Membership Agreement

Denhac Membership Agreement

This membership agreement is a contract that discusses member rights, responsibilities, and expectations of all members or guests of denhac. This membership agreement references a number of official policies that are available for member review. These documents can be found on denhac’s website.

denhac and Member hereby agree to the following terms:

  1. Definitions
    The following terms will have the stated meanings for purposes of this Agreement:
    1. Full Member, Member. A denhac Member has had their ID verified by an authorized denhac agent and has been issued an RFID card. Member has full access to the space and tools.
    2. Pending Member. A Pending Member is one who has paid but has not yet had an ID check and been issued an RFID card. Pending members do not have full access to the space and are not yet allowed to use any tools.
    3. Denhac Agent. “Agent” refers to any authorized agent who is able to represent denhac in an official capacity. Generally applies to any member of the Board and/or any of our Managers.
    4. The Building, The Space. The “Building” and/or “Space” means the real property located at 700 Kalamath Street, Denver, CO 80204, as well as the adjacent alley and parking lots located on the property.
    5. The Website. “Website” refers to the site running at denhac.org, which all members use for signing up, providing profile/contact information, saving payment methods, voting in member-only polls, and other such functions. Most all denhac services interact with the website in some capacity.
    6. Hackerspace. “Hackerspace” means the spaces in the Building defined by denhac for use by hackerspace members under the terms of this Agreement.
    7. Common Areas. “Common Areas” means the spaces in the Building defined by denhac that may be used and accessed by all denhac members, unless otherwise reserved by a denhac member.
    8. Board, The Board. Denhac’s Board of Directors. A full description of denhac’s Board is linked here.
    9. Bylaws. The articles established by denhac regarding regulation and proceedings of the organization as a whole, which are linked here.
    10. Wiki. The collective knowledge base perpetually being built by Members and Agents of denhac, which is linked here.
    11. Official Policies. The policies and procedures of denhac, as approved by the Board of Directors, which is linked here.
    12. Liability Waiver. The denhac Waiver, Release of Liability, and Hold Harmless Agreement, which is linked here.
  2. Membership
    1. Agreement, Limitation of Liability & Waiver. All members, guests, and participants, enter into this Agreement as a condition of membership and as a part of participating in denhac activities and/or events, and extends to denhac and its affiliates. All members, guests, and participants, have read, understood, agreed to and signed denhac’s “Waiver and Release of Liability, Indemnification and Assumption of Risk, and Hold Harmless Agreement” herein called “Waiver”, which will be provided simultaneously with this Membership Agreement prior to the use of facilities, and/or attendance at any workshop provided by the denhac. No member or non-member is permitted to use the facilities, tools, or machinery for any reason without the acceptance and signing of the Waiver. Acceptance of this Membership Agreement implicitly constitutes acceptance of the waiver as well.
    2. Membership Term. The Membership Term, and Member’s obligations to pay monthly Membership Dues, will be structured as follows:
      1. Pending Member signs up online through the website. Their payment is accepted, saved, and their account is created. The membership subscription is immediately paused, and no further payments will be collected until Member has been issued a keycard. They are provided instructions to visit the space in person in order to have their ID verified and to be issued an access keycard.
      2. Pending Member visits the space, speaks with a denhac Agent, has their ID verified, and is issued an access keycard to the building. Keycards usually activate within a few minutes. When a keycard is issued and ID verified, Member’s subscription payments reactivate from that date forward. Member will not be enrolled in automatic recurring payments until they have received an access keycard.
      3. Member now has full access to the space and all benefits provided. Dues will be automatically charged against whichever payment method Member originally used to sign up, with the next payment starting one month after Member’s ID was verified and their keycard was issued.. Member can modify their payment method at any time through the website.
      4. Membership dues will continue to be charged on the subscription interval (generally Monthly on the same day of activation unless otherwise specified), until either Member cancels, fails to pay, or has their Membership status revoked.
      5. If Member cancels their own Membership, they will continue to have full access to all Member benefits until the date of what would be their next renewal, at which point the membership will be officially cancelled.
      6. Any Member who has their Membership terminated due to disciplinary action, violation of policies, or anything else that would place them in a position of poor standing with the organization, is ineligible to re-purchase a membership without approval from the Board.
  3. Benefits of Membership
    In addition to use of the Hackerspace indicated above, Member’s benefits of Membership include the following:
    1. Building Access. Membership allows 24-hour access to the Hackerspace and Common Areas of the Building via RFID keycards issued by denhac. The sharing of keys, key fobs and/or codes with others, regardless of whether or not they are denhac members, is strictly forbidden without prior authorization from a denhac Agent.
      1. Restricted Areas. There are spaces in our building that denhac does not rent. If it is not a common space or part of denhac’s space, you are not allowed access.
      2. Common Areas. There are a few spaces in the building that are shared by all tenants, such as the bathrooms and kitchen area. Please be respectful and considerate of the shared spaces as appropriate.
    2. Voting Privileges. Members in good standing are eligible to vote in board elections and other such events as defined in the Bylaws.
    3. Wifi Internet Service. Member will be provided with secured wifi internet service (shared by other members at the space by best effort of volunteer support) at no additional cost.
    4. Events. Invitation to participate in certain exhibitions and events organized or hosted by denhac.
    5. Hackerspace Equipment
      The Hackerspace will generally be equipped with equipment common to the workspaces available for Member’s use. For a more comprehensive list of the available equipment, please visit the denhac wiki. Materials for specific processes (laser cutter, 3d printer filament) may be available but these are not guaranteed. At the time of this writing, denhac has the following main spaces available:
      1. Metals shop
      2. Woodworking shop
      3. CNC room
      4. Electronics room
      5. Laser cutting area
      6. 3d printer array
      7. Crafts and fabrics room
      8. Classroom
      9. Lounge
    6. Additional Equipment. Additional equipment may be added to the hackerspace from time to time that may require additional regulations. Member agrees to abide by any and all regulations and access requirements denhac deems necessary in its sole discretion.
    7. Member Storage.Members may choose to utilize our Member Storage area for anything reasonable they wish to leave at the space between visits. Each member is granted, by request, a single large (~20 gallon) clear plastic storage container with a lid. All of Member’s storage must fit inside this container, and the lid must be able to close securely. Additionally, the container must be clearly labeled with the Member’s name, Member Code (found in the Account section of the website), or both. The container must be stored with the member label visible from the outside. This is the only approved storage container for our Member Storage area. Denhac is not responsible for any items left outside Member’s storage container, stacked near it, in front of it, on top, etc. In the event we have to reorganize the storage space, we cannot be held liable for the loss or misplacement of any items that Member has not clearly and unambiguously stored within their approved storage container. It is against policy for any Member to take items from another Member’s storage unless said item is an apparent and obvious hazard (electrical, biological, radioactive, etc).
  4. Hackerspace Use
    Member agrees to abide by the Terms as outlined, or as they may be modified by denhac from time to time. Member understands that the Hackerspace is intended to be used only as an individual’s work space, and that Member may not offer classes or regular individual instruction in the Hackerspace or anywhere else in the Building unless specifically authorized by denhac to do so. Member is explicitly prohibited from using denhac or any associated resources in the pursuit of any commercial or for-profit activity.
    1. Liability Waiver
      denhac’s Liability Waiver is incorporated into this Agreement by reference. Member agrees to be bound by the terms of the liability waiver as attached and as may be modified from time to time by denhac. If and when modified, Member will be provided with an updated version. Failure to agree to any updated liability waiver may be considered cause for denhac’s termination of this Agreement.
    2. Non-Exclusivity
      Member agrees and understands that the Hackerspace is for use with other Members. Member may not designate or claim any portion of the Hackerspace for their exclusive use or store anything in the Hackerspace except as defined by the Member Storage policy.
  5. Member Obligations
    In addition to the above, Member promises the following:
    1. Member will not allow damage to any area of the Building.
    2. Member will not allow waste of the Utilities or Services provided by denhac.
    3. Member will make no alterations or additions to the Hackerspace without prior authorization from a denhac Agent.
    4. Member will not remove fixtures from any area of the Building.
    5. Member will not engage in any activities in or around the Building that are unlawful, illegal, or unreasonably dangerous.
    6. Member will notify denhac in writing of any damage, injury, or other reportable incident that occurs while in or around the Building.
    7. Member will adhere to any and all space-specific policies that denhac establishes.
    8. Member will follow required procedures for closing down and securing the Building when they are the last member to leave the space.
    9. Member will not prop open any doors meant to be secured by member keycards.
    10. If Member’s phone number, mailing address, emergency contact information, or any other relevant member details change at any time during the Membership Term, Member will timely provide the new contact information to denhac by updating their user profile on the website.
  6. Member Conduct
    1. All members, guests, and participants at denhac agree to treat all members and guests with courtesy and respect regardless of level of experience, level of ability, level of interest, gender, gender expression, sexuality, age, race, creed, color, origin, or personal experience. The following actions are prohibited by members and guests while at denhac:
      1. Disregard for personal safety.
      2. Reckless endangerment of others.
      3. Intentional damage or theft of denhac equipment or members’ and guests’ personal belongings.
      4. The use of denhac equipment, facilities, or network to perform any act deemed illegal by State, Federal, or Local law.
      5. Violence or threats of any kind.
      6. Demonstrated inability to treat any person, member, organization, or facility with respect.
      7. Harassment (see below).
    2. It is the responsibility of each member to help enforce the Membership Agreement. If someone is violating the Membership Agreement, please politely explain to them why their behavior is not acceptable. A person observing a conduct violation is not explicitly required to intervene directly for personal safety reasons, but the person is required to report the incident to an authorized agent of denhac as soon as is reasonably possible.
    3. Only persons or members that have been formally authorized to act as an agent or representative for denhac, are permitted to represent in any and all conversations, writing, or other communication with any public official or service provider. Failure to secure permission may result in the forfeiture of membership.
  7. Member Responsibilities
    Members agree to and assume the following responsibilities for:
    1. their actions, physically and electronically, within the organization and its spaces including but not limited to the facility, online communication methods, and events.
    2. their personal belongings at all times, including but not limited to supplies, tools, projects, and personal effects.
    3. cleaning up any materials, projects, waste, tools, discards, scraps, trash, food, mess, smells, chemicals, paint, etc that they create. Attempt to leave the facility better than it was found.
    4. contributing to the general improvement and maintenance of the facility, tools, equipment, operations, and community .
    5. reporting any items, tools, or equipment in the facility that are missing, broken or otherwise not behaving as expected, to an appropriate denhac Agent (which in this instance includes the Contact Us form on the website), including the item name, location, and detailed description of the occurrence. When something breaks, own up to it. If there is doubt about fixing it, ask for help. Do not chastise or shame someone for breaking things, help them understand what went wrong.
    6. not living in, residing in, or inhabiting denhac, including the parking lot and area surrounding the building. Naps are prohibited, provided it is not a repeating occurrence, and does not inhibit another member’s use or enjoyment of denhac.
    7. appropriate clothing, safety gear, footwear, hygiene, and other such personal concerns.
    8. any non-member they permit to enter the facility. If a person without card access requests entry to the space, they must be a guest at a public event or a guest of a member in good standing. If they claim to be a member, ask a denhac Agent to verify their membership before allowing unsupervised access. Do not provide the door code, under any circumstances.
    9. maintaining a safe and clean environment at all times.
    10. returning all tools and equipment to their designated location. Notify a denhac Agent if a designated area is not available and make an effort to create or identify a location. All tools must remain on site at all times. Removal of materials, tools, or equipment that is not the property of the member will be considered theft.
    11. providing accurate information. For purposes of identification and billing, Member agrees to provide denhac with current, accurate, complete and updated information including name, address, phone/text number, e-mail address and current payment information. Member agrees to promptly apply any changes to their contact information by updating their member profile on the website. Member also agrees to provide a phone or text number for an emergency contact.
    12. receiving transactional emails about essential organization activity, such as payment updates, voting and election notifications, and important information relating to the organization.
  8. Guests
    1. Guests must agree to the Liability Waiver in order to be permitted access to the space.
    2. Guests may only be present in denhac with a Member present and under their direct supervision.
    3. Guests are not allowed to use tools and equipment, except as part of a scheduled class/workshop.
    4. Members are responsible for their associated Guests and their actions.
    5. Guests are not permitted to walk around the space unsupervised.
  9. Minors
    1. Minors 18 and under must be accompanied closely (ie. visual range, and immediate reach when near dangerous tools) by Parent or Legal Guardian at all times and are not permitted to have unsupervised access to the facility, with the exception of the Classroom and/or Lounge areas. The safety of any minors is the explicit responsibility of the Parent or Legal Guardian.
    2. Minors under the age of 18 must sign the waiver, and have it co-signed by a Parent or Legal Guardian.
    3. Parents/Legal Guardians are directly responsible for their children and their actions.
  10. Safety
    1. Members, and guests are permitted to use the facilities, tools, or machinery provided they comply with all policies and safety procedures including, but not limited to:
      1. Fulfilling the prerequisites determined by the appropriate denhac Agent
      2. Completing the required authorization(s)
      3. Completing any accompanying continued education courses required for authorization.
    2. Anyone that is asked to cease unsafe, dangerous, or damaging behavior is expected to comply immediately, until which time appropriate processes can be determined.
  11. Non-Discrimination
    denhac does not promote or discriminate against any person, population group, or organization with regard to categories protected by applicable United States law. These include, but are not limited to race, color, religion, sex, gender expression, sexuality, physical appearance, language, education background, national origin, age, disability, and veteran status.
  12. Anti-Harassment
    All members must avoid any behavior or conduct that could reasonably be interpreted as harassment. Members are allowed to express the socializing limits they wish to have with another member; members must abide by that limit. Behavior considered as harassment includes, but is not limited to:
    1. Offensive comments including epithets, slurs, negative stereotyping, verbal kidding, teasing, jokes, or intimidating acts related to race, religion, gender, gender identity and expression, sexual orientation, disability, or physical appearance.
    2. Gratuitous sexual or obscene objects, images, or behavior.
    3. Unwelcome physical contact or sexual attention without consent or after a request to stop.
    4. Subtle or explicit demands for sexual activity.
    5. Continued or repeated verbal abuse.
    6. Threats or incitement of violence towards any individual, including encouraging a person to engage in self-harm
    7. Deliberate intimidation by words, gestures, body language, or menacing behavior
    8. Stalking
    9. Harassing photography or recording, including logging online activity for harassment purposes
    10. Continued one-on-one contact or communication after requests to cease
    11. Deliberate “outing” of a sensitive aspect of a person’s identity without their consent
    12. Deliberate misgendering. This includes dead-naming or persistently using a pronoun that does not correctly reflect a person’s gender identity
    13. Discussions about explicit sexual behavior or interests.
  13. Hazardous Substances or Activities
    Member must not use any hazardous substances or engage in any hazardous activities, above and beyond the commonly understood intended use of equipment in the Hackerspace, without first requesting permission, in writing, from denhac. Permission may be granted at denhac’s sole discretion upon Member’s satisfactory demonstration of their competency in safely handling such substances or doing such activities, and Member’s provision, at their own expense, of any safety apparatus, equipment, tools or the like deemed necessary by denhac. If such permission is granted by denhac, the allowed substances or activities will be detailed in writing,signed by denhac and Member, and incorporated into this Agreement by reference.
    1. Hazardous Substances” mean materials that may cause or pose a present or potential hazard to human health or the environment when improperly used, stored, disposed of, generated, or otherwise handled. The term “Hazardous Substances” is used in its very broadest sense and includes without limitation any and all hazardous, inflammable or toxic substances, materials or waste as defined by or listed under State and Federal Environmental Laws.
    2. Hazardous Activities” mean activities that, because of the substances, equipment, or processes involved, may cause or pose a significant or unusual, present or potential hazard to human health or safety when improperly used, done, stored, or otherwise handled. The term “Hazardous Activities” is used in its very broadest sense and includes without limitation, any use of the Hackerspace equipment that varies from the commonly understood intended use of said equipment.
  14. Assignment or Unauthorized Sharing
    This Agreement may not be assigned by Member to any other person or entity. Unauthorized sharing of the Hackerspace with non-members is prohibited.
  15. Damages to Persons or Property
    1. Damage to the Building or Equipment
      Member will be responsible for any loss, cost, or damage to the Building or Equipment caused by the willful or negligent conduct of Member, Member’s guests, invitees or by any person under Member’s direction or control. This does not include normal wear and tear.
    2. Damage or Injury to Member or Member’s Property
      denhac is not responsible for any injury or damage to Member or Member’s property. denhac is further not responsible for any of Member’s property that may be lost or stolen anywhere in or around the Building.
    3. Insurance
      Member may obtain general liability or property insurance if so desired. However, if Member uses any Hazardous Substances or engages in any Hazardous Activities on a regular basis, as reasonably determined by denhac, Member must obtain and carry hazard insurance, which policy must name denhac as an additional insured, and provide proof of such insurance coverage to denhac.
    4. Key or Key Fob Replacement
      Member will be charged for the cost of replacing any lost keycards granting access to the Building, including all reasonable costs incurred by denhac as a direct result of Member’s loss, at denhac’s discretion.
  16. Temporary Removal of Membership Rights and Privileges
    denhac may immediately temporarily revoke or suspend the rights and/or expel from the premises, online systems, or sponsored events, any members, guests, or participants found to be in violation of the membership agreement, bylaws, or policies by majority of the Board of Directors.
    1. Written notice of temporary removal of membership privileges and rights shall be sent to the member’s email on file, and be in-force immediately unless explicitly stated otherwise in writing.
    2. Members whose rights and privileges have been temporarily removed shall be allowed to return to the facility at scheduled times to speak directly with the Board, to collect or remove belongings under direct scheduled supervision of an authorized denhac Agent, or any other purpose at the discretion of the Board.
    3. If Member’s rights are removed for any reason, the organization shall not be required to refund any fees.
  17. Termination of Agreement
    Either denhac or Member may terminate this Agreement for any reason by cancelling the Membership and any recurring payments via the website.
    1. Termination for Cause. At its option, denhac may terminate this Agreement and revoke Member’s access to the Building immediately, or on a specified date in the future, for cause, which includes without limitation:
      1. Membership Dues being in arrears for an unreasonable amount of time, subject to denhac’s discretion.
      2. Member’s material breach of any of the Building Conduct and Use Terms referenced above.
      3. Any membership information provided by the Member to denhac is found to be false or misleading.
      4. The Member breaches any of the rules of this Agreement or the rules of the facility.
    2. If a future date for revocation is set, Member will still be responsible for payment of Membership Dues until that future date and denhac may accept Membership Dues for the period up to that date without giving up its rights under this Agreement or the law.
    3. In the event of termination, Member is also required to complete all steps described in “Expiration of Membership Term” such as removing their property and returning any issued keycards.
  18. End of Membership Term
    In the event that Member’s Membership is ended, through cancellation by Member, action by the Board, or any other event that effectively terminates the Membership, Member’s access to the Hackerspace will be revoked in accordance with the event causing the termination. In the event of cancellation by Member, access to the space is allowed to continue to the duration of their upcoming renewal date. In the event of termination due to breach of policy, inappropriate behavior, or other such disciplinary action, Membership will be terminated immediately (at the discretion of denhac). When the Membership Term expires, Member agrees to completely remove all property from the Hackerspace and Common Areas. If Member’s property is not timely removed and Member makes no arrangements to retrieve their property within 14 days of the Membership End Date, Member agrees and understands that their property will be considered abandoned, and will be removed, sold, or otherwise disposed of by denhac at its sole discretion.
  19. Reservation of Rights of the Organization, Warranty Disclaimer
    1. The Board reserves the right at any time to alter the hours of operation, and the right to amend the cost of, add, modify, assign, terminate, exclude and/or eliminate any membership, option, benefit, service, session, facility, activity, class or program by majority vote of the board.
    2. Material resources at the facility of denhac are subject to demand and may be crowded or unavailable at certain hours and events may be cancelled or times thereof changed at denhac’s sole discretion.
    3. denhac reserves and shall have the right to collect at any time any previous outstanding membership balances due and owing that have not been satisfied.
    4. Contributions to denhac’s infrastructure or systems relevant to the Corporation’s execution of of its purpose and goals, including but not limited to work, materials, tools, equipment, and intellectual property are implicitly owned by the organization from the time of application, unless otherwise documented through written contract or loan agreement between denhac and contracted parties, and filed with the Secretary of the organization.
    5. The facility, tools, materials, equipment, and all services associated with this membership and any workshops are provided on an “as is” and “as available” basis without warranties of any kind, either express or implied. denhac disclaims all warranties, express or implied, including, without limitation, implied warranties of merchantability and fitness for a particular purpose.
    6. All tools on site are the express property of denhac, unless otherwise noted.
    7. Member-owned items loaned to denhac must be accepted by an appropriate Agent of denhac. Members are required to enter into a loaned tool agreement. Submission of the loan agreement must be received and approved by a denhac Agent for the loan to be considered valid.
    8. Members are allowed to bring their own tools into the facility, but are required to clearly denote ownership and maintain their items in designated storage spaces included as part of membership or in accordance with temporary storage policies. It is the responsibility of the member to denote, maintain, and store tools not expressly on loan to denhac. Agents of denhac may limit the use of or disallow member-owned tools at their discretion. At no point is denhac responsible for any aspect of tools brought into the facility, regardless of whether or not they are on loan.
    9. Donations are accepted at the discretion of denhac Agents. Donation forms for tax purposes are available on request from the Treasurer of the organization.
  20. General Terms
    1. Notices
      A notice or demand to Member may be mailed to Member’s physical address, emailed to Member at the email address provided by Member, or handed directly to Member. A notice or demand to denhac must be mailed to: 700 Kalamath St., Denver, CO 80204, emailed to board@denhac.org, or handed directly to an authorized Agent of denhac.
    2. Changes to this Agreement
      All amendments, changes, or additions to the Membership Agreement shall be executed by a “vote of the Board of Directors”. In the event of any updates to this Agreement, notice will be provided to all Members, and any continued use of the Space shall be considered acceptance of the updated terms.
    3. Governing Law, Exercise of Rights and Remedies, Jurisdiction of Disputes
      This Agreement will be governed and construed in accordance with the laws of the State of Colorado and shall be venued in Denver County. Either party may use any or all of its legal rights and remedies. The use of one or more rights or remedies is not an election of remedies. In the event any Member commences legal action to enforce this Agreement, the Member agrees to pay denhac any and all reasonable legal fees and costs in connection forthwith. In the event of a dispute arising under the terms of this Agreement, denhac, at its sole discretion, may elect to resolve any claim by binding arbitration. Any disputes based on or arising out of this Agreement or its subject matter, whether based on contract, tort or other legal theory, shall be heard and determined by a judge of the Circuit Court of Denver, Colorado.
    4. Policies
      Member agrees to follow all policies now in force, or in the future, adopted by denhac, including, but not limited to policies with regard to use of equipment, services and Facility premises and amenities. Any delay or failure by denhac to enforce any policy or rule presented within or without this agreement will not constitute a waiver of denhac’s right to do so in the future.
    5. Rights of Publicity
      Member grants to denhac, the Board of Directors, and designated agents, the right to photograph, videotape and publish, visually and/or audibly, their likeness, projects and possessions for any purpose. denhac is not responsible for photographs taken by members and/or guests in the facility, or at events, or gatherings. Members and guests are expected to be respectful of any other member’s or guest’s personal space and privacy.
    6. Surveillance Cameras
      Denhac reserves the right to place surveillance cameras within the facility where necessary and appropriate to monitor certain public areas. Only the Board of Directors or designated Agents may have access to security footage on an as-needed case-by-case basis. Members may not install recording devices or cameras in the facility without explicit approval from the Board of Directors.
    7. Severability
      If any provision of this Agreement is determined by a court of law of competent jurisdiction to be invalid or unenforceable, such provision shall be modified to be within the limits of enforceability or validity, if feasible; however, if the offending provision cannot be so modified, it shall be stricken and all other provisions of this Agreement in all other respects shall remain valid and enforceable.
    8. Indemnification
      Member agrees to abide by all provisions of the Liability waiver, which is available here and is a requirement of active Membership.
    9. Entire Agreement
      This Agreement constitutes the entire agreement between the parties hereto pertaining to the subject matter hereof, superseding any and all other previous and contemporaneous agreements, understandings, proposals, conditions, warranties, representations or statements, oral or written, with regard to the subject matter hereof. Any previous agreements between the parties pertaining to the subject matter of this Agreement are hereby expressly canceled and terminated. Agreement to the terms of the membership agreement persist regardless of subsequent changes to the terms of the agreement. denhac will notify members of changes to the Membership Agreement using the contact information provided by the member.

I agree that I have fully read the Membership Agreement prior to signing up for a Membership, and I am fully aware that by entering into this agreement I am affecting my legal rights.