Terms and Conditions
General Terms and Conditions
POLICIES: Members are required to follow the following Policies:
- PERMITTED USES: Permitted uses are at the sole discretion of the “THE MONARCH” and may be revised from time to time. Member agrees that changing a “Permitted Use” does not change the validity of previous Membership Agreements. These uses include;
- Creative activities including but not limited to, Photography, Video, Graphic Design, Screening, Meetings, Print Making, Ceramics, Jewelry, Sculpture.
- The studio space is intended as a working area with some opportunity to display and sell work; however the studio is not intended as a retail space.
- A Member wishing to teach from their studio may use their space for private tuition with a maximum of 8 people. For bigger groups, they MUST make arrangements with THE MONARCH for additional space.
PERSONAL PROPERTY: THE MONARCH is not responsible for damaged, lost, or stolen personal property.
- Member is solely responsible for adequate insurance coverage for their own personal property. All personal property is NOT covered by, or the responsibility of, THE MONARCH.
ILLEGAL DRUGS: Use or possession of illegal drugs on-site is prohibited. Any member using or in possession of illegal drugs on-site will be automatically expelled, and agreement immediately terminated without refund. Member accepts these consequences and understands no notice will be given to them.
QUIET ENJOYMENT: THE MONARCH is an open area with shared space. Each member is expected to respect the work needs, privacy and concentration of others. Noise, smell, fumes, loud music, excessive sound, vibrations and other disturbances to the community are prohibited. A violation of this Quiet Enjoyment policy may result in termination of the membership, at the sole discretion of THE MONARCH.
KEYS: Each Studio Member will have a key(s) and access code. The key(s) and access code must NOT be provided to anyone not listed on the Member Agreement. Any Member providing keys or access code to anyone (non Members) will be automatically expelled, and agreement immediately terminated without refund. Member accepts these consequences and understands no notice will be given to them. Lost keys will result in a $25 replacement charge. Studio members must return their keys to THE MONARCH management when membership is discontinued. 7.** SUPPLIES**: Studio members must provide their supplies. THE MONARCH provides NO supplies, furniture, and fixtures … ANYTHING to the studio space.
COMMON EQUIPMENT: All common equipment must be signed out and returned to the proper space in the utility room after use.
ACCESS: All studio Memberships will have individual access to the building, studio space and utility room as pertains to the agreement. Member agrees THE MONARCH staff may need to access studio space for emergencies, to perform repairs or to show the space before vacated. Member may not change any locks or passages into studio space or any MONARCH premise at any time. Member agrees not to share with any unauthorized person(s) of the building’s alarm/access code. Members who cause false alarms requiring police, emergency or staff attendance will be held responsible resulting in a $175.00 fee per incident or reimbursement for expenses incurred plus $25.00 administrative fee.
STUDIO PARTICIPATION: All Members should be inclusive of each other and try to participate in all-studio events and collaborations understanding that providing a rich, diverse creative experience to the wider community is an important part of THE MONARCH vision.
SCHEDULE: Member(s) MUST respect all calendar and event schedules for private events, exhibits, conference room, utility room and all other spaces requiring it.
EVENTS: THE MONARCH is in the private event business and will participate in open and closed-door events within all common area spaces of the building. Members will respect those involved or participate when appropriate. Also, when studios are open to the public, Members are responsible for their participation and care for their space.
EXHIBITION: Common area(s) may be available for rent or display — permission required before engaging in any work on those common areas or any public space.
COMMUNITY: It is essential that all Member(s) cooperate with staff, fellow Members, and with other Conditions that pertain to safety and common courtesy of THE MONARCH. 15.SMOKING AND FIRE: Smoking, burning incenses or open flames are not allowed anywhere in the building. Ogden City building code enforcement and THE MONARCH must approve a Creative wishing to use heat processes.
REPAIRS & MAINTENANCE:
- Members are responsible for replacing any broken or damaged property caused by Member and Members Guest.
- THE MONARCH is responsible for repairs and maintenance to the building and common areas.
- ALTERATIONS: Members shall make no changes, improvements, modifications, or additions to the Studio, or common area unless first approved in writing by THE MONARCH. All changes, improvements, alterations, or additions to the Studio for the benefit of Member shall be made at member's own expense and by all permits, ordinances, regulations and other statewide or local codes that may be applicable and shall be accomplished in a good and workmanlike manner. Any such modifications and improvements shall become part of the Studio and inure to the benefit of THE MONARCH. 18.** PARKING**: Parking is in non-designated areas and on a first come basis. THE MONARCH is not responsible for any towing, tickets or damage to vehicles. Member is 100% responsible for all parking restrictions, code enforcement, and requirements.
- SUBLETTING AND ASSIGNMENT: Members may NOT assign this agreement or share any part of the Studio without written consent by THE MONARCH.
- SIGNAGE: Members may NOT have any signage on the exterior of the building. Interior signage MUST have written consent from THE MONARCH and is at THE MONARCH’s sole discretion.
- SHARED SPACE: Member acknowledges the premise will be shared space and that others will occupy the building during the term of this membership, including, but not limited to, activities of THE MONARCH as a private event venue.
- HAZARDOUS MATERIALS: A Member must get permission from THE MONARCH in writing before bringing any hazardous or harmful substances on the premise. Also, upon such approval, all inflammable materials or hazardous substances MUST be stored in an approved manner, out of the public contact and locked away when not in use. EXPLOSIVE MATERIALS ARE STRICTLY FORBIDDEN. Members found not obeying this rule will be automatically expelled, and the membership agreement immediately terminated without refund. Member accepts these consequences and understands no notice will be given to them.
- WASTE & GARBAGE: Members are responsible for the safe and property disposal of their materials, waste, refuge, etc. Member also agrees to not flush solids or prohibited materials down any building drains. Studio spaces do NOT have plumbing or running water.
- MODIFICATION OF AGREEMENT: This agreement may be modified ONLY by THE MONARCH from time to time, at its sole discretion, and will be considered accepted upon a 90-Day notice to the Member.
- BUSINESS LICENSE: A business license may be required for membership.
- HOURS OF OPERATION: THE MONARCH is a 24 / 7 facility for Members. The General Public may access the building at the invitation of a Member as their Guest. These hours of operation are determined as the sole desecration of THE MONARCH.
- MOVE IN / MOVE OUT: THE MONARCH does not provide any services to move into, or out of, a creative studio. Please take all necessary precautions.
- SECURITY: THE MONARCH does NOT have any security personnel on site.
- PETS: Member MUST inform THE MONARCH in advance if any animals, birds, reptiles or creatures of any kind (including service dogs) will be present on the premises at any time. The presence of live species in the building must be specifically agreed in advance and writing. THE MONARCH is at its sole discretion to accept or not accept pets. Members found not obeying this rule will be automatically expelled, and agreement immediately terminated without refund. Member accepts these consequences and understands no notice will be given to them.
- ALCOHOL: Alcohol is allowed on-premise and at events as permitted by governing laws. It is The Member(s) duty to represent themselves professionally, respectfully and with safety as a priority for all who use this space.
- RESIDENTIAL USE: Using a studio for residential use is strictly prohibited. Member is required to leave the facility for residential services, such as sleeping and bathing, etc.
LIMITATION OF THE MONARCH’S LIABILITY: Member accepts the Resources AS-IS, without any warranties whatsoever and agrees that THE MONARCH shall have no liability to Member relating to or arising from Member’s use of the Resources. Member agrees to use the Resources in accordance with the Policies and Conditions of THE MONARCH, as made available to the Member from time to time. I the undersigned, or the company I represent, will be responsible for any damages sustained to the facility, which results from the Member(s) use of the facility.
INDEMNITY: Member now agrees to defend, indemnify and hold harmless THE MONARCH, 455 25th Street LLC, its manager, members, agents, officers, and employees from any claims, actions, or damages that may arise during and related in any way to the use and occupancy of the said facility by Member. This defense and indemnity provision is intended to be very broad and includes claims or actions, which arise from the negligence of the (1) Member, the (2) Member’s guests, or (3) THE MONARCH.
EVENTS OF DEFAULT OF MEMBER - REMEDIES OF THE MONARCH: Upon the occurrence of any of the following events, THE MONARCH shall have the remedies set forth below:
- Member fails to pay any installment of Membership Fee or any other sum due hereunder within five (5) calendar days after the same shall be due.
- Member fails to perform any terms, conditions, policies, Conditions or covenants under this agreement. Member shall have five (5) business days after written notice of such default to cure such default. Certain policies have NO cure period and are noted within such policy.
- Member shall become bankrupt or insolvent or file any debtor proceedings.
REMEDIES: Upon the occurrence of the events set forth above, THE MONARCH shall have the option to take any or all of the following actions, without further notice or demand of any kind to Member or any other person:
- Immediately re-enter and remove all persons and property from the Members studio, storing said property in a public place, warehouse, or elsewhere at the cost of, and for the account of, Member.
- Collect by suit or otherwise all installments of Membership Fee or other sums as it becomes due hereunder, or enforce, by suit or otherwise, any other term or provision hereof on the part of Member required to be kept or performed.
- Terminate this agreement by WITHOUT notice to Member. In the event of such termination, Member agrees to surrender possession of the studio immediately.
- Elect to pursue any remedy allowed by law
COMPLETE AGREEMENT: This Agreement contains all of the terms, covenants, conditions, and agreements between the parties hereto concerning the subject matters treated herein. All prior negotiations, discussions, and understandings between the parties are intended to be merged herein. No party has relied upon any representation, promise, assurance, covenant, or agreement not included in the terms hereof in making the decision to enter into this Agreement. This Agreement may not be amended or supplemented except through writing executed by all parties whose rights are or may be affected by any such supplement or amendment.
WAIVER: Acceptance by any party of any performance less than required hereby shall not be deemed to be a waiver of the rights of such party to enforce all of the terms and conditions hereof. No waiver of any such right hereunder shall be binding unless reduced to writing and signed by the party to be charged therewith.
GOVERNING LAW; JURISDICTION AND VENUE: This Agreement shall be governed by and construed in accordance with the applicable laws of the United States and the State of Utah without regard to conflicts of law principles. The Parties agree that the courts of the State of Utah shall have exclusive jurisdiction over this Agreement and the venue is presumed in the courts of Weber County, Utah.
ATTORNEYS FEES: If any action or motion is brought to enforce or construe the terms of this Agreement, the party prevailing in that action shall be entitled to recover from the party not prevailing all of its/his reasonable costs, expenses, and attorneys’ fees incurred in that action or motion.
SEVERABILITY: The terms and provisions of this Agreement are severable, and should any term or provision hereof be declared or determined by any court or other governmental body or organization to be void, voidable, or unenforceable under any applicable law, such void, voidable, or unenforceable term or provision shall not affect or invalidate any other term or provision of this Agreement, which shall continue to govern the relative rights and duties of the parties as though the void, voidable, or unenforceable term or provision were not a part of this Agreement. In addition, it is the intention and agreement of the parties that all terms and conditions hereof be enforced to the fullest extent permitted by the law.
NOTICE INFORMATION & EMERGENCY CONTACT INFORMATION
THE MONARCH: 455 25th Street, LLC 2444 Washington Blvd. Ogden, Utah 84401
Email: Debra@Fischer-Regan.com Office: 801-823-3320
In case of Emergency, Fire, Accidents or Criminal Activity Call: 911
MODIFICATION, LIMITATION, OR DISCONTINUATION OF RESOURCES: THE MONARCH reserves the rights to modify, limit, or discontinue the use of any or all of the Resources at any time, and to allocate the use of Resources among members.
TERMINATION OF AGREEMENT: Member and THE MONARCH may each terminate the Agreement upon written notice for any reason as outlined in this agreement. A Member must give a 90 – Ninety Day notice of termination of a Studio Membership. In addition, THE MONARCH may terminate the Agreement immediately, if the Member fails to abide by the Policies & Conditions.
COUNTERPARTS: This Agreement may be executed in counterparts, and facsimile or scanned signatures shall be deemed acceptable as if they were original.
AUTHORIZATION: The individuals signing this Agreement, on behalf of the Parties confirm that they are the duly authorized representatives of the Parties and are lawfully enables to sign this Agreement on behalf of their respective Party
SPECIAL CONDITIONS: Both parties understand and agree to the special conditions as previously submitted in writing.
IN SUBMITTING AND SIGNING THIS AGREEMENT, I certify I have read, understand, and will abide by THE MONARCH’s Policies and Conditions as set forth within this agreement.