5. Subletting: Member is not permitted to sublet their membership access to the Property, or to grant access to the Property to any third-party. If the member would like to share their membership with a friend or family member, member must obtain Owner's prior approval and the friend or family member will need to fill out a separate membership agreement with Owner.
(A) Purpose: Member agrees to use premises only for music classes and music practice with the explicit understanding that that use does not include residential occupancy. Owner is not responsible for Member or Member's guests, students, materials or other items while Member is in the Property. Member is responsible for letting clients and guests in and escorting them off the premises while Member is using the Property. Member agrees to cultivate a positive and productive experience at The Music Room and Spoke the Hub by demonstrating kindness, patience, and respect to all humans (and animals!) on these premises.
(B) Storage: Member also agrees not to store any instruments or large equipment at the Property without Owner's prior consent. For the avoidance of doubt, Owner is not responsible for any lost or stolen property that is stored by Member at the Property.
(C) Use of Property: Member will not smoke, use fire, or use any device that might pose a fire hazard inside or around the Property under any circumstances. Member shall not keep or have on the premises any article or thing of a dangerous, flammable, or explosive character that might substantially increase the danger of fire in or around the Property. Member will not consume drugs, alcohol or any other controlled substance in the Property. Member agrees to remove trash and to properly recycle materials at the end of Member's use of the Property, including cleaning and drying dishes. Member agrees to return the Property to the condition in which it was found (or to improve it!) upon departure. Member agrees not to remove any teaching materials that belong to the Property (books, instruments, metronome, etc Member agrees to use reasonable care to prevent damage to the Property, and will immediately notify Owner of any damage or issue in the Property.
(D) Sound: Member hereby acknowledges that, while the Property is acoustically treated, it is not soundproof. Member agrees not to practice with any performance level amplification that would hinder other members' practice or might disturb neighbors (i.e. shredding it with an amp on full volume. don't get us wrong, we love rock music, this is just not that kind of space In addition, Member hereby represents and warrants that Member has read the New York City Noise Code (Section 24-202 of the Administrative Code of the City of New York) and agrees not to commit any violation of such code while using the Property.
7. Indemnification: Member hereby indemnifies and holds Owner harmless from any and all claims, liabilities, damages, costs, expenses (including attorneys' fees and costs), actions and causes of action, including without, limitation, for personal injuries, death or property damage, arising out of or related to any breach by Member of the foregoing warranties and representations and/or Member's use of the Property and/or resulting directly from any act of negligence on Member's part in connection with Member's work hereunder.
8. Miscellaneous: Member's and Owner's relationship ris-à-vis each other is that of independent contractors and neither party is the employee of the other. This agreement does not constitute or acknowledge any partnership or joint venture between the parties hereto. This Agreement contains the entire understanding of the parties hereto relating to the subject matter hereof and cannot be changed or terminated, except by an instrument signed by both parties. No waiver of any provision of this Agreement or of any default hereunder shall affect the waiving party's right thereafter to enforce such provision or to exercise any right or remedy to enforce such provision or to exercise any right or remedy in the event of any other default, whether or not similar. If any provision of this Agreement shall be held void, voidable, invalid or inoperative, no other provisions of this Agreement shall be affected as a result thereof, and, accordingly, the remaining provisions of this Agreement shall remain in full force and effect as though such void, voidable, invalid or inoperative provisions had not been contained herein. This agreement has been entered into in the State of New York, and the validity, interpretation and legal effect of this agreement shall be governed by the laws of the State of New York applicable to contracts entered in and performed entirely within such state. The New York courts, only, will have jurisdiction of any controversies regarding this agreement; and, any action or other proceeding which involves such a controversy will be brought in the courts located within such state. This agreement may be executed by the parties hereto in counterparts, and the parties hereto shall be entitled to rely upon the facsimile or electronic signature on behalf of the other party hereto as conclusive evidence of such party's agreement to be bound by the terms hereof.
By signing this Agreement, I indicate my acceptance of the above terms and I agree that I am at least 18 years old and have read the entirety of this document.