ATXHS Member Agreement
By signing below, I agree to be bound by and adhere to the terms of this Agreement, the ATXHS Member Handbook, and all policies or procedures adopted by the ATXHS Board. Additionally, by using the ATXHS facilities, tools, and equipment, I agree to be bound by and adhere to the terms of this Agreement, the ATXHS Member Handbook, and all policies and procedures adopted by the ATXHS Board. The ATXHS Member Handbook and all other policies and procedures adopted by the ATXHS Board are incorporated by reference into this Agreement as if they were fully set forth herein.
I understand, acknowledge, and agree that if I violate any of the terms and conditions of this Agreement, the ATXHS Member Handbook, and/or any policy or procedure adopted by the ATXHS Board that my membership will be terminated.
I acknowledge that I help to create the environment here, and that my responsibility will include learning new things about myself to be a better community member, teaching others what I know, learning from other members who know more than I do, contributing cooperatively to the goals and efforts of others in the space, offering some of my skills and talents to help ATXHS to thrive, and behaving with humility around powerful machines.
I acknowledge that despite precautions, there is risk associated with coming to the space. If I use the space during the COVID-19 pandemic, I do so at my own risk. I acknowledge the contagious nature of COVID-19, that the disease may be spread by persons who do not have symptoms, and that despite all preventive measures, I can still be exposed to or contract COVID-19 disease from using the facilities, tools, and equipment at ATXHS. I agree that ATX Hackerspace assumes no liability whatsoever if I am exposed to or acquire COVID-19 disease because I have used the space. I release ATXHS and its members, users, board members, and officers from any liability of any kind to the fullest extent of the law should I be exposed to or contract COVID-19 while at the space. I agree to defend, indemnify, and hold ATX Hackerspace harmless from liability of any kind based in whole or in part on the exposure to or injury from COVID-19 disease. I understand that this waiver and indemnity extends to the exposure or contracting of COVID-19 disease by my family and friends should I be exposed at the space and bring the disease home or elsewhere.
I further acknowledge that ATXHS has put in place preventative measures to reduce the spread of COVID-19. I further acknowledge that ATXHS cannot guarantee that I will not become infected with COVID-19. I understand that the risk of becoming exposed to and/or infected by COVID-19 may result from the actions, omissions, or negligence of myself and other members. I voluntarily choose to use ATXHS facilities, tools, and equipment and acknowledge that by doing so I am increasing my risk of exposure to COVID-19. I agree to comply with all policies and procedures ATXHS’ Board has adopted to reduce the spread of COVID-19. I understand that this liability waiver applies even if I, my family, or attorneys working on my behalf or my family’s behalf believe that ATXHS acted negligently. To be clear, to be able to use the space, I am agreeing to release ATXHS from liability and to indemnify ATXHS from all claims and liability of any kind even if they are based on negligence on the part of ATXHS.
For as long as required by ATXHS policy,
I understand if I violate these rules, I will be asked to leave the space and have my access temporarily or permanently revoked at the Board’s sole discretion.
Safety in the Shop
I agree to use the tools, equipment, and machines at ATXHS in a safe manner. I have read the ATXHS Member Handbook (http://bit.ly/atxhs-mhb) and agree to follow all rules and regulations of the shop outlined therein or in the shop itself.
I agree that safety is everyone’s responsibility. I will not use any tool or machine without proper training. I will review the relevant safety videos at Power Tool Institute, Inc. before using tools and equipment at ATXHS, and take ATXHS’ required Woodshop Safety course.
If I break a tool or machine, I agree to notify other members via the Space Teams forum (https://yo.atxhs.org/c/spaces/9) with the words “Red-Tagged [name of machine]”, to place a physical red tag, and learn what I did wrong. I acknowledge that the Saw Stop table saw has a safety brake that is set off by conductive materials including, but not limited to, wet or damp wood. I agree to pay ATXHS the cost of replacing the Saw Stop emergency brake if it is set off while I am using it. I understand that if I break a tool or machine that requires a costly repair or part replacement, I am financially responsible for its replacement, and I will be billed. Video footage of the shop will help to clarify situations where a machine is broken by an unknown member.
Giving Back and Keeping the Peace
At ATXHS, I will:
ATXHS is a collaborative makerspace. My membership in ATXHS is not a lease. I understand that ATXHS is supportive of maker businesses, and that ATXHS exists equally for hobbyists. I agree that if I make something to sell or if I sell my services as a maker that I have no different rights of membership than any other member. I understand that ATXHS’ machines are maintained by members who volunteer their time, and I agree that I cannot and will not rely on any piece of equipment being in working condition at any particular time. I understand and agree that projects I make at ATXHS are not my sole source of income. I understand and agree that the ATXHS Board of Directors is the sole determiner of hours of operation, which may need to change at times. I will be given notice if a change needs to be made. Though ATXHS is committed to its mission of offering collaborative creative space to the Austin area community, I understand the space is not guaranteed to be available to me at all times.
I agree that I am solely responsible for my project deadlines. I understand and agree that each individual user is entitled to use one table while in the shop, and if I am using more than my allotted space I will remove my things to a single table if another member needs the extra space I am using. I agree to do this without complaint or fuss. I agree that I will not leave my projects on tables when I am not at the space, except when items are drying and cannot be moved. I will use the appropriate tag. (See Member Handbook.)
I understand that if I would like to host a machine at ATXHS, I should email email@example.com. That team will gather input and decide if the tool or machine is needed, allocate space, and establish a hosting and maintenance agreement with me. (See Member Handbook.)
I understand that if I’d like to see a new machine in the shop, or a different use of a part of the space, the first step is to reach out to others on the forum, yo.atxhs.org, and see if I can muster a group of members who want to work on the issue, and can help put together a proposal. Board members are available to help with wording and direction of proposal. (See Member Handbook.)
If I run into a conflict in the space, with another member, a guest, a board member, or with the governance structure of the space, I agree I will:
- Follow processes and protocols for dispute resolution outlined in the Member Handbook.
- Practice clear and non-aggressive communication with all persons involved.
- Work with ombudsman or HR team to resolve conflict amicably. Nobody is profiting from ATXHS and everybody gives their time to help it flourish. I will not abuse the time or investment of a fellow community-member.
- Not use offensive, abusive, or harassing language.
If a conflict comes up which cannot be resolved internally, I elect to solve this issue via community mediation, sooner rather than later, through Austin’s community not-for-profit mediation center: Austin Dispute Resolution Center, 5407 N Interstate Hwy 35 # 410, Austin, TX 78723, Phone: (512) 371-0033. ATXHS and I will split the cost of mediation. Should I have a grievance, I will not file a lawsuit or application for arbitration before first engaging in a good-faith mediation with ATXHS.
I agree to assist with managing conflict at ATX Hackerspace. I will participate in a community-wide process to improve ATXHS’ ability to handle community conflict. I will exercise good faith and cooperation in resolving conflicts. I will assume that others are also acting in good faith. I will act with honesty and integrity when dealing with other members. As a community shop, we rely on one another. I understand that my membership may be suspended or revoked if I am unable to practice cooperation with other community members.
Waiver, Release of Liability, and Assumption of Risk
In consideration of the services of ATX Hackerspace, its members, users, agents, owners, officers, volunteers, participants, employees, and all other persons or entities acting in any capacity on their behalf (hereinafter collectively referred to as "ATX Hackerspace"), I hereby agree to release, defend, indemnify, and hold harmless ATX Hackerspace from all liability of any kind whether based in contract, tort, statutory violation, or other cause of action. I make this agreement to release, defend, indemnify, and hold ATX Hackerspace harmless on behalf of myself, my children, my parents, my heirs, assigns, personal representatives and estate. This release extends to every aspect of my participation in ATX Hackerspace including but not limited to activities, events,, classes,, at any location including but not limited to any location where an event occurs or where equipment for those classes and/or events is placed or is in use.
1. I acknowledge that my participation in an industrial workshop environment entails risks that are known, unknown, anticipated, and/or unanticipated that could result in personal injury, mental or emotional injury, death, and/or damage to myself, to my property, or to third parties. I understand that such risks cannot be eliminated without jeopardizing the essential and/or fundamental qualities of the activity. I assume those risks and release ATX Hackerspace of liability of any kind resulting from those risks and from my membership in ATXHS. I understand and acknowledge that I am hereby relinquishing valuable legal rights.
It is not possible to describe or quantify every risk inherent in the use of ATXHS’ facilities, tools, and equipment. Such risks include but are not limited to: major and minor bodily injury; electrocution; exposure to harmful substances such as but not limited to corrosive acids, poisonous chemicals and gases, strong alkaline materials; collision with objects; exposure to intense radiation from lasers, UV light, electromagnetic, radio and other sources; illness; exposure to extremes of temperature and humidity; electrical arcs; injury by sharp objects; wrist, arm, neck, shoulder, and/or back injuries; slips and falls; falls from a great height; heavy falling objects; and biologically hazardous organisms.
Furthermore, I understand that ATX Hackerspace might be unaware of a participant's fitness or abilities, it might misjudge the conditions, the current state of mind of a participant, or status of the area, and that it may give inadequate warnings or instructions. I also understand that the equipment being used might malfunction. I expressly acknowledge, and promise to accept and assume all of these risks. To be clear, I am agreeing not to make a claim against ATX Hackerspace or to sue ATX Hackerspace even if such claim or lawsuit is based in whole or in part on ATX Hackerspace’s negligence.
2. I acknowledge, agree, and represent that I understand the nature of an industrial workshop space and that I am qualified, in good health, and in proper physical and mental condition to participate in such activity. I further agree and warrant that if at any time I believe conditions to be unsafe, I will immediately discontinue further participation in the activity.
3. I expressly agree and promise to accept and assume all of the risks existing in this activity. My participation in this activity is purely voluntary, and I elect to participate in spite of all risks, known and unknown.
4. This agreement applies to any negligence alleged against ATX Hackerspace: I hereby voluntarily release, forever discharge, and agree to indemnify and hold harmless ATX Hackerspace from any and all claims, demands, or causes of action, which are in any way connected with my participation in this activity or my use of ATX Hackerspace's equipment, tools, or facilities, including any claims which allege negligent acts or omissions by ATX Hackerspace.
5. Should ATX Hackerspace or anyone acting on its behalf, be required to incur attorney's fees and costs to enforce this agreement, I agree to indemnify and hold them harmless for all such fees and costs.
6. I certify that I have adequate insurance to cover any injury or damage I may cause or suffer while participating, or else I agree to bear the costs of such injury or damage myself. I further certify that I am willing to assume the risk of any medical, mental, or physical condition I may have.
7. In the event that I file a lawsuit against ATX Hackerspace, I agree to do so solely in the state of Texas, and I further agree that the substantive law of Texas shall apply. I agree that if any portion of this agreement is found to be void or unenforceable, the remaining portions shall remain in full force and effect.
By e-signing this document, I acknowledge that if anyone is hurt or property is damaged during my participation in this activity, I may be found by a court of law to have waived my right to maintain a lawsuit against ATX Hackerspace on the basis of any claim from which I have released them herein. I have had sufficient opportunity to read this entire document. I have read and understand it, and I agree to be bound by its terms. I am signing this document voluntarily, and if for any reason my signed copy of this Agreement is unavailable, I agree that by entering the ATXHS premises or by using my membership, I am bound by the terms of this Agreement.