TERMS AND CONDITIONS
The Colony, LLC (the “Colony”) and Artist hereby agree to the following terms:
1. Definitions. The following terms will have the stated meanings for purposes of this Agreement:
2. Use of The Colony studio(s).
- a. Artist. The member who is granted a limited and revocable license to use Communal Spaces in The Colony (as defined herein) in accordance with this Agreement.
- b. Code of Conduct. The Colony (as defined herein) Code of Conduct (the “Code of Conduct”) and any other rules or policies established by Colony. The current Code of Conduct is attached as Addendum A to this Agreement and can be found HERE. The Colony reserves the right to revise the Code of Conduct and to establish such other rules and policies in its sole discretion. The Colony will provide members with written notice of any revisions to the Code of Conduct or new rules or policies.
- c. Colony. The “Colony” means the leased premises known as Suite #100 within the real property located at 2 S. Wahsatch Avenue, Colorado Springs, Colorado, 80903 (the “Building”), operated by The Colony.
- d. Communal Spaces. “Communal Spaces” means the spaces in The Colony defined by Colony for use by communal studio members under the terms of this Agreement. In the singular, the term means the space indicated above that Artist is entitled to access and use under this Agreement.
- e. Common Areas. “Common Areas” means the spaces in The Colony or the Building designated by Colony that may be used and accessed by all members, unless otherwise reserved by another member, community group, or other such user.
- f. Release and Waiver of Liability. “Release and Waiver of Liability” means the Artist’s waiver of liability regarding the existence of hazardous materials in, on, or about The Colony attached as Addendum B to this Agreement.
- a. Revocable License; Discretionary Revocation. The Colony hereby grants to Artist a limited and revocable license to use Communal Spaces in The Colony for the Permitted Use. The Colony, in its sole discretion, shall have the right to immediately terminate this Agreement and revoke Artist’s license to use The Colony and Communal Spaces due to nonpayment of Membership Dues, Artist’s sharing of key cards and or codes with other members or non-members, Artist’s other breach of this Agreement, or if Artist uses The Colony, Communal Spaces, or Common Areas for a purpose other than the Permitted Use.
- b. Permitted Use. Artist IS authorized to use the Communal Spaces for Artist’s work space for and for no other purpose. Artists may not use The Colony or Communal Spaces in any manner that would render The Colony’s insurance policies void or which may result in increased insurance premiums for The Colony. Artists’ use of The Colony and Common Areas is subject to the terms and conditions of The Colony's Lease Agreement with the owner of the Building. Artists: (i) may use the Common Areas of the Building only, (ii) shall not access any other parts or portions of the Building, and (iii) comply with the Code of Conduct, all applicable federal, state, and local laws, regulations, and ordinances with respect to use of The Colony, Communal Spaces, and Common Areas.
- c. Hazardous Substances or Activities. Artist shall not introduce or use any hazardous substances or engage in any hazardous activities in The Communal Spaces that may cause a potential hazard to human health or the environment (other than those accepted hazardous substances or activities that are used or performed in the ordinary course of artwork, or as otherwise permitted in, on, or about The Colony) without first requesting written permission, in writing, from The Colony. Such permission shall be subject to the Lease Agreement and granted by The Colony at its sole discretion.
- d. Non-Exclusivity. Artist agrees and understands that the Communal Spaces are for use with other members. Artist may not designate or claim any portion of the Communal Spaces for their exclusive use or store any personal property in the Communal Spaces.
- e. Building Access. Artist will be issued a key card, and/or numeric code, that will allow 24-hour access to The Colony and Common Areas of the Building. The sharing of keys, key cards and/or codes by Artist with others, regardless of whether they are The Colony members, is strictly prohibited.
- f. Key or Key Card Replacement. Artist will be charged for the cost of replacing any lost keys or key cards granting access to the Building, including all reasonable costs incurred by The Colony as a direct result of Artist’s loss.
- g. Parking. Artist may use the following parking options when available: (i) paid street parking in front of the Building on a first-come-first-served basis, (ii) paid public parking lot on the same block as the Building with a monthly rate, and (iii) the small parking lot located immediately South of the Building at no additional charge on a first-come-first-served basis between the hours of 6pm-6am Monday-Friday, and beginning at 6pm on Friday through 6am on Monday.
4. Benefits of Membership. In addition to use of The Colony indicated above, Artist’s benefits of Membership include the following:
- a. Membership Term. The Membership Term is month-to-month, and will begin on the Starting Date (listed above) and end thirty (30) days thereafter. Membership Dues (listed above) will be prorated based on the actual Starting Date for the first month of the Membership Term.
- b. Membership Dues. Artist will pay Membership Dues in the amount listed above in advance to The Colony on or before the first day of every month via credit card through the Colony’s electronic membership portal. Checks or cash will not be accepted under any circumstances. If The Colony does not receive Member Dues by the 1st of the month, Artist’s Membership will be systematically revoked. A Membership that is revoked under these circumstances may be reinstated without penalty upon full payment of the Membership Dues, but the Membership will not be prorated based on the day that payment is received by The Colony.
- c. Termination of Membership Term. Either party may terminate this Agreement by providing the other party with thirty (30) days written notice (unless Artist’s membership is otherwise immediately revoked by The Colony without advance notice as set forth in this Agreement). Artist’s access to The Colony will be revoked at 11:59 p.m. on the date of termination of Artist’s Membership (“Termination Date”). On or before the Termination Date, Artist agrees to:
- i. Remove All Personal Property. Completely remove all personal property from The Colony, Communal Spaces, and Common Areas. If Artist’s personal property is not timely removed and Artist makes no arrangements to retrieve their personal property within thirty (30) days of the Termination Date, Artist agrees and understands that their personal property will be considered abandoned under Colorado law, and will be removed, sold, or otherwise disposed of by The Colony at its sole discretion and in accordance with Colorado law; and
- ii. Return Keys. Return to The Colony all keys and/or key cards issued to Artist. If Artist does not return all keys and/or key cards within 24 hours of access being revoked, The Colony may change the locks and/or deactivate the key cards and charge reasonable costs to Artist.
- a. Wifi Internet Service. Artist will be provided with secured wifi internet service at no cost.
- b. Utilities. All utilities, garbage and recycling service will be provided by The Colony at no additional cost.
- c. Events. Invitation to participate in certain exhibitions and events organized or hosted by The Colony, including but not limited to, First Friday.
- d. Optional Locker Reservation. Artist may reserve a locker for their exclusive use for an additional monthly fee.
The Colony reserves the right to suspend any or all of Artist’s Membership Benefits if Artist’s Membership Dues are in arrears for ten (10) days or more.
5. Event Commissions.
6. Images of Artist and Artwork.
- If Artist participates in any events organized by The Colony, including but not limited to, First Friday, and any of Artist’s artwork is sold during any such event, Artist will receive 70% of retail price (set by Artist) and The Colony will retain a 30% commission. All sales tax will be conducted through The Colony, who will collect the purchase price and required Sales Tax. Payment from any such sales will be made to Artist no later than thirty (30) days after the date of sale of Artist’s artwork. The costs of all additional materials needed for sale, packaging, or shipping of Artist’s artwork, as well as arranging delivery, and the actual delivery of, Artist’s artwork to the purchaser, shall be Artist’s sole responsibility.
- By signing up for a Day Pass or Membership, Artist hereby expressly grants to The Colony the right to photograph and use photographic images of Artist while on the premises of The Colony, and Artist’s artwork for The Colony’s public relations, marketing, and archival purposes.