Urban Potters Oval Terms & Conditions v3
Introduction:
Urban Potters Ltd (UP) is a private limited company registered in England and Wales, (Company number 13597974) and our registered office is at Unit E, 4 Scena Way, London, England, SE5 0BH. These terms and conditions relate only to membership of the UP Oval studio (UP Oval) which is based at 31 Palfrey Place, London, SW8 1PE and shall be referred to as the UP Oval Terms and Conditions.
Please ensure that you have read and understood these terms and conditions prior to starting your membership at UP Oval. We may, at our discretion, review the UP Oval Terms and Conditions at any point. In the event of any changes to the UP Oval Terms and Conditions, members will be notified via email with no less than 7 days notice prior to the new terms and conditions taking effect (changes to membership fees will be notified in accordance with 2.3).
Payment:
Membership will commence once the payment has been accepted by UP and we have registered you on our system, we will notify you by email to confirm that registration is complete and your membership of UP Oval has commenced.
Payment will be taken via Stripe recurring payments monthly, and the member agrees to UP taking payment without prior notice.
Membership fees may be increased at UP’s discretion. Members shall be given one month’s prior written notice by way of an email. The fee change will apply from the next renewal (whether that be the next month for monthly members, or at the next 3 month renewal date for 3 monthly members)
Any Member who does not wish to accept a change proposed by UP to any Membership fees may cancel their Membership by giving notice in writing. The Member giving notice must continue to pay their Membership fees at the current rate until the end of such notice period.
Memberships are non-transferable and cannot be shared.
Rolling contract and membership fees:
There are two tiers of membership available at UP Oval:
12 hours per week: £225 per month ( or £630 every 3 months if you pay 3 months in advance)
One storage shelf (h:30cm x w:90cm x d:45cm)
18 hours per week: £265 per month (or £735 every 3 months if you pay 3 months in advance)
Two storage shelves (h: 30cm x w 90cmx d45cm)
The new member must confirm which tier of membership they wish to have by completing the confirmation form at the end of these terms and conditions.
By submitting the confirmation form you agree that your membership of UP Oval will be a rolling contract (two months minimum) in place for whichever tier is chosen.
The fee includes use of equipment, tools, personal storage space, and access to our materials store. Members are also invited to sell their work at UP Oval’s bi-annual open studios.
Members wishing to cancel their membership must give a mimum of 1 month’s written notice (to UP email) ending on their next renewal due date.
There is also a £200 refundable deposit to be paid prior to joining. We may deduct money from the deposit in the following events: damaged kiln shelves or elements, damage to wheels or other equipment, lack of monthly payment, failure to pay materials or kiln firings. If damages exceed the deposit, the difference must be transferred within 14 days, failure to transfer within this time limit shall be deemed to be a serious breach of the UP Oval Terms and Conditions and shall result in immediate termination of your membership.
Opening hours
Opening hours can be found on the website.
UP Oval will close on certain days including Christmas and New Year, some bank holidays, maintenance days and occasional events. Notice will be given two week’s in advance via email.
We reserve the right to vary the opening times of UP Oval and will provide a minimum of 48 hours notice of any such changes.
Holiday & time in lieu
No holidays or time in lieu are available.
Help & induction
UP Oval is a work studio for potters able to work independently without tuition.
However, regardless of individual experience, a full induction by a technician shall be given to each member prior to the start of their production. This induction will cover health & safety regulations.
The UP Oval studio will not always have members of staff so members must be happy to work independently.
Clay and materials
Clay and other raw materials can be purchased directly from UP Oval, and must then be stored in your personal storage shelves. Each member shall be responsible for their own reclaim which can be stored in the communal reclaim area for a maximum of 48 hours.
If buying materials from different suppliers, members can have it delivered directly to UP Oval but each member is responsible for receiving their own packages and disposing of packing materials.
Kiln Firing Allowance
Members must log the volume details for each piece that you fire. Volume = length x width x height
Kiln firing allowance for members on a 12 hour membership is 60 litres. If you go above this a charge of 40p per litre will be applied to your account and invoiced monthly.
Kiln firing allowance for members on a 18 hour membership is 100 litres. If you go above this a charge of 40p per litre will be applied to your account and invoiced monthly.
Sharing the UP Oval studio
Each member will receive a personal storage space in accordance with their membership level as set out clause 3.1
Members are expected to keep their tools and work in their designated storage shelf.
Members are expected to keep the space clean and tidy up as you go along.
“Work in progress” shelves in the main studio are shared by all members. Please be mindful of this and use no more than two 72cmx40cm shelves at any given time (12 hour membership). Or four 72cmx40cm shelves (18 hour membership).
Guest visits should be kept to a maximum of 20 minutes and guests cannot use equipment.
The outside area is shared with other tenants, so it is not to be used for working, but it is accessible for leisure.
Teaching
Only members are allowed to use the UP Oval studio. Members are not allowed to use the UP Oval studio for private classes.
Fire procedure
In the event of a fire, each member is responsible for their own evacuation.
Ensure you activate the fire alarm, leave the building immediately, go to the assembly point and call 999.
General health and safety
It is of utmost importance that members are aware of the health and safety risks involved in a pottery, and that they work in accordance with these rules to minimise any risks. Some of the hazards involved include but are not limited to; toxic materials, high temperatures, sharp tools, inhalation of silica dust, heavy objects.
The main risk in a pottery studio is silica dust. The dust can be either from dry clay, or from dry glaze powders. To minimise this risk and for the safety of yourself and of others in the UP Oval studio, members MUST:
ensure that they keep all surfaces clean of clay and glaze;
keep communal spaces such as the wedging bench and the sinks, clean and tidy at all times. These are high use, shared resources which members should endeavour to leave in the condition they would like to find them.
after each session they must clean the floor around their workstation to prevent any dust settling;
allow 20 minutes at the end of each session to ensure that you are leaving the workspace you have used clean.
Food and drink is only permitted in the UP Oval studio at the designated break-out area.
Members must at all times observe the Health & Safety guidelines above which may be notified to them from time to time and are requested to comply with any reasonable directions which the management of the UP Oval studio may issue to ensure the smooth operation of the UP Oval studio for the convenience of all Members.
Notice period/ termination
When terminating a membership you must provide a minimum of one month’s written notice prior to your next fee payment date.
UP reserves the right to expel, suspend or refuse to renew the Membership of any Member of UP Oval:
whose conduct is or may, in UP’s reasonable opinion, be injurious to the character of the UP Oval studio; or
who breaches any of these Terms and Conditions (as amended from time to time); or
where, in the absolute discretion of the UP, it would otherwise be in the best interests of the other Members of the UP Oval studio.
Any Member who is expelled by reason of breaching these Terms and Conditions shall immediately cease to be a Member of the UP Oval studio and shall not be entitled to any refund in respect of periods in relation to which he has already made payment. Any Member whose Membership is suspended shall not be entitled to any refund in respect of the suspension period.
UP may terminate the Membership of any Member in the event that such Member fails to make payment of any sum due to the UP Oval studio within 14 days of the date such sum is due. In the event of termination by reason of non-payment, the balance of fees due for the remaining term of the Membership shall become immediately due and payable.
Members who have been terminated shall have 48 hours from the date of termination to retrieve their belongings.
LIMITATION OF LIABILITY
Nothing in these Terms and Conditions shall limit or exclude UP’s liability for:
death or personal injury caused by its negligence, or the negligence of its employees, agents or subcontractors; fraud or fraudulent misrepresentation;
breach of the terms implied by section 2 of the Supply of Goods and Services Act 1982 (title and quiet possession);
breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession); or defective products under the Consumer Protection Act 1987.
Subject to condition 8.1:
UP shall under no circumstances whatsoever be liable to any Member, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, or any indirect or consequential loss arising under or in connection with his Membership and/or these Terms and Conditions; and
UP’s total liability to the Member in respect of all other losses arising under or in connection with his Membership and/or these Terms and Conditions and, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed the amount of any fees paid by the Member. The terms implied by sections 13 to 15 of the Sale of Goods Act 1979 and the terms implied by sections 3 to 5 of the Supply of Goods and Services Act 1982 are, to the fullest extent permitted by law, excluded from these Terms and Conditions.
General
These terms and conditions are governed by English Law.
To the best of your knowledge and belief you are in good health and not knowingly incapable of engaging in either active or passive exercise and that such exercise would not be detrimental to your health, safety, comfort, wellbeing or physical condition. Further, that you will advise us immediately should your circumstances change.
Each Member represents and warrants to UP that all information provided by him is true complete and accurate at the date it is given to UP. Each Member is required to give notice to UP of any change of home address or email address. 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 UP.
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 these Terms and Conditions.
UP may communicate with the Member by electronic mail (“email”). By providing an email address to UP the Member consents to receiving email communications from UP, including notices pursuant to the Terms and Conditions. The Member also accepts the risk that email may not be a secure and confidential means of communication. UP will not be liable for any loss or damage suffered as a result of communicating with a Member by email.
Any marketing, educational or other materials of this nature whatsoever produced by UP in connection with the UP Oval studio and which are made available to Members at the UP Oval studio shall at all times remain the property of UP and will be subject to UP’s copyright.
Personal belongings are brought onto the UP Oval studio premises at the Member’s own risk and UP does not accept liability for any loss or damage whatsoever to such items.