WELCOME To THe Maker Space

PHOTO RELEASE

I do hereby consent to the use by MadJax and/or its subsidiaries, of my, my child’s, or my guest’s image, voice, or both, in any video, photograph or audio tape, either in whole or in part; for fundraising, advertising, publicity, or any other legal purpose on behalf of MadJax and its subsidiaries. In addition, I waive any and all claims to further compensation or damages based on the use of my, my child’s, or my guest’s image, voice, or both. I also waive any right to inspect or approve the finished photograph or video or audiotape. I understand that this consent is perpetual; that I may not revoke it, and that it is binding on my heirs and assigns.

BACKGROUND CHECK

I understand that MadJax reserves the right to perform a security clearance background check on any individual signatory to this Agreement to identify whether any such individual is a registered sex offender pursuant to Zachary’s Law, Ind. Code § 11-8-8 et seq. or the equivalent law of the individual’s state of residency. MadJax reserves the right to immediately remove any individuals identified as registered sex offenders from Collaborator’s premises and may terminate this Agreement with immediate effect.

MEMBERSHIP AND MADJAX RULES

Abuse of, or failure to comply with, any of the terms mentioned below may result in loss of membership.

DEFINITIONS: “Member” is any person that subscribes for access to MadJax facilities. “Guest” is any person accessing MadJax facilities, services, and/or classes and who is not a member. “Staff” is any MadJax owner, manager, employee, agent, contractor, or instructor. “SOP” refers to both general and equipment-specific Standard Operating Procedure documents.

MEMBERSHIP AGREEMENT: Terms of membership are contained in this section of the agreement. Any verbal or other representation of membership terms made outside this section of the agreement, past or present, are null and void and of no force and effect.

NON-PRODUCTION USE ONLY: MadJax provides the facilities for the shared use of all members. The facilities are NOT provided as a place of business or production of commercial goods, except by specific written agreement with MadJax. Unless otherwise agreed to by MadJax, the use of the facilities for any purpose other than personal, non-commercial activities is prohibited.

FEES AND CHANGE OF TERMS: The current base membership fee is $35.00 per month for individuals and $20.00 per month for students, with additional fees for additional secondary members on the same plan. Additional members are not permitted for student memberships. These prices may be overridden by current discounts. Individual, Family, Small Business, and Student Membership billing will occur on a monthly basis. Organizational Memberships are billed annually, with the first payment due upon application approval. Memberships beginning prior to the 15th of the month will be billed the same month membership starts. Memberships beginning after the 15th of the month will be billed the 1st of the following month. Payments must be made online; a link to the secure payment portal will be provided via email upon application approval. Members MUST enroll in autopay, regardless of length of commitment. MadJax reserves the right to change the membership fee structure with thirty (30) days’ notice. If committed for multiple months, fees will remain unchanged until the end of the commitment.

BEHAVIOR: Members and guests are expected to behave in a reasonable, respectful manner while in the Design Lab. This includes, but is not limited to, being mindful of others in regard to their personal space and avoiding the use of foul language. Horseplay and/or recklessness will not be tolerated. The consumption of alcohol or any illicit substances, smoking, or vaping in the Design Lab is forbidden. Any improper use of equipment, including but not limited to 3D printing firearms or intentionally accessing explicit material on Design Lab computers or tablets, is forbidden and is grounds for immediate termination of membership.

EQUIPMENT AVAILABILITY: Membership does NOT guarantee use of any specific piece of equipment. MadJax will endeavor to make all equipment available on a regular basis. Equipment may be added, removed, or modified at any time. The unavailability of equipment is not grounds for termination of this agreement. Access to equipment may be limited to allow shared use by other members. Some equipment may require block scheduling to prevent conflicts at the sole discretion of Design Lab Staff.

ACCESS TO FACILITIES: Members may have access to the Design Lab and Shipyard during posted operating hours, which may be subject to change based on Staff availability. MadJax reserves the right to deny or revoke unrestricted access at any time, for any reason.

OPERATION OF EQUIPMENT: A Member may only operate equipment that the Member has been authorized to operate by Maker Space Staff. Specifically identified equipment will require the successful completion of a training session prior to operation. MadJax reserves the right to change the schedule and content of the safety classes and, with thirty (30) days’ notice, the fee structure of the safety classes. Failure to operate equipment in the prescribed manner is grounds for suspension of Member’s privileges to use specific equipment or all equipment (as determined in MadJax’s sole discretion.) Suspension of privileges to use equipment is not grounds for termination of this agreement.

GUESTS: A member may bring no more than two (2) guests into the MadJax facility at any one time. Guests of the Member are subject to all the same rules as regular members; however, guests may NOT operate equipment (including computers) at any time. Guests must always be accompanied by a Member. Minors from ages 13-15 are allowed in the lab as a Member’s accompanying guest, but must be actively supervised by the Member and are NOT allowed to utilize the equipment. Guests under 13 years of age are not permitted.

DIRECTION OF MADJAX STAFF AND ADHERENCE TO PROCEDURES: Members and guests must comply with directions of Maker Space Staff and must also adhere to MadJax  general and equipment-specific Standard Operating Procedures (Hereafter referred to as “SOP.”).

DAMAGE, CLEANING, AND PERFORMANCE: Each Member and Staff shall maintain the MadJax facilities and equipment in accordance with MadJax rules and SOP. Both Design Lab members and staff are expected to maintain the cleanliness of common areas. All tools, equipment, and materials are to be stored in the appropriate location after use, and any trash or scrap material should be appropriately disposed of. In-progress projects should not be stored in common areas. Any damage to MadJax facilities and/or equipment must be reported to Staff immediately. Nonreporting of equipment damage is subject to immediate termination and loss of ALL future privileges.

CONSUMABLES AND RAW MATERIALS: Members are responsible for the purchase or provision of consumables and raw materials. MadJax may provide, but does not guarantee to provide, limited and basic materials for some equipment. Any available lab materials can be used for a fee based on established material pricing schedules. All third-party materials must be approved by Lab Personnel before use. MadJax is not responsible for any aspect of materials, tools, or accessories provided by Members and reserves the right to decline donation of materials, tools, and accessories.

HAZARDOUS MATERIALS: Hazardous materials are NOT allowed into the MadJax facility without the prior written approval of Design Lab Staff. Failure to obtain written Staff consent prior to bringing hazardous chemicals or materials into the lab is subject to immediate termination of membership and loss of ALL future privileges. Members must complete a Hazardous Materials Information Sheet (“HMIS”) prior to bringing hazardous materials into the MadJax facility. Members must also furnish a Materials Safety Data Sheet (“MSDS”) for hazardous material (available from the material manufacturer). Members MUST remove all hazardous materials from the MadJax facility at the end of each day unless Design Lab Staff provides specific written approval.

VACATING FACILITY: In the event a Member fails to maintain his/her membership in good standing, such Member must vacate the MadJax facility and remove all of Member’s materials from the MadJax facility within 7 days of the date as indicated per their notice to vacate. After 7 days, remaining materials or property are considered surrendered and may be disposed of in the sole discretion of Design Lab Staff.

USE OF FACILITIES AND COMPLIANCE WITH LAW: MadJax facility and property shall be used only for lawful purposes. Only property owned by or in the custody of a Member may be brought into and stored in the MadJax facility. The MadJax facility and equipment may only be used for activities permitted by MadJax. MadJax reserves the right to prohibit (as determined in its sole discretion) certain equipment or materials from being brought into the MadJax facility and further reserves the right to prohibit (as determined in its sole discretion) certain activities from occurring at the MadJax facility, including, without limitation, firearms and/or related projects.

NON-LIABILITY OF MADJAX AND INSURANCE OBLIGATION OF MEMBER: Member is responsible for maintaining his/her own personal health, property and liability insurance while in MadJax facility. MadJax is at no time responsible for the acts, omissions and/or property of any Member (whether such property is owned or in the custody of such Member) or the Member’s guest. All Members must sign the Release, Indemnity and Assumption of the Risk agreement, prior to using the facilities and equipment. (This is included in SECTION 3 of this document.)

DEFAULT, ABANDONMENT, REMEDIES, AND LIENS: In the event a Member maintains an outstanding balance on MadJax fees or charges for over 30 days, or has violated any other provision of this Agreement, such Member will be considered in default of this Agreement. Any Member in default of this Agreement consents to MadJax taking any lawful remedial actions to collect outstanding amounts owing to MadJax, including, but not limited to, disposal of such defaulting Member’s personal property located at MadJax facility. Any Member in default of this Agreement will be responsible for all collection costs, including reasonable attorney fees whether or not a lawsuit is filed.

CONSULTING/ASSISTING: The Design Lab Staff is available for general consultation or assistance regarding a Member’s project and/or the MadJax equipment and facilities. Any extended consultation and/or assistance beyond brief general consultation, at the discretion of Maker Space staff. MadJax shall not have control over, charge of, or responsibility for the design, engineering, methods, techniques, sequences, or procedures in connection with a Member’s project.

STORAGE SPACE: A limited number of general storage spaces may be available to rent, pending availability, for an additional charge. A Member shall be responsible for securing all items stored in general storage spaces and MadJax shall have no liability for any loss or damage that a Member may experience when storing items or materials in any such storage space. Members are responsible to supply their own padlock if needed. MadJax shall also have no liability for any loss or damage for items stored in unsecured common areas. MadJax is NOT liable under any circumstance for any damage to a Member’s materials or property.

MADJAX RELEASE, INDEMNITY, AND ASSUMPTION OF RISK

I understand that the MadJax facility and the machines, equipment and materials present at the facility are potentially hazardous and may cause property damage, bodily injuries, or even fatal injuries. I also understand that the MadJax facility and the machines, equipment and materials present at the facility present risks and dangers, including, but not limited to, risks and dangers posed by:

• Use, misuse, malfunction or defects in machines, equipment and/or materials.

• Lack of training, instruction and/or supervision.

• Lack of warning as to dangerous conditions (natural or man-made).

• The presence of, or exposure to, flammable and/or hazardous substances.

• Arc flashes or burns from welding or other equipment or substances.

• Dust and other airborne particles.

• Human error, negligence and/or careless conduct by me (or others).

• Lack of emergency medical care.

Understanding the risks and dangers, and in consideration of being permitted to become a Member of the MadJax Design Lab, I agree to the following:

1. Release. I release and discharge MadJax, and its owners, managers, employees, board members, agents, contractors, bailors, and instructors (collectively “MadJax Representatives”), from any and all liabilities, claims, damages and causes of action whatsoever arising out of any damage, loss or injury that occurs on the MadJax facility or as a result of any activity at MadJax, whether such damage, loss or injury results from the negligence whether such damage, loss or injury results from malfunction of equipment, the negligence of MadJax or the MadJax Representatives, or from any other cause whatsoever.

2. Assumption of Risk. I accept and assume any and all risks and dangers of bodily injury, permanent disability, death and/or property damage, even if caused in whole, or in part, by the negligence of MadJax or the MadJax Representatives that may occur while I am on the MadJax facility or engaged in any activity at MadJax.

3. Indemnification. I agree to indemnify and hold harmless MadJax and the MadJax Representatives from any and all liabilities, claims, damages, losses and expenses, including attorneys' fees, which MadJax or any MadJax Representatives incur as a result of any claim by myself or my child of bodily injury, death or property damage arising from my presence or activities at MadJax and/or the presence of or activities of my child or any other guests.

4. Consent to Medical Treatment. I consent to emergency medical care and transportation in order to obtain treatment in the event of injury to me, my child, or my guest, as MadJax may deem appropriate. The release set forth in line item 1 of this Waiver extends to any liability arising out of or in any way connected with the medical treatment and transportation provided in the event of an emergency.

5. Jurisdiction and Interpretation. I agree that exclusive jurisdiction and venue for any lawsuit arising out of this Agreement shall be the state courts located in Delaware County, Indiana. To the extent that any part of this Agreement is found to be invalid, void or illegal under applicable law, then any such part shall be inapplicable, and the remainder of this Agreement shall continue in full force and effect.

6. Minor Children. I agree that my minor children (listed in SECTION 1 of this contract) may be Guests or Members of MadJax and that this Release, Indemnity and Assumption of the Risk shall fully apply to any of my minor children.

7. Warranties. I understand and agree that MadJax disclaims all equipment and/or material warranties, including the warranty for fitness for a particular purpose.The equipment and materials provided, if any, have either been donated or purchased at a reduced cost and MadJax provides no warranties related to the equipment and materials provided within the Design Lab.

By submitting this electronic form, I reaffirm this Agreement on behalf of myself and my minor children, including, but not limited to, the provisions relating to releases, assumption of risks and indemnification and agree that the terms and provisions of this Agreement shall be binding upon myself and my minor children noted above. My signature confirms my understanding and agreement to the terms and provisions of this Waiver.

Binding Nature:

This Waiver of this Agreement shall be binding upon my personal representatives and heirs and shall be binding upon my minor children listed above and their personal representatives and heirs.

Survival:

The terms and provisions set forth in this Waiver Agreement shall survive and continue beyond the termination of my being a Member of MadJax or beyond my presence or activities as a Guest at MadJax.