Brightside Studios Membership Agreement
Brightside Studios LLC (Brightside) accepts your business (Member), under the assumption you are over 16 years of age.
As a member of Brightside Studios for a prepaid period of ‘x’ amount of days at $39.99 per day, or ‘x’ amount of months at $79.99 per month, or one year at $799.99, commencing on any (Start Date), on the following terms and conditions:
Membership Agreement. This agreement is not a lease or any other interest in real property. It is a contractual arrangement that creates a revocable membership.
Membership Privileges. Full access to studio and equipment located at 839 E. Camelback Rd Phoenix, AZ 85014 and dedicated studio support during Brightside’s normal business hours, along with further free materials, services, and other privileges, as described on Brightside’s website http://brightsidestudios.com/, Membership tab, as may be amended from time to time. Studio space, equipment, and support are resources shared among all members, and Member agrees to respect the equal rights of other members to use those resources in turn.
For-profit Goods and Services. Brightside also sells some art materials and implements, and offers art instruction, on a for-profit basis at the studio.
Membership Obligations. Members must conduct themselves civilly and with due respect for Brightside employees and other members at all times. Members will not damage or deface the studio equipment, ordinary wear and tear excepted, and will restore equipment to suitable condition for the next user after each use, except for routine cleaning to be performed by studio personnel. Egregious or repeated violations of these obligations, as well as the rules and regulations list on the website, may result in the termination of Membership Privileges, without refund of prepaid fess, in Brightside’s reasonable discretion. You may be responsible for any damage caused outside of ordinary wear and tear.
Member’s Assumption of Risk. By accepting this membership, Member acknowledges that Member’s artistic and artisanal activities at the Studio, where other members are similarly engaged, may entail some risk of harm to Member, including physical injury. Examples include exposure to corrosive chemicals, solvents, and fumes; slip and fall risk due to spillage of liquids that are not immediately detected; and burns from heat guns. Member hereby assumes all risk of such harm, excluding only physical injury due to the willful misconduct or gross negligence of Brightside employees.
Limitation of Brightside’s liability. Brightside will maintain insurance against fire damage and thefts by outsiders and will distribute proceeds of such insurance equitably among Members who have suffered such damage. Brightside cannot control and cannot accept liability for damage to or risk of loss or theft of a Member’s artistic creations through misconduct or inadvertence of Member or other Members. Member accepts the obligation to preserve and secure Member’s creations through protective wrapping and securing storage space. In order to keep fees affordable, Member agrees that Brightside’s liability for any and all damages, except those caused by the willful misconduct or gross negligence of Brightside employees, will be limited to the fees paid by the Member for the then-current period of membership, not to exceed one year.
Renewal Fees. Unless notified to the contrary by Brightside in advance, this agreement will automatically renew on a continuing basis for the same period of time as the initial term and under the same terms and conditions as stated in this agreement in exchange for advance payment of the then-current fees for the extension period as set forth on Brightside’s website (excluding any promotional rates for first-time members or other such specials). No such extension may extend for more than one year beyond the Member’s then-current membership. The terms and conditions of this Agreement will automatically continue in full force and effect, and any attempt by Member to alter or qualify such terms will render the attempted extension null and void. Any renewal/extension by a Member constitutes a waiver and release of any claim Member may have against Brightside for the existing membership period, absent written agreement by Brightside to the contrary. The right to extend lapses if the Member’s membership period concludes without advance payment for an extension.
Termination. You agree to remove your personal property from the premises as of the date of termination. We are not responsible for personal property after the date of termination. If you do not remove any property belonging to you after termination, you shall be conclusively deemed to have abandoned and conveyed such property to Brightside.
This Agreement embodies the entire understanding between the parties regarding Member’s membership rights and obligations, superseding all prior oral agreements, commitments, or discussions. This Agreement will be governed by Arizona law. Any disputes arising under this Agreement or relating to Member’s membership will be resolved by a single arbitrator under the auspices of the American Arbitration Association.
Member’s decision to proceed with this transaction constitutes a legally binding acceptance of these terms.