What Are the Terms and Conditions?

The following Terms and Conditions govern the provision of Services and Membership to the Studio by MUD ("the Company"). All Members of the Studio and all Membership applications to the Studio are subject to these Terms and Conditions.

It is imperative that you thoroughly review and fully comprehend these Terms and Conditions. If you do not agree to these terms, you are not permitted to become a Member of the Studio or submit a Membership application.

In these Terms and Conditions the following definitions apply:

• "Class" refers to a structured and supervised session for Members and Non Members that may incur an additional fee.

• "Class Participant" refers to anyone who pays for Classes.

• "Company" refers to MUD.

• "Member" refers to any individual who has completed and submitted a Membership application using the Registration Form, either online or in person, and whose application has been accepted by the Company.

• "Membership" refers to membership of the Studio, which includes the benefits and responsibilities outlined in these Terms and Conditions.

• "Minimum Membership Period" refers to the minimum required duration of Membership, as specified in the “Termination of Membership” section of this document.

• "Notice Period" refers to the notice period specified in the terms relevant to the Member's chosen contract option. If no other period is stated, the default Notice Period is one calendar month, to expire no earlier than the end of the Minimum Membership Period.

• “Open Studio Time” refers to the use of the ceramics studio outside of the context of a class.

• "Open Studio Member" refers to any Member who pays for Open Studio time.

• "Registration Form" refers to the online or paper form that must be completed by an individual seeking Membership to the Studio.

• "Services" refers to all services provided by the Company at the Studio to Members as part of their Membership.

• "Session" refers to a period of time during which a Member is using the Studio's facilities.

• "Studio" refers to MUD's studio located at 201 E Champion Street, Bellingham, Washington, 98225, USA

• "Week" refers to the period from 00:00 on Monday morning to 23:59 on the following Sunday evening.

Note that the singular form of a term includes the plural, and the masculine gender includes the feminine gender, and vice versa. These Terms and Conditions are incorporated into the Registration Form.

The Company reserves the right to modify these Terms and Conditions at any time. Any changes to these Terms and Conditions will be communicated to you via email and/or a notice posted at the Studio. By continuing to use the Services after being notified of any changes to these Terms and Conditions, you agree to be bound by such changes.

It is your responsibility to stay informed of the current Terms and Conditions. You can review the most current version of these terms at any time by clicking on the "Terms and Conditions" link located on the Website. It is advisable to check this link regularly.

Membership

A person becomes a Member of the Studio only upon completion of the Registration Form and acceptance of their Membership application by the Company in writing. Upon this acceptance, the Member is deemed to have irrevocably agreed to these Terms and Conditions.

If a Member brings a guest to the Studio for a Session or Class, that guest must purchase a Guest Pass, complete a Guest Waiver and agree to these Terms and Conditions prior to the start of the relevant Session or Class.

Payments for Memberships and Classes are non-refundable, unless otherwise stated in these Terms and Conditions or as required by law.

An Open Studio Member is entitled to use the Studio for up to 15 hours in any given week. These hours may not be carried over to future weeks.

If a Member wishes to use additional Open Studio time during a given week, they must obtain prior approval from the Studio management and purchase the additional time in blocks of 5 hours. Each additional hour will be charged at 30% of the Member's standard contract rate.

The availability of additional Open Studio time is subject to the discretion of the Studio management and space availability. No Member may use more than 15 additional hours in any six-month period.

At the sole discretion of the Company, an Open Studio Member may suspend their Membership for a minimum period of two months within a 12-month period. An administrative fee of $25 per month will be payable by the Member during the suspension period, either as a reduced monthly fee or as otherwise specified by the Company. The Company requires a minimum notice of 30 days to suspend a membership.

Membership fees must be paid in accordance with these Terms and Conditions, regardless of whether or not the Member uses the Studio facilities.

The Company reserves the right to increase Membership fees at its discretion. Members will be given at least 10 business days' notice of any increase in Membership fees.

A Member must book and pay for a Class or Session before attending. Payment for Classes and Sessions must be received at least 14 days prior to the scheduled start date, or at the time of booking if booked closer to the start date. Cancellations must be made in accordance with the cancellation terms outlined below.

Payments for Sessions and gift certificates are non-refundable, unless otherwise stated in these Terms and Conditions. If a package is purchased but only partially used, no refund will be provided for the unused Sessions.

Gift certificates may only be purchased by Members for other Members.

Details of Open Studio and Class prices can be found on the Website or directly from the Studio. 

These prices are subject to change at the discretion of the Company.

Payment terms

Subject to the Company's right to cancel or suspend Membership, Membership will continue indefinitely unless and until a Member cancels their Membership by submitting a written request to the Company, giving one full calendar month's notice of the desired cancellation date, which must be no earlier than the end of the Minimum Membership Period. No refunds will be given for any Membership fees that have already been paid.

If a Member does not pay their Membership fees for the Minimum Membership Period (or cancels their Membership during the Minimum Membership Period), they will be liable for the difference between the rolling monthly rate at the time of termination and the price they paid under their subscription.

Each Member agrees and acknowledges that by agreeing to the Minimum Membership Period, they are receiving preferential rates from the Company, and it is therefore fair and reasonable for them to be liable for the payments outlined above. It is the Member's responsibility to cancel any direct debit or standing order with their bank upon termination of their Membership. The Company cannot be held responsible for any payments processed as a result of a Member's failure to cancel a direct debit or standing order.

If a Member does not wish to accept a proposed change to their Membership fees by MUD, they may cancel their Membership by giving notice in accordance with the “Termination of Membership” section of this document. The Member must continue to pay their Membership fees at the rate in effect immediately prior to any proposed increase until the end of the notice period (or, in the case of a Member whose Minimum Membership Period has not ended, until the end of that period).

If Membership fees are paid by debit or credit card (or if any Membership fees remain outstanding beyond the due date), the Member irrevocably authorizes the Company to debit their credit or debit card with the monthly Membership fee (or any outstanding fees) without prior notice.

Memberships are non-transferable and cannot be shared once the contract has begun.

Open Studio Members have a set firing allowance included in their monthly fee, as well as access to studio glazes.

Class participants pay a material fee based on the weight of their fired pieces. Current fees and allowances are listed on the Website.

The Company does not accept payments from overseas.

Studio Opening Times

The Company reserves the right to change the Studio's operating hours. The current operating hours will be listed on the Website and may be updated periodically.

The Studio will be closed for two weeks per year: a week over the Christmas holidays (including New Year’s Day) as well as the last week of June. 

The Company also reserves the right, at its sole discretion, to close the Studio for additional periods.

Bookings and Cancellations of Classes

If a class participant cancels or reschedules a Class less than 24 hours in advance, or if notice of cancellation or rescheduling is not delivered in writing to a Studio employee, they will be charged for the Class.

Classes are booked on a first-come, first-served basis. If a class participant’s preferred Class is unavailable, they may join the waiting list through the Website. If a class participant books a Class after joining the waiting list, their booking will be subject to these Terms and Conditions.

The Company is not responsible for any particular Class, instructor, or piece of equipment being unavailable for any reason. The Company reserves the right, at its sole discretion and without notice, to make changes to the timing, structure, and content of any Class, as well as the instructor and equipment availability, and the availability and nature of any ancillary facilities provided to class participants. The Company is not liable for any loss resulting from these changes, except where such loss is legally incapable of exclusion.

Classes not meeting the minimum student enrollment 3 days before the scheduled start of the class will be cancelled, and students will be offered a full refund OR placement in another class of equal monetary value.

Health And Safety

Members use the Studio at their own risk, with awareness of the inherent hazards present in a Studio environment, including but not limited to the use of sharp tools and edges, exposure to toxic materials, the dangers of using materials and equipment at high temperatures, and the risks associated with breathing silica dust.

Before beginning their Membership, each Studio Member must read and follow the health and safety information outlined in the handbook and undergo a Health and Safety introduction.

Members must adhere to all health and safety instructions provided by the Company's staff at all times.

To minimize the risks of breathing clay and glaze dusts, Members must keep all surfaces clean of clay and glaze and thoroughly clean all areas, including the floor around their workstation, before completing their Session.

For safety and hygiene reasons, no glass is allowed in the Studio, and pets (except service animals) are not allowed in the Studio buildings or grounds. Due to the nature of the compounds found in ceramics studios, it is advised that you do not drink from open vessels or eat in the studio. Any consumption of food items in the studio is done at your own risk.

Members must use the main entrance to the Studio when entering or exiting. Fire exits, which are clearly marked, are for the safety of all Members and must not be tampered with for any reason. In the event of a fire, Members should make their way to the nearest available exit.

Smoking is strictly prohibited in the Studio.

Prohibition of Firearms: For the safety and comfort of all our members and staff, MUD Ceramics Studio strictly prohibits the possession of firearms of any kind on our premises, regardless of whether the individual is licensed to carry the firearm or not. This policy applies to all customers, employees, and visitors, with the exception of law enforcement officers. Any person found in violation of this policy may be asked to leave the premises immediately. By entering our premises, you agree to abide by this policy.

Use of Facilities

A Member is entitled to use the Studio's facilities during its operating hours and in accordance with these Terms and Conditions. However, the Company reserves the right to withdraw all or part of its facilities for any period of time, without notice, for cleaning, repair, alteration, maintenance, or any other reason.

Children under the age of 16 may not use the Studio and/or attend Classes. Members under the age of 18 must have written consent from a parent or guardian.

Open Access Membership includes "fair usage" of glazes provided by the Studio for use on pieces made in the Studio only. External clay, glazes or self-made glazes may not be used in the Studio due to the risk they pose to the safety of studio equipment and other member’s work.

Open Access Membership includes up to 2,500 cubic inches/30 liters of kiln firing space per month in communal firings, loaded by a Company technician at the Studio's pre-set temperatures. 

Only pieces made in the Studio may be fired under this allowance. This allowance cannot be carried over to the following months. Additional work can be fired at Member’s request at a rate of $2.00 per liter. This rate is subject to change to reflect the true cost of firing.

All glazed pieces must be fired on a purpose-made firing bat to prevent damage to kilns from running glazes. Members are liable for any damage to kiln shelves caused by irresponsibly applied glazes. 

Technicians will not fire items with glaze that is deemed to have been applied too thickly.

In cases where a member has been negligent in their making process and it has caused damage to our equipment (e.g. leaving plaster in the clay that burst in the kiln, or applying glaze too thickly and causing it to drip), we may charge a breakage fee to cover the cost of replacing damaged parts.

Security cameras are located throughout the studio to monitor and surveil the property for safety and security of studio members and staff. All recording shall be done with recognition of the reasonable expectation of privacy among members of the MUD Ceramics Studio community.

Cleaning 

All Members are required to thoroughly clean their working area(s) at the end of each Session.

Clay and glaze dusts are toxic and must not be left anywhere in the Studio. Work areas should be left as clean, or cleaner, than when the Member began working, including the floor area around the workstation.

Members are required to follow the Studio's three-bucket cleaning system for cleaning equipment used for clay and glazes, as well as for hand washing. Studio sinks should not be used for cleaning clay, glaze, or other materials from equipment or hands. These sinks are exclusively for collecting water and for the purpose of hygiene. 

Members are encouraged not to use plastic coverings to keep pieces leather hard. Instead, members should place these pieces on the humidity controlled shelves in the studio, or purchase solid boxes for this purpose. Due to limited space, members are asked not to keep their pieces on the communal shelves longer than 7 days.

Clay, glaze, and plaster must not be disposed of in sinks or drains, either in the Studio or outside. 

All Members must use the disposal buckets provided.

Termination of Membership

Pursuant to this Membership Cancellation Policy, a Member may cancel their Membership within 14 days of acceptance, provided they have not utilized the Studio or attended a session or class during this time. 

Notice of cancellation must be provided to the Studio in writing via email or letter delivered to a Studio employee. 

Members who are purchasing Open Studio time through regular payments are not permitted to cancel their Membership before the expiration of the Minimum Membership Period, which is 2 months for a month-to-month contract, 6 months for a 6-month contract, or 12 months for an annual contract.

Members who wish to cancel their month-to-month contract at the end of their minimum membership period, must provide written notice with the notice period expiring prior to the end of the Minimum Membership Period. 

The Studio reserves the right to expel or suspend a Member or refuse to renew their Membership if their conduct is deemed injurious to the character of the Studio, if they violate any of the Terms and Conditions, or if it is in the best interests of the other Members. Any Member who is expelled due to a violation of the Terms and Services shall not be entitled to a refund, and any Member whose Membership is suspended shall also not be entitled to a refund for the suspended period.

Furthermore, the Studio may terminate a Member's Membership if they fail to pay any sums due within 14 days of the due date.

If termination occurs due to non-payment, any remaining fees for the Membership term become immediately due and payable. 

Please note that the termination of these Terms and Conditions shall not affect any rights or obligations that have already accrued and are owed prior to the date of termination.

Limitation of Liability

The following provisions shall not limit or exclude the liability of the Company for any act or omission that results in personal injury caused by the Company's negligence or that of its employees, agents, or subcontractors, or for fraud or fraudulent misrepresentation.

However, subject to the foregoing, the Company shall not be held liable for any loss of profit or any indirect or consequential loss suffered by a Member in connection with their membership or these Terms and Conditions. In addition, the Company's total liability to a Member for all other losses arising from their membership or these Terms and Conditions, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall not exceed the amount of any fees paid by the Member during the Initial Term or Renewal Term (as applicable) during which the loss arises. The implied warranties of merchantability and fitness for a particular purpose under the Uniform Commercial Code are hereby excluded to the fullest extent permitted by law from these Terms and Conditions.

The Company shall not be held responsible or liable for any delay or failure to run Sessions or Classes (i.e. the performance of this Agreement) if such delay or failure is due to any cause beyond the Company’s reasonable control, including but not limited to strikes, scarcity of labor, fires, floods, epidemics, acts of war, storms, earthquakes, explosions, accidents, scarcity of materials, fuel or transportation, delays or defaults caused by public carriers, embargoes, governmental regulations or orders, perils of navigation, acts of public enemies, mobs or rioters, and acts of God. In the event that any such unforeseen circumstances occur, all Sessions and Classes shall be strictly non-refundable and non-exchangeable, notwithstanding our standard terms and conditions and refund policy.

Members are advised to safeguard their personal belongings when on the Studio premises as the Company shall not be held liable for any loss or damage to such items. The Company shall also not be held liable for any injury suffered by a Member on the Studio premises or outside the Studio, except to the extent that such loss, damage, or injury is by law incapable of exclusion. This provision shall survive the termination of these Terms and Conditions.

General

Each Member represents and warrants to the Company that all information provided by them is true, complete, and accurate at the date it is given to the Company. Members are required to notify the Company of any changes to their home address or email address. If such notice is not provided, all communications will be deemed to have been received by the Member within five days of mailing to the last address notified to the Company.

The Company reserves the right to refuse admission to the Studio. The Company may also assign the benefit of these Terms and Conditions and a Member's Membership to a third party at any time without notice to the Member.

Individuals who are not members do not have the right, under the Third Party Beneficiary Doctrine or other applicable state laws, to rely upon or enforce any term of these Terms and Conditions.

The Company may communicate with Members via email. By providing an email address to the Company, Members consent to receiving email communications from the Company, including notices related to the Terms and Conditions. Members also accept the risk that email may not be a secure and confidential means of communication, and the Company will not be liable for any loss or damage suffered as a result of communicating with Members via email.

Members must always observe the Studio guidelines, which may be updated from time to time, and are expected to comply with any reasonable directions issued by the Studio management to ensure the smooth operation of the Studio for the benefit of all Members.

Any marketing, educational, or other materials produced by the Company in connection with the Studio and made available to Members at the Studio shall remain the property of the Company and are subject to the Company's copyright.

Interpretation Clause

In any dispute between the parties, the language of this agreement shall in all cases be construed as a whole according to its fair meaning and not for or against either the company or the member. If any provision is found to be ambiguous, the language shall not be constructed against either the company or member solely on the basis of which party drafted the provision. If any word, clause, sentence, or combination thereof for any reason is declared by a court of law or equity to be invalid or unenforceable against one party or the other, then such findings shall in no way affect the remaining provisions of this agreement.