Membership Agreement between Building BloQs at Meridian Works Limited and each Member
1. What is this document:
This document(the “Membership Agreement”) sets out: (i) the terms on which Building BloQs at Meridian Works Limited (“Building BloQs”) agrees to provide the Services and regulate membership of Building BloQs; (ii) the obligations of Building BloQs to eachperson who agrees to be bound by this Membership Agreement as a Member; and (iii) the obligations of each such Member to Building BloQs.
Building BloQs may at any time modify this Membership Agreement(other than any current outstandingLicence and Use Agreement) and will notify Members of any changes to this Membership Agreement by posting a notice on the Building BloQs web-site and posting a physical notice, visible to Members, at the Building BloQs facilities.
2. Defined terms:
The following defined terms are used in this Membership Agreement:
“Assessment” means a test, the outcome of which determines whether Building BloQs authorises or denies access to the specific Machine on which an individual has been tested.
“Associated Member”means a Member of Building BloQs that Building BloQs has agreed (in its absolute discretion) is associated by a Business Member to such Business Member’s membership account.
“Booking” means the reservation of any facility or Service provided by Building BloQs.
“Building BloQs Staff” means the employees of Building BloQs.
“Business” means the business of Building BloQs At Meridian Works Ltd.
“Building BloQs Operational Day”means any day on which Building BloQs is open for Member’s use.
“BusinessMember” means a Personwhich carries on a trade or business that has completed aMembership Joining Form, who has applied to be a Business Member, who has (by virtue of completing such Membership Joining Form) agreed to be bound by the provisions of this Membership Agreementand has been accepted by Building BloQs as a Business Member.
“Directory” means the online directory of Members, hosted on the Building BloQs website, where Members can display images of their work, describe their skills and interests and display contact information.
“Fair Usage” means if and when more than one Member wishes to use a Machine on a temporary ad-hoc basis (without booking), they must between themselves agree on what is fair. As a rule of thumb, nobody should expect to use a Machine continuously for more than a period of 30 minutes during high demand.
“Host Member” means a Member that brings one or more Visitors into the premises. A Host Member is responsible at all times for their Visitor’s health and safety and must ensure that their Visitor(s) do not breach this Membership Agreement as they will be held accountable for breaches by their Visitors.
“Licence and Use Agreement” means a an agreement between a Member and Building BloQs under which Building BloQs: (i) grants a licence to the Member to occupy one or more Workbays; and/or (ii) grants the Member the right to use certain equipment, such agreement being constituted by Building BloQs accepting an application by the Member (made by way of a Workbay/Equipment Booking Form) to use the relevant Workbay(s)/equipment and which application includes an agreement of the Member to be bound by the provisions of the Pro-Forma Licence and Use Agreement in relation to such Workbay occupation/equipment use.
“Machine” means the machinery available for use by Members at the Workshop including, without limitation, those machines that can be found on the Building BloQs website which a Member may book, subject to having had the correct induction, assessment and/or training.
“Members” means the Business Members and the Non-Business Members, and “Member” means any of them.
“Membership” means the state of being a Member.
“Membership Code of Conduct” means the code by which all Members agree to conduct themselves whilst using Building BloQs and is detailed in Section 13 of this Membership Agreement.
“MembershipJoining Form” means the on-line form a Person must complete in order to become a Member or Business Member of Building BloQs which form will include confirmation that the relevant Person agrees to be bound by the provisions of this Membership Agreement.
“MembershipPeriod” means, in relation to a particular Member, the period commencing with the date upon which theMember is accepted as a Member by Building BloQs (such Member having properly completed a Membership Joining Form and agreed to be bound by this Membership Agreement)and ending on the dateof termination of such Person’s membership pursuant to the provisions of this Membership Agreement.
“Non-Business Member” means a Person who has completed a Membership Joining Form, who has not applied to be a Business Member, who has (by virtue of completing such Membership Joining Form) agreed to be bound by the provisions of this Membership Agreementand has been accepted by Building BloQs as a Member.
“Operational Hours” means the hours during which Building BloQs is open for use by Members and as published on its website.
“Person” means a natural person, a corporate or an unincorporated body (whether or not having separate legal personality.
“Pro-Forma Licence and Use Agreement” means the form of licence agreement annexed to this Membership Agreement.
“Recurring Card Payment” means a recurring card payment, similar to a direct debit, automatically collected from the card details supplied by the member using the companies nominated online payment platform.
“Safety Induction” means an orientation to the relevant department of the Workshop and the Machines in that department which are deemed low risk and for general use by any Member using the department. The induction covers health and safety and the building’s fire procedures.
“Services” meansservices provided by Building BloQs at the Workshop and available to Members on payment of a fee including, without limitation:
- use of one or more Workbays;
- use of tools, Machines and other equipment (including in relation to tool and blade sharpening, electrical equipment portable equipment testing and printing);
- materials ordering;
- storage; and
- consumables ordering.
“Training” means instruction for an individual on how to use a specific Machine or Machines, payable by the hour.
“Training Record” meansthe record kept of all Training, Assessments, and Safety Inductions conducted by Building BloQs for a Member.
“Visitor” means any visitor invited into the Workshop by a Member who may be collaborators, clients, employees, subcontractors, friends or family. A Visitor may not, under any circumstances, do any activity that can be constituted as working in or using the Workshop.
“Workbay” means a delineated area within which a Member may work and which a Member may bookand use exclusively for the length of their booking.
“Workbay/Equipment Booking Form” means the on-line form a Member must complete in order to book a Workbaywhich form will include confirmation that the relevant Person agrees to be bound by the provisions of the Pro-FormaLicence and Use Agreement.
“Workshop” means the workspace within the buildings known as 4 Anthony Way, London, N18 3QT or such reduced or extended area as Building BloQs may from time to time designate as comprising the Workshop.
All Membership is granted at the sole discretion of Building BloQs and is subject to the right of Building BloQs to cancel, terminate or suspend the Membership as set out in Section 18 below. No fee is payable by a Member in relation to it becoming a Member. Members are required to pay fees in order to use certain of the Services.
Membership permits the Member access to the Workshop and its facilities subject to the terms of this Membership Agreement and, in the case of the use of Workbays, the related Licence and Use Agreement.
Members must be 18 years or over.
There are two types of Members – Non-Business Members and Business Members.
A. Non-Business Members
Membership as a Non-Business Memberentitles the Member to:
- make Bookings;
- gain Machine access following requiredsafety inductions, Assessments and/or Training;
- be listed in the Directory;
- take advantage of certain affiliate benefits as notified by Building BloQs to the Memberfrom time to time.
A Non-Business Membershall have an online Member’s loginand shall be responsible for the management ofpayments, bookings and changes thereof which must be administered through their online account.
ANon-Business Membermay not give their login details to any other Person and will be held responsible for any intentional or fraudulent misuse.
ANon-Business Membermust pay booking fees in advance for use of the Building BloQs facilities at the time of Booking (in accordance, where relevant, with the terms of the applicable Licence and Use Agreement).
B. Business Members
Business Membership entitles the Memberto:
- make Bookings (either itself or, if relevant, via an Associate Member of the Business Member);
- gain Machine access following required safety inductions, Assessments and/or Training;
- be listed in the Directory;
- take advantage of certain affiliate benefits as notified by Building BloQs to the Business Member from time to time.
A Member wishing to be a Business Member must make the relevant request in its completed Membership Joining Form. Building BloQs reserves the right to accept or refuse such Member’s application as a Business Member.
Once established as a Business Member the Member will have its own company login in order to manage its online bookings.
ABusiness Member will be able to request (by e-mail to Building BloQs) that individuals who are already Members of Building BloQs be associated with their account as Associate Members.Building BloQs has the right (in its sole discretion) to agree whether or not to accepts such individuals as Associate Members. If Building BloQs agrees, it will notify the relevant Business Member of that decision by e-mail (or in writing) and the relevant individuals will then be deemed to be Associate Members of the relevant Business Member. The relevant Business Member will then be able to allocate those Associated Members to any bookings they make for their business. Building BloQs also reserves the right to determine (at any time, by notice in writing or e-mail to the related Business Member) that any then Associate Member shall no longer be deemed to be such an Associate Member.
Any charges forbookings made by the Business Member (or by an Associate Member on behalf of such Business Member),no matter which Associated Members are allocated to the bookings, will be payable by the Business Member.
A Business Member is responsible for safeguarding their login details and may only share their login details with chosen individuals. The Business Member will be held responsible for any intentional or fraudulent misuse.
A Business Member may apply to Building BloQs (in writing or by e-mail)for a 30-day credit account.BloQs may accept or reject such application in its sole discretion. In the event that Building BloQs accepts the application, any Licence and Use Agreement in effect between Building BloQs and such Business Member from time to time will be treated (until such time as Building BloQs notifies such Business Member (in its sole discretion and in writing or by e-mail) that the 30-day credit status is no longer applicable ) as being amended to include such 30-day credit in relation to payments.
4. The Directory
The Directory offersMembers an online profile to promote the Member’s skills and, in relation to Business Members, services.
Building BloQs will approve each Directory profile submitted by a Member prior to posting online.
Building BloQs has the right to decline the posting of any Directory profile.
Building BloQs has the right to edit intellectual property (text and images) provided by the Member for their Directory Profile.
Building BloQs has the right to use and edit intellectual property (text and images) provided by the Member for Building BloQs’ sales and marketing purposes across communication platforms.
Building BloQs may post online or take offline any Member profile at their discretion and without warning.
A Member has the right to request in the writingthe removal of the Member’s Directory profile by e-mailing Building BloQs.
No profanity, copyrighted images or Intellectual Property not ownedby the Member is permitted on the Members’ Directory profile
A Member is not permitted to includelinks to any external websites or platforms that are not managed by the Member to their Directory profile.
(i) Safety Induction
Any Person working at Building BloQs must have had the relevant departmentalSafety Induction before they can access that department in the Workshop.
A Member cannot use any Machines until they have passed the relevant Assessment.A Member will pass an Assessment if they are able to show to the satisfaction of their Assessor that they can use the Machine safely and are competent to do so unsupervised.
Once an Assessment is passed and both the Member and the Assessor havesigned the Training Record the systems will be updated and the Member will be given permission to book and use the specific Machine.
In the interests of health and safety, permission to use any Machine may be withdrawn from the Member by Building BloQs at any time.
An Assessment is specific to a Member. A Member cannot teach any other Member to use Machines
If a Member does not pass an Assessment, Building BloQs may offer Training on the Machine.
Training is available to any Member on request. It is not necessary to have had an Assessment before Training can be undertaken.
The purpose of Training is to ensure a Member attains the required level of safe operating ability. The number of Training sessions may vary before a Member is given permission to use a specific Machine. The number of sessions needed will be determined by the individual trainer.
There are some Machines on which Training is mandatory.
OnceTraining issuccessfully completed and the Trainer deems the Member as having the requisite skill level to pass an Assessment the Trainer willupdate the Member’s Training Record so that Member can book and use the respective Machine.
Training is specific to a Member. A Member may under no circumstances teach any other Member how to use Machines.
- Assessment and Expiry of Permissions
If Building BloQs considers that a Member has not used the relevant Machines or Workshop facilities with sufficient regularity, Building BloQs is entitled (at its absolute discretion) to require that Member to undertake Assessments (or Training). This is in order to ensure the Member’s competence to operate machinery safely maintained and is in the interest of the health and safety of all workshop users.
All Bookings are made on a first-come first-served basis.
Any bookingmust be paid for in advance at time of booking before the facility or service being booked can be used (subject to the terms of any applicable Licence and Use Agreement and as otherwise provided in this Membership Agreement).
Only a Member (or, in the case of a Business Member, an Associate Member of such Business Member, if relevant)may make a Booking.
Building BloQs will not make or hold any unpaid reservations.
A Member may cancel a Booking and a receive a full refund if they have given the correct period of notice and where a refund is applicable. See Refunds below.
No refund will be given after a Booking has commenced.
A Member may reschedule a Booking if it has given notice of at least one full Building BloQs Operational Day.
It is not possible to reschedule a Booking with notice of less than one Building BloQs Operational Day or after a Booking has commenced.
All rescheduling must be arranged by contacting the BloQs Office.
Where entitled to a refund according to this Membership Agreement, a Member can expect to be refunded within seven working days of a decision to refund being reached by Building BloQs.
Refunds are made via the same method of payment used to make the original booking.
Booking to use a Workbay for six months or more will require a deposit of one month’s charge (payable in accordance with the terms of the related Licence and Use Agreement) which will be refunded at the end of the licence (subject to the provisions of the related Licence and Use Agreement).
A Booking to use a Workbay for a period of a week or less will not attract any refunds on cancellation.
A Booking to use a Workbay for a period of more than one week is eligible for a partial refund on receipt of two working days’ notice. The charge levied will be calculated by multiplying the number of days used by the published day rate. If a Member has not provided the required notice period, they will be charged the notice period of two full days in addition to days used. Once the day rate and notice period (where required) have been accounted for and subtracted from the Booking fee paid, the balance will be refunded to the Member.
7. Use of Facilities:
A Member shall be entitled to book and use a Workbay only if it has entered into a Licence and Use Agreement in relation to such Workbay by properly completing and submitting a Workbay/Equipment Booking Form which is accepted by Building BloQs. It is noted that, in order properly to complete a Workbay/Equipment Booking Form, the Member must agree to be bound by the provisions set out in the Pro-FormaLicence and Use Agreement in relation to the use of that Workbay (by ticking the relevant box in that form).
A Memberis entitled to use the Workshop’s facilities during its opening hours and subject to this Membership Agreement and, if relevant, any relevant Licence and Use Agreement.
Building BloQs may at any time, without notice, withdraw all or part of its Workshop facilities for any period, or periods, in connection with any cleaning, repair, alteration or maintenance work or for any other reasons.
It is strictly prohibited for a Member to use a Machinefor which a Member has not been givenpermission by having passed the relevant Assessment(s).
It is strictly prohibited to use a Machine for a purpose for which it was not intended.
It is strictly prohibited to remove any part or component of a Machine or piece of equipment provided by Building BloQs.
Contravention of these specific terms will be grounds for enacting a sanction against a Member. See section15(Violations of this Membership Agreement or Code of Conduct).
Young people under the age of 18 years may only enter the Workshop if accompanied by an adult who must be a Member or a member of Building BloQs’Staff.
Membership includes Fair Usage of Machines provided by Building BloQs in the shared Machine areas and common areas of the Workshop other than Machines which have been booked by a Member for its sole usage. Building BloQs provides no warranty to any Member that any particular Machine will be available to that Member at a particular time, unless that Member has made a confirmed Booking to use such Machine at such time.
At any one time, the maximum number of Members allowed to work in a Workbay is 3. However, if a workbay is too crowded for safe working, management reserve the right to reduce this ratio.
Sub-licensing of any Workbay or Booking at Building BloQs is not permitted.
8. Opening Times:
Building BloQs reserves the right to vary opening times. Opening times will be detailed on the Website and may be updated from time to time.
Building BloQs is closed on Sundays and for Bank Holidays and closes for approximately a week over the Christmas period.
Building BloQs reserves the right at its sole and absolute discretion to close the Workshop for additional periods.
A Member that brings one or more Visitors into the Workshop is termed the Host Member. The Host Member is responsible for their Visitors and must ensure they adhere to this Membership Agreement and Code of Conduct. A breach of this Membership Agreement by a Visitor is considered to be a breach by the Host Member and will be dealt with accordingly.
A Host Member must ensure that their Visitor remains safe and is accompanied at all times whilst in the Workshop.
10. Post + Deliveries:
Members may use the Building BloQs’ address as a postal address. However, Building BloQs accepts no liability for any loss, damage to or theft of any such items whether signed for or not.
Members may not use the Building BloQs’ address as a registered office address for corporate business purposes.
If not collected by the Member, items of post or packages will be subject to disposal after a period of five working days once a notification via an email has been provided to the relevant Member.
Large deliveries and deliveries of materials must be received by a Member. If a Member is not at Building BloQs to receive them, the delivery will be refused by Building BloQs. If deliveries are left unattended, they may be disposed of. Building BloQs does not accept liability for any loss, damage to or theft of any such items.
11. Health + Safety:
Each Member must be in possession of their own valid public liability insurance.
If a Memberhas any health condition that in any way impacts upon their ability to use the Workshop safely, or if they may have specific requirements in order to do so, must make Building BloQs aware of such condition in writing and prior to using the Workshop.
Members use the Workshop at their own risk with awareness of the inherent hazards of a Workshop environment, which include but are not limited to: use of sharp tools and sharp edges, exposure to toxic and dangerous materials, industrial Machines, blades and spinning parts, power tools, high temperatures, the risks associated with breathing dust and fumes, the risks associated with lasers and computer controlled Machinery and/or the risks associated with the handling of heavy materials.
Members and Business Members who bring any of their own electrical tools or appliances into the Workshop must ensure that the tools have a valid Portable Appliance Test (PAT).
Hazardous materials and/or explosives are not allowed on site.
If a Member brings any chemical(s) into the facilities that are subject to Control of Substances Hazardous to Health Regulations (“COSHH”) they must make sure that it is accompanied by the relevant documentation and is stored in the appropriate way. A copy of the relevant data sheet must then be left with the product and a second copy must be given to the office.
Anyone working in the Workshops is required to use the correct Personal Protective Equipment (“PPE”) when working in a situation that requires it.
Each Member must comply at all times with all health and safety instructions given by Building BloQs’ Staff and as posted by notice(s) in the Workshop.
Any hazards, breakdowns or breakages with any Machinery, facilities, or anything supplied by Building BloQs for the use of Members must be reported to Building BloQs Staff immediately. No unauthorised Person may attempt any repairs whatsoever.
Workshop users are expected to assume a duty of care to all other users,Staff and Visitors and to observe, maintain and uphold health and safety guidelines and immediately to report hazards and breaches of these guidelines to Building BloQs’ Staff.
Members are required to use the correct extraction equipment at all times. Members creating dust, chips,fumes or any other granular or particulate waste from any wood or wood composite materials whilst using any power tool or air powered tool must use extraction of an appropriatestandard of filtration.Extraction must have a HEPA filter in good working condition with a filtration efficiency of 99.97% at 0.6 microns (H Class). Members who fail to use extraction where appropriate may be asked to stop work at the discretion of the Workshop team. Building BloQs provides the use of a limited number of portable extraction units which are available for hire. If these units are not available and a Member has not provided their own unit, they will not be allowed to continue work until such time as suitable extraction is available.
For large deliveries or the unloading and loading of large articles, Members or any other Persons must use the Loading Bay.
Fire exits and fire lanes must be kept clear at all times.
Should a Member be producing sparks, using an open flame, or where there is any risk of fire, that work must be carried out in an environment suitable for such work, namely the metal working areas.
In the event of a fire or fire drill, Members must make their way to the nearest available exit and follow any instructions given by the Building BloQs’ Staff.
Smoking and the consumption of alcohol or controlled substances is forbidden in the Workshops. Members are strictly prohibited from operating any equipment, or conducting any work of any kind, whilst under the influence of alcohol or a controlled substance. Any Person in the Workshop under the influence of alcohol or controlled substance, or suspected of such, will be required to leave the premises.
With the exception of guide dogs, no pets are permitted in the Workshop other than by prior permission and arrangement.
12. Cleaning and Housekeeping:
Throughout the duration of each Booking, each Member is required to keep their Workbay(s) or specific Workstation clean and tidy.
Throughout the duration of each Booking, each Member is required to clean up any waste or hazard which they generate in the course of their work both in their own space and the common areas next to them into which the waste or hazard may have spread or spilled. Waste or hazards include but are not limited to: dust, sawdust, swarf, off cut, paint, textile scrap and leftover materials in general. Members must dispose of these in the correct recycling or waste disposal receptacles or areas provided for the purpose.
At the start of their Booking, a Member can expect their Workbay to be ready for them to start work unencumbered. At the end of their Booking a Member is responsible for leaving their Workbay in the same condition so it is ready for use by the next occupant. This includes the complete removal of any of the wastes or hazards mentioned above.
Each Member is responsible for keeping tidy any of the common areas and facilities such as Machine areas and shared Machines they are using.
Members may only leave materials, tools, work in progress, or any other personal possessions in Workbays or storage areas booked by them. Any materials, tools, work in progress or any other stuffs left in common areas, on trolleys provided for common use or on Machines or in or on any facility provided for common use will be subject to immediate disposal by Building BloQs’Staff without notice.
Shelf and container use is subject to availability and will be provided on a first come first served basis.
Payment for storage is by recurring card payment only and notice to cancel aBooking must be received 24 hours prior to the confirmed reservation date. If sufficient notice is not given,charges will continue.
At the end of aBooking,the Member must clean and clear any such container/shelf and make it available to the next user. If shelves or containers are not cleared on the final day of the Booking a further week’s or month’s charge will be taken by recurring card payment. Notification of this fact will be given by email.
Building BloQs will not be held responsible for any damage to or loss of belongings in storage areas.
All tins of flammable liquid and/or paint must be stored in the BloQs COSHH store. Any items subject to COSHH regulations and that are stored inappropriately in general storage will be removed without notice. Explosive, toxic or harmful materials are prohibited. No Person shall leave anything outside or in surrounding areas as any items found will be removed without notice.
A Member is responsible for leaving any storage facility they have occupied in a fit condition for the next user. If a Member leaves any items in said facility, Building BloQs reserves the right to deem storage as being used and so charge the user accordingly.
No alterations to any storage structures provided by Building BloQs, including but not limited to shelf or container, is permitted.
If a Member fails to maintain their recurring card payment and leaves storage unpaid, Building BloQs reserves the right, after making reasonable endeavours to contact the relevant Member, to remove any locks (where relevant) and dispose of storage contents.
Building BloQs reserves the right to deny access to any storage facilities that are unpaid for until such time as the debt has been paid.
Minimum Booking term: 7 days
Notice Period: Two working days before next payment is due i.e. at least two working days before the day on which the Booking is due to commence.
Access: Operational Hours of Building BloQs. Shared shelving areas are accessed using a shared key. The relevant key can be signed in and out from reception. Whilst a shared key is in the possession of a Member, that Member is held to be responsible for the security and content of the entire shared access container until such time as the key has been returned and signed in by a member of the Building BloQs’ Staff.
Health and Safety: Items must not be left in the walkways of the storage shelf area and must not overhang the storage shelves. Items shall be stored and stacked in a safe and stable manner. Any items found that do not comply with these health and safety rules will be removed without notice.
Minimum Booking term: 1 calendar month.
Notice Period: 14 days before next payment is due i.e. at least two working days before the day on which the Booking is due to commence.
Access: Access to the site is 24 hours with a key issued by the office after a £15.00 returnable deposit is provided. A Member is responsible for securing their container. Provision of a suitable lock is not the responsibility of Building BloQs.
Insurance: Each individual will be responsible for the security of their container. Insurance cover is not included in the fees charged and contents remain the responsibility of the owner. Building BloQs accepts no liability for loss or damage however arising.
14. Code of Conduct:
All Members, Visitors and Building BloQs’ Staff are expected to uphold equality, diversity and inclusion.
Building BloQs does not permit and will not tolerate any inappropriate conduct by any Person whilst in or on Building BloQs’ Workshop. Such conduct includes but is not limited to, using loud, abusive, offensive, insulting, or demeaning language, profanity, lewd conduct, violence, or any conduct that harasses or is otherwise bothersome to Members, Visitors and Building BloQs’ Staff.
Building BloQs is a shared access organisation and the benefits of its open workspace are only possible whilst members demonstrate a high level of respect for each other’s belongings and space. Therefore, the unauthorised use of or interference with the tools, materials, work or belongings of another Member is strictly prohibited. Removing another Member’s possession from their Workbay or workspace is regarded as theft and will be dealt with as such.
In Building BloQs’ reasonable opinion, should any Person(s) be suspected of breaching this Code of Conduct, the Person(s) may be asked to leave the premises or be subject to sanctions.
For the benefit of all Members and the Building BloQs Community at large there are a set of sanctions (“Sanctions”) that may be imposed on a Member:
- in the event of a breach of this Membership Agreement; or of the Code of Conduct; or of the occurrence of such conduct that has damaged or, in Building BloQs’ reasonable opinion, may damage the reputation of Building BloQs; or
- where it would otherwise be in the best interests of the Building BloQs Community at large to do so.
There are three stages of sanction. (1) Verbal Warnings, (2) Yellow Cards and (3) Red Cards. The type of sanction imposed is at the discretion of Building BloQs.
(i) Verbal Warming
A Verbal Warning will be given to a Memberwho needs to change their conduct or the way they’re using facilities at Building BloQs.
Types of behaviour needing to bechanged include, but are not limited to: minor offences, ignoring the rules, poor attitude, bad housekeeping.
(ii) Yellow Card
A Yellow Card issued to a Member is in effect a warning to that Member to improve their health and safety vigilance and/or their conduct. Yellow Cards are issued for less serious but important and/or repeated infractions. A Member may receive up to Two Yellow Cards. A Yellow Card will have effect for a period of Three Months, or such other time as determined by Building BloQs at the time of issue. A Yellow Card will be issued in writing.
Types of behaviour to be changed include but are not limited to: persistent minor offences, ignoring the rules, poor attitude, bad housekeeping, not using appropriate PPE.
If a Member is issued with a Third Yellow Card, they are automatically issued with a Red Card.
(iii) Red Card
A Red Card issued to a Member means immediate suspension of their Membership and all rights and privileges of Membership cease. A Red Card is issued to a Member in the event of a serious breach of this Membership Agreement or Code of Conduct or any civil or criminal offence.
On receipt of a Red Card, a Member will be asked to stop work with immediate effect and may be required temporarily and immediately to leave the Workshop and any premises of Building BloQs pending an investigation. Building BloQs then reserves the right to suspend the Membership of a Member issued with a Red Card for a specific period or terminate their Membership with immediate effect.
Types of behaviour warranting the issue of a Red Card include but are not limited to: threatening or violent behaviour, unauthorised use of Machinery, altering the integrity of a Machine, being under the influence of alcohol or controlled substances, working dangerously, acts which are hazardous to other Persons or property, acts of gross negligence, theft.
A Red and Yellow Card system operates in the Workshop. Members may be given a Red or Yellow Card depending on the gravity of breach. A record of any Red and Yellow Cards issued will be kept on a Member’s file for future reference.
A record will be kept of all warnings, Sanctions imposed, and decisions reached.
Members are reminded that these sanctions are to protect the Community and the individual. Any Person whose work or ability to work had been impinged upon; or whose membership privileges have been infringed by; or whose right to feel safe and respected whilst in the Workshop has been in any way detrimentally affected by the actions or conduct of any other member of the Community should feel able to approach any member of staff and can expect to have their complaint heard by a senior member of the Building BloQs Team.
16. Privacy and Other Building BloQs’ Policies:
A Member shall comply and shall ensure that any of its Visitors comply, at all times, with all of the Building BloQs’ Policies.
Policies are to be found on the Building BloQs’ Website at the following links:
Building BloQs will notify Members of any new policies or changes to existing policies from time to time by posting any such new or revised Policy in the Member’s area of the Building BloQs website.
17. Limitation of Liability/Third Party Rights:
Building BloQs shall have no liability to any Member(s) of whatever type in the event that any particular Safety Induction, Assessment, Training, Machine, Workbay or any other bookable service or facility are not available for whatever reason.
Building BloQs shall at all times be entitled,in its absolute discretion, and without notice, to make alterations to the timings, structure and content of any Booking and/or the availability of any Machine, or Workbay and/or the availability and nature of any ancillary facilities provided to a Member or Members.
Building BloQs shall not be liable for loss, whether direct or indirect and of whatever nature, occasioned by such lack of availability or alterations except insofar as such loss is by law incapable of exclusion.
Belongings owned by a Member (including but not limited to all tools, materials and work in progress) are brought onto the Workshop at the Member’s own risk.
Member’s belongings (including but not limited to all tools, materials and work in progress) may be stored in storage areas at the Member’s own risk.
Building BloQs shall not be liable to any Member for loss or damage to, or theft of, all or any of a Member’s belongings.
Building BloQs accepts no liability for any injury suffered by any member within the Workshop or outside the Workshop, except insofar as such loss, damage or injury is by law incapable of exclusion.
Building BloQs shall have no liability by way of indemnity or otherwise howsoever to any Member and that Member shall be solely responsible in circumstances where the Member makes an item or product in the Workshop which causes harm of whatever kind to a third party.
A Person who is not a Member has no rights under the Contracts (Rights of Third Parties) Act 1999 to rely upon or enforce any term of this Membership Agreement.
Subject as otherwise provided in this paragraph below, a Member may, at any time, terminate its Membership (and, accordingly, as between the relevant Member and Building BloQs, this Membership Agreement) with notice (given in accordance with this Membership Agreement) of not less than one week. In the event of such a termination, the relevant Member may be entitled to a refund of amounts paid in respect of the period after the date of termination in accordance with the provisions of Section 6(iv) above. Notwithstanding the above, if the Member is, at the relevant time, occupying a Workbay or using any equipment under the terms of a Licence and Use Agreement, the Member may not terminate its Membership and this Membership Agreement unless that Licence and Use Agreement is also validly terminated on or before the proposed date of termination of Membership.
Subject as otherwise provided in this paragraph below, Building BloQs may, at any time, terminate the Membership of a Member with notice (given in accordance with this Membership Agreement) of not less than one month. In the event of such a termination, the relevant Member may be entitled to a refund of amounts paid in respect of the period after the date of termination in accordance with the provisions of Section 6(iv) above. Notwithstanding the above, if the Member is, at the relevant time, occupying a Workbay or using any equipment under the terms of a Licence and Use Agreement, Building BloQs may not terminate the Membership/the Membership Agreement unless that Licence and Use Agreement is also validly terminated on or before the proposed date of termination of Membership.
Building BloQs mayimmediately expel from the Workshop (and terminate Membership and this Membership Agreement (as between it and the relevant Member)), suspend Membership for a specific period or refuse to renew the Membership of any Member: (i) whose conduct is or may, in Building BloQs’ reasonable opinion, be injurious to the character of Building BloQs; (ii) who breaches any of the provisions ofthis Membership Agreement (as amended from time to time); or (iii) where it would otherwise be in the best interests of the other Members of Building BloQs, in Building BloQs’ reasonable opinion (any of such matters being “Causes for Immediate Termination”).
Any Member who is expelled shall be deemed immediately to have ceased to be a Member and shall not be entitled to any refund in respect of bookingsfor which they have already made payment.
Termination of this Membership Agreement shall be without prejudice to any rights and obligations of the Member accrued and owed prior to the date of such termination.
Each Member represents and warrants to Building BloQsthat all information provided by them to Building BloQs from time to time is true complete and accurate at the date it is given to Building BloQs.
Each Business Memberrepresents and warrants to Building BloQsthat it will, at all times, be using the Services as a business, not an individual consumer.
Each Non-Business Memberrepresents and warrants to Building BloQsthat it will, at all times, be using the Services as a consumer, not a business.
Each Member is required to give notice to Building BloQs of any change of home address, email address and contact telephone number. Failing such notice, all communications will be assumed to have been received by the Member within five days of mailing to the last address notified to Building BloQs.
Each Member is required to give immediate notice in writing (which will include e-mail) to Building BloQs of any change of card details if that card is subject to a recurring card payment agreement.
Any notice or other communication given under this Membership Agreement shall be in writing and shall be delivered by hand, or sent by pre-paid first-class post or other next working day delivery service to the relevant party as follows:
- Notice to Building BloQs:
- if by hand, post or other next day delivery service: 4 Anthony Way, London, N18 3QT and marked for the attention of Al Parra or Arnaud Nichols; and
- if by e-mail: email@example.com, firstname.lastname@example.org and email@example.com; and
- Notice to the Member: the relevant name and address (or e-mail address, as relevant) last notified by the Member to Building BloQs,
or as otherwise specified by the relevant party by notice in writing to the other party.
Any notice or other communication given in accordance with this section above will be deemed to have been received:
- if delivered by hand, on signature of a delivery receipt or at the time the notice or other communication is left at the proper address;
- if sent by e-mail, at the time of transmission; or
- if sent by pre-paid first-class post or other next working day delivery service, at 9.00 am on the second working day after posting.
This clause does not apply to the service of any proceedings or other documents in any legal action or, where applicable, any arbitration or other method of dispute resolution.
21. Governing Law:
This Membership Agreement and any dispute or claim arising out of or in connection with them or theirsubject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales.
The parties shall attempt in good faith to negotiate a settlement of any dispute between them arising out of or in connection with this Membership Agreement within 20 Working Days of either party notifying the other of the dispute. Such efforts shall involve the escalation of the dispute to the Head of Department (or equivalent) of each party.
Nothing in this dispute resolution procedure shall prevent the parties from seeking from any court of the competent jurisdiction an interim order restraining the other party from doing any act or compelling the other party to do any act.
If the dispute cannot be resolved by the parties pursuant to the provisions above, the dispute shall be referred to mediation pursuant to the procedure set out in in this section below unless (a) Building BloQs considers that the dispute is not suitable for resolution by mediation; or (b) the Member or other party as applicable does not agree to mediation.
The procedure for mediation and consequential provisions relating to mediation are as follows;
- neutral adviser or mediator (the “Mediator”) shall be chosen by agreement between the parties or, if they are unable to agree upon a Mediator within 10 Working Days after a request by one party to the other or if the Mediator agreed upon is unable or unwilling to act, either party shall within 10 Working Days from the date of the proposal to appoint a Mediator or within 10 Working Days of notice to either party that he is unable or unwilling to act, apply to the Centre for Effective Dispute Resolution (“CEDR”) or its successor body to appoint a Mediator.
- The parties shall within 10 Working Days of the appointment of the Mediator meet with him in order to agree a programme for the exchange of all relevant information and the structure to be adopted for negotiations to be held. If considered appropriate, the parties may at any stage seek assistance from CEDR to provide guidance on a suitable procedure.
- Unless otherwise agreed, all negotiations connected with the dispute and any settlement agreement relating to it shall be conducted in confidence and without prejudice to the rights of the parties in any future proceedings.
- If the parties reach agreement on the resolution of the dispute, the agreement shall be reduced to writing and shall be binding on the parties once it is signed by their duly authorised representatives.
- Failing agreement, either of the parties may invite the Mediator to provide a non-binding but informative opinion in writing. Such an opinion shall be provided on a without prejudice basis and shall not be used in evidence in any proceedings relating to the Membership Agreement without the prior written consent of both parties.
- If the parties fail to reach agreement in the structured negotiations within 60 Working Days of the Mediator being appointed, or such longer period as may be agreed by the parties, then any dispute or difference between them may be referred to arbitration pursuant to section 23.
- In the event that any dispute is not resolved through mediation, that dispute shall be referred to and finally resolved by arbitration under the Rules of the London Court of Arbitration, which Rules are deemed to be incorporated by reference into this Clause.
- The number of arbitrators shall be one.
- The seat, or legal place, of arbitration shall be London.
- The language to be used in the arbitral proceedings shall be English.
- Unless the parties expressly agree in writing to the contrary, the parties undertake to keep confidential all awards in an arbitration commenced pursuant to this section 23, together with all materials in such proceedings created for the purpose of the arbitration and all other documents produced by any party in the proceedings (including any documents produced in accordance with any order for disclosure of documents whether made by the tribunal or by a court) not otherwise in the public domain, save and to the extent that disclosure may be required of a party by law or in order to protect or pursue a legal right or to enforce or challenge an award in bona fide legal proceedings before a state court or other judicial authority.
- Subject to section (v) above and to any subsequent agreement of the parties to the contrary (and without limiting any rights the parties would otherwise have to apply to the courts of the seat of arbitration, or other appropriate courts, for measures in support of the arbitration), in the event that either party shall breach the terms of the agreement to arbitrate set out in this Clause by the initiation and/or prosecution of proceedings before a court, the defaulting party shall indemnify and pay to the non-defaulting party damages in respect of loss suffered by that party in connection with such breach.
- For the avoidance of doubt, such damages shall include (but not be limited to) all costs and expenses incurred by the non-defaulting party in connection with any challenge to such proceedings and/or any application for a stay of such proceedings and/or any application for an anti-suit injunction (or similar remedy) to restrain the defaulting party from issuing or pursuing court proceedings in breach of the parties’ arbitration agreement. The defaulting party shall pay such costs and expenses within ten 10 Business Days of demand by the non-defaulting party.
- Where permitted (and at the non-defaulting party’s election) an application for recovery of the costs and expenses mentioned above may be made in the relevant court proceedings. Alternatively, the non-defaulting party shall be entitled to pursue a claim for the whole or any part of such costs or expenses by way of arbitration pursuant to the provisions of this Membership Agreement.
- In the event that arbitration proceedings shall already have been issued at the date on which the claim to costs and expenses (or other loss) arises, the non-defaulting party shall be entitled to amend (and the defaulting party shall be hereby deemed to consent to such amendment) its pleadings in those proceedings to include a claim for the unrecovered amount of such costs and expenses and/or all other loss that it may have suffered as a result of the defaulting party’s breach.
- For the avoidance of doubt, it is agreed that any arbitral tribunal appointed pursuant to the provisions of the arbitration agreement set out in this Clause shall have jurisdiction to deal with a claim for damages for breach of its terms including a claim to costs or expenses (or other loss) incurred in connection with court proceedings as referred to above.