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Communal Studio Agreement

Ohana Ceramics LLC

Overview
By signing up for a workshop, class or membership you are agreeing to the following terms:
If you are under the age of 18, your legal guardian is agreeing to the following terms on your behalf:

General Provisions

This Agreement shall be governed by and construed in accordance with the laws of the State of Montana. Any legal proceedings arising out of this Agreement shall be venued in the Yellowstone County District Court. If any provision of this Agreement is found to be invalid or unenforceable by a court of law, the remaining provisions shall remain in full force and effect. This document constitutes the entire agreement between the Studio and the Participant. No oral promises or side agreements have been made. The Studio reserves the right to update these terms at any time. Continued use of the Studio following such changes constitutes acceptance of the new terms.

Identification of Premises and Parties
“The Studio” refers to the interior of 1474 S 30th St. W, Unit 6 Billings, MT 59102
“Participant” refers to any member, student, or guest that enters the studio.

 

Access and Facility Use
Access to the Studio is granted solely to active Members, registered Students, and authorized Guests.
Access codes are unique to the individual member or class and are strictly non-transferable. The sharing of access codes with any third party, including other Members or Students, is a material breach of this Agreement and may result in immediate termination of access without refund. Each Participant must use their own credentials to log entry. Users are prohibited from allowing unidentified individuals to enter the building ("tailgating"). Authorized Members are granted access 24/7, subject to temporary closures for maintenance or deep cleaning. The Studio reserves the right to close the facility for emergencies, power outages, or scheduled maintenance. No credits or pro-rated refunds will be issued for such interruptions. Failure to secure the building may result in the Participant being held liable for any subsequent theft or damage resulting from their negligence. The Participant acknowledges and consents to the use of video surveillance in communal and common areas of the Studio for security and liability purposes. Footage may be used to verify policy compliance or as evidence in the event of theft or damage. Users may not bring guests into the Studio without a designated guest pass. Any minor (under the age of 18) permitted on the premises must be under the constant and direct supervision of a parent or legal guardian. Certain areas, such as the kiln space, mezzanine and glaze lab, are strictly off-limits to all participants. These areas will be marked off with signage. Members and students are limited to their assigned shelf space. Any items left in common areas or other shelves may be moved, recycled, or discarded. The Studio is a shared facility and is not responsible for the loss, theft, or damage of personal tools, clay, or unfinished work left on the premises.

 

Prohibited Activities and Conduct
All Participants are expected to conduct themselves in a professional, respectful, and safe manner. The Studio maintains a zero-tolerance policy for: Harassment: Any form of verbal, physical, or visual harassment, including conduct that is demeaning, offensive, or hostile based on race, religion, gender, sexual orientation, disability, or any other protected characteristic. Disruptive Behavior: Excessive noise, aggressive language, or actions that interfere with the instruction of ongoing classes or the peaceful use of the space by other artists. Theft or Misappropriation: Unauthorized use, removal, or tampering with the personal tools, materials, or unfinished artwork of other Participants. To ensure a safe and healthy environment for all users, the following are strictly prohibited on the premises and within 20 feet of all entrances: Smoking and Vaping: The use of tobacco products or electronic cigarettes is strictly prohibited indoors. Alcohol and Drugs: The consumption or possession of alcohol or illegal drugs is prohibited. No Participant may enter the Studio or operate equipment (specifically pottery wheels or machinery) while under the influence of any substance that impairs motor skills or judgment. The Studio is a communal workspace and not a platform for external business operations unless otherwise agreed upon in writing. Participants are strictly prohibited from conducting private lessons, workshops, or any form of regular individual instruction within the Building. Accidental Damage: While accidents are understood to occur, Participants must immediately report any damage caused to another person's work or Studio equipment to Staff and/or leave a written note.
 
Liability & Assumption of Risk
The Participant acknowledges that the use of the Studio, its equipment, and participation in ceramic arts involves significant inherent risks. These risks include, but are not limited to: Exposure to airborne silica dust and hazardous chemicals/glazes; Risk of burns from kilns or heated materials; Cuts, abrasions, or physical injury from sharp tools and heavy machinery (e.g., slab rollers, extruders, and potter’s wheels);Risks associated with shared workspaces and the actions of other participants.
By entering the Premises and/or participating in any activity, the Participant voluntarily assumes all known and unknown risks of injury, illness, or death. The Participant agrees that they are responsible for their own safety and for making informed decisions regarding their physical capacity to use the Studio.
To the maximum extent permitted by law, the Participant hereby releases, waives, and forever discharges the Studio, its owners, employees, contractors, and agents from any and all liability, claims, or causes of action arising out of or related to: Any personal injury, illness, or death occurring on the Premises; Any loss, theft, or damage to personal property or artistic work, regardless of how such loss occurs; Failures, breakage, or unpredictable outcomes of the firing process (kiln mishaps).
The Participant agrees to indemnify, defend, and hold harmless the Studio and its representatives from and against any and all claims, damages, costs, and expenses (including, without limitation, reasonable attorney’s fees and court costs) arising out of or resulting from the Participant’s (or their guests’) acts, omissions, or negligence while on the Premises. If the Participant’s actions lead to a legal claim against the Studio, the Participant shall bear the full financial burden of the Studio’s legal defense.
The Participant accepts financial responsibility for any damage to the Building, equipment, or kiln furniture caused by the Participant’s negligence or failure to follow Studio policies (e.g., using unapproved clay or untested glazes).
In the event of a medical emergency, the Participant authorizes the Studio to seek emergency medical treatment at the Participant’s sole expense. The Studio is not responsible for the quality or outcome of such emergency medical care.


Subscriptions, Billing, and Financial Terms
Membership Subscription Terms. *Term Length: Unless otherwise specified in a separate promotional agreement, memberships are established on a month-to-month basis.
Automatic Renewal: Membership subscriptions automatically renew on the same calendar day of each successive month (the "Billing Date"). For example, a membership initiated on the 7th of the month will renew and be billed on the 7th of every following month.
Continuous Commitment: Memberships remain active and billable regardless of the Participant’s actual frequency of Studio use. No credits or "make-up" days are provided for unused time.
Participants must maintain a valid credit card or approved payment method on file. By enrolling, the Participant authorizes the Studio to automatically charge the recurring monthly dues.
Dues are considered paid only when successfully processed and received by the Studio's billing system.
If dues remain unpaid ten (10) days after the Billing Date, an additional flat administrative fee of $30.00 will be assessed. Any account in arrears for more than ten (10) days will result in the immediate suspension of Studio access credentials until the balance is paid in full.

Cancellation Policy.
Participants may cancel their subscription at any time via the member portal on www.ohanaceramics.com.
No Retroactive Cancellations; The Studio does not provide refunds for past months based on a Participant's claim of non-use. All cancellations must be proactive
In the event that a refund is granted at the sole discretion of the Studio (e.g., for an accidental overpayment), a 3% administrative processing fee will be deducted from the total refund amount.

Classes and Workshops: Registration fees for one-time events  are non-refundable. Participants may transfer their spot to another individual with 48 hours' notice, subject to Studio approval. Refunds may be given to multi-week classes, given a 7-day written notice. The Studio reserves the right to adjust membership dues or fee schedules. Participants will be provided with at least thirty (30) days' written notice of any price changes via the email address on file.

Materials, Equipment, Kiln Operation and Production Pottery
To protect the integrity of the Studio’s kilns, strict adherence to material standards is required:
Approved Clay Bodies: Only mid-range (Cone 6) clay bodies are permitted for use in the Studio. The use of low-fire (Cone 06), high-fire (Cone 10), or any unverified clay bodies is strictly prohibited. All outside clays must be approved by staff before use in the studio The Studio reserves the right to request proof of purchase or manufacturer labeling for any clay brought into the facility. The use of plaster, combustible inclusions, or any volatile hazardous substances is strictly prohibited unless authorized in writing by Staff. Kilns may only be programmed, loaded, and unloaded by authorized Studio Staff. Participants are strictly prohibited from touching, opening, or tampering with kilns at any time. Do not cross the chained section of the kiln space. The Studio determines firing schedules based on volume and kiln readiness. The Studio makes no guarantee regarding firing turnaround times. The Studio reserves the right to refuse to fire any piece deemed a risk to the kiln or other work (e.g., excessively thick walls, improper glaze application, or inclusions).
Firing Limits - The studio is not able to support production potters. In an effort to not limit by number of pieces or volume, the maximum number of pots one is allowed to fire is dependent on the studios kiln volume, work load, and readiness. The studio reserves the right to limit the number of pieces fired to share equally amongst members and students. In the event of catastrophic damage to the kiln (e.g., a complete  explosion or melt-down caused by prohibited materials), the Participant may be held liable for the full cost of repair or replacement of the kiln heating elements and/or bricks. Due to the unpredictable nature of ceramics, the studio is not liable for the outcome of the participants' artwork including but not limited to, cracks, melting and breaks.
All Studio-owned tools must be cleaned of all clay and glaze residue and returned to their designated storage location immediately after use.

 

Health and Silica Dust Control
To mitigate the risks of airborne silica, the Studio maintains a "Wet-Clean Only" policy: Dry sweeping, sanding, or scraping of dry clay is strictly prohibited inside the Studio. All cleaning must be performed using wet sponges, mops, or damp rags. Any necessary sanding of bone-dry or bisque ware must be performed outdoors. Participants must wipe down their wheel, splash pan, stool, and surrounding floor area at the conclusion of every session.

 

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1474 S 30th St W, Building 6

Billings, MT 59102

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