Membership Agreement 2019
[/tatsu_text][tatsu_text bg_color= “” max_width= ‘{“d”:”100″}’ wrap_alignment= “center” text_alignment= ‘{“d”:”left”}’ animate= “” animation_type= “fadeIn” animation_delay= “0” margin= ‘{“d”:”0px 0px 30px 0px”}’ box_shadow= “0px 0px 0px 0px rgba(0,0,0,0)” padding= ‘{“d”:”0px 0px 0px 0px”}’ border_radius= “0px” key= “B1Fu8A4i4”]MEMBERSHIP AGREEMENT
This Agreement has been made on the date specified above by and between HGAB Studios (hereinafter referred to as “HGAB”) and member who has filled out their information and checked the box below (hereinafter referred to as “HGAB Studios member or member”).
1. HGAB Studios operates as a creative incubator for the purpose of facilitating the development and growth of content creators and artists.
2. HGAB Studios facilitates the development of content creators and artists through a membership program. The member desires to utilize the HGAB Studios membership program under the terms of this Agreement.
3. This Agreement shall be for the level of service chosen by Creative Member above, beginning with the effective date set forth herein above. The parties may agree to additional time in the program if desired.
4. The member has agreed to purchase the monthly membership plan specified above. The services provided by HGAB Studios under this program are those as set forth on the schedule of services attached here. Member shall pay the standard monthly fee described below.
CREATIVE MEMBERSHIP PROGRAM CHARGES
1. Creative Member shall pay the specified amount selected upon initial checkout every month. This monthly fee shall be withdrawn from member’s account automatically on the same day of the month, every month. Payment due date will be determined by the day membership was first instated.
2. Payments for memberships will be processed automatically and withdrawn from your account on the same day each month.
MEMBERSHIP CANCELLATION
Annual Creative Membership- A 30-day trial period will be granted for annual Creative Members ONLY. If you would like to terminate your annual membership you must do so within this 30-day period. If cancellation is made within this 30-day period you will only be charged $35 for the 1-month of membership that was used. You are also responsible for any studio time you have booked and will not be refunded for any bookings that have already been scheduled.
Monthly Creative Membership- A $100 cancellation fee will be charged if 12-month contract is terminated at ANY point before the 12 months have been completed. Fee will be charged to payment method on file Co-Working Desk Membership- Upon first signing up for a Co-Working Desk Membership, you will be charged first month’s rent and a security deposit equal to one month’s rent. Co-Working Desk Memberships are month-to-month, however, in order to have your security deposit reimbursed upon leaving, you must cancel your Membership 30 days in advance.
Private Office Membership- Upon first signing up for a Private Office at HGAB Studios, you will be charged first month’s rent, last month’s rent and a security deposit equal to one month’s rent. All private offices are a 12-month contract. If contract is terminated before the 12-months have elapsed, last month’s rent and security deposit will be withheld. Any damages that exceed the security deposit will be assessed.
To cancel any membership, please make sure to call HGAB Studios (305) 200-3056 or send an email to info@hgabstudios.com.
POLICIES AND PROCEDURES
1. Creative Members shall be required to abide by HGAB Studios policies and procedures relating to the use of its building and facilities. Failure to do so may result in termination of this agreement and member will be subject to cancellation fees.
2. Please see Studio Rules for policies and procedures when renting any of our studios.
3. Co-Working Members or Private Office Members please see Co-Working Rules for policies and procedures when utilizing the co-working facility.
PRIORITY OF USE
HGAB will make every effort to accommodate member’s scheduling needs in the use of its facilities. However, in the event of a conflict arising between HGAB Studios Member and other HGAB Studios clients or membership holders in the use of its facilities, priority of use will be determined by HGAB Studios. Member will not be entitled to any recourse or damages of any kind whatsoever against HGAB Studios or its tenants in the event member is unable to use HGAB Studios facilities at the date and time desired.
Booking of studio time must be made at least 24 hours in advance via the Member’s Portal. No booking will be honored unless scheduled via the portal.
TERMINATION
This Agreement may be terminated for cause or without cause in the manner set forth herein. Member will be subject to any and all cancellation fees if applicable. Upon termination, Member can still utilize any services of HGAB Studios relating to the use of its facility at regular service price.
This Agreement may be terminated by HGAB Studios immediately in the event there is a breach of this Agreement by member, a failure by member to follow HGAB Studios policies and procedures relating to the use of its building and facilities, or any conduct by member that, in the sole discretion of HGAB Studios, is deleterious or damaging to HGAB Studios or any of its tenants.
Member who has breached agreement may be subject to cancellation fees.
INDEMNIFICATION & LIABILITY
Member shall be responsible for any damage it, its employees, agents, representatives or invitees may cause to the premises or to any personal or other property belonging to HGAB Studios or its tenants that may be on such premises.
Member will indemnify and hold harmless and assume the defense of HGAB Studios, its agents, employees, and officials from any and all claims, liabilities, judgments, costs, damages and expenses of any nature whatsoever, including the cost of defending such claims, which may accrue against, be charged to, be recovered from or sought to be recovered from HGAB studios, its agents, employees, and officials by reason of or on account of any personal injury, sickness, or death of any person or damage to property arising from member’s use of the premises.
RELEASE
Member hereby releases HGAB Studios, its agents, employees and officials from any liability or responsibility to member or any other person, claiming through it by way of subrogation or otherwise, for any loss or damage to the facility or the property of any of its agents, employees, representatives or invitees which is brought onto the premises, regardless of how such loss or damage may occur, even if such damage or loss may have been caused by flood or other casualty or by the negligence of HGAB Studios, its agents, employees or officials. It is expressly agreed and understood that member, its agents, employees, representatives or invitees, in bringing property in and onto the premises do so at their own risk. It is further agreed and understood that HGAB, its agents, employees and officials will not be liable to members for any business losses or damages to the property of member, its
employees, representatives, agents or invitees, occasioned by the acts or omissions of other businesses or persons which may occupy the premises.
INTELLECTUAL PROPERTY
Member shall not use any trademark, service mark, logo or trade name of HGAB Studios.
APPLICABLE LAW
The laws of the State of Florida shall govern the validity, interpretation, performance and enforcement of this Agreement and any suit brought to enforce the terms of this Agreement shall be brought only in the state courts of Miami Dade County.
TITLE AND HEADINGS
The titles and headings of this Agreement are used only for convenience and are not to be construed as part of the Lease.
ENTIRE AGREEMENT
This Agreement and its attachments shall be considered to contain the entire agreement between the parties here to pertaining to the use of HGAB Studios facilities, and all negotiations and all agreements acceptable to both parties
are included herein. This Agreement may be modified only by an amendment in writing signed by both parties hereto.
ATTORNEYS FEES
In the event HGAB is required to file suit to enforce any provision of this Agreement, should it prevail, it shall be entitled to recover its reasonable costs and attorney’s fees incurred in prosecuting the action, in addition to all other damages to which it might be entitled.
MEMBERSHIP CREDENTIALS
Usernames and passwords issued out to members are the sole responsibility of the member to store safely. HGAB Studios is not responsible for credentials that are compromised or mishandled by members. If you believe someone else may have access to your membership portal, please call HGAB Studios (305) 200-3056 to reset your credentials.
ln WITNESS WHEREOF, the parties hereto have executed this Agreement on the date first above written.