Terms and conditions for Family
Monadnock Art X Tech (“the Company”), a New Hampshire nonprofit corporation, and the entity or person identified on the signature page of this agreement ("Member" or "Licensee"), hereby agree that the Company will provide to the Member a license to the shared Monadnock Art X Tech facilities located at 49 Vose Farm Rd. Stes 110 and 200. 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 on _____________(DATE). This Agreement shall automatically renew on a month-to-month basis.
The Member or Monadnock Art X Tech may terminate this Agreement any time with 30 days advance notice.
Notwithstanding the foregoing paragraph and notice period, Monadnock Art X Tech 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 Monadnock Art X Tech Policies and Procedures.
Monadnock Art X Tech reserves the right to amend the Policies and Procedures and Services Addendum from time-to-time and at its sole discretion. Monadnock Art X Tech will notify Member of any changes to said rules and regulations in writing and prior to such rule changes taking effect.
Upon the termination of this Agreement, Member shall thereafter have no further right to use Monadnock Art X Tech facilities in any manner and Member shall make no further use of Monadnock Art X Tech other than to remove personal items. 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. Personal items must be removed from Monadnock Art X Tech within 15 days of the termination of this agreement, after which period they become property of Monadnock Art X Tech.
2. Description of Services. Monadnock Art X Tech agrees to provide Member with secured-entry access to non-exclusive, manufacturing equipment and workshop facilities, exclusive access to an individual office workspace, reasonable electrical power, and wireless internet at Monadnock Art X Tech.
3. Member Obligations. Member shall only use the facilities in accordance with Monadnock Art X Tech 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 Monadnock Art X Tech, including unreasonable or inappropriate wear on equipment or damage to the building in which Monadnock Art X Tech 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 Monadnock Art X Tech 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 in the amount, form and manner as detailed in the Monadnock Art X Tech Services Addendum. 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 Monadnock Art X Tech does not have any liability whatsoever with respect to Member's access, participation in, use of the facilities, or any loss resulting from such participation or use.
Member understands that The Company is a non-profit organization, is volunteer-powered, poorly capitalized, and resource constrained, and does not consistently have the ability to provide adequate training for the use of its machines, equipment, and/or facilities. Member shall be solely responsible for obtaining information and safety and operational training of equipment by watching training videos online, hiring personal trainers (that may or may not be affiliated with The Company), taking classes, or from other means.
Monadnock Art X Tech 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 Monadnock Art X Tech 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 Monadnock Art X Tech or the Building. Member agrees to indemnify, defend, protect and hold the Company and its respective board members, employees, volunteers, instructors, agents, contractors, officers, Members, and Equipment and/or Tool Owners 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 Monadnock Art X Tech.
6. Interruption of Service. Member acknowledges that due to the imperfect nature of electronic communications, electronics and utilities, Monadnock Art X Tech shall not be responsible for damages, direct or consequential, which may result for the failure of Monadnock Art X Tech 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. Monadnock Art X Tech 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 Monadnock Art X Tech 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 Monadnock Art X Tech 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 Monadnock Art X Tech 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.