatively orderly.
- Do not enter any individual workspaces that are not yours without explicit permission.
- MakeIt Labs reserves the right to inspect individual workspaces at any time and from time to time without notice in order to ensure the safety of the facilities, its equipment, staff and other members and to ensure that members are complying with MakeIt Labs Policies and Code of Conduct.
Courtesy of Shared Spaces:
- Keep noise levels to a respectful minimum for the comfort and enjoyment of those in the immediate area.
- No loud music, tool use or other noise will be permitted in the open rental areas without the explicit permission of the members around you.
- No fumes or flames are permitted in unventilated areas.
- Restore the shared spaces to be as clean as or cleaner than when you found them.
- Please respect and do not interrupt any official activities or classes in the shared spaces.
- MakeIt Labs retains the right to monitor and inspect all areas of the facilities to ensure the safety of the facilities, its equipment, staff and other members and to ensure that members are complying with MakeIt Labs Policies and Code of Conduct.
- Non-member guests are permitted at MakeIt Labs so long as they agree to and sign the non-member portion of this waiver and do not interfere with other members.
- Guests under the age of 18 are permitted if accompanied by the parent or guardian who has co-signed their waiver.
- Guests must be working directly with their host member.
- Guests and their actions are the sole responsibility of the host member.