These Terms and Conditions set out below in which Do and Play Ltd (trading under ClayKilnCraft, hereafter the ‘Service Provider’) provides the services to the Members, hereafter the ‘Client’ with an open access place in the shared studios at 20 Church Road, SE19 2ET.
Both parties agree to be bound by this agreement in respect of the services of membership supplied by Do and Play Limited outlined below and the membership obligations on the Client.
The Client acknowledges that he/she has read these Terms and Conditions and understands and agrees to be bound by them.
It is agreed:
a) ‘Commencement Date’ means the start of the agreed term of membership.
b) ‘Services’ means the specific services to be provided by the Service Provider as set out in this Agreement and the Specifications of the Agreement.
c) ‘Fee(s)’ means the sum agreed to be paid by the Client on a monthly basis set against the length of the contract.
d) ‘Parties’ means the Service Provider and the Client and ‘Party’ shall mean either one of them.
e) ‘Studio’ ClayKilnCraft, 20 Church Road, SE19 2ET
f) ‘Members’ Other members working within the studio.
a) The Service Provider shall provide the Services to the Client in consideration for the Client paying the Fee to the Service Provider, subject to the provisions of this Agreement.
b) The Service Provider shall start providing the Services on the Commencement Date.
c) The Services shall be performed by such employees or agents that the Service Provider may choose as most appropriate to carry out the Services.
Duration of Membership:
Number of open access hours per week: 18
Opening hours are Monday-Friday 10am-9.30pm Saturday-Sunday 10am-5pm (subject to change from time to time with prior written notice). The studios will be closed on Christmas Eve, Christmas Day, Boxing Day, New Years Eve, New Years Day, Good Friday, Easter Sunday. It will be open on all other bank holidays. The Service Provider reserves the right to shut the studio with prior written notice (where possible) for essential maintenance work to be carried out.
The Client will be given their own key for the premises. There will be a key and tool deposit to pay of £50 on receiving the key from the Service Provider. This deposit is refundable when the contract terminates unless there has been misuse of the key and/or tools. The Client will be charged for any additional keys provided due to loss. In the event of theft of keys from the Client, the Client may be charged for change of locks and new keys.
The Client is required to book their time in the studio in advance via the online booking system for which they will be given editing access on commencement of their membership. Bookings open the Friday before the start of the week (beginning on the following Monday and finishing on the Sunday after that). The Client is allowed to book 3 sessions in advance. Additional bookings may be added after 6pm the night before the session required. At present the only restrictions on these additional bookings are if the bookings are full or there is a class/course in the studio on that day.
If the Client no longer requires a booking they have made it is mandatory that the Client removes the booking from the online form.
The online booking form acts as a register for Test & Trace. In the event of a Covid-19 outbreak it is essential for the Service Provider to know who was in the studio at any given time and for how long. This information is kept for 2-3 weeks and then deleted from the booking form. Please note that if the Client does not follow this procedure it will be considered a breach of contract and repeated noncompliance may lead to suspension or termination of contract as not keeping a full register could lead to a large fine being levied on the Service Provider.
For the time being the Client may not bring in guests for any length of time to the studio. This is under constant review during the Covid-19 crisis.
Additional hours may be purchased from the Service Provider at an agreed rate. Hours are not transferable unless you are absent due to work or family emergencies for longer than 4 working days. Requests should be put in writing to the Service Provider and will be looked at on a case by case basis. There may be an administration fee for this. No more than 4 requests are permitted a year.
Storage: Own shelf space plus storage box for clay and tools. Communal shelves may be used for bisque and glazed ware. Greenware shelving for work in progress may be used with prior agreement.
Induction: A full induction to the workings of the studio and cleaning equipment is given at the start of your membership along with health and safety information.
Assessments: Regular informal assessments are offered to help members develop to their full potential and move their work and skills forward by request.
One on one tuition: This is offered for an extra charge of £30 per hour.
Technical support: Available either face to face or via email.
Equipment usage: All equipment within the studios is available for members usage except for the kilns (only used with a member of staff) or any equipment for the personal use of Aliya Rashid.
Glazes: A range of brush on and dipping glazes are already mixed and available to use along with oxides and slips. If you wish to mix your own glazes or use your own you will be required to do testing on it first.
Clay: A wide range of stoneware clay is available for purchase at cost price from the studio. If you wish to use your own clay you will be required to do testing on this.
Open studios: Twice a year. The Client is not bound to participate but is requested to do so.
Exhibitions: Regularly for members, students and visiting ceramic artists.
Talks and visiting practitioners: Regular talks, masterclasses and demos from studio staff and visiting practitioners are available to members. The Service Provider aims to make this a free service but from time to time there may be a small fee for this service.
Kilns: Members will be required to help with loading and unloading of the kiln. Only studio staff are permitted to work the kiln. Tuition can be given to Clients who wish to learn more about the kilns.
Restrictions on Equipment: The Service Provider has not set any restrictions on the amount of glaze or kiln usage permitted but does reserve the right to do so in the future with written notice (in the form of an email).
All glazed pieces must be fired on a purpose-made firing bat to prevent damage to kilns from running glazes. Members are required to make sure that glazed pieces are fit to be fired by wiping bases clean of glaze and allowing 5mm of glaze free area from the base. If the Client requires the base to be glazed then firing should be agreed with studio staff in advance and work should not just be left on shelves. The Client is liable for any damage to the kiln shelves caused by irresponsibly applied glazes. Technicians will not fire items in which the glaze is deemed to have been applied too thickly.
Restrictions on Entry to Studio: The Client may come into the studio space at any time during opening hours unless there is a potter’s wheel course or class in progress and the space is required by the Service Provider. The Client is asked to check on the timetable for when these restrictions apply. Clients wishing to use the space must book it in advance via the online booking form to guarantee a space. Members are required to make sure the wheels and their area are ready for usage by a class or course 1 hour before the start of the class or course to allow the Service Provider to make necessary preparations for the class or course.
Course Bookings: The Client may book on to any of the general course available. This is done on a first come first served basis. There is no member discount on the courses.
Course/class booking cancellations: The Client is liable for the full cost of any course/class booking made. The client must give 10 working days notice for cancellation of any course/class to get a full refund. After this period and before the start of the course/class the Client may only get a 50% refund if another person can be found to replace the Client.
CANCELLATION OR TERMINATION OF MEMBERSHIP:
Cancellation of Membership: One month written notice is required by the Client to the Service Provider if the membership contract is not being renewed. If the contract is being cancelled by the Client before the end of the contract then the Client will be charged the monthly rate of 3 month contracts plus an admin fee of £20 per month. By taking out a long contract the Client is being given a preferential rate by the Service Provider therefore if the contract is cancelled early it is fair and reasonable for the Service Provider to charge the higher monthly fee and for additional admin costs.
The Client may cancel his/her contract 14 days after the start of the contract provided the studio space and equipment has not been used by the Client and 5 working days written notice has been submitted to the Service Provider.
It is the responsibility of the Client to cancel any direct debit or standing order with his/her bank on termination of his Membership. The Service Provider cannot be held liable for any payments processed due to the failure of a Member to cancel a direct debit or standing order.
Any Member who does not wish to accept a change proposed by the Service Provider to any Membership fees may cancel his Membership by giving notice to the Company in accordance with the above conditions. The Member giving notice must continue to pay his Membership fees at the rate current immediately prior to any proposed increase until the end of such notice period.
Membership is for the Client only and is nontransferable and cannot be shared.
Suspension of Membership: One months written notice is required from the client to the Service Provider in order to suspend Membership. Membership may be suspended for a maximum term of 1 month in a 6 month contract and a maximum term of 3 months in a 12 month contract. After resumption of membership, the Client is required to continue with the terms and length of the contract.
During the suspended period, the Client is required to hand back the key. The key deposit is not refunded until the end of the contract. Please note that suspension of membership is only available on 6 and 12 month contracts.
Grievance Procedure: In the event that the Client has an issue with another member or the Service Provider, the Client is required to put their grievance into writing and submit it to the Service Provider.
In the first instance, the other member will be spoken to and allowed to give their side of any grievance. The Service Provider will attempt to mediate in any misunderstandings between parties. If the Client’s grievance is upheld, the other member will be given a verbal warning which will be laid out in writing to both parties. They will be put on probation for 3 months. In the event that the grievance continues or resumes after that period, the member will be given a written warning and again put on probation for 3 months. If it still continues or resumes, the member will be given a final written warning and their membership terminated if the grievance continues or resumes within 1 month of the final warning.
In the event that the grievance is with the Service Provider, the Client is invited to come along and talk to the Service Provider and bring along another Member in order to act as a mediator to help remedy the situation.
The Service Provider reserves the right to expel from the Studio (and terminate the Membership contract of the Client), suspend Membership for a specific period or refuse to renew the contract of any Member whose conduct is or may, in the Service Provider’s reasonable opinion, be injurious to the character of the studio; or who breaches any of these Terms and Conditions (liable to change and be updated from time to time); or where it would otherwise be in the best interests of the other Members of the studio.
Anyone who is racist, sexist, homophobic, abusive, violent or proved to have deliberately damaged equipment or the work of other members or stolen from the Service Provider or other members will have their membership terminated immediately. In the event of the law having been broken, the Service Provider will call in the police if deemed necessary.
Any Member who is expelled by reason of breaching these Terms of Service shall immediately cease to be a Member of the Studio and shall not be entitled to any refund in respect of periods in relation to which he has already made payment. Any Member whose Membership is suspended shall not be entitled to any refund in respect of such period. Notwithstanding the foregoing, the Service Provider may terminate the Membership of any Member in the event that such Member fails to make payment of any sum due to the Service Provider within 14 days of the date such sum is due. In the event of termination by reason of non-payment, the balance of fees due for the remaining term of the Membership shall become immediately due and payable. Termination of these Terms and Conditions shall be without prejudice to any rights and obligations of the Studio and Member accrued and owed prior to the date of such termination.
Firing of all work left on shelves by any Client whose membership is paused, suspended or terminated before the end of the contract date will cease immediately unless a prior agreement has been reached with the Service Provider.
CLEANING OF STUDIO AND FACILITIES:
All Members are required to spend at least 15-20 minutes cleaning the Studio at the close of each session. Clay and glaze dusts are toxic and must not be left anywhere in the Studio. Work areas should be left cleaner or as clean as when the Member began working, including the floor area around the work station. If a Member’s work area is cleaned thoroughly within the 20 minutes cleaning allocation, the Member is required to then clean a shared studio area of their choice.
The Client is required to clean the studio as shown during the induction. Traps are fitted both in the upstairs glaze room and the downstairs studio so liquid clay, glazes and equipment may be washed down in these sinks. The toilet and kitchen sinks must be kept free of clay and glazes. Disposal and recycling bucket are provided for clay.
Large particles must be thrown away and not forced down the sink. This causes blockages.
Members who do not clean up as shown may be fined. Continued noncompliance may result in the termination of the membership contract.
Absolutely no sanding is to be done inside the studio and without proper safety equipment.
PREGNANCY: All members who become pregnant must inform the Service Provider immediately. The Service Provider does place certain restrictions on pregnant members (gloves and masks must be work during glazing) but does allow them to continue as long as they feel comfortable doing so.
COVID-19 & LOCKDOWNS:
The Service Provider has agreed to provide, at their own expense, the following: Latex and non-latex gloves; Disposable masks; Disposable aprons; Cloth aprons and Tea towels (to be put in provided laundry basket after each use having been rinsed first); A basic set of assigned tools for each Client (for the duration of membership); Disinfectant for cleaning all surfaces (including screens and benches); Disinfectant wipes (for wiping down wheels); Disposable cutlery and cups for the kitchen area; Kitchen roll instead of hand towels.
During the Covid-19 crisis and any future pandemics, the Client is duty bound to be extra vigilant with their cleaning. All glaze jars must be handled with gloves and wiped down after use as must all tools from the studio. Wheels must be wiped down with the wipes provided. All screens must be cleaned and sprayed with disinfectant and wiped dry with kitchen roll. Benches and stools must be sprayed and wiped down with large sponges.
Floors must be cleaned regularly throughout the day with disinfectant added to the water. The last Clients to leave must make sure that all communal flooring (glaze room, kitchen & toilets) has also been swept and mopped.
All Clients must be clean-up by the end of their booked session. They should not start their cleaning at the end of their session. If the Client has booked more than one session in any given day they only need to clean-up at the end of the latest session on that day.
In the event of a Lockdown and depending on the wording set out by the Government, all Members are requested to keep paying their monthly membership fees as long as they are able to. If any Client is unable to do this due to financial reasons the Client must inform the Service Provider that they are no longer able to pay in writing via email before any payment plan is cancelled. Where possible, Members will be allowed into the Studio to work and where it is not possible, the Service Provider will allow Clients to take home tools and equipment to work from home. All tools and equipment must be itemised in the form of a photo and submitted to the Service Provider before it is removed from the Studio and returned upon lifting of Lockdown restrictions.
Firings will continue during Lockdowns and all Members who either leave work to be fired or bring it in during the Lockdown will still have to continue with their monthly payments. Where any Member has not been able to come in or work from home the Service Provider will offer either an extension to contract or a partial refund once the crisis is over.
Any Client who does not follow these terms without prior agreement will have their contract terminated immediately with no refund for any outstanding time left for their contract and no more firings will take place for said Client regardless of how long work has been on the shelves.
LIMITATION OF LIABILITY:
Nothing in these Terms and Conditions shall limit or exclude the Service Provider’s liability for: death or personal injury caused by its negligence, or the negligence of its employees, agents or subcontractors; fraud or fraudulent misrepresentation; breach of the terms implied by section 2 of the Supply of Goods and Services Act 1982 (title and quiet possession); breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession); or defective products under the Consumer Protection Act 1987. The Service Provider shall under no circumstances whatsoever be liable to any Member, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, or any indirect or consequential loss arising under or in connection with his Membership and/or these Terms and Conditions; and the Service Provider’s total liability to the Client in respect of all other losses arising under or in connection with his/her Membership and/or these Terms and Conditions and, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed the amount of any fees paid by the Client during the Initial Term or Renewal Term (as applicable) during which the loss arises. The terms implied by sections 13 to 15 of the Sale of Goods Act 1979 and the terms implied by sections 3 to 5 of the Supply of Goods and Services Act 1982 are, to the fullest extent permitted by law, excluded from these Terms and Conditions.
The Service Provider shall not be held responsible in respect of any particular Session, instructor and/or item of equipment not being available for whatever reason. The Service Provider reserves in its sole and absolute discretion and without notice the right to make alterations to the timings, structure and content of any Session, and the identity of any instructor and/or the availability of any equipment, and/or the availability and nature of any ancillary facilities provided to Members. The Service Provider shall not be liable for any loss occasioned by such alterations except insofar as such loss is by law incapable of exclusion.
Personal belongings are brought onto the Studio premises at the Client’s own risk and the Service Provider does not accept liability for any loss or damage whatsoever to such items.
The Service Provider accepts no liability for any injury suffered by any Member on the Studio premises or outside the Studio except insofar as such loss, damage or injury is by law incapable of exclusion.
This condition shall survive termination of these Terms and Conditions.
Each Member represents and warrants to the Service Provider that all information provided by him/her is true complete and accurate at the date it is given to the Service Provider. Each Member is required to give notice to the Company of any change of home address or email address. Failing such notice, all communications will be assumed to have been received by the Client within five days of mailing to the last address notified to the Company.
The Service Provider reserves the right to refuse admission to the Studio.
The Service Provider may assign the benefit of these Terms and Conditions and a Client’s Membership contract to a third party at any time without notice to the Client.
A person who is not a Member has no rights under the Contracts (Rights of Third Parties) Act 1999 to rely upon or enforce any term of these Terms and Conditions.
The Service Provider may communicate with the Client by electronic mail (“email”). By providing an email address to the Service Provider the Client consents to receiving email communications from the Service Provider, including notices pursuant to the Terms and Conditions. The Client also accepts the risk that email may not be a secure and confidential means of communication. The Service Provider will not be liable for any loss or damage suffered as a result of communicating with a Client by email.
Members must at all times observe the Studio guidelines which may be notified to them from time to time and are requested to comply with any reasonable directions which the management of the Studio may issue to ensure the smooth operation of the Studio for the convenience of all Members.
Any marketing, educational or other materials of this nature whatsoever produced by the Service Provider in connection with the Studio and which are made available to Members at the Studio shall at all times remain the property of the Service Provider and will be subject to the Service Provider’s copyright.
Work made at the studio by the Client is the copyright and property of the Client. The Service Provider retains the right to hold onto work made by the Client on Studio premises in the event of a contract being terminated and fees unpaid. All work will be released on payment of such fees.
Members use the Studio at their own risk with awareness of the inherent hazards of a Studio environment, which include but are not limited to use of sharp tools and sharp edges, exposure to toxic materials, the dangers of using materials and equipment at high temperatures, and the risks associate with breathing silica dust.
Each Studio Member is required to follow the health and safety information outlined in the induction before he/she begins his/her Membership.
Each Member must comply with all health and safety instructions given by the Service Provider’s staff at all times.
Each Member is required to keep all surfaces clean of clay and glaze and to clean all areas including the floor around his work station thoroughly before completing his Session. This is to minimise the risks to Members caused by breathing clay and glaze dusts.
In the interests of safety and hygiene, no crockery, glass or food are permitted in the main Studio area. Other than with the exception of guide dogs, no pets are permitted in the Studio buildings or grounds.
Members must use the main entrance to the Studio when entering or leaving the Studio. Fire exits, which are clearly marked, are there in the interests of safety and Members must not interfere with these exits for any reason. In the event of a fire, Members are asked to make their way to the nearest available exit.
The running of the studio and facilities provided are to be kept confidential by the Members. Members who give out confidential information or any information with regards to the company or the studio to other companies who may be seen as competition risk having their membership terminated immediately.
Smoking is forbidden in the Studio.
STUDENTS OF COURSES AND CLASSES:
Students of courses and one-off classes are also bound by the spirit of these Terms and Conditions while they are working within the Studio.
Students are only required to perform rudimentary cleaning duties during the ongoing Covid crisis as the bulk of the cleaning and disinfecting will be done by staff of the Studio.
In the event of a Lockdown all courses will be rescheduled if they have already started. The Service Provider reserves the right to reschedule a course either wholly or partially to a different day of the week than was previously agreed to by the Students without giving a refund of any kind. All one-off classes and any courses yet to start will be rescheduled or a refund offered.
All Members and Students will have to sign a Covid-19 Waiver when they start this membership/course. All Members/Students will be bound by the conditions in the Waiver for the duration of their membership/Course.