TERMS AND CONDITIONS FOR GHOST ROCKET MAKERSPACE
SECTION 1 - INTRODUCTION
1.1 The Makerspace Agreement. These Terms and Conditions together with any other documents and agreements you may receive from GRM related to your use of the Makerspace, as may be amended from time to time, constitute the "Makerspace Agreement" between yourself and Ghost Rocket Mission Control, Inc., a corporation incorporated under the provincial laws of Ontario, operating as Ghost Rocket Makerspace (“GRM”).
1.2 Meaning of Makerspace. The term “Makerspace” in the Makerspace Agreement means the workspace facility made available to you by GRM. The Makerspace is equipped with various facilities, tools, supplies, equipment, protective gear, accessories, and other items provided by GRM (collectively the “Equipment”), and certain classes and certifications (each a “Class”) may be provided by GRM from time to time.
1.3 Your Usage. “You”, “your”, and “yourself” refers to the individual who attends the Makerspace pursuant to the terms of this Makerspace Agreement and “we”, “our” and “us” refers to GRM. Individuals visiting the Makerspace for a tour, class, or informational session must still agree to the Makerspace Agreement. You agree that you cannot assign, delegate or transfer your obligations under this Makerspace Agreement or any part thereof. Your usage of the Makerspace is subject to these Terms and Conditions, and conditional upon your execution of the Makerspace Agreement. You agree that we can collect and use your information in accordance with the privacy policies GRM may adopt from time to time.
SECTION 2 – BOOKING AND USAGE
2.1 Usage. Access to the Makerspace is restricted to individuals who have received certifications from us and people otherwise approved by us. You are not permitted to bring guests to the Makerspace without the prior written approval of GRM. Prior to attending the Makerspace, you are required to book a timeslot and the Equipment you will be using. Bookings are subject to availability and can be made in person, by phone, through the GRM website or by using other booking methods we may make available from time to time. You are not permitted to use the Makerspace outside of the times you have booked. The Makerspace is a shared space and there may be other people using it at the same time as you. You are expected to arrive on time for any bookings you make. Bookings will not be extended if you arrive late. We reserve the right to cancel bookings or restrict access to the Makerspace, or any part thereof, at any time, including for maintenance, safety, or operational reasons. You agree to abide by reasonable instructions from GRM staff while at the Makerspace.
2.2 Cancellations and No-Shows. You are responsible for cancelling any bookings you no longer intend to use at least 24 hours prior to the start of such booking. GRM may, at its discretion, charge a fee or restrict future bookings for no-shows or late cancellations.
2.3 Equipment. You may only use Equipment for which you have received certification from GRM. You are not permitted to bring any personal equipment, tools, or hazardous materials into the Makerspace without the prior written approval of GRM. If such approval is granted, you agree to use such approved personal equipment in a safe and responsible manner. GRM accepts no liability for loss, damage, or injury resulting from your use of your own equipment.
2.4 Classes and Certifications. GRM may, for an additional fee, offer a Class related to the use of certain Equipment. Participation in a Class does not guarantee that you will receive a certification, and all Class fees are non‑refundable, including where you do not meet the certification requirements. Participation in a Class does not guarantee your competency, proficiency, or fitness to use any Equipment, and GRM expressly disclaims all representations and warranties, whether express or implied, regarding the quality, completeness, or effectiveness of any instruction provided. You attend each Class and operate Equipment at your own risk, and it is your sole responsibility to operate Equipment safely and within your capabilities, even after receiving a certification. Certifications are valid only within the Makerspace, may expire and require renewal in accordance with GRM policy, and may be suspended or revoked at any time, at the discretion of staff, including in response to safety concerns, policy violations, or misuse of Equipment.
2.5 Payment and Membership. By purchasing anything from us, including but not limited to Equipment bookings, you agree to pay all applicable fees and charges as described at the time of purchase. Prices are subject to change at any time. If GRM is unable to collect payment for any reason you agree that GRM may suspend, revoke, or withhold your access to the Makerspace or specific Equipment until full payment is received. You remain responsible for any uncollected amounts. All payments and fees are final and non-refundable.
2.6 Loss or Damage. You agree to return Equipment you use at the Makerspace in the same condition you received it, ordinary wear and tear excepted. If any Equipment or other property of GRM is lost, stolen, consumed, destroyed or otherwise damaged by you, or if we incur expenses restoring the Makerspace as a result of your use, you are solely responsible, regardless of the cause, and you agree to pay or reimburse us for the actual and reasonable costs incurred by us to repair, replace, or otherwise restore the Makerspace or any Equipment.
2.7 Etiquette. You agree to conduct yourself in a respectful, responsible, and courteous manner at all times while attending the Makerspace. This includes interacting appropriately with staff, other users, Equipment, and the Makerspace itself.
2.8 Availability of Facilities. GRM does not guarantee uninterrupted availability of the Makerspace or any part thereof. From time to time, the Makerspace or specific Equipment may be unavailable due to maintenance, upgrades, repairs, or for other reasons. No refund or compensation will be provided for downtime.
2.9 Consumables. Certain consumable materials, which may include but are not limited to, 3D printer filament, vinyl, and resin, may be subject to additional charges. You agree to pay all applicable charges for any such consumables you use.
2.10 Personal Projects and Property. GRM is not responsible for any loss of, theft of, or damage to personal projects, works‑in‑progress, materials, or other personal property you bring to the Makerspace. Unless you have entered an arrangement for storage with GRM and paid all applicable storage fees (“Authorized Storage”), you must remove all personal property when you leave the Makerspace. Any of your property left in the Makerspace outside of Authorized Storage may, at GRM’s sole discretion, be discarded, donated, or repurposed without notice, and you waive any right to compensation or recovery.
SECTION 3 - SAFETY
3.1 Prohibited Use of the Makerspace. You covenant and agree that you will not engage in, permit, or assist in any of the following conduct:
Use or permit the Makerspace or Equipment to be used: (A) by anyone other than yourself; (B) while you are under the influence of alcohol, cannabis, any other impairing substances, or medications that may affect your ability to use the Equipment safely and responsibly; or (C) in a reckless manner or without the necessary care and attention;
Fail to promptly report to us any damage or loss to GRM when it occurs or when you become aware of it, whether or not you were directly responsible, and/or fail to reasonably cooperate with our investigation of any such damage or loss;
Use the Makerspace or Equipment in a way that violates any applicable laws, policies or certification requirements;
Access or use the Makerspace or Equipment through fraud, misrepresentation, or omission of material facts;
Cause or allow damage to the Makerspace or Equipment, whether intentionally or with willful disregard.
A violation of this Section 3.1 may, at our sole discretion, result in the immediate suspension of your access to the Makerspace, without refund, and may also subject you to further charges for loss or damage incurred.
3.2 Removal. Safety is our top priority. We may stop any activity, remove you from the Makerspace, suspend or revoke your use or access to the Makerspace or any Equipment, or take other reasonable actions we deem fit in our sole discretion, for reasons that include, but are not limited to: (i) any breach of Section 3.1 above; (ii) disrespectful, aggressive, disruptive, or otherwise inappropriate behavior or attitude, including rudeness, hostility, or failure to follow directions; and (iii) ensuring the safety of yourself or others; (iv) preventing loss or damage to the Makerspace, Equipment or other property; or (v) the Makerspace or Equipment being used in a manner we consider objectionable. You agree that we need not provide warnings prior to taking action we deem fit under this section.
3.3 Safety. You agree to use Equipment in a safe and responsible manner. You agree to comply with our policies, rules, guidelines, posted rules, as may be amended from time to time, and any reasonable instructions and directions from our staff, at all times while at the Makerspace. You covenant and agree that you are responsible for utilizing appropriate personal protective equipment for the Equipment you use. You represent and warrant to GRM that you possess the necessary knowledge, skills, experience, training, and understanding required to operate the Equipment you use, and that you will do so in a competent and safe manner and in accordance with all applicable safety procedures, rules, regulations, and laws. You further acknowledge and agree that while GRM may take steps to enhance and encourage safety at the Makerspace, it is not possible for GRM to make the Makerspace completely safe.
SECTION 4 - RISKS, WAIVER, LIABILITY, INDEMNITY
4.1 Assumption of risks. By entering the Makerspace, you understand and agree that there are inherent risks, dangers and hazards, including but not limited to: cuts, punctures, crush or impact injuries, lacerations, burns, ear and eye injuries, scratches, slips and falls, inhalation and exposure to fumes or dust, dismemberment, Equipment malfunction resulting in flying shrapnel or debris, negligence of other persons, failure of protective equipment, and death. You acknowledge and agree that you are aware of the risks, dangers and hazards associated with entering the Makerspace and you freely accept and fully assume all such risks, dangers and hazards and the possibility of personal injury, death, property damage or loss resulting therefrom, whether caused by your actions or those of others.
4.2 Waiver. To the fullest extent permitted by applicable law, you hereby waive all rights to make or bring any claims, demands, actions, suits or proceedings which you have or may in the future have against GRM and its respective owners, employees, contractors, suppliers, agents, and other staff (the “Releasees”) relating in any way to your attendance at the Makerspace or use of Equipment, including without limitation, any claims relating to personal injury, death, property damage or loss, and you hereby release and forever discharge the Releasees from any and all such claims and liability.
4.3 Limitation of Liability and Exclusion of Damages. If any of the Releasees are deemed to have liability to you, in no event will any of the Releasees be liable for any consequential losses or indirect or special damages of any kind or for any loss or damage related to your attendance at the Makerspace or use of Equipment, even if advised of the possibility of such damages. Further, to the fullest extent permitted by applicable law, the Releasees’ maximum aggregate liability under this Makerspace Agreement, including but not limited to applicable legal fees and costs, is limited to direct damages in an amount not to exceed the total fees paid by you to GRM in the one-month period immediately preceding the event giving rise to such claim.
4.4 Indemnification. You agree to defend, indemnify, and hold the Releasees harmless from any and all losses, liabilities, damages, injuries, claims (including third-party claims), demands, fines, penalties, awards, costs, legal and administrative fees, and other expenses (“Claims”) incurred by the Releasees in any manner from your attendance and use of the Makerspace, including, without limitation, Claims arising out of or relating to: (i) any breach or violation of the Makerspace Agreement; (ii) any negligent or willful act or omission by you; (iii) you causing or contributing in any way to the injury, illness or death of any person who is at the Makerspace or to the damage or loss of any property or Equipment at the Makerspace; (iv) any Claims made or brought against the Releasees (or any of them) in connection with any matter hereinbefore released; and (v) any breach of any representations or covenants made by you in the Makerspace Agreement.
SECTION 5 - GENERAL
5.1 Cooperation. You agree to cooperate and coordinate with us generally and to take any actions we reasonably request in connection with: (i) the Makerspace Agreement, (ii) your attendance at the Makerspace or use of Equipment, and (iii) any disputes, actions, proceedings, suits, and investigations related to the Makerspace Agreement or your attendance at the Makerspace or use of Equipment, including without limitation, execution and delivery of any documents we reasonably request, giving testimony under oath, and taking any other actions we reasonably request related to the Makerspace Agreement.
5.2 Force Majeure. In no event shall GRM be liable for any failure to fulfill its obligations under the Makerspace Agreement if such failure is caused, directly or indirectly, by flood, communications failure, weather, fire, earthquake, or other natural calamity or act of God, interruption in electricity or internet connectivity, third-party server issues, acts of terrorism, riots, civil disorders or protests, acts of governmental agencies, quarantines, epidemics or pandemics, malicious acts of third parties, labor disputes, or any other similar cause beyond the reasonable control of GRM.
5.3 Disclaimer. Access and use of the Makerspace is provided “as is” and “as available,” without warranties of any kind, express or implied. GRM does not guarantee that any specific Equipment will be available at any given time.
5.4 Recordings. You acknowledge that GRM may use video surveillance within the Makerspace for safety and security purposes. From time to time, GRM may also photograph or record general activities for promotional or archival use. By entering the Makerspace, you consent to such recordings, unless you notify us otherwise.
5.5 Severability. If any portion of the Makerspace Agreement is found to be illegal, invalid or unenforceable, the remaining portions shall remain in full force and effect.
5.6 Interpretation. Section headings are included for convenience of reference only and shall not affect the construction or interpretation of the Makerspace Agreement. The Makerspace Agreement shall not be construed against GRM by reason of the drafting or preparation of this document by its legal counsel. Time shall be of the essence in the Makerspace Agreement.
5.7 Entire Agreement. The Makerspace Agreement and any schedules or other agreements signed by the parties and appended hereto (the terms of which are hereby incorporated by reference and form part of this Makerspace Agreement) contains the entire agreement between the parties and supersedes all prior agreements and understandings between the parties relating to the subject matter hereof.
5.8 Amendments. GRM may amend or update this Makerspace Agreement at any time in its sole discretion. Any such changes will be communicated to you through reasonable means, which may include email, updates posted on our website, or notices at the Makerspace. Your continued attendance at or use of the Makerspace after such changes have been communicated will constitute your acceptance of the amendments.
5.9 Governing Law. The Makerspace Agreement shall be governed by and construed in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable therein (but without giving effect to any conflict of laws rules). The parties hereto agree that the Courts of Ontario shall have jurisdiction to entertain any action or other legal proceedings based on any provisions of the Makerspace Agreement. Each party hereto does hereby attorn to the exclusive jurisdiction of the Courts of the Province of Ontario.
5.10 Minors. GRM may restrict or prohibit the use of the Makerspace by minors in its sole discretion. If you are the parent or legal guardian of a minor (the “Child”) who will be attending the attending the Makerspace or using Equipment, you confirm that your Child has your permission to do so. You confirm that you have full legal authority to bind both yourself and your Child to this Makerspace Agreement, and you hereby do so. You agree and acknowledge that all terms of the Makerspace Agreement including without limitation, the assumption of risks, waiver, and indemnity provisions applies equally to you and your Child.
5.11 Acknowledgement. By signing below, you agree that you have read, understood and agree to be bound by the Makerspace Agreement.
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