MEMBERSHIP TERMS & CONDITIONS
SERVICE AGREEMENT FOR USERS & MEMBERS
As a user or member of The Bindery, the services we provide to you are subject to the following Terms and Conditions (T&C). The Bindery reserves the right to update the T&C at any time without notice to you, but you may ask for the most recent copy at any time.
Nature of This Agreement (…aka the less formal overview):
The following terms have a lot of heavy legal language, which can be intimidating and off-putting. Sorry about that: it’s just the “fine print” stuff we need to say at the start so that we’re all clear—and so our lawyers don’t freak out.
Essentially, as a member, you’re agreeing that The Bindery is providing you with some services [including space use] much like a gym would.
This means your Bindery membership does not establish you as a tenant here, but instead creates what’s officially referred to as a “prepaid usage license” that allows you to use amenities and services on a monthly, yearly, or casual basis based on your membership level.
We are here to be your colleagues, not your landlord.
Everything heavy and wordy herein is helping to further establish and clarify the above. Additionally, since we are not partnering up or creating a joint venture with you, we’re also not responsible for your actions (or the actions of others) who are using our services at the same time as you. So there’s more about liability and warranty below too.
Don’t be discouraged though: we are here to help provide a fun, safe, productive workplace: we’re just saying that the world is a place of chaos and we can’t possibly 100% guarantee all things to run smoothly at all times. We want to make sure you get that right off the bat and understand that part of a community space is community respect and self-care.
This means being careful, being considerate of others, and recognizing that The Bindery functions best when all of us are interacting responsibly.
We’re happy to have you along for the ride. Please let us know if you have any questions regarding our terms. Now on to the legalese...
Description of Services:
Depending on your membership or access level The Bindery may provide you with access to shared or private work space, tools and heavy equipment, a membership digital platform for networking, a building security system including live stream and recording cameras, wireless internet, various office equipment and supplies, meeting room space, retail and kitchen use, knowledge resources such as staff assistance, plus other resources not specified here within (all collectively, “The Services”).
The Services at all times are subject to The Bindery’s T&C and may evolve, expand, or shrink over time.
No Unlawful Or Prohibited Use:
You will not use The Services for any purpose that is unlawful or prohibited by these terms, conditions and notices, nor by the City of Milwaukee, State of Wisconsin, nor Federal Law. You may not use The Services in any manner that could damage, disable, overburden, or impair any Bindery-owned item, technology, or interfere with any other party’s use and enjoyment of The Services.
You may not attempt to gain unauthorized access to any Services, or accounts, computer systems or networks connected to any Bindery server, or to any of the Services, through hacking, password mining or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through The Services, nor should you post or download files that you know [or should know] are illegal, or that you have no ownership rights to.
You hereby represent and warrant that you have all requisite legal power and authority to enter into and abide by the terms and conditions represented here, and no further authorization or approval is necessary. You further represent and warrant that your participation or use of the Services will not conflict with, or result in, any breach of any license, contract, agreement or other instrument or obligation to which you are already an obligated party.
Use of Services:
You agree that when participating in or using The Services, you will not do the following in relation to the listed service segments below:
General Code of Conduct—you will not:
Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others. This includes hate speech, bigotry, and actions/verbalization related to racism, sexism, homophobia, transphobia, ableism, xenophobia, and other language intended to cause harm;
Restrict or inhibit any other user from using and enjoying The Services for the purposes they are intended.
The above includes excessive sensory disruption such as noise, strong scents, visual distractions, or non-consensual physical interactions.
The above includes leaving messes such as unwashed dishes or un-wiped tables. (Users are expected to clean up after themselves so that other members don't have to);
Steal, damage or unlawfully use property belonging to The Bindery or other users;
[For studio members "damage" includes putting holes of any kind in the drywall in their studio: a tackable wall is provided behind each desk in each office for this purpose.]
Bring guests into the space regularly to use the space on their own for their own private work: The Services as listed herein are provided to paying members only. (Regular guests will be asked to join The Bindery);
Violate any code of conduct or other guidelines which may be applicable for any particular Service (including the Building Rules and policies at large, and those related to health safety such as COVID-19 protocol);
Use The Bindery's physical address for any official purpose including receiving mail or packages, listing the address as the user's business or personal address in any marketing or public capacity, registering a business or entity with the State, City or other government entity, or for any other reason beyond insurance purposes as laid out below;
Violate any applicable laws or regulations including using The Services in connection with contests, pyramid schemes, chain letters, junk email, spamming, scamming or any duplicative or unsolicited messages (commercial or otherwise).
Security, safety, and building access—you will not:
Allow others into the building at any time who are not your own guests.
This includes holding the main door for others to enter, or otherwise propping or tampering with the locking systems present throughout the building;
Tamper with or otherwise attempt to disarm the building access system;
Tamper with or otherwise attempt to disarm the site’s security cameras present both inside and outside the property;
Attempt to access the building during a time period in which you are not signed in to officially be present;
Attempt to access the building when you have been alerted that it is at-capacity or otherwise shut down for health or fire safety concerns (or for any other reason at the sole discretion of The Bindery);
Bring guns or any other item reasonably deemed to be a weapon into the building. (What is or is not deemed to be a “weapon” is at The Bindery’s sole discretion);
Bring bicycles into the building or park them in the courtyard (bicycle parking is provided on the sidewalk out front);
Leave personal items in the building when you are not present unless your membership or access level allows you to do so in a specified storage area;
Leave personal items in storage that are known to be unduly dangerous, meaning explosive, corrosive, noxious, extremely flammable, or otherwise potentially harmful to health and safety of other users in the building. Items in storage may be checked at any time by The Bindery to ensure safety and you may be asked to remove items deemed unsafe at any time.
Heavy equipment and tool usage—you will not:
Use any item or machine that you are not authorized to based on your membership type.
Use any item or machine that you are not trained and certified to use via The Bindery's certification process. This includes any equipment in the building owned by The Bindery's partner organization, bearbear, LLC.
Improperly use or break any item or machine in the building, including any equipment owned by The Bindery's partner organization, bearbear, LLC. Equipment is to be used only per certification guidelines and as-instructed. Team members are available for assistance.
Keep hidden any damage you have caused: please alert a team member to any issues. Damage can be extremely dangerous, if not deadly, to you or the next person using the equipment. Being held responsible for damage is better than being held responsible for someone's life: be conscientious at all times.
Disengage or otherwise hinder any security device associated with a machine.
Disassemble, adjust, or otherwise attempt to fix any equipment. The team is here to help: please ask if something seems amiss or needs adjustments.
Technology and privacy—you will not:
Make any assumptions regarding the security of the internet provided. (The Bindery makes no representations whatsoever as to the security of the internet, wired or wireless telecommunications systems, or hosting services provided as part of The Services);
Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, obscene, indecent or unlawful topic, name, material or information on or through The Bindery’s servers;
Upload, or otherwise make available, files that contain images, photographs, software or other material protected by intellectual property laws, including, by way of example, and not as a limitation, copyright, trademark laws (or by rights of privacy or publicity) unless you own or control the rights thereto or have received all necessary consent to do the same;
Use any material or information, including images or photographs, which are made available through The Services in any manner that infringes any copyright, trademark, patent, trade secret, or other proprietary right of any party;
Upload files that contain viruses, Trojan Horses, Worms, time bombs, candlebots, corrupted files, or any other similar software or programs that may damage the operation of another computer or property of another Bindery user or member;
Download any file that you know, or reasonably should know, cannot be legally reproduced, displayed, performed, and or/distributed in such manner;
Harvest or otherwise collect information about other Service users, including email addresses, without the authorization or consent of the disclosing party;
Create false identity for the purpose of misleading others.
Use or otherwise usurp Bindery branding and language on your own marketing materials.
Invoicing and Payment:
Members are automatically invoiced and charged monthly on the first of each calendar month, based on their membership level for the month ahead.
A valid credit/debit card must be kept on file at all times to obtain such payments. Attempts at payment for member fees will be made for three days if the initial draw is unsuccessful. After that the membership will be automatically canceled and cannot be reinstated until the following month. Members should be sure to update their payment method when necessary by using their member account portal or by contacting Bindery staff directly.
Members may choose to change or cancel their membership level agreement at any time during the current period for the upcoming month by accessing their account portal online, or requesting such a change in writing with Bindery staff. New charges related to this change will be reflected on the first of the calendar month to which the changes or cancelation applies.
Each invoice and payment will also include any variable charges such as printing usage that may have been incurred during the previous period.
Payment for space usage beyond that allowed by the member’s plan is invoiced and automatically paid at the time of the space booking unless other arrangements have been made with The Bindery in advance of the booking. Room bookings which have been made and paid for cannot be refunded except in the case of emergency—with the definition of “emergency” being at the sole discretion of The Bindery based on the situation at hand. Members should be careful to make bookings they know they want to keep: this is for the good of the community of users who all make use of said limited, shared resources and services.
The Bindery will keep your personal and payment details private but reserves the right at all times to disclose any information about your use of The Services that The Bindery deems necessary to satisfy any applicable law, regulation, legal process or governmental request to which it is bound. The Bindery also reserves the right to edit, refuse to post, or to remove any digital information present in Bindery-related user platforms, or tangible information or materials in Bindery controlled space, in whole or in part, at The Bindery’s sole discretion.
Renewals and Terminations:
These terms and conditions are automatically renewed for returning members including any changes, additions, or subtractions that have occurred in intervening months.
The T&C must be adhered to at all times. Failure to follow T&C can result in non-renewal or even early termination of the usage license.
The Bindery reserves the right to terminate any Service at any time, immediately and without notice if you fail to comply with the T&C or for any other reason. This includes non-payment or violation of the space rules at The Bindery’s sole discretion. No refunds will be granted for failure to comply to these T&C, and each member hereby agrees that there shall be no remedy for funds lost due to lack of adherence to said terms.
Upon termination of The Services, you agree to immediately remove any and all of your personal property from the premises within 24 hours, and not return to the building. Any property left behind is forfeited and will be discarded. Studio members must also return their door key by the end of their contract period. If keys are not returned the door's lock will be rekeyed by a professional locksmith, and new keys made: all at cost to the member, which will be invoiced and due upon receipt. Any additional keys, including digital fobs, must be returned: a $50 deactivation and replacement fee applies to all fobs lost or never returned.
Members remain liable after termination for all fees incurred including past due amounts, and The Bindery will exercise its rights to collect due payment, despite termination or expiration of this Membership Service Agreement.
Members may terminate their Membership Service Agreement before the end of the current term whenever they wish using the online portal to access their account. Services may also be canceled by alerting The Bindery staff in writing during the current term. Termination shall be in effect as of the end of that calendar month for monthly memberships, at the end of a three-month commitment term for Studio members, or by the end of a 12 month commitment term for an annual membership.
Termination of a member service agreement automatically cancels any future space or equipment bookings made, even if said bookings were paid for and confirmed during the original membership term.
Should the Member not provide timely notice of termination to The Bindery then the Membership Period shall continue to the end of the following calendar month or commitment term and the service fees for that term shall be payable, without exception.
The Bindery carries liability, property, and business asset insurance for its own internal purposes. These do not extend to you as a user, nor does your use of The Bindery’s Services imply any inherent coverage by said insurances. As a user or member, you are not required to carry insurance but it is strongly suggested that you have a renters’, homeowners’ or business asset insurance policy to cover your own equipment and possessions while using our space.
Most policies will cover your current residence/office plus the premises of The Bindery, though please be sure to speak with your insurance agent to confirm and/or add The Bindery as an additionally insured property if needed. This cannot be done retroactively should there be an incident: we strongly advise attending to matters of insurance at the beginning of your Bindery service use.
You acknowledge that you are participating in or using The Services at your own free will and decision. You acknowledge that The Bindery does not have any liability with respect to your access, participation in or use of The Services, health or bodily safety while doing so, or any loss of information or tangible property resulting from such participation or use.
Disclaimer of Warranties:
To the maximum extent permitted by the applicable law, The Bindery provides The Services “as is” and with all faults, and hereby disclaims with respect to The Services all warranties and conditions, whether express, implied or statutory, including but not limited to: merchantability, fitness for a particular purpose, lack of computer viruses, accuracy or completeness of staff response, expected use results, workmanlike effort, and/or negligence. Also there is no warranty, duty or condition of title, quiet enjoyment, quiet possession, correspondence to description or non-infringement. The entire risk as to the quality, or arising out of participation in or the use of the services, remains with you.
Exclusion of Incidental, Consequential and Certain Other Damages:
To the maximum extent permitted by the applicable law, in no event shall The Bindery or its subsidiaries (whether or not wholly-owned), affiliates, partners, divisions, and their past, present and future officers, agents, shareholders, members, representatives, employees, successors and assigns, jointly and/or individually be liable for any direct, special, incidental, indirect, punitive, consequential or other damages whatsoever.
This includes but is not limited to damages for: loss of profits, loss of tangible property, loss of confidential or other information, business interruption, personal injury or death, loss of privacy, failure to meet any duty (including of good faith or of reasonable care), 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 services, the provision of or failure to provide services, or otherwise under or in connection with any provision of this agreement.
The above is so even in the event of the fault, tort (including negligence), strict liability, breach of contract or breach of warranty of The Bindery—even if The Bindery has been advised of the possibility of such damages prior to incident.
You release, and hereby agree to indemnify, defend and save harmless The Bindery and its subsidiaries (whether or not wholly-owned), affiliates, partners, divisions, and their past, present and future officers, agents, shareholders, members, representatives, employees, successors and assigns, jointly and individually, from and against all claims, liabilities, losses, damages, costs, expenses, judgments, fines and penalties based upon or arising out of your negligent actions, errors and omissions, willful misconduct and fraud in connection with the participation in or use of The Services. You further agree in the event that you bring a claim or lawsuit in violation of this agreement, you shall be liable for any attorney fees and costs incurred by The Bindery or its respective officers and agents in connection with the defense of such claim or lawsuit.
You acknowledge and agree that during your participation in and use of The Services you may be exposed to Confidential Information, inadvertently or otherwise.
“Confidential Information” shall mean all information, in whole or in part, that is disclosed by The Bindery or any participant or user of The Services, or any employee affiliate, or agent thereof, that is non-public, confidential or proprietary in nature. Confidential Information also includes, without limitation, information about business, sales, operations, know-how, trade secrets, business affairs, any knowledge gained through examination or observation of, or access to, the facilities, computer systems, practices, language, and/or books and records of The Bindery, any analyses, compilations, studies or other documents prepared by The Bindery or otherwise derived in any other manner.
Your participation in and/or use of the Services obligates you to:
Maintain all Confidential Information in strict confidence;
Not to disclose Confidential Information to any third parties;
Not to share the Confidential Information in any way directly or indirectly that is determined to belong to The Bindery or any participant or user of The Services.
All confidential information remains the sole and exclusive property of The Bindery or the respective disclosing party. You acknowledge and agree that nothing in this T&C or your participation or use of The Services will be construed as granting any rights to you, by license or otherwise, in or to any Confidential Information or any patent, copyright or other intellectual property proprietary rights of The Bindery or any participant or user of the Services.
Totality of Agreement:
These terms and conditions represent the entire agreement between The Bindery and its users/members pertaining to the subject matter contained herein and therein, and supersedes all prior and contemporaneous agreements, representations, and understandings of the parties pertaining to such subject matter.
In the event that any provision or portion of this T&C is determined to be invalid, illegal or unenforceable for any reason, in whole or in part, the remaining provisions of this T&C shall be unaffected thereby and shall remain in full force and effect to the fullest extent permitted by applicable law.
Thank you for being a part of a community-mediated space
where your responsibility to yourself and others reigns supreme.
…let’s get to work!