Prior to applying to ASPCO, we ask that you familiarize yourself with our membership agreement below.
This Agreement is made by and between Artists Screen Printing Cooperative (“ASPCO”), a Texas non-profit cooperative association (“Co-op”) and the individual or company (“Member”) as designated on the Membership Application appended hereto.
Whereas the purpose of the Co-op is to provide a physical space and equipment for the benefit of the members, to promote an artistic community and allow for artist control and autonomy in the screen printing process.
The purpose of this Agreement is to establish the basic terms of membership in the Co-op and to offer Co-op membership to Co-op Members on such terms.
The Co-op agrees as follows:
- To provide Member with a clean facility with the equipment (though Members are responsible for own supplies) necessary for creating artistic works through screen printing, available on a first come, first serve basis.
- That any artwork created by the Member while in Co-op facilities using Co-op equipment remains the sole property of the Member. Co-op has no rights in any Member creations.
- To provide 30 day written notice to all Members in the event of a change in Member terms or policies or in the event there will be an event that will inhibit Member use of facilities and equipment.
- The Co-op offers three levels of Membership: Artist Member, Associate Member, Project Member (referred to collectively herein as “Member” or “Members”). The differences in Membership are explained in the ASPCO document “Information for Prospective Members.”
Member agrees as follows:
- Membership Dues. To pay Membership Dues as set by the Board of Directors. Membership Dues must be paid each calendar year on the anniversary of membership.
- Usage Fees. To pay Usage Fees as set by the Board of Directors commensurate with Member’s agreed level of membership, and as indicated on the Membership Application appended hereto.
- Paid in Full. Use of the equipment and facilities will not be permitted until the appropriate Usage Fee, depending on membership level, has been paid in full.
- Members Own Risk. The Co-op will offer equipment and facilities to Members based on availability. However, it is Member’s responsibility to learn the proper use of equipment and facilities. Member recognizes that equipment and supplies in the space are to be used at Member’s own risk. Member will make every attempt to leave equipment and supplies set up in a safe manner for other’s use. It is Member’s responsibility to determine whether Member will be able to use the equipment and supplies safely, and without causing harm to self, the equipment, supplies or facility. Member shall hold the Co-op harmless from any loss, theft, cost, claim, injury, damage or liability incurred as a result of use of the Co-op facilities and equipment.
- Member’s Liability for Damage. In the event of damage to the equipment, supplies, or ASPCO facility during the course of Member’s actual use of the equipment, supplies, or facility, it will be up to the Board of Directors to determine whether damage was normal wear and tear or damage that the Member is responsible for. In determining responsibility for damage, the Board will judge whether the damage was caused intentionally, by recklessness or neglect. In the event the Board of Directors determines that the damage was not caused by normal wear and tear, but rather was caused intentionally, or through recklessness or neglect by the Member, it will be Member’s sole financial responsibility to replace or repair the equipment, supplies, or facility back to the state it was in prior to the damage, and the Board, at its discretion, may suspend Member’s access to the facilities and take Usage Fees, which will be considered forfeited, to put toward payment for repairs. In the event the cost of damage is in excess of the forfeited usage fees, Member is personally liable to co-op for the remainder, as well as any fees incurred by the Co-op required to recoup payment for damage.
- Member Involvement. Member will provide time and expertise to the extent possible, to the Co-op to assist in meeting the goals of the Co-op.
- Co-op Usage. Member understands that the Co-op is created for the benefit of all Members and will respect other Members by keeping occupation of Co-op facilities within scheduled times.
- Respect for Space. Member acknowledges that Member-to-Member networking is encouraged but that it should not intrude on other’s use of the Co-op space.
- Notice by Email. All notices and documents pertaining to the Co-op may be delivered to Member solely by email, and receipt of such materials by email shall be considered receipt for all business and legal purposes. Members waive any requirements for delivery of any documents or notices from the Co-op other then by email.
- Co-op Reputation. Member agrees that, during the term of this Agreement, until terminated as provided herein, the Parties shall endeavor to protect and further the reputation of the Co-op.
- Board of Directors. The management and control of the Co-op, but not the business or affairs of any individual or group Co-op Member, shall rest exclusively with the Board of Directors. Members, other then the Board of Directors, shall not have the right, power or authority, to act for, execute, any document or instrument on behalf of, or otherwise bind the Co-op in any manner.
- Representation. Members, other then the Board of Directors, shall not represent that they are employees of the Co-op and shall have no authority or power whatsoever to enter into any agreement, contract or commitment on behalf of the Co-op or create any liability or obligation whatsoever on behalf of the Co-op.
- Rules, Policies, Regulations & Schedules. Member agrees to abide by any rules, policies, regulations and schedules of the Co-op, which may be posted at the Co-op or electronically. If at any time a member fails to observe the rules, policies, regulations or schedule of the Co-op that will be grounds for the Board to carry out expulsion proceedings.
- Expulsion. Breach of any clause in this Agreement, whether or not so stated in the individual clause itself, or behaving in a manner contrary to the best interest of the Co-op or the Co-op’s Members will be grounds for the Board to carry out expulsion proceedings as provided for in the Bylaws Article 7, Section 8 and the Texas Business Organizations Code Section 251.152. In addition, the Co-op may suspend Member access to facilities immediately pending a meeting for expulsion at any time that the Member engages in behavior that is criminal (including copyright or trademark infringement), unsafe or objectionable to other members, or for reasons of nuisance, disturbance to other Members, moral turpitude or fraud.
- Term. This Agreement shall take effect upon acceptance of membership, and shall remain in full force and effect until terminated. All memberships are good for one (1) year, and may be renewed at the end of that year.
- Membership Dues and Usage Fees. Private access to the Co-op facilities will only be permissible when all dues and fees are paid in full. When Members have paid membership dues but not usage fees, they will still retain the right to vote, and to participate in Co-op events. Members may choose to pay for usage of the facilities for 1 month, 6 months or 12 months at a time, and a Member may pay fees in installments, however the current month must be paid in full prior to private use and access to the facilities.Artist Members may pay in installments of $115 per month using the PayPal automatic draft subscription. Upon payment of the first month installment of $115, Artists will be considered “paid in full.” If a Member defaults on payment in subsequent months, the Artist Membership will be suspended until past due installments are paid.Associate Members pay in installments of $80 per month for 6 months using the PayPal automatic draft subscription. This payment arrangement will be considered “paid in full.” If a transaction is rejected or returned for any reason, Members status will immediately be changed to “unpaid” and benefits during months of patronage will be suspended until the remaining balance is paid.Project Level Members must pay $225 in full ($200 in subsequent months of usage during the 12 month period of membership) using PayPal, Square or personal check.
- Termination and Refunds. In the event a member terminates membership with the Co-op voluntarily or not, with or without reason, only the membership dues ($25) will be refundable, minus any debt to the Co-op. Any money paid into the Co-op as usage fees are not refundable even if the termination of membership is prior to the end of the months of patronage paid for. To cancel membership before the completion of the term of the membership, the member must follow the procedure set out in the Bylaws Article 6, Section 8.
- Limited Memberships. Memberships may be limited so that members may have reasonable access to Co-op facilities.
- Requirements of Membership and Orientation. Requirements of Membership are mandatory and necessary. All Members are owners of the Co-op and equally responsible for sustaining it. In the event there is an unavoidable conflict and a Member cannot fulfill a Requirement of Membership (as defined in the ASPCO Information for Prospective Members) the Member must give notice of the inability to fulfill the Requirement of Membership in advance by contacting a designated Board Member. The Board will offer an alternative Membership Requirement that the Board deems equal to the Membership Requirement that Member cannot fulfill. Member may either perform the alternative Membership Requirement or pay a fee set by the Board based upon what the Board determines to be fair in light of the unfulfilled Membership Requirement. Failure to notify the Board in advance, perform alternative Requirement of Membership or pay the fee can all result in expulsion from the Co-op. Members are required to participate in an initial orientation to ensure proper and safe use of all equipment before they are permitted independent access to the facilities and equipment.
- Loss of Property. Storage will be offered to Members based on availability. Members without storage are urged to not bring valuables onto Co-op premises and to keep valuables with them at all times. Members with storage are urged to buy individual locks for storage spaces. The Co-op shall not be liable for the disappearance, loss, theft or damage to personal property, including money or supplies left in the work station, or in the storage area. Case goods are not to be left in the co-op at any time, unless on the individual member’s shelf. All case goods are to be removed from the co-op after a print session is complete.
- Proof of Membership. Membership privileges are limited to the person in whose name the membership is issued. Improper use of the membership can result in expulsion pursuant to the Bylaws Article 7, Section 8.
- Change in Facilities, Equipment or Operating Hours. As a result of repair, maintenance, or special occasions, the co-op may be required to restrict the use of certain equipment, or temporarily close the facility from time to time. There will be no reduction, suspension, abatement, reduction or apportionment of Membership Due or Usage Fees when the above-mentioned occurs, unless approved by the Board of Directors and granted equally to all members.
- Special Events. The co-op may from time to time reserve the use of its facilities for special events, classes, fundraisers and private functions.
- Non-Discrimination. Members will not discriminate against any person because of sex, race, creed, age, sexual orientation, color, national origin or ancestry in any activities of the Co-op. The minimum age of membership is 18, unless parental permission and Co-op consent is given by the Board of Directors.
- Change in Rules, Regulations and Policies. The Board of Directors has the right to change the rules and regulations or policies at any time.
- Transferability and Assignment. This Agreement may not be assigned or transferred to another party nor its duties neglected by either party to this Agreement.
- Severability. In the event that any provision of the Agreement is determined to be invalid or unenforceable, the validity and enforceability of the remaining provisions in the Agreement shall not be affected.
- Governing Law. This Agreement, and any claims or disputes relating thereto, shall be governed by and construed in accordance with the laws of the State of Texas, without giving effect to the principles of conflict of laws thereof.
- Jurisdiction and Venue. This Agreement and any litigation between the parties shall be governed by, construed in accordance with, and interpreted pursuant to the laws of the State of Texas, and the parties submit to the jurisdiction of, and exclusive venue shall be in the Courts of Travis County, Texas. The parties hereto waive any challenge to personal jurisdiction or venue (including, without limitation, a challenge based on inconvenience) in Travis County, Texas.
- Mediation. Member and ASPCO agree that any and all disputes arising from the Agreement will first be handled by mediation administered by a mediator to be mutually agreed upon by ASPCO and Member, before resorting to arbitration, litigation, or some other dispute resolution technique. In the event the parties are unable to agree on a mediator, mediation services shall be provided by Travis County Mediators. At the outset of any dispute, ASPCO and Member shall write down the issue that needs resolution and moving forward disputes shall be limited to the initial complaint written down, and neither party may add on additional grievances.