TERMS AND CONDITIONS

Last Revised: May 10, 2023

ArtisHouse LLC (“ArtisHouse”) operates a private art studio and member’s club at 526 Seventh Avenue, 4th Floor, New York, NY (the “Studio”) for the primary purpose of providing a space to create art. Each member of ArtisHouse and/or user of the Studio (each, a “Member” and collectively, the “Members”) is subject to the following Terms and Conditions, which may be updated from time to time in ArtisHouse’s sole discretion. By enrolling to become a Member and/or using the Studio, Member agrees to be bound by these Terms and Conditions (the “Terms”) and represents and warrants that Member is duly authorized and has legal capacity to abide by and be bound by these Terms.

Membership; Day Passes

ArtisHouse offers three membership options:

“Tier One Membership”: For use of the Studio on Saturdays and Sunday

“Tier Two Membership”: For use of the Studio Monday through Fridays

“Tier Three Membership”: For use of the Studio Monday through Sunday.

ArtisHouse also offers day passes to use the Studio between the hours of 9:00 a.m. and 5:00 p.m. Monday through Friday and any Member using a day pass shall be subject to these Terms.

While a membership is active and not suspended, membership entitles a Member access to the Studio, online booking, storage, easels, seats, and Wi-Fi. Member understands that scheduling is on a first-come, first-served basis and availability may be limited. Member understands and acknowledges that, from time to time, ArtisHouse may offer workshops, programs or other classes that are completely separate from membership and if Member wishes to attend, Member must pay a separate admission fee to attend.

ACCESS; Use of Studio

Access to the Building and the Studio will be granted via Brivo. ArtisHouse makes no representations or warranties of any kind relating to Brivo or its services.

Member shall use the Studio exclusively for the creation of art. Member shall not use Studio for: (i) loitering; (ii) any public exhibitions, (iii) any use of any controlled substance or alcoholic beverages, (iv) any illegal or offensive activities as determined by ArtisHouse in its sole discretion, and (v) any other use ArtisHouse deems to be objectionable as determined by ArtisHouse in its sole discretion. Notwithstanding anything to the contrary contained in these Terms, ArtisHouse may, at any time, prevent or restrict access to all or any part of Studio for such period as is necessary for repair, maintenance, alterations, safety purposes, events or private functions.

Member must take care of all parts of the Studio and will be responsible for any damage to the Studio caused by Member. Member shall not make any structural or nonstructural alterations or installations (including, but not limited to, wall attachments, furniture, IT equipment, cameras, glass paneling, stickers, labels, and/or frosting) in the Studio without prior approval by ArtisHouse in ArtisHouse’s sole discretion. Member shall not install any locks, surveillance, or other security devices to access any portion of the Studio.

Member agrees to comply with all applicable laws and regulations when using the Studio and in the creation of art. Member must not do anything that may interfere with the use and enjoyment of the Studio by ArtisHouse or other Members. Member must not cause any nuisance or annoyance or cause any loss or damage to ArtisHouse, any other Member, any other occupants or tenants of the building.

Member acknowledges that the Studio may be under surveillance up to 24 hours a day. The video record of Studio entry and Member’s use of the facilities will be retained by ArtisHouse for scrutiny. 

Member shall not be permitted to bring any guests or other third parties into the Studio without the prior written consent of ArtisHouse (in its sole discretion).

Fees; Billing

Member understands and agrees that once per month, beginning on the Membership Commencement Date (as defined below), Member will be charged the agreed amount using Member’s saved payment method and Member consents to such automatic monthly billing. Member agrees to execute any legal consents necessary to authorize a selected payment method. Member agrees to maintain accurate and current payment information with ArtisHouse. Member acknowledges that all fees are non-refundable.

ArtisHouse reserves the right to change membership fees from time to time, in ArtisHouse’s sole discretion, upon thirty (30) days’ notice to Member. In the event of such a change, Member’s sole remedy shall be to terminate its membership with ArtisHouse. ArtisHouse reserves the right to add to any membership fees any applicable taxes.

To avoid nonpayment, any change in billing information must be provided to ArtisHouse at least fifteen (15) days prior to the next payment date.

In the event that any payment is unsuccessful due to an expired payment method, insufficient funds or any other reason, Member shall be notified via the email address associated with Member’s account on file with ArtisHouse. If Member fails to make payment within five (5) days after such notice, ArtisHouse may (a) suspend access to and use of Studio and remove any and all properties and belongings of the Member, at Member’s cost and expense; (b) terminate Member’s membership effective immediately upon notice, and/or (iii) charge a late fee equal to ten percent (10%) of the outstanding amounts on the monthly invoice.

Any payment by Member which remains unpaid for longer than ten (10) days shall accrue interest at the greater of: (i) eighteen percent (18%) per annum; or (ii) the maximum rate permitted by law.

Upon termination or cancellation of membership, any unpaid balance for services, membership fees, or otherwise will become immediately due. ArtisHouse reserves the right to charge past due balances and related charged to Member’s account.

Term; Termination; Cancellation

The “Membership Commencement Date” shall be the date which Member pays the first month membership fee and the term shall automatically extend for successive one (1) month periods unless and until terminated in accordance with these Terms. Each one (1) month term shall be referred to as a “Membership Period”.

A day pass shall commence as of the date the person activates the day pass and shall expire at 5:00 P.M. on the same day, regardless of the time of activation. Such person shall have up to thirty (30) days to activate the day pass once sign-up is completed.

Cancellation by Member of its membership requires at least fifteen (15) days’ written notice prior to expiration of the next Membership Period (the “Cancellation Deadline”). Payment authorization will remain in full effect until ArtisHouse receives proper and timely notification. Member must pay any outstanding monies due upon cancellation. Member shall be permitted to use the Studio until the expiration of the applicable Membership Period. No refund of monthly membership fees will be made to Member if Member cancels after the Cancellation Deadline. Termination of membership will be effective at the conclusion of the applicable Membership Period.

ArtisHouse reserves the right to terminate any membership at any time for any reason, including, without limitation, if: (a) Member fails to make any payment of monies when due; (b) fails to observe any of the rules and regulations promulgated by ArtisHouse from time to time; and/or (c) violates these Terms. ArtisHouse reserves the right at its sole discretion to reject any application or renewal of membership without providing any reason for doing so.

Upon the termination or expiration of Member’s membership, Member will remove all of Member’s property from the Studio. After providing Member with two (2) days’ notice, ArtisHouse will be entitled to dispose of any property remaining in or on the Studio after such termination or expiration and will not have any obligation to store such property. Notwithstanding the foregoing, Member shall be responsible for paying any fees reasonably incurred by ArtisHouse in connection with any removal, handling, or storage of any Member’s property. Member hereby waives any claims or demands regarding such property or the handling or disposal of such property. ArtisHouse shall have no implied obligations as a bailee or custodian, and Member hereby indemnifies ArtisHouse and agrees to keep ArtisHouse indemnified in respect of any claims of any third parties related to such property.

Should the Studio location close and not offer an alternative location, the Member’s membership will be cancelled. Member shall be relieved of the obligation of making payment for membership other than those received prior to the relocation or closure. Member’s sole remedy shall be to receive a refund of any unused portion of any prepaid funds.

Cancellation Policy - EVENTS

We require all customers to provide at least 24 hours notice when canceling or rebooking an event appointment. Late cancellations or no-shows will be charged for the full session using the payment method provided at booking. Clients arriving more than 15 minutes after their appointment start time will be considered a no-show. 

Indemnification; ATTORNEYS’ FEES

Member agrees to defend, indemnify, and hold harmless ArtisHouse and its affiliates and their respective officers, members, directors, employees, consultants, agents (collectively, the “ArtisHouse Parties”) and ArtisHouse’s landlord from and against any and all claims, losses, expenses, liabilities, settlements litigation, damages and/or costs (including, without limitation, fees, costs and other expenses of attorneys and expert witnesses) arising out of or related to: (a) any act or omission of Member or Member’s use of the Studio; (b) any violation of these Terms by Member; (c) any violation of applicable law, rule or regulation; and/or (d) infringement of any rights of a third party, including, without limitation, under N.Y. Civ. Rights Law § 50. For purposes of these Terms, references to ArtisHouse’s landlord shall mean SMC 526 Seventh LLC and Sutton Garrett Realty Associates Ltd or its successors or assigns.

ArtisHouse reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by Member at Member’s expense, and Member shall not in any event settle or otherwise dispose of any matter without ArtisHouse’s prior written consent.

In the event that ArtisHouse commences any action to enforce these Terms, including, without limitation, any action for nonpayment, ArtisHouse shall be entitled to recover all of its associated costs and expenses, including, without limitation, reasonable attorneys’ fees and costs of collection, from Member (in addition to all other damages which it might be entitled).

Disclaimer; Limitations of Liability

To the maximum extent permitted by law, Member waives any and all claims and rights against the ArtisHouse Parties and ArtisHouse’s landlords at the building and/or the Studio resulting from injury or damage to, or destruction, theft, or loss of, any property, person or pet.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ARTISHOUSE PROVIDES THE STUDIO, MEMBERSHIP AND SERVICES “AS IS” AND WITH ALL FAULTS, AND HEREBY DISCLAIMS WITH RESPECT TO THE STUDIO AND SERVICES ALL WARRANTIES AND CONDITIONS, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO, ANY (IF ANY) WARRANTIES, DUTIES, OR CONDITIONS OF OR RELATED TO: MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, RESULTS, WORKMANLIKE EFFORT AND LACK OF NEGLIGENCE. ALSO, THERE IS NO WARRANTY, DUTY, OR CONDITION OF TITLE, QUIET ENJOYMENT, QUIET POSESSION, AND CORRESPONDENCE TO DESCRIPTION OR NON-INFRINGMENT CONCERNING ANY USE OF THE SERVICES. THE ENTIRE RISK ARISING OUT OF PARTICIPATION AS A MEMBER OR IN THE USE OF THE STUDIO REMAINS WITH MEMBER.

To the maximum extent permitted by law, the aggregate monetary liability of any of the ArtisHouse Parties to Member for any reason and for all causes of action, will not exceed the aggregate amount paid by Member to ArtisHouse during the first three (3) months of the term. Neither of the ArtisHouse Parties and ArtisHouse’s landlord will be liable under any cause of action, for any indirect, special, incidental, consequential, reliance or punitive damages, or any loss of profits or business interruption. Member acknowledges and agrees that Member may not commence any action or proceeding against ArtisHouse, ArtisHouse’s landlord and/or any of the ArtisHouse Parties, as applicable, whether in contract, tort, or otherwise, unless the action, suit, or proceeding is commenced within one (1) year of the cause of action’s accrual.

ArtisHouse will not be liable for, and will not be considered in default or breach of these Terms on account of, any delay or failure to perform arising out of or caused by, directly or indirectly, forces that are beyond ArtisHouse’s reasonable control, including, without limitation; any conditions under the control of ArtisHouse’s landlord at building in which the Studio is located; acts or orders of Government; acts of God; epidemics or pandemics; or public health emergencies.

By using the website or Brivo, Member acknowledges and agrees that internet transmissions are never completely private or secure. Member understands that any message or information Member send to the website or Brivo may be read or intercepted by others, even if there is a special notice that a particular transmission (for example, credit card information) is encrypted.

Nature of Agreement; Relationship of Parties

Member and ARTISHOUSE agree that this relationship is not that of landlord-tenant or lessor-lessee, and THESE TERMS in no way shall be construed as to grant any Member any title, easement, lien, possession or related rights in ARTISHOUSE’s business, the STUDIO, or anything contained in or on the STUDIO. MEMBER AGREES THAT ThESE TERMS create no tenancy interest, leasehold estate, or other real property interest. TO THE MAXIMUM EXTENT PERMITTED BY LAW, MEMBER SHALL NOT SEEK TO RELY ON OR INVOKE PROTECTIONS AVAILABLE TO TENANTS UNDER APPLICABLE LAW, STATUTE, OR OTHERWISE. Member and ArtisHouse shall each be independent contractors in the performance of their obligations under these Terms, and these Terms shall not be deemed to create a fiduciary or agency relationship, or partnership or joint venture, for any purpose.

These Terms are subject to and subordinate to ArtisHouse’s lease and to any supplemental documentation and to any other agreements to which ArtisHouse’s lease is subject to or subordinate.  However, the foregoing does not imply any sublease or other similar relationship involving an interest in real property.

Updates to the Terms

ArtisHouse will provide notice of any changes to membership, fees, or other updates via email. It is Member’s responsibility to read such emails and to ensure Member is aware of any changes, regardless of whether ArtisHouse notifies Members directly. ArtisHouse may from time to time update these Terms, or its policies or procedures in its sole discretion, and will endeavor to provide notice to Member of these updates. Continued use of the Studio and/or payment of membership fees following five (5) days from ArtisHouse’s provision of notice will constitute acceptance of the new terms.

Intellectual Property; Promotion

Member shall not take, copy or use for any purpose (a) the name “ArtisHouse” or any of its other business names, trademarks, service marks, logos, designs, copyrights, patents, trade secrets, trade dress, marketing material, other identifiers or other intellectual property (“Intellectual Property”); (b) any derivations, modifications or similar versions of the same; or (c) any photographs or illustrations of any portion of the Studio, for any purpose, including competitive purposes, without ArtisHouse’s prior consent in its sole discretion. Member acknowledges that ArtisHouse owns all right, title and interest in and to its Intellectual Property.  Additionally, Member shall not take, copy or use any information or intellectual property belonging to other Members, including without limitation any confidential or proprietary information, personal names, likenesses, voices, business names, artwork, trademarks, service marks, logos, trade dress, other identifiers or other intellectual property, or modified or altered versions of the same. 

Member consents to ArtisHouse’s perpetual, royalty-free, non-exclusive, and non-transferable use of the Member’ name, likeness and Member’s artwork created in the Studio, on public-facing marketing and promotional materials, regardless of the media form, including, without limitation, displaying such on the ArtisHouse website or republishing such content in print or digital mediums.

ASSUMPTION OF RISKS

Member acknowledges that the Studio is unsupervised, and Member assumes all risks associated with the use of Studio and any equipment therein. In consideration of Member’s membership and use of the Studio offered by ArtisHouse, Member knowingly and freely assumes the risk of any and all accidents or injuries of any kind that may be sustained by, or in connection with, use of the Studio and/or the building. 

ArtisHouse or ArtisHouse’s landlord will not be responsible for the loss, theft, disappearance, or damage to any personal property, including art, art supplies, money, or jewelry belonging to Member. MEMBERS ARE STRONGLY ENCOURAGED TO LEAVE VALUABLES AT HOME OR TO KEEP THEM ON THEIR PERSON AT ALL TIMES. 

ArtisHouse does not control and is not responsible for the actions or inaction of other Members, their authorized parties, or any other third parties. If a dispute arises between any Members or their invitees or guests, ArtisHouse shall have no responsibility or obligation to participate, mediate or indemnify any party.

Except for those claims based upon willful misconduct or gross negligence of ArtisHouse, Member agrees, to the fullest extent allowed by law, to fully release, discharge, indemnify, defend, and hold harmless, ArtisHouse, its owners, officers, directors, members, shareholders, employees, agents, lessors of premises and equipment, and affiliates and ArtisHouse’s landlord (“Releasees”), and to assume responsibility for any and all present and future claims or demands resulting in injury, death or property damage, whether caused by the negligence of Releasees or otherwise, while Member is in, or about the Studio or the building in which it is located, or any facilities or equipment, or taking part in any activities associated with the Studio. Member understands that the ArtisHouse is relying upon the Member’s acceptance of this provision in agreeing to grant a membership to Member.

Miscellaneous 

Member shall not assign their membership to any extent without the written consent of ArtisHouse. The headings in these Terms are for convenience only and are not to be used to interpret or construe any provision of these Terms. These Terms shall be binding upon and inure to the benefit of the parties and their respective successors and permitted assigns. All notices shall be in writing. If any provision of these Terms are invalid or unenforceable, the balance of these Terms shall remain in effect. A waiver of any breach of any provision of these Terms must be in writing. These Terms represents the entire agreement with respect to matters contemplated herein and supersedes any prior oral or written agreements or undertakings between Member and ArtisHouse with respect to such matters. Each provision of these Terms shall be considered severable. To the extent that any provision of these Terms is prohibited, unenforceable, or otherwise limited, these Terms shall be considered amended to the smallest degree possible in order to make these Terms effective under applicable law. No failure or delay by ArtisHouse in exercising any right or remedy under these Terms or by law shall constitute a waiver of that or any other right or remedy, nor preclude or restrict its further exercise.  No single or partial exercise of such right or remedy shall preclude or restrict the further exercise of that or any other right or remedy. 

Member and ArtisHouse agree that these Terms or any other dispute relating to the Studio and/or membership shall be construed in accordance with the laws of the State of New York without regard to the conflicts of law provisions thereof. Member and ArtisHouse further agree to bring any claims or actions arising out of or relating to these Terms exclusively in a state or federal court of competent jurisdiction sitting in the County of New York, New York and to submit to the jurisdiction of those courts and waive the right to seek a change of venue to any other jurisdiction.