Makerspace Member Agreement
This agreement outlines the general code of conduct, expectations and responsibilities for The Foundry makerspace members. All new users must read through and sign prior to becoming a member at The Foundry.
As an active member of The Foundry who pays for monthly makerspace membership, you will have access to:
fully equipped shared shop during supervised hours
short term storage for projects
discounted rates for skill building classes
The Foundry is a project of Net+Positive, a NYS 501(c)3 nonprofit corporation, and ___________________(name) , the entity or person identified on the signature page of this agreement ("Member"). The Foundry and Member hereby agree that the The Foundry will provide to the Member a license to the shared makerspaces located at 298 Northampton Street, Buffalo NY. This Agreement is a Membership & License Agreement and is not a lease or any other form of tenancy agreement.
The Foundry and Member agree as follows:
1. Duration of Agreement & Termination. This Agreement is a Membership & License Agreement and shall commence on ___________________(date). After the first month of Membership, this Agreement shall automatically renew on a month-to-month basis. The Member or The Foundry may terminate this Agreement any time with 30 days advance notice. Notwithstanding the foregoing paragraph and notice period, The Foundry reserves the right to terminate access to and use of The Foundry facilities at any time, immediately and without notice, if the Member fails to comply with any provision of this Agreement and The Foundry Policies and Procedures. The Foundry reserves the right to amend the Policies and Procedures and Makerspace Membership Addendum from time-to-time and at its sole discretion. The Foundry 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 The Foundry facilities in any manner and Member shall make no further use of The Foundry 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 The Foundry within two weeks of the termination of this agreement, after which period they become property of The Foundry.
2. Description of Services. The Foundry agrees to provide Member with non-exclusive access to clean, well-maintained equipment and workshop facilities, wireless internet at The Foundry, and range of related services as detailed in the attached Makerspace Membership Addendum. Said attachments and the Member's first invoice details the specific workspace(s) to be used by the Member and the corresponding service rates.
3. Member Obligations. Member shall only use the facilities in accordance with The Foundry 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 The Foundry, including unreasonable or inappropriate wear on equipment or damage to the building in which The Foundry is located ("Building"). Member shall not disturb the use and enjoyment of the Services by any other Member of The Foundry or the use and enjoyment of the Building by any occupant of the Building. Member shall not use The Foundry 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 Makerspace Membership 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 Foundry 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 The Foundry 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. The Foundry 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 The Foundry 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 The Foundry or the Building. Except for the gross or willful misconduct by The Foundry, Member agrees to indemnify, defend, protect and hold The Foundry 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 Foundry. Members are strongly encouraged to carry insurance that covers their personal equipment while using the workspace at The Foundry.
6. Interruption of Service. Member acknowledges that due to the imperfect nature of electronic communications, electronics and utilities, The Foundry shall not be responsible for damages, direct or consequential, which may result for the failure of The Foundry to furnish any of the Services. The Foundry 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 Foundry. The Foundry has no right to the work produced by Members working at The Foundry. 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 The Foundry in exercising any right under this Agreement shall operate as a waiver of such right or of any other right of The Foundry, 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 The Foundry of any payment, or of a sum less than is due, shall not be construed as a waiver of any of The Foundry'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 The Foundry 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 York.
The Foundry Facility Policies & Procedures
The following policies are in place to ensure fair and safe access and use of the facilities for all members. Failure to abide by these policies may result in termination of Membership.
Using Shared Shop and Storage
All members of The Foundry makerspaces must sign a liability waiver.
Makerspace members may store project items in co-working spaces for a maximum of 2 weeks post membership. If the project has to stay longer, members must ask The Foundry supervisor for permission. Anything left unlabeled and untouched for over 30 days in any shared space may be discarded pending documented attempts by supervisors to find owner of projects.
The Foundry is not responsible for any damage to projects or material stored in co-working spaces.
Using co-working spaces along with the Education Program: Areas marked as reserved for classes are for the exclusive use of instructors and students beginning 30 minutes prior to the start of class. A full class schedule is posted on The Foundry’s website. If you are on a deadline with a project, please speak with the instructor. We want you to finish your project and have the class be a success.
To have access to the shared shop spaces, members MUST take a safety course prior to using equipment.
In the event of an injury, contact the shop supervisor immediately. Please fill out an incident report as soon as possible.
Personal Protective Equipment is expected to be worn at all times. If consistently negligent in wearing PPE, member may be asked to leave and membership will be terminated at the discretion of The Foundry staff.
Hair must be pulled back and jewelry removed when operating equipment.
Members are expected to wear closed-toe shoes at all times in the shop.
Horseplay, consumption of alcohol and/or use of drugs are not permitted in the shop.
Do not use broken or damaged equipment; report immediately to the supervisor on duty. Do not attempt repairs to any equipment that is broken.
Refrain from talking to anyone while while you or they are operating a machine.
Absolutely no tools are allowed to be taken out of the shop.
If you have any problems with equipment, please notify The Foundry representative immediately. Failure to follow specific procedures may result in the user being held responsible for replacement cost of damaged equipment.
The Foundry provides basic hand tools (hammers, measuring tapes, squares, etc). Any specialty hand tools must be brought in by makerspace members and can be stored in personal storage areas.
Materials & Deliveries
All material deliveries must be managed by the person placing the order. The Foundry will not be responsible for accepting any unexpected material deliveries on behalf of any member.
Consumables must be provided by the member including but not limited to glue, sandpaper, razor blades, joiner biscuits,& hardware. The Foundry will not provide consumables for members.
Trash and Cleanliness
All shared shop space must be cleaned after use. Member shall assist management/supervisors in keeping the common areas clean. The shop space must be kept clean, sanitary and free from objectionable odors.
No littering of papers, cigarette butts (in outdoor designated smoking areas), or trash is allowed.
No trash or other materials may be accumulated which will cause a hazard or be in violation of any health, fire or safety ordinance or regulation. Any flammable materials must be stored in the hazardous waste lockers in the wood/metal shops.
Garbage is to be placed inside the containers provided. Garbage should not be allowed to accumulate and should be placed in the outside containers on a daily basis. Members will not leave food in the space.
Trash pickup: WEDNESDAY (morning). Dumpster pickup: bi-weekly
All personal belongings must be kept inside storage areas approved in writing by The Foundry staff. Any items outside the storage unit (unless approved in writing) are subject to removal by The Foundry staff.
Members may have guests, but the guests are NOT members, so the member must be present for the entire time the guests are on-site, and the member is responsible for both their well-being and their actions.
Guests may not use any equipment/tools within the shop at any time.
All musical instruments, computers, stereos, radios, etc., are to be played at a volume which will not disturb other persons.
In both in-person and electronic interactions, behave respectfully, courteously, and professionally to your fellow members. No discrimination, harassment, or hate speech shall be tolerated.
Members shall not disturb the use and enjoyment of the the Foundry services or facilities by any other Member of the Foundry, Staff members, by any resident of the Foundry, or by any guest or visitor to the Foundry.
The activities and conduct of member’s guests and minor children of member or guests both within and outside of the makerspaces, including common areas, resident spaces, parking areas, or any recreation areas must be reasonable at all times and not annoy or disturb other persons.
Intellectual Property Rights
Because The Foundry has many different businesses creating many different things, there may be overlap in ideas and products. There is an explicit expectation that all members conduct themselves with respect toward others’ intellectual property rights. Failure to do so will result in complaints dealt with by staff members, and may result in termination of membership.
The Foundry will be open to all members throughout the year during specified supervised times. The shared shops may be closed on major holidays; it is up to the discretion of the supervisor whether or not they will make themselves available on those days, so please check in with specific supervisors prior to the holiday if you need shop access. The Foundry reserves the right to alter this and schedule days where certain areas of the building will be off limits. The Foundry is required to give members one week notice if a change in scheduled open shop hours is to occur.
Open Shop Hours & Online Sign-up
Our current list of supervised shop hours are online at our website (thefoundrybuffalo.org/makerspace)
Makerspaces are coordinated through our online scheduling software. Failure of member to book time in the shared shops may result in inability to use shop for desired time.
To reserve time in our makerspaces:
Go to: schedule.thefoundrybuffalo.org
Create a login
Reserve time in a makerspace
Makerspace Membership Addendum
Membership Offering: (select one)
Hobbyist ($50/mo) 20 hours of access to the makerspace per month during open hours, 10% discount on classes.
Enthusiast ($100/mo) Unlimited access per month to shop of choice during open hours plus up to 10 hrs access per month to other shops, temporary project storage, 10% discount on classes. Shop of choice: ______________
Workaholic ($150/mo) Unlimited access to all shops during open hours, project storage locker, 10% discount on classes.
FIRST/LAST NAME: DATE OF BIRTH (must be over 18):
CITY STATE ZIP:EMAIL:
I have read and understand the policies of the Makerspace Member Agreement and agree to abide by the aforementioned policies. If I choose to ignore policies and procedures set forth by The Foundry or I put other people’s safety at risk at any time, I may be subject to removal pending a decision by The Foundry staff.
Signature: _______________________________________ Date: __________________
In addition to the terms outlined in the Makerspace Member Agreement I, the undersigned, hereby release The Foundry and its respective board members, employees, volunteers, instructors, agents, contractors and officers from:
Any damage, loss or theft incurred to personal property and/or equipment that we bring into The Foundry, or generate/create in any area of The Foundry, Any bodily injuries or damages that we may sustain as a result of participating in any class, workshop, membership, or any program on The Foundry property, Any bodily injuries or damages that we may sustain as a result of using any machine or equipment owned by or incurred on The Foundry property .
I, the undersigned agree to take on full responsibility for any risks, damages, injuries, known or unknown, for bodily and/or personal property, which we might incur. I also agree to voluntarily waive any claim that heirs, legal representatives, or I may have against The Foundry and its respective board members, employees, volunteers, instructors, agents, contractors and officers for any damages, injuries, known or unknown, incurred bodily and/or/on personal property.
I, the undersigned understand the use or possession of alcohol and/or illegal drugs is considered reckless endangerment and is not allowed in the shop, studios, or classes of The Foundry while work is being conducted under any circumstances and that we will be subject to removal from the premises by The Foundry staff.
I, the undersigned understand that all storage of personal property, either brought in from the outside or created at The Foundry, is our exclusive responsibility, and that such said storage is subject to approval by The Foundry.
I, the undersigned, consent that The Foundry has full and unrestricted publishing and use rights for any photographs (digital or print) taken on the The Foundry property by The Foundry representatives in which our image or any of our materials, either brought in or created/generated at The Foundry, appears. I hereby release, discharge, and agree to hold harmless The Foundry from any liability by virtue of any blurring, distortion, alteration, optical illusion, or use in composite form whether intentional or otherwise, that may occur or be produced in the taking of said picture or in any subsequent processing thereof, as well as any publication thereof, including without limitation any claims for libel or invasion of privacy. (withholding your signature is an indication that you elect NOT to give consent to publish aforementioned photographs)