Legal Agreement: Terms of Service
Longmont Public Media Membership Agreement
By signing up to become a member of Longmont Public Media, you agree to our Membership Agreement below:
1. Duration of Agreement & Termination. This Agreement is a Membership and shall commence when you become a member of Longmont Public Media. This Agreement shall automatically renew on a month-to-month basis.
The Member or Longmont Public Media may terminate this Agreement any time with 30 days notice.
Notwithstanding the foregoing paragraph and notice period, Longmont Public Media reserves the right to terminate access to and use of Longmont Public Media’s facilities at any time, immediately and without notice, if the Member fails to comply with any provision of this Agreement or Longmont Public Media’s Policies and Procedures.
Longmont Public Media reserves the right to amend the Policies and Procedures document and Services Addendum from time-to-time and at its sole discretion. Longmont Public Media will notify Member of any changes to said rules and regulations in writing and prior to such rule changes taking effect.
Upon termination of this Agreement, Member shall thereafter have no further right to use Longmont Public Media facilities in any manner and Member shall make no further use of Longmont Public Media other than to remove personal items. All advance fees, if any shall be justly prorated and returned to Member, along with deposits, within 90 days of the termination of this agreement. Personal items must be removed from Longmont Public Media within 15 days of the termination of this agreement, after which period they become property of Longmont Public Media.
2. Description of Services. Longmont Public Media agrees to provide Member with secured entry access to non-exclusive, clean, well-maintained equipment and facilities, reasonable power and wireless internet access.
- Member Obligations. Member shall only use the facilities in accordance with Longmont Public Media 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 Longmont Public Media, including unreasonable or inappropriate wear on equipment or damage to the building in which Longmont Public Media is located (“Building”). Unreasonable damage is the responsibility of the Member and Member agrees to correct (fix or pay to repair) any unreasonable damage they may cause or be responsible for. Member shall not disturb the use and enjoyment of the Services by any other Member of Longmont Public Media or the use and enjoyment of the Building by any occupant of the Building. Member shall not use Longmont Public Media facilities for any inappropriate or unlawful activity including obscenity and use of material protected by intellectual property laws. Members shall not ‘live’ at Longmont Public Media facilities at any time (including sleeping, cooking or bathing ).
- Fees. Member agrees to make payments on a timely basis. Failure to make monthly payments will result in 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 Longmont Public Media in connection with any late payments or past due amounts.
- Risk of Use. Member acknowledges that he/she is using the facilities at his/her own free will and decision. Member acknowledges that Longmont Public Media 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. Member acknowledges they will not use copyrighted and protected intellectual property unless all necessary permissions and licenses have been obtained and agrees to indemnify Longmont Public Media for any inappropriate or illegal use of intellectual property by Member.
Longmont Public Media 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 Longmont Public Media 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 or work product and/or content owned by Member, its contractors, employees and invitees due to any act, omission or occurrence in or about Longmont Public Media or the Building. Except for gross or willful misconduct by Longmont Public Media, Member agrees to indemnify, defend, protect and hold Longmont Public Media 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, equipment, media distribution mechanisms and occupancy of Longmont Public Media. Members are strongly encouraged to carry insurance that covers their personal equipment and any work product they product while using the workspace at Longmont Public Media.
- Interruption of Service. Member acknowledges that due to the imperfect nature of electronic communications, electronics and utilities, Longmont Public Media shall not be responsible for damages, direct or consequential, which may result from the failure of Longmont Public Media to furnish any of the Services. Longmont Public Media 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.
- Relationship of the Parties. Member is not an employee or contractor of Longmont Public Media. Longmont Public Media has no right to work produced by Members or guests working at Longmont Public Media unless a release is signed by Member. All works submitted to Longmont Public Media shall use a Creative Commons 4.0 license unless otherwise labeled by the creator/submitter. Any copyrighted material must have a waiver on file with Longmont Public Media granting Longmont Public Media the right to publish/distribute the content prior to publication/distribution. All works covered by copyright waiver must have all required licenses already in place and all costs covered by the submitter of the material. The 'submitter of any copyright-protected material agrees to indemnify Longmont Public Media from any legal issues or costs that may arise from submitters materials. Member has no obligation to distribute their work product through Longmont Public Media distribution channels.
- 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.
- Waiver. No delay or omission on the part of Longmont Public Media in exercising any right under this Agreement shall operate as a waiver of such right or of any other right of Longmont Public Media, 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 Longmont Public Media of any payment, or of a sum less than is due, shall not be construed as a waiver of any of Longmont Public Media’s rights unless such waiver is in writing.
- THIS AGREEMENT IS NOT A LEASE AND DOES NOT CREATE OR REFLECT ANY FORM OF TENANCY OR INTEREST IN REAL PROPERTY IN FAVOR OF MEMBER. This agreement is subject and subordinate to a lease by and between Longmont Public Media 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 Colorado.
- No member under 21 may consume alcohol on premise. Immediate termination of membership will result.
Policies and Procedures
Longmont Public Media strives to provide a safe, productive and fun work environment for its members. In light of this mission, we ask you to obey the following policies and procedures for working in our facility. Failure to obey these policies and procedures can make our facilities unwelcoming to others, and such actions on your part may result in your membership being terminated without notice. Please take them seriously. We reserve the right to change these policies and procedures as needed with sufficient notice to members.
Individual Equipment Usage And Safety: Obey all posted signs and literature pertaining to safe use of our facilities. These include but are not limited to signs regarding techniques for safe equipment use, material-specific precautions for equipment, and equipment lockouts. If you use equipment for which you are not comfortable with or trained to use, get training first. If you are learning how to use something by using it vs. getting training, make sure that you always put it back into the condition you found it. Please ask for help if you are ever uncertain.
Shared Equipment Usage And Safety: In a shared and open facility like ours, it is possible for less experienced members to operate equipment and leave it not working without knowing it. Please stay on the lookout for this kind of behavior, and approach and offer feedback to fellow members if you see this happening. Please notify a shop captain, the Executive Director, or the Sergeant at Arms if you believe any piece of equipment or infrastructure to not be working or to be unsafe.
Respectful Behavior: Behave respectfully, courteously, and professionally to your fellow members in both in-person and electronic interactions. No discrimination, harassment, or hate speech will be tolerated.
Courtesy of Individual Spaces: If you are licensing space from Longmont Public Media, please keep the space clean and orderly. Do not enter any individual work spaces that are not yours without explicit permission.
Courtesy of Shared Spaces: Keep noise levels to a respectful minimum for the comfort and enjoyment of those in the immediate area. Please keep noise to a minimum when recording of any type is in process. No loud music, tool use or other noise will be permitted in the open areas without the explicit permission of the members around you. Restore the shared spaces to be as clean or cleaner than when you found them. Please respect and do not interrupt any official Longmont Public Media activities or classes in the shared spaces.
Presence: Inactivity and lack of physical presence at our community facility can be detrimental to our mission and prevent others from using the space. Please inform us of any extended absences or extenuating circumstances that might prevent you from attending. We encourage all members to make regular use of our facilities.
Guests: Non-member guests are permitted in Longmont Public Media as long as they do not use Longmont Public Media equipment unsupervised or shared areas or interfere with other members. Guests and their actions are the sole responsibility of the host member.
Tolerance of Feedback: Please be open to constructive feedback from fellow members, especially when pertains to proper use of our equipment or disrespectful communications or behavior.
Safety and Workspace Conduct: Longmont Public Media is a place to learn, teach and create. It is also a community workshop with a wide array of equipment you can use as a member. It's important that you use the community equipment in a way that's respectful to yourself and others around you. Equipment must be kept clean, functional, and available for your fellow members.
Longmont Public Media's General Rules, Guidelines & Expectations
- All Longmont Public Media users must be properly certified to use any equipment or anything marked with “training required” signage.
- Guest and Minors must follow this agreement and may not work at Longmont Public Media unattended.
- If you do not know how to do something – ASK! Check with the one of the Shop Captains or an experienced member if you have any doubts about what you are doing.
- All Longmont Public Media users must know the location and proper usage of, and make sure there is proper access to, all Longmont Public Media first aid and emergency safety equipment before starting any work at Longmont Public Media.
- All ladders must be used with a spotter to hold the base the entire time the ladder user is on the ladder.
- For equipment maintenance refer to the appropriate Longmont Public Media equipment operation and workshops. Longmont Public Media members should not perform maintenance or upgrading of software that they are not certified by Longmont Public Media to use.
- Failing to follow appropriate protocols as outlined in Longmont Public Media equipment operation workshops will result in a violation of this agreement.
- Always work in a proper area for your task.
Longmont Public Media Workspace Etiquette
In order to promote a safer, low distraction environment, Longmont Public Media users are expected to:
- Keep unnecessary conversation to a minimum in active workspace areas.
- Avoid unnecessary loitering in an active workspace/studio.
- Don’t use more space then you need.
- Keep a clean and organized work environment.
- Immediately report any damage to equipment or issues with facilities or software, etc.
Workspace Cleanliness Expectations
- Materials will be stored in such a way that they cannot become tripping hazards.
- All excess material must be immediately returned to its proper storage location.
- Equipment must always be put away when not in use.
- Keep doors to studios and workspaces closed when in use.
- In case of Fire
- Use fire extinguisher to put out fire if safe to do so.
- If fire cannot be safely extinguished, evacuate the space and, if safe to do so, activate fire alarm.
- Call 911 once you have reached safety.
- In case of all other emergencies Call 911 immediately!
Failure to follow these rules and expectations may be subject to disciplinary action at the discretion of Longmont Public Media Board.
Membership: Memberships at Longmont Public Media grant access to our facilities. Each membership (student, standard, family, and corporate/group) has one vote in all matters requiring membership voting activities (elections, bylaw changes, etc.).