MEMBERSHIP TERMS, PAYMENT AND PROVISIONS
Access: Smart Space Studios LLC (“Smart Space”) is a private art studio for adults. We provide access to members for the purpose of creating art. By executing this agreement and upon presentation of photo ID and payment of a keycard fee, the Member will receive an electronic keycard. The keycard provides access to use the facility during the Member’s scheduled studio time. The keycard remains the property of Smart Space and must be returned upon Membership Cancellation, Termination, or Expiration. Failure to return the keycard will result in a $20 charge.
Membership: Membership entitles the member (the “Member”, “me” or “I”) to use the Smart Space’s scheduling system to schedule a maximum of three, three (3) hour sessions per day at the Smart Space premises (the “Studio”) while membership is active and not suspended. The member understands that scheduling is on a first-come first-serve basis and availability may be limited. I understand that from time to time Smart Space may offer workshops or other classes that are completely separate from my membership, and if I wish to attend I will pay a separate admission fee to attend.
Billing: I understand and agree that once per month, beginning on the membership start date, I will be charged the agreed amount using my saved credit/debit card for this membership package. I will be charged this amount one timer per month until I cancel my membership in accordance with the below policy. I understand that I will be notified if my payment fails to authorize for any reason, and that a $20 late fee will apply if I do not provide a valid credit or debit card within ten (10) calendar days of the original rejection date.
Membership: Members select membership that entitles the Member to following benefits based on selected membership type:
Basic Membership:
1) Advanced scheduling through the Smart Space MINDBODY platform. Basic members are restricted from scheduling between 6-9pm Monday-Friday and weekends.
2) Personal locker for storage of art supplies.
3) Storage of three (3) unique pieces of art.
4) Basic members have access to studios D-L.
Premium Membership:
1) Advanced scheduling through the Smart Space MINDBODY platform.
2) Personal locker for storage of art supplies.
3) Storage of three (3) unique pieces of art.
4) Premium members have access to studios D-L with no day or time restrictions.
Platinum Membership:
1) Advanced scheduling through the Smart Space MINDBODY platform.
2) Access to dedicated Platinum membership studios.
3) Personal locker for storage of art supplies.
4) Storage of five (5) unique pieces of art.
5) Platinum members have access to all studios (A-L).
Membership Term: The period covered by the first month’s fees, as well as any additional days of Membership for which payment is received, is considered the “Paid Period” of the Month‐to-Month Membership. The “Paid Period” is the term of the Month‐to‐Month Membership.
Membership Fees Increase: Smart Space reserves the right to increase the monthly fees either once per calendar year or upon the 13th month of membership. Unless the Member is provided with a thirty (30) day notice, such increases shall not exceed $50.00 per month. Smart Space has the right to add to the monthly membership fees of any tax imposed by the government.
Enrollment Fee: The Member or Buyer is required to pay a nonrefundable enrollment fee as a requirement of the Month-‐ to-‐Month Membership. As long as the membership is maintained in good standing the enrollment fee will be charged only once during the term of the membership. The enrollment fee may change from time to time at the discretion of Smart Space.
Change in Billing Information: To avoid a nonpayment of Billing and associated incidental service charges, any change in billing information must be provided to Smart Space fifteen (15) days prior to the next payment date.
Unpaid Balances: Outstanding balances past thirty (30) days are subject to membership suspension and a service charge of $35 for each month overdue. Any cost for collections incurred by Smart Space will be added to the member’s outstanding balance. Upon termination or cancellation of membership, any unpaid balance for services, membership fees, or merchandise will become immediately due. Smart Space reserves the right to charge past due balances and related charges to my account.
Member’s Payment Obligation: I shall not be relieved of the obligation to make payments agreed to and no deduction from any payment shall be made because of my failure to use the Smart Space facilities. Fees are for the period stated in the Agreement.
MEMBERSHIP CANCELLATION
Member Five (5) Day Right to Cancel: I may cancel this agreement at any time prior to the midnight of the fifth business day after the date of this agreement, excluding Sundays and holidays. To cancel this agreement, the Member must mail or deliver a signed and dated notice, which states that the Member is canceling this agreement, or words of similar effect. The notice shall be sent or delivered either in person or by U.S. certified mail to: Smart Space Studios LLC, 1178 Broadway, New York, NY 10001 or by e-mail to Victoria@Smartspacestudios.com. Upon cancellation, all payments will be refunded within thirty (30) days after Smart Space receives proper notice of the cancellation, less any payment for Studio access (based upon daily visit rate) or services that the member received prior to cancellation. If I have not exercised my Five (5) Day Right to Cancel, then I have agreed to and am bound by the terms and conditions of this Membership Agreement.
Cancellation of Month-to‐Month Membership An initial payment is required to establish the Month‐to-Month Membership. The Month-to-Month Membership may be cancelled after Smart Space has received this first payment. Cancellation requires Written Notice at least fifteen (15) Days prior to the next payment date. Payment Authorization will remain in full effect until Smart Space receives proper notification. Written Notice must be delivered either in person or by U.S. certified mail to: Smart Space Studios LLC, 1178 Broadway, New York, NY 10001 or by e-mail to victoria@Smartspacestudios.com. Faxes and phone calls are not an acceptable means of notification. I must pay in full any outstanding monies due. I may continue to use the facility during the Paid Period as the membership ends at the conclusion of the Paid Period. I must return all membership access devices (keycard). Once the membership is cancelled, an enrollment fee must be paid again should I wish to rejoin the Studio.
Late Cancellation and Billing Errors: No refund of monthly fees will be paid if I cancel after the deadline (15 days prior to the billing date). It is my sole responsibility to observe proper cancellation procedures. Termination of membership will be effective at the conclusion of the Paid Period. The Member may continue to use the facility during the Paid Period. Should a billing error occur, Smart Space would provide a refund with an authoritative WRITTEN proof of cancellation, i.e., certified mail receipt and copy of cancellation, or a studio generated confirmation of cancellation. It is the Member’s responsibility to retain records until his/her bank statement has confirmed the cancellation.
Cancellation by Studio: Smart Space reserves the right to cancel this Membership Agreement and terminate any membership rights associated therewith for any violation by the Member of the provisions set forth within this Agreement, or as promulgated in the Studio or on its website, or of which Member has been verbally notified, including but not limited to: (a) failure to make payments of monies when due, (b) consistent failure to observe Rules and Regulations, (c) behavior that is contrary to the best interests of other Members or Guests. Upon cancellation I must return all membership access devices (keycard). Any outstanding monies will be immediately due and payable (see Unpaid Balances).
Member Death or Disability: If the Member is unable to use the facilities because of death or disability, the Member or Member’s representative may cancel this Agreement. Reasonable verification in writing must be provided. No further payments are required, and upon request a prorated portion of any prepaid amount will be refunded to the Member or Member’s representative.
Studio Relocation or Closure: Should this location close and not offer an alternative location substantially similar and within one (1) mile, the Member’s membership will be cancelled. Member shall be relieved of the obligation of making payments for services other than those received prior to the relocation or closure. If the Member has prepaid any sum for services that are not received prior to the relocation or closure, the unused portion shall be refunded to the Member.
Pre-Opening Memberships: If the Member has purchased a membership prior to the Studio opening and the Studio has not provided the agreed upon services within two (2) months of the date of this Agreement, the Member may cancel their membership and receive a refund. If the Studio does open, but after two (2) months of the date of this agreement, the Member may still cancel, but must do so within fifteen (15) days of the date that the Studio opens for business, excluding Sundays and holidays. To cancel this agreement, the Member must mail or deliver a signed and dated notice, which states that the Member is canceling this agreement, or words of similar effect. Written Notice must be delivered either in person or by U.S. certified mail to: Smart Space Studios LLC, 1178 Broadway 4th Floor, New York, NY 10001 or by e-mail to victoria@Smartspacestudios.com. Upon cancellation, all payments will be refunded within fifteen (15) days after Smart Space receives notice of the cancellation.
MEMBER RISK
Assumption of Risk: In consideration of Member participating in the activities and use of the facilities offered by Smart Space, Member knowingly and freely assumes the risk of any and all accidents or injuries of any kind that may be sustained by, or in connection with, use of the facilities.
Unsupervised Art Studio: Member acknowledges that Smart Space is an unsupervised art studio. Member assumes all risks associated with using equipment alone without the presence or supervision of studio staff.
Release of Liability and Hold Harmless: Except for those claims based upon willful misconduct or gross negligence, Member agrees, to the fullest extent allowed by law, to fully release, discharge, indemnify, defend, and hold harmless, Smart Space, its owners, officers, directors, shareholders, employees, agents, lessors of premises and equipment, and affiliates (“Releasees”), and to assume responsibility for any and all present and future claims or demands resulting in injury, death or property damage, whether caused by the negligence of Releasees or otherwise, while Member is in, or about the Smart Space premises or the building in which it is located, or any facilities or equipment, or taking part in any activities associated with the Studio, but outside the Studio. Member understands that the Studio is relying upon the Member’s acceptance of this Release of Liability and Hold Harmless provision in agreeing to enter into this Membership Agreement with Member.
Damage to Property or Loss of Property: Smart Space will not be responsible for the loss, theft, disappearance, or damage to any personal property, including art, art supplies, money, negotiable securities or jewelry belonging to Member. MEMBERS ARE STRONGLY ENCOURAGED TO LEAVE VALUABLES AT HOME OR TO KEEP THEM ON THEIR PERSON AT ALL TIMES.
GENERAL STUDIO RULES, REGULATIONS, CONDITIONS AND PROVISIONS
Member agrees to abide by all Studio rules and regulations, and consents to the conditions and provisions contained within this agreement or promulgated in any manner. Smart Space may impose or change any of these rules, regulations, conditions, and provisions at any time at its reasonable discretion.
Studio Entry: During Hours of operation the Member must present their electronic keycard for check-in at building entrance and Studio door. The Member is prohibited from accessing the Studio without their keycard. The Member will use their keycard to activate the entry door mechanism. Studio use and all membership privileges are personal to the Member on an individual basis and may not be transferred to any other person under any circumstances, including: Studio access, storage, and Wi‐Fi. Except as provided below with respect to Guest Use, the Member must not allow any other person access to the studio through the use of the Member’s keycard or otherwise. Doing so may result in immediate membership suspension or cancellation, with any outstanding membership balance immediately due and payable.
Additionally, the Member may be charged an administrative fee of up to $250. If the keycard is lost or stolen the Member must alert studio management immediately to have the keycard deactivated and a new one issued. The keycard replacement fee is $20.
Guest Use: A Member may bring a Guest only after notifying Smart Space Studios in writing. Providing a Guest with access at any other time may result in membership suspension or cancellation, with any outstanding membership balance immediately due and payable. Additionally, the Member may be charged an administrative fee of up to $250. The Guest must agree to the Guest Agreement upon each studio visit and comply with all studio rules, regulations, conditions, and provisions. Guests must be attended by Member at all times and are not permitted to use studio facilities or equipment. Smart Space reserves the right to exclude any Guest from the Studio if the Guest’s presence, in the sole opinion of Smart Space, would be detrimental to the use and enjoyment of Smart Space by other Members and Guests. Members are responsible for the actions of their Guests.
Member and Guest Conduct: Members and their Guests shall be subject to the control of Smart Space staff and must follow the instructions of the staff while in Smart Space. Members and their Guests agree to conduct themselves in a quiet and well‐mannered fashion so as not to cause any disturbances that would interfere with the use and enjoyment of Smart Space by other Members and Guests. Under no circumstance shall Member or Guest use foul, loud, or slanderous language, or harass, molest, badger, or solicit other Members or Guests.
Equipment Use: Members and their Guests must return all accessories or equipment to their proper location after use.
Lingering: Smart Space facilities are for the express purpose of creating art. Members may not linger in the Studio beyond their scheduled studio time.
Cameras and Cell Phones: Cell phones must have ringers turned off. Calls should be taken outside the studio/facility or kept very brief and discrete. Member and Guest must make every effort to minimize the impact of their cell phone use while in the studio. Loud phone conversations are strongly discouraged and may result in Member’s/Guest’s exclusion from the facility, at the sole discretion of management. Members and their Guests shall not take photos or videos in any form of other members work, including but not limited to those taken by phones without written permission.
Surveillance and Security: Be advised that the Studio is under surveillance 24 hours a day. The video record of Studio entry and Member use of the facilities will be retained by Smart Space for scrutiny. Members are responsible for operation of panic alarms and agree to use them only in case of emergency.
Pets and Bikes: No Pets (service animals excluded) in the Studio or in the building in which it is located. Do not leave dogs tied up outside. Bikes are restricted to outside storage.
Storage of Personal Belongings and Locker Usage: All members will be assigned a personal, lockable, storage locker. Personal belongings must be stored in lockers when not in use and are not allowed on the studio floor. Smart Space is not liable for the loss or damage of any item left in the lockers. After notification of membership cancellation is provided in writing, members remove all personal articles from their locker by the last day of their membership term, after which, Smart Space will be entitled to retain or dispose of any such property, and I hereby waive any claims or demands regarding such property.
Age Requirements: Members and their Guests must be 18 years of age. However, a Member may bring a minor child who is at least 13 years of age as a Guest, as long as the Member is the legal guardian of the minor child. The minor child must be under direct supervision of their parent/legal guardian at all times. All Guest visits are restricted as defined in Guest Use section of this agreement.
Right to Change Hours and Facilities: At its sole discretion and without notice, Smart Space reserves the right to alter or amend staffed hours of operation, make changes to the physical facilities, change equipment, alter, amend or eliminate programs and activities, and temporarily close the Studio or any part of it while repairs, renovations or maintenance take place. Smart Space will make every effort to minimize any disruption to members during these periods. There will be no reduction, suspension, abatement, or apportionment of membership fees or other charges.
Material Changes and Extended Interruption of Service: Member may cancel this Agreement if the club materially changes the services promised as part of the initial contract. If this period of interruption extends beyond one year, a Member’s obligations will be suspended.
Right to Modify Membership Fees, Terms, and Programs: Smart Space reserves the right to alter or amend the terms of any or all of its membership programs, including but not limited to pricing, monthly fees, limited-‐use and full-‐use membership times (if applicable), rules, regulations, policies, reciprocity of use between clubs (if applicable), Membership privileges, or other special membership privileges.
Right to use Member’s Work
By becoming a Member, you understand, agree, and consent to Smart Space’s perpetual use of any artwork created in the Studio for marketing purposes, which may include republishing such content in a variety of print and digital mediums. At Smart Space’s discretion, the Member’s name may accompany such use of such images.
By becoming a Member, you further understand and agree that you are responsible for the consequences of posting or publishing such images. You further affirm, represent, and warrant that you own or have the necessary licenses, rights, consents, releases and permissions to use and authorize Smart Space to use all intellectual property, including but not limited to: patent, trademark, service mark, trade dress, trade secret, copyright, name, image, likeness or other proprietary rights (“IP”) in and to any and all images to permit use of such images in the manner contemplated by this contract.
Smart Space Studios does not permit infringement of IP rights on its websites; Smart Space will block and/or remove all images from websites it controls if properly notified that such images infringe on another’s IP or other right(s).
Membership Agreement, Membership Information and Correspondence: The Member hereby acknowledges that an essential aspect of Smart Space business operations is its reliance upon a paperless enrollment process. Consequently, Smart Space is highly dependent upon e‐mail and therefore the accuracy of the member’s e‐mail address. Member hereby consents to delivery of all documents relating to membership, including without limitation this Membership Agreement, via e-mail. Any e-mail correspondence initiated by Smart Space will be deemed as received by the Member one day after it is sent. Any mail correspondence initiated by Smart Space will be deemed as received by the Member within five (5) days of mailing. It is the responsibility of the Member to insure e-mail receipt of their Membership Agreement or membership related information AND to promptly notify Smart Space in writing of any changes in e-mail address, mailing address, telephone, and billing information.
Member Contact by Phone: Member consents to receive telephone calls, including automated telephone calls, from or on behalf of Smart Space concerning membership matters, including, without limitation, billing notifications, Studio closures, and special events. Telephone notifications will be placed to the telephone number then on file at Smart Space, and the Member assumes responsibility for any charges placed on the calls by the Member's telephone services provider.
Refunds: Unless otherwise stated, any approved refund will be made within thirty (30) business days from the date of request.
No Discrimination: Smart Space will not discriminate against a person because of sex, race, creed, age, color, national origin, sexual orientation, or ancestry in considering an application for membership.
Entire Agreement: The Member acknowledges that neither Smart Space, nor anyone else made any representations or promises upon which the Member relied that are not stated in this Agreement. Smart Space employees are not authorized to make any changes written and/or verbal, additions, or modifications to this Agreement. This Agreement, these Terms and Conditions, and all rules and regulations of Smart Space, as revised from time to time, constitute the entire and exclusive Agreement between the Member and Smart Space and replaces any prior agreement, promise, and/or representations whether oral or written. This Membership Agreement shall be interpreted under the laws of the State of New York. It is mutually agreed by and between Smart Space and Member that they both hereby waive trial by jury in any action proceeding or counterclaim brought by either of the parties hereto against the other on any matters whatsoever arising out of, or in any way connected with this Agreement, Member’s use of the Studio, and/or Smart Space’s use of Member’s IP. If a court declares any part of this agreement invalid, it will not invalidate the remaining parts, which continue unaffected. If Smart Space does not enforce any right in the agreement for any reason, Smart Space does not waive its right to enforce it later. In the event of any litigation arising out of this agreement the prevailing party shall be entitled to recover legal fees.
BY PURCHASE OF MONTHLY MEMBERSHIP, THE MEMBER WARRANTS THAT HE/SHE AGREES TO ALL CONDITIONS OF THIS MEMBERSHIP AGREEMENT.
