Terms and conditions

General Terms and Conditions

1. Introduction

Artscape Daniels Launchpad, hereafter “Launchpad”, is a first-of-its-kind model for creative collaboration and entrepreneurship that aims to help artists, designers and creators prosper.

This document outlines the Terms and Conditions of membership at Launchpad. By signing this agreement, members acknowledge they have read and understand the document, the terms and conditions of membership and will follow all Launchpad rules and policies. Members also agree to use Launchpad’s facilities at their own risk and are aware some of the equipment on site requires training and may pose a risk to their health.

This agreement also relates to membership payment details and provides authority to Launchpad to directly charge the payment method provided for any installments or fees due under the Terms and Conditions of the Agreement. These terms are stated below.

2. Definitions

“Launchpad” refers to the facility known as Artscape Daniels Launchpad owned by Toronto Artscape Inc. (“Artscape”)

“Services” refers to services a Launchpad membership provides including access to coworking spaces, project rooms, meeting rooms, event spaces or other services provided by Launchpad in connection with your membership.

“Premises” or “facility” refers to Artscape Daniels Launchpad property located at 130 Queens Quay East, East Wing – 4th floor, Toronto, Ontario, M5A 0P6.

“Creative Studios” collectively refers to the Textile and Fashion Studio, Woodwork Studio, Digital Fabrication Studio and the Electronics Studio.

“Digital Media Lab” or “DML” collectively refers to the VFX/Video Production Studio, Audio/Sound Recording Studio, Edit Suites, Photography Studio and Rental Cage.

3. Membership Types

These Terms and Conditions shall apply to all membership types offered by Artscape Daniels Launchpad.

4. Term

Month to Month memberships require a 1 month minimum commitment and thereafter are on a month-to-month basis.

Annual members are annual memberships and are renewable.

5. Membership Benefits

Launchpad offers a wide range of programs, facilities, technology, services and support under one roof. It will connect its members with a supportive community and help them plug into resources and opportunities.

6. Facility Access

All members will be given access to a virtual Fob upon registration to a membership plan. This Fob will provide a member access to enter the premises and enjoy the use and benefit of Launchpad. It is for the member and the member only, and the member will not give access to another individual. Coworking members will have limited access through the Fob. Members will be granted Fob access to the creative studios after appropriate safety training has been successfully completed. The member agrees not to share their Fob with another individual. The member also agrees to safeguard the identity of the Fob and notify Launchpad staff should it become lost or stolen.

A breach of this term may result in the suspension or termination of membership by management.

7. Reception and Member Check-In

All members and guests must check in at reception upon arrival and upon exit. For members, this means swiping their Fob upon entry and upon exit. This allows Launchpad to keep track of who is in the building and confirm capacity. Entry to Launchpad may be refused if Members have unpaid or outstanding membership or rental fees on your account. Members are responsible for keeping their account up-to date with their latest address and billing information.

8. Hours of Operation

Members may access the building as often as they like during operating hours. Launchpad is closed during statutory holidays and holiday hours will be communicated to our members. Launchpad reserves the right to alter the hours of operation and will communicate those changes to members accordingly.

9. Conduct Expectations

Launchpad is committed to creating and providing a respectful work and learning environment in which all members and staff are treated with respect and dignity, and which promotes an environment that values and promotes diversity and inclusion, and celebrates individuality.

Launchpad does not tolerate any discrimination, harassment, sexual harassment, violence, including gender-based violence or bullying, exclusionary acts or non-compliance with safety guidelines. Management reserves the right to terminate membership for cause in the event of such conduct by any member or guest.

Harassment

“Harassment” means engaging in a course of vexatious comment or conduct against an individual that is known or ought reasonably to be known to be unwelcome. Harassment includes any conduct that demeans, marginalizes, rejects, threatens or harms anyone on the basis of identity, background, race, gender, socioeconomic status, appearance or ability.

Members are encouraged to report any instances of harassment to Member Services.

Sexual Harassment

Sexual harassment means engaging in a course of vexatious comment or conduct against a person or because of sex, sexual orientation, gender identity or gender expression, where the course of comment or conduct is known or ought reasonably to be known to be unwelcome, or making a sexual solicitation or advance where the person making the solicitation or advance is in a position to confer, grant or deny a benefit or advancement to a person and the person knows or ought reasonably to know that the solicitation or advance is unwelcome.

Physical Violence

Physical violence includes the use of intentional or unintentional physical force or any statement, or behavior that is reasonable to interpret as a threat. It also includes damaging or altering any part of the building, inside or out, including furniture, equipment, or other people's belongings.

Psychological and Emotional Violence

Psychological and emotional violence are characterized by a person subjecting, or exposing, another person to behaviour that may result in psychological trauma, including anxiety, chronic depression, or post-traumatic stress disorder.

Any member whose conduct, in the opinion of Management, has violated any of the above conduct expectations can have their membership suspended or terminated for cause at the discretion of Launchpad management. This includes violations that have occurred outside of Launchpad, which are impacting people within it.

10. Prohibited Activities

Additionally, Artscape may terminate membership for cause in the event that members or guests engage in any of the below prohibited activities:

10.1 Language - The use of abusive, insulting, discriminatory or threatening language or behaving in a threatening manner is not permitted.

10.2 Under the Influence – Members may not use or enter studios under the influence of any drug, including cannabis, or alcohol. Should any member require an accommodation to this policy on the basis of a disability, they are requested to notify Artscape of that accommodation. Under no circumstances should Members operate equipment and/or machinery that may pose a risk to health and safety while under the influence of the above substances.

10.3 Smoking Indoors - There is no smoking or vaping of nicotine or cannabis on site. This includes the terrace and commons area.

10.4 Possession of Weapons - There are no weapons ever allowed on site. Failure to comply will result in immediate termination of membership.

11. Conditions of Entry

To help us maintain a safe and comfortable environment for all Members and staff, all members agree to abide by the following rules. Failure to follow these rules shall be considered a breach of this agreement.

11.1 Orientation - All members will complete an orientation that provides information on the facilities, programs, services and opportunities available to Members. The orientation will include a review of the rule and regulations governing use of the facility including health and safety.

11.2 Use of Creative Studios, the DML and Equipment - Members agree to follow all rules and equipment operating protocols to ensure the safety of everyone. If unsure of the correct use of equipment, Members must see a Launchpad staff member for assistance. Members must return all equipment to its correct location when they have finished using it for the convenience of other Members. Policy concerning the use of equipment and studios will be subject to changes from time to time and all changes will be posted on the website and in the related studios.

11.3 Studio training – Members must complete a standard Studio 101 safety training course in order to book time and access each Creative Studio and individual studios in the DML. Launchpad offers training in order to provide the member with a basic understanding of the operations, equipment, safety measures and requirements of a studio. Studio training shall be provided by approved Launchpad staff. Upon a Member’s successful completion of a studio training course, Launchpad staff will update the Member’s profile in the Launchpad online portal, at which point the Member will have immediate access to book time in the studio directly. Members will pay a fee for all Studio 201 advanced training opportunities as outlined in the orientation.

11.4 Dress Code - Members must be clothed at all times and may not wear clothing that may be offensive to other members. Members must wear appropriate clothing and footwear while in the studios as outlined in the studio policies and stated in the 101 safety training.

11.5 Pet Policy - To ensure the comfort of everyone at Launchpad, animals or pets are not permitted on-site with the exception of a service animal that is required by a Member for a medically certified disability. Launchpad has the right to ask at any time for documentation satisfactory to it demonstrating the need for the Service Animal.

11.6 Age Requirement - All members must be at least 19 years of age, unless otherwise authorized by Artscape Launchpad. People under the age of 18 years old are only permitted in the public areas of Launchpad and may not enter member areas.

11.7 Property - Artscape Launchpad is not responsible for any property Members leave behind in the Facility. It is a Member’s responsibility to ensure that they have retrieved all of their personal items prior to leaving. Prior to the termination or expiration of Membership, Members must remove all of their property from the Launchpad facility. After providing reasonable notice, Launchpad reserves the right to dispose of any property left in the Facility, and Members will waive any claims or demands regarding such property or handling of such property. Members will be responsible for paying any fees reasonably incurred by Launchpad regarding such removal.

12. Studio Booking and Cancellation Policies

Launchpad offers many services, each of which has its own booking, renting and cancellation policy that is outlined on the Member Portal used to request a rental or booking. By booking or renting these services, the Member acknowledges that they have read and understood the policies and are bound by them.

13. Other Amenities

13.1 Lockers - Lockers are located near the common area and are available for a rental fee by contacting Member Services. Cage lockers for large material storage outside of the Electronics Studio are available for temporary storage only as outlined by studio guide. Members may be placed on a waiting list. Please note, Launchpad is not responsible for any loss of personal property while using the lockers. Lockers are not security devices. Members are required to bring their own lock or can purchase a lock at Member Services.

13.2 Kitchen - Launchpad has a kitchen on site for use during operating hours. Members are welcome to store food in the fridge and use the microwaves to warm food. Each Member is responsible for cleaning up after themselves and helping keep the space clean and tidy for all Members. All fridges will be cleaned and emptied on a daily basis with no exceptions.

13.3 Lost Property - Launchpad does not take responsibility for the loss or damage of your belongings. There is a lost and found on site located at reception. Items will be held for two weeks and then donated to charity.

13.4 Quiet Room – Full access Members may book the quiet room on site for personal use and for a maximum of one hour per day. This space is for one person only and can be booked on the Member Portal during business hours.

14. Payment of Fees

Launchpad Members agree to pay membership and associated fees as outlined in this document. Members understand and agree that these fees, plus purchase of event tickets, studio bookings, products and services made through the Member Portal, will be automatically charged to the payment method provided at the time of registration. Only one payment method can be used at any given time to make payments and Members must keep their payment information up-to-date and accurate. All payments to Launchpad are final and can be made by one of the following options:

Annual Payment: Under this option, payment must accompany the membership.

Monthly Payment: Under this option, a payment representing payment for the first month must accompany the membership. Charges for subsequent months will be made on the same day of the month as the one in the commencement date.

After the completion of a Member’s first annual term, Launchpad is entitled to adjust its fees once written notice has been provided by email to the address on a Member’s account at least 14 days prior to putting change in effect. A Member can terminate their contract at this point without penalty. Members must provide written notice as outlined in Section 16. If no action is taken by the Member, the Agreement will remain in place and the new installment amount will be deemed to be accepted. All rental fees for spaces and equipment are charged immediately to the Member’s credit card on file as soon as a booking is made. If the rental is canceled within the terms of the cancellation policy, these fees will be reimbursed.

15. Late Payment or Insufficient Funds

Members are required to pay their membership fees on time. If a Member’s payment is late or declined, Launchpad will contact the Member to update payment information. If the payment details remain outstanding for more than 10 days, additional late fees may apply/a late charge of 10% of the amount due or $25.00, whichever is less.

If a Member’s account becomes more than 30 days overdue, a late fee of $25 may be applied. If a Member fails to pay their fees by the due date, Launchpad can refuse them entry to the Facility. If unpaid fees remain outstanding and after attempts to rectify the overdue payment, the account may be forwarded to a collection agency for further action.

16. Membership Cancellation/Termination/Automatic Renewal

16.1 Cancellation by Member

This Agreement allows Members to cancel their membership within 10 days “the test period” of the signing of the Membership Agreement. The test period begins the day the Membership Agreement is signed and ends at close of business 10 calendar days later. Membership may be terminated within the test period by filling out the written cancellation request form available at Member Services for a full refund of monthly membership fee. Additional fees for on-boarding services such as orientation, Studio Training, etc. that exist outside the membership payments and were completed during the test period are non-refundable.

Outside of the test period, a member may terminate their membership for the following reasons:

16.1.1) By request, effective on the anniversary of the commencement date or each successive year, provided that the membership termination request is made at least thirty (30) days prior to that anniversary.

16.1.2) At any time, if a member becomes physically incapacitated or suffers a change in health that prevents them from using Launchpad space and services,. Launchpad may require a medical certificate explaining the circumstances in order to proceed with a termination request.

16.1.3) If a member is moving more than 75 kilometers from Launchpad, they may be required to provide proof of address change in the form of updated government ID or utility bills in order to proceed with a termination request.

Membership terminations may be subject to a cancellation fee of $25. Membership fees are payable to the effective date of termination.

16.2 Renewal of Membership

Launchpad memberships will automatically renew unless members provide written cancellation notice 30 days prior to the end of their term.

16.3 Termination of Membership for Cause

Launchpad reserves the right to cancel any membership for cause, without providing any refund of membership fees, for the following reasons, as determined by management, in its sole discretion:

16.3.1) The Member breaches this agreement, including the conduct expectations, or any other applicable rules and policies;

16.3.2) The Member fails to make payment for membership or other programs, services or fees incurred at Launchpad.

16.3.3) The Member engages in any illegal acts, acts that pose a threat to the health and safety of others, or acts causing a nuisance or disturbance;

16.3.4) The Member uses the space in a manner that is incompatible with Launchpad’s goals including but not limited to:

i) using creative studios to mass produce goods or products

ii) the repeated use of equipment, facilities or services which materially prevents other members from being able to access the benefits of membership

iii) the use of studios which poses a health or safety risk to others or is otherwise deemed not to be in compliance with building codes, fire codes or other rules and regulations that apply to the Facility; or

iv) the negligent use of studios or

Decisions to terminate membership are final and may not be appealed.

16.3.5) Termination Without Cause

Artscape reserves the right to terminate memberships without cause. In the event of a without cause termination, installments of any prepaid, unused membership fees will be refunded.

16.3.6) No Transfers

Memberships may not be transferred.

17. Upgrading a Membership Type

Memberships may be upgraded at any time. If a membership is upgraded between billing periods, the Member will be charged the difference in the fee on the remaining days in the membership.

18. Membership Holds

Memberships can be put on hold for a minimum period of 2 weeks and a maximum period of 8 weeks once per year during which time the monthly membership fees will not be charged. A suspension form must be completed in person at Member Services at least one week before the period requested and cannot be back-dated. A one-time administration fee of $25 may be charged to the Member’s account.

19. Member Portal

Members will use Launchpad’s online Member Portal to manage their account, personal information, book services and spaces within the facility and purchase tickets to Launchpad programs and courses. Failure to keep contact information up to date could result in missing important communications. A Member’s log-in information is their email and a password that they set up during the application process. If a Member forgets their password, they may use the Forgot My Password feature to retrieve this information. If they are unable to access their account for any other reason, they should contact Member Services.

20. Guests

Launchpad is an open environment and members are welcome to bring their guests into the space. Guests must sign in at the front desk for safety purposes, with the Member that they are accompanying. Each Member is allowed to bring in a maximum of two (2) guests per visit to Launchpad.

Guests are welcome to work in the coworking space with Members and Members assume responsibility for all actions conducted by their guest(s)/visitor(s).

In the event that guests are below the age of 18, we ask that they stay in the Member area and under Member supervision.

The one exception to the above is with the Creative Studios where access to Creative Studios will be granted at the discretion of Studio Technicians. The duration of guest visits and the number of guests per Member is at the discretion of Studio Technicians. It is advisable for Members to seek approval for guest visits prior to the visit. Under no circumstances will guests be allowed to use equipment and technology or participate in any of the art/design-making processes in the Creative Studios.

21. Personal Injury or Damage

To the extent permitted by law, Artscape shall not have any liability to the Member for any injury, damage or loss of any kind whatsoever (including, without limitation, any liability for direct, indirect, special or consequential loss or damage), sustained by the Member and/or any other person, or for any costs, charges or expenses incurred by the Member, arising from or in connection with this Membership Agreement and/or the services/products provided by Launchpad. The Member shall indemnify and save harmless Artscape responsible, from and against any and all responsible, from and against any and all liabilities, damages, costs, expenses, causes of action, claims, suits, proceedings and judgments which they may incur or suffer or be put to by reason of or in connection with or arising from any breach, violation or non-performance by the Member of any obligation contained in this Agreement to be observed or performed by the Member, or any wrongful act or negligence of the Member or its agents or guests howsoever arising. This indemnity shall include any costs incurred as a result of damage caused by a Member to Launchpad’s equipment and technology. This indemnity shall survive any termination of this Agreement.

22. Safety, Maintenance & Service Demand

From time-to-time, Launchpad may make changes to the operation of the premises - these may include: changing the operating hours to suit demand; changing the availability of facilities or services; closing off part of the premises and/or equipment for events, maintenance or safety reasons; changing Conditions of Entry or Facility rules. Where this occurs, Launchpad will provide reasonable notice in the common area and at reception, but shall have no liability to the member for such change.

23. Privacy and Confidentiality

Launchpad’s Privacy Policy can be found on our website at https://artscapedanielslaunchpad.com/privacy

24. Third Party Services

Additional Services may be available to the Member, either in connection with Launchpad or through third-party service providers. The Services may provide the Member with access to third party products or services. The Services may also provide the Member with access to advertisements from our other third-party business partners. Launchpad is not responsible for the content of these advertisements or any links, products, services or other materials relating to any third-party products, services, advertisements or other materials. In no event will Launchpad be liable, directly or indirectly, to anyone for any damage or loss relating to any use of or reliance on any advertisement on the Services or any products, services or other materials relating to any advertisement. The Member is not bound to use any third-party services offered at Launchpad and the Member agrees that by making these available, it does not constitute provision of such third-party services by Launchpad, and the Member will look solely to the applicable third party for provision of the applicable third-party services and for compensation for any claims, damages, liabilities or losses the Member may incur in connection with such third-party services.

25. Intellectual Property and Personal Information

In the course of using the Launchpad facilities, Members may become aware of other Members’ personal information and/or intellectual property. The Member agrees not to directly or indirectly take, copy or use any personal information of, or intellectual property belonging to, other Members or any of their guests.

26. Photos and Videos

Members may take photos and videos of their personal work at Launchpad but not of any other Member or Member’s work without consent. Permission for photographic shoots and to film in any of the Creative Studios must be sought at least 48 hours in advance to the Creative Studios Manager.

27. Force Majeure

Launchpad will not be liable for interruption in access to the facility for reasons outside of its control.

28. Agreement

a. This Agreement will be governed according to the laws of Ontario.

b. If any term(s) of this Agreement are deemed to be unenforceable, they may be severed from the Agreement and the balance of the Agreement shall apply.

c. This Agreement constitutes the entire agreement between the parties, and supersedes all other verbal or written representations.