Terms and conditions

General Terms and Conditions

EMC² Membership Agreement

The Emerging Manufacturing Collaboration Center (EMC²) is a both an entity and a facility, with the mission of advancing the state of manufacturing in Indiana. While the facility most closely resembles a manufacturing and research and development facility, certain aspects resemble a shared work environment.

Definitions & Associated Rules

Member: A person / entity that pays a monthly fee to EMC² and is allowed to use shared and / or their dedicated spaces within the facility.

Membership: Required by an individual, whether an employee of a member entity or not, to be allowed access to the facility. Membership is granted on a by name basis. Entities that choose to join EMC² and are granted multiple memberships must designate, by name, who will be a member. Entities may transfer membership from one person to another but not to circumvent paying membership fees.

Guest: Members may invite guests to EMC² to engage in work activities. EMC² reserves the right to request a members guest status be converted to member status if the frequency of visits warrants this.

Shared space: Spaces are those within the facility that are not reserved for the exclusive use of any one entity or member. Examples of shared spaces include restrooms, showers, break room, work area.

Dedicated space: Spaces within the facility that are reserved for the exclusive use of the entity or member that has reserved this space. Dedicated space will include access control.

Floating desk: A desk that is not assigned to a member and can be used on a first come first served basis. Membership does not include a guarantee of the availability of a floating desk; however EMC² will work to ensure that memberships and available space availability is balanced.

Etiquette and House Rules

In shared working (co-working) spaces multiple entities and persons work in a combination of shared and dedicated workspaces. To ensure harmony and peaceful cohabitation of the facility Etiquette and House Rules are needed.

By becoming a Member of EMC², you the Member are agreeing to abide by the Etiquette and House Rules of EMC² which will be posted in the facility and are available within your membership portal. EMC² reserves the right from time to time to modify temporarily or permanently, the Etiquette and House Rules (or any part thereof) with or without notice. EMC² will endeavour to pro-actively communicate updates to the Etiquette and House Rules.

Events

EMC², as a shared facility will host events. EMC² hosted events will take place in shared areas. As appropriate, EMC² will invite members to participate in these events. EMC² will endeavor to provide 48 hours’ notice of special events. Members may also rent shared spaces to conduct their own events.

Healthy Work Environment

Members are to not come to EMC² if they are sick. This is to prevent the spread of illnesses. Healthy members have a right to come to EMC² and not be subject to other member’s illnesses. This includes common colds, flus, Covid, etc. EMC² reserves the right to ask members to leave the facility if they are not healthy. Failure to comply can result in membership termination.

Please let us know immediately if a member tests positive for Covid-19 and has been at the EMC² so that we can ensure the proper cleaning measures & contact tracing.

Personal Protective Equipment

Certain areas of EMC² will require personal protective equipment for safety purposes and to meet Occupational Safety and Health Administration (OSHA) regulations. Requirements can and will vary by activity taking place and area. Signage will be posted as required to indicate requirements; however this does not relieve members from understanding PPE regulations. OSHA fines levied against EMC² will be in turn invoiced to members who caused the infraction.

Members will be responsible for providing their own PPE as required, to include for their guests.

Alcohol

EMC² houses heavy machinery and other equipment that can be dangerous or life-threatening. In order to minimize risk, alcohol consumption is not allowed at EMC² without express written permission of EMC² staff. This prohibition includes the storage of alcohol in addition to the serving or consumption of alcohol.

Firearms

Firearms are not allowed within the facility. This includes concealed weapons, regardless of the member or guests concealed carry licensing status.

Inclusivity & Safe Harbor

Part of our mission is to foster a positive, inclusive and safe environment for all members and their guests. We have a zero-tolerance policy for inappropriate behavior in our space. Members or their guests who do not demonstrate respect and courtesy for others or behave in a manner that is destructive to the space or the community within it will be asked to leave. If anyone in our space makes you feel uncomfortable, please bring it to EMC² staff attention immediately.

Acceptance of Terms

This is an Agreement between you (“Member”) and EMC². EMC² promotes a safe, peaceful and productive environment for its members. Therefore, although there are no requirements for becoming a member, EMC² reserves the right to deny Services, at its sole discretion, for any lawful, nondiscriminatory reason based upon any information available to EMC². In exchange for Your Membership Fee, EMC² agrees to provide with Services, subject to the terms and conditions in this Agreement. By signing below, You agree to be bound by this Agreement and are representing that You are at least eighteen (18) years of age.

Membership Fees

By entering into this Agreement, You agree to pay the applicable membership fees provided by, EMC².

Description of Services

EMC² may provide You with access to office space, work stations, internet access, office equipment, conference space, refreshments, knowledge resources, and other services as EMC² may offer from time to time (collectively, the “Services”). EMC² reserves the right from time to time to modify or discontinue, temporarily or permanently, the Services (or any part thereof) with or without notice.

Use of Services

You agree not to use the Services for any unlawful purposes or for any purpose that is prohibited by this Agreement. You further agree not to use the Services in any manner:

that allows anyone other than Yourself access to EMC² without Your presence and full responsibility that allows anyone other than Yourself access to the Services that damages, disables, overburdens, or impairs the Services that interferes with any other party’s use and enjoyment of the Services to gain unauthorized access to any accounts, computer systems or networks connected to any network, router, or server provided by EMC² or a third party contracted by EMC² to provide said services to gain unauthorized access to any of the Services, through hacking, password mining or any other means to obtain or attempt to obtain any materials or information regarding EMC² or its members through any means not intentionally made available through the Service that damages or otherwise causes disrepair to EMC² property or the premises leased by EMC² that violates the House Rules or other guidelines which may be applicable for any particular Service.

Limitation of Liability and Indemnification

UNDER NO CIRCUMSTANCES WILL EMC² BE LIABLE FOR ANY LOST PROFITS, LOSS OF BUSINESS, LOSS OF USE OR OF DATA, INTERRUPTION OF BUSINESS, OR OTHER DAMAGES, INCLUDING DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR ANY OTHER TYPE OF DAMAGES, THAT RESULT FROM OR ARISING OUT OF THIS AGREEMENT.

Should You keep any of Your property at EMC², You do so at Your own risk. EMC² does not assume any liability for, or provide insurance for, any loss of or damage to any stored property. It is strongly suggested that you carry a Renters Insurance policy to cover your own equipment and property while using our space. The EMC² insurance policy covers EMC² property, not that of our members. YOU AGREE TO DEFEND, INDEMNIFY, AND HOLD HARMLESS EMC², ITS SUBSIDIARIES, AFFILIATES, OFFICERS, AGENTS, EMPLOYEES, PARTNERS, LICENSORS, AND ADVERTISERS FROM ALL LIABILITIES, CLAIMS, DEMANDS, AND EXPENSES, INCLUDING ATTORNEY'S FEES, MADE BY ANY THIRD PARTY THAT ARISE FROM YOUR, OR YOUR GUEST’S, USE OF THE EMC² SERVICES OR YOUR VIOLATION OF THIS AGREEMENT.

Termination

Either party may terminate this Agreement by submitting written notice to the other party. If You have paid for a periodic membership, termination will be effective at the end of the service period during which notice is received by EMC² If you breach this Agreement for any reason, as determined by EMC² in its sole discretion, You shall forfeit all Membership Fees You paid to EMC². If any person is denied Services within fifteen (15) days of registering, all monies paid by that person will be refunded.

Miscellaneous

Entire Agreement. This Agreement constitutes the entire agreement between the parties related to the subject matter thereof, supersedes any prior understanding or agreement, oral or written, relating to, the use of the EMC² Services.

Severability. If any provision of this Agreement is prohibited by law or held to be unenforceable, the remaining provisions hereof shall not be affected

Waivers. The failure of EMC² to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision.

Successor and Assigns. This Agreement shall be binding on Your heirs, legal representative, successors and assigns.

Assignment. In no event may You assign in whole or in part Your membership or use of the Services, without the advance written consent of EMC².

Modification. EMC² may, in its sole discretion, unilaterally modify this Agreement without prior notice. Your continued use of the Services constitutes consent and agreement to any modifications. You may not modify this Agreement. You agree to review the Agreement on a regular basis and remain in compliance at all times. A copy of the latest version of this Agreement will be posted at EMC².

Choice of Law. This Agreement shall be governed by the laws of the State of Indiana. All parties consent to jurisdiction and venue in Marion County, Indiana.

Notice. All required notices shall be provided in writing and shall be mailed to the addresses below, or to such address as either party may designate from time to time:

If to EMC²:

1250 Indiana Avenue, Indianapolis, IN 46020

If to You:

At the address set forth in signup

By checking below, I hereby acknowledge that I have read and understood all of the terms and conditions contained in this Agreement and further agree to be bound by the same regarding my participation in and use of the Services.