TERMS & CONDITIONS 01/01/16

 

INTRODUCTION

MakerSpace &company operates a creative space at 1/17 Barclay Street Marrickville, NSW (‘space’). MakerSpace &company is itself owned and operated by &company Pty. Limited (ACN 140 877 416) (hereafter referred to as ‘MakerSpace &company’, ‘us’ or ‘we’).

 

We run classes from the space and offer memberships for use of the space, including equipment and machinery. Can’t wait to have you on board making awesome things and contributing to Sydney’s maker community!

This document sets out the terms and conditions that apply to anyone accessing the space.

  1. You understand that by:
    1. becoming a member of MakerSpace &company;
    2. using the Space (‘Space’ being the space and MakerSpace &company facilities, studios, labs, shops, equipment or machinery); or
    3. participating in Classes (‘Classes’ being any classes, events, programs or workshops in the space or otherwise held by MakerSpace &Company),

you agree to these terms and conditions.

LIABILITY WAIVER

  1. Any use of the Space or participation in Classes, including any use of machinery and equipment, is at your own risk.
  2. You must read all signs and follow all directions given by us or people authorised by us.
  3. You acknowledge the risk warning set out below.
  4. We exclude all liability to you to the maximum extent permitted by law, including for negligence and whether the loss or damage has occurred to person or property. Where that liability cannot be excluded, we limit our liability to you to the maximum extent permitted by law.
  5. You acknowledge that in certain circumstances the services we provide to you may be ‘Recreational Services’ and you may engage in ‘Recreational Activities in accordance with the Competition and Consumer Act 2010. To the extent permitted by law, we exclude all liability to you for:
    1. death;
    2. physical or mental injury (including the aggravation, acceleration or recurrence of such an injury);
    3. the contraction, aggravation or acceleration of a disease;
    4. the coming into existence, aggravation, acceleration or recurrence of any other condition, circumstance, occurrence, activity, form of behaviour, course of conduct or state of affairs in relation to an individual that:
      1. is or may be harmful or disadvantageous to the individual or community; or
      2. may result in harm or disadvantage to the individual or community,

arising out of a failure by us to comply with any consumer guarantees applying to the Recreational Services or Recreational Activities.

  1. Without limiting the provisions of paragraphs 5 or 6 above, we are not responsible for:
    1. any damage, loss or theft incurred to personal property and/or equipment that you bring into the Space, or generate/create in any area of the Space; or
    2. any bodily injuries or damages that you may sustain as a result of:
      1. participating in any Classes; or
      2. using the Space, including any machinery or equipment.

RISK WARNING

THERE ARE RISKS ASSOCIATED WITH USE OF THE SPACE AND PARTICULARLY USE OF EQUIPMENT AND MACHINERY. THIS INCLUDES RISK OF PHYSICAL HARM OR PERSONAL INJURY INCLUDING PERMANENT DISABILITY AND/OR DEATH. ANY SUCH INJURY CAN RESULT NOT ONLY FROM YOUR ACTIONS BUT FROM THE ACTION, OMISSION OR NEGLIGENCE OF OTHERS.

GENERAL REQUIREMENTS

  1. You must not use the Space, including any equipment or machinery, or attend Classes if you are under the influence of alcohol or illegal drugs and must not bring alcohol or illegal drugs into the Space under any circumstances. A breach of this requirement will result in your removal from the Space and may result in cancellation of your membership.
  2. Alcohol may only be consumed in the Space as part of an event held or approved in writing by us.
  3. You must complete all required courses, training, inductions or other approvals before using equipment or machinery made available in the Space and comply with all relevant user requirements.
  4. You must use appropriate protective equipment when using the Space and attending Classes, including when using equipment or machinery. This may include appropriate footwear, clothing, gloves, goggles or hearing protection, among other things.
  5. You understand that all storage of personal property, either brought in from outside or created at the Space or in Classes, is your exclusive responsibility, and that said storage is subject to approval by us at our absolute discretion.
  6. You acknowledge that we retain the right to revoke membership and admission to the Space at any time at our absolute discretion and with no refund.
  7. All terms of membership and specific class information form part of these terms and conditions.

PHOTO RELEASE

  1. By using the Space or attending Classes, you consent to MakerSpace &company having full and unrestricted publishing and use rights over any photographs (digital or print) taken in the Space by us or on our behalf in which your image or any of your materials or art, either brought in or created/generated in the Space, appears.
  2. You hereby release, discharge, and agree to hold us harmless 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.

MEMBERSHIP

The MakerSpace &company workshop space and facilities (Space) is available for anyone to use simply by becoming a member of MakerSpace &company.

 

There are  a few membership options available, including but not limited to:

  • Individual Membership (Essential or Full Timer): pay a monthly fee that gives you general access to the Space during operating hours.
  • Pro Membership or Studio: pay a monthly fee that gives you general access to the Space during operating hours and your own personal bench (with lockable storage)

If you want to use the space but don’t want to join as a member, talk to staff about the best option:

  • Drop-in Guest: Daily fee.
  • First Timer Pass: 2 visits within 2 months, available once per person.
  • Single Month Guest: at a premium rate.

 

Fees and charges:

Please see the website or come to the Space to pick up an application form for prices on all membership options.

Monthly Fees are automatically renewed every month for a minimum of 4 months from the date you start. Payments are withdrawn automatically from either a credit card or direct debit from your account.

Terminating a Membership Contract You can cancel at any time after the first 4 months, giving at least 5 days notice before the next calendar month via email to hello@makerspace.org.au. If you do not give at least 5 days notice, you may be billed for one additional and final month.

Annual Fees: if you pay upfront for 12 months you will receive 6-8 weeks free. This is non-refundable. You will be invoiced prior to the 12 month period ending to discuss the following year’s arrangements.

Student discounts: Student discounts apply for students with valid student identification.

Membership also entitles you to discounted rates on MakerSpace &company Classes, as detailed in your specific membership package.

 

General Facility Use by Members

  • Members are entitled to use of shared workspaces, equipment and machinery in the Space during operating hours, pending safety approval by management. Bookings may be required.
  • Members can book for up to 8 hours use of the Space between 10am and 6pm Monday to Saturday (with the exception of when classes are running, which have priority access).
  • Equipment must be booked in advance to ensure availability.
  • Booking is available online through the MakerSpace &company website.
  • After hours access to the Space can be made available on advance request and at the sole discretion of MakerSpace &company. The fees for approved after hours access is $25 per hour to cover additional staff fees.
  • Some equipment and machinery that either incur high electricity usage (eg. kilns) or require staff time (eg. some CNC equipment) may require payment of additional fees to cover costs. To negotiate use of this equipment and machinery, Members must call us on (02) 9557 8584 in advance to discuss the requirements for booking.

  • Cancellations of equipment or facilities bookings must be done online with 24 hours minimum notice.

  • Cancellations of equipment or facilities bookings received with less than 24 hours notice will incur a $15 cancellation fee for Guest Members
  • No-call, no-shows for equipment or facilities bookings will also incur a $15 dollar fee for Guest Members. For other Members, after 3 no-call, no-shows for bookings, you will be blocked from reserving equipment for 4 weeks.
  • Arriving more that 15 minutes late to a booking may forfeit your booking at our absolute discretion.

 

Member Guidelines

  • All Members must comply with these guidelines, facility use requirements, terms and conditions and any other policies, procedures or guidelines in place from time to time. These requirements are in place to ensure fair and safe access to the Space for all Members.
  • Failure to abide by these requirements may result in termination of membership by staff. It may also, or in the alternative, result in the Member being held responsible for replacement cost and labor cost of any damaged MakerSpace &company property.
  • In order to access the Space, all Members must first complete an introductory workshop.
  • All Members must agree to and sign the terms and conditions of use, including the liability waiver.
Use of the Space is taken to be agreement to the terms and conditions of use and acceptance of the liability waiver.
  • Specific training is required for use of certain equipment and machinery. Members will not be entitled to book or use such equipment and machinery until the training is completed.
  • Members must sign in at the front desk on arrival.  Anyone not complying will be asked to leave. If you are unsure – return to the front desk immediately.
  • All users of the Space are responsible for their own safety. MakerSpace &company will not be held liable or responsible for any injury sustained by using the Space. Please refer to the terms and conditions.
  • All areas of the Space must be kept orderly and neat.
  • If you are using Space equipment of any sort, they must be operated with proper care.
  • All work spaces, equipment and machinery are provided on an as-is basis. MakerSpace &company does not warrant or guarantee the state of any shared, complimentary equipment provided.
  • All equipment, machinery and work spaces you use must be returned to the very same state they were found in, or better.
  • MakerSpace &company will use reasonable endeavours to maintain equipment and machinery in working order.  If at any time you notice any equipment or machinery is not functioning properly, please advise a staff member.
  • All material deliveries must be accepted by the person that ordered those materials. MakerSpace &company will not accept any material or other deliveries for Members.
  • Reclaimed wood is only to be used in the Space after it has been made free of metal using a metal detector.  If a Member fails to remove all metal from wood, and the metal damages any MakerSpace &company blades or machines, the Member will be liable for all costs (replacement and labour) associated with fixing the blade or machine.
  • Under no circumstances can a Member store any items in the Space without receiving prior consent from us.
  • Any areas surrounding the MakerSpace &company premises (including front and rear entrances) is expressly off limits for storage of work, including temporary storage.
  • All materials and projects in the Space must be clearly and legibly labelled with all of the following: full name, phone number and move date.  All non or partially labelled projects/materials will be removed from the premises immediately.
  • MakerSpace &company is not responsible for any damage to projects or material stored or used in the Space.  

  • Members may purchase assistant passes for the discounted rate of $15/day.  Passes must be purchased prior to the assistant accessing the Space and the Member must be present for the entirety of the time that the assistant is in the Space.  The assistant pass is ONLY to be used by someone who:
    • has read and signed the terms and conditions, including the liability waiver; and
    • is in the Space to help you (for example a spare pair of hands to hold a big sheet of timber). An assistant cannot use tools, equipment, machinery or work spaces in addition to the Member.

Using the Space during Classes

  • Access to the Space during Classes is at the discretion of the class instructor.

  • Any equipment used for Classes must be left clean and available for exclusive use of instructors and students beginning 30 minutes prior to the start of class.  A full class schedule can be obtained from the front desk.
  • Please be considerate and refrain from excessively noisy work (planing, jointing, grinding) during the first hour of any Class.
  • Classes will receive priority on all tools and equipment in the Space. 

  • If you are on a deadline with a project, please speak with the Class instructor.  We want you to finish your project and have the class be a success.

 

If you have any problems or questions, please notify MakerSpace &company staff immediately.

Age Verification

The MakerSpace &company Membership is currently limited to patrons over 18 years of age. To be approved for membership you must provide one (1) piece of official state or government issued photo identification, such as a driver’s license, Proof of Age or a passport to confirm identity and age. By signing up for membership you agree that you are at least 18 years of age, and agree to provide any necessary identification to MakerSpace &company upon request.

CLASSES

 

Registration and scheduling

Classes are scheduled monthly and new classes are added regularly.  Please check our website or drop by MakerSpace &company for up to date course information.

Comprehensive course descriptions can be found online, and it is recommended that you read through them fully prior to registering. There may be prerequisites for enrolling in some classes.

Registration for classes is required in advance via our website. for enquiries please call (02) 9557 8584 or email learn@makerspace.org.au with “Class Enrolment” as your email subject.

Instructors, class times, and class dates are subject to change.  

To register for a class, students must pay in full at the time of enrolment. We only accept payments through our online booking system. To sign up after the registration deadline, please call to ensure enrolment is still open.

 

Age requirements

Unless specified otherwise on a specific class online, children over the age of 6 may attend classes provided a parent or guardian aged 18 years or older is with them throughout the duration, as a participating, paying student in the class.

If a class is specifically listed as a Childrens School Holiday class, a parent or guardian is not required to attend but must sign the waiver/terms and conditions on their behalf.

 

Withdrawals & Transfers

In the event you need to withdraw from a class in which you are enrolled, you may do so any time before the registration deadline of the class, and will receive a 75% refund of class cost plus any equipment or material fees.

Class enrolment is non-transferable: requesting to transfer to another section of the same class is considered a withdrawal. Withdrawals on or after the class registration deadline are not refundable and course fees are not transferable.  

To withdraw from a course please email learn@makerspace.org.au.

A credit of your enrolment fee may be issued for medically excused emergencies (with documentation) or family bereavement.  Other than this, there will be no exceptions.  Please notify us as soon as possible to allow time for consideration.

If you have arranged someone to transfer your class enrolment to, please contact learn@makerspace.org.au to discuss.

 

Material & Equipment Fees

Classes that make use of tools or supplies will generally require a material or equipment fee. This pays for in-class consumable items (clay, glaze, drill bits, gas, paint, screens) and the upkeep of tools and equipment used for that specific class (pottery wheels, kiln, saw sharpening, tool repair, welding tips, software updates).  In some circumstances, students may also be required to purchase certain supplies on their own.  This will be clearly indicated in the full online course description.

 

Missed Classes & Lateness  

Missing the first day of a course may be grounds for withdrawal without refund.  Please email learn@makerspce.org.au if you know you are going to miss the first day of a course. We cannot offer complimentary makeup sessions outside class time or in concurrent or future course sections.  Instructors are not obligated to catch students up during scheduled class time for missed sessions or excessive lateness.  

 

If We Cancel or Reschedule a Class

Most classes offered by us must have a minimum of 6 students registered in order for the class to commence. In the event a course does not receive sufficient enrolment, it may be cancelled. Students will be notified at least 24 hours prior to the start of the class.  

In the event of a cancellation, students will be refunded within 10 business days.  If we reschedule a class to another date, students entitled to attend the rescheduled classes or a full refund at their option.  

We reserve the right to change instructors without prior notification, and to change class location and meeting times by up to an hour with 24 hours prior notice.

 

Class Complaints & Compliments

At the conclusion of every class, students will receive a feedback form.  We depend upon your feedback to help us improve our course offerings. If you have any issue with a class you are currently enrolled in, please either raise your issue with the instructor at the end of the class meeting or email learn@makerspace.org.au. It is our general experience that most issues can be satisfactorily addressed before the course concludes. Complaint resolution may involve contacting the instructor and other students. All emailed comments will remain confidential upon request.

If you have any questions, please give us a call or send an email to hello@makerspace.org.au