Membership Agreement between LHW Workspace at at 3/4 Roffey Hall Far, Threshers Bush, Harlow, Essex, CM17 0NS and each Member
- What is this document:
This document(the “Membership Agreement”) sets out: (i) the terms on which LHW Workspace Limited at 3/4 Roffey Hall Far, Threshers Bush, Harlow, Essex, CM17 0NS (“LHW Workspace”) agrees to provide the Services and regulate membership of LHW Workspace; (ii) the obligations of LHW Workspace to each person who agrees to be bound by this Membership Agreement as a Member; and (iii) the obligations of each such Member to LHW Workspace.
LHW Workspace may at any time modify this Membership Agreement and will notify Members of any changes to this Membership Agreement by posting a notice on the LHW Workspace web-site and posting a physical notice, visible to Members, at the LHW Workspace facilities.
- Defined terms:
The following defined terms are used in this Membership Agreement:
“Assessment” means a test, the outcome of which determines whether LHW Workspace authorises or denies access to the specific Machine on which an individual has been tested.
“Booking” means the reservation of any facility or Service provided by LHW Workspace.
“LHW Workspace Staff” means the employees of LHW Workspace.
“Business” means the business of LHW Workspace at 3/4 Roffey Hall Far, Threshers Bush, Harlow, Essex, CM17 0NS
“LHW Workspace Operational Day” means any day on which LHW Workspace is open for Member’s use.
“Member” means a Person which carries on a trade or business that has completed a Membership Joining Form who has (by virtue of completing such Membership Joining Form) agreed to be bound by the provisions of this Membership Agreement and has been accepted by LHW Workspace as a Member.
“Fair Usage” means if and when more than one Member wishes to use a Machine on a temporary ad-hoc basis (without booking), they must between themselves agree on what is fair. As a rule of thumb, nobody should expect to use a Machine continuously for more than a period of 30 minutes during high demand.
“Machine” means the machinery available for use by Members at the Workshop including, without limitation, those machines that can be found on the LHW Workspace website which a Member may book, subject to having had the correct induction, assessment and/or training.
“Membership” means the state of being a Member.
“Membership Code of Conduct” means the code by which all Members agree to conduct themselves whilst using LHW Workspace and is detailed in Section 13 of this Membership Agreement.
“Membership Joining Form” means the form a Person must complete in order to become a Member or LHW Workspace which form will include confirmation that the relevant Person agrees to be bound by the provisions of this Membership Agreement.
“Membership Period” means, in relation to a particular Member, the period commencing with the date upon which the Member is accepted as a Member by LHW Workspace (such Member having properly completed a Membership Joining Form and agreed to be bound by this Membership Agreement)and ending on the date of termination of such Person’s membership pursuant to the provisions of this Membership Agreement.
“Operational Hours” means the hours during which LHW Workspace is open for use by Members and as published on its website.
“Person” means a natural person, a corporate or an unincorporated body (whether or not having separate legal personality.
“Safety Induction” means an orientation to the relevant department of the Workshop and the Machines in that department which are deemed low risk and for general use by any Member using the department. The induction covers health and safety and the building’s fire procedures.
“Services” means services provided by LHW Workspace at the Workshop and available to Members on payment of a fee including, without limitation:
- use of one or more Workbays;
- use of tools, Machines and other equipment (including in relation to tool and blade sharpening, electrical equipment portable equipment testing and printing);
- materials ordering;
- storage; and
- consumables ordering.
“Training” means instruction for an individual on how to use a specific Machine or Machines, payable by the hour.
“Training Record” means the record kept of all Training, Assessments, and Safety Inductions conducted by LHW Workspace for a Member.
“Visitor” means any visitor invited into the Workshop by a Member who may be collaborators, clients, employees, subcontractors, friends or family. A Visitor may not, under any circumstances, do any activity that can be constituted as working in or using the Workshop.
“Workbay” means a delineated area within which a Member may work and which a Member may book and use exclusively for the length of their booking.
“Workshop” means the workspace within the buildings known as 3/4 Roffey Hall Far, Threshers Bush, Harlow, Essex, CM17 0NS or such reduced or extended area as LHW Workspace may from time to time designate as comprising the Workshop.
All Membership is granted at the sole discretion of LHW Workspace and is subject to the right of LHW Workspace to cancel, terminate or suspend the Membership as set out in Section 18 below.
Members must be 18 years or over.
Membership entitles the Member to:
- make Bookings
- gain Machine access following required safety inductions, Assessments and/or Training;
A Member wishing to be a Member must make the relevant request in its completed Membership Joining Form. LHW Workspace reserves the right to accept or refuse such Member’s application as a Member.
Any charges for bookings made by the Member will be payable by the
- Safety Induction, Assessment + Training:
(i) Safety Induction
Any Person working at LHW Workspace must have had the relevant departmental Safety Induction before they can access that department in the Workshop. Once an induction is complete, that user will be given access to the member login page on our website to be able to place bookings.
A Member cannot use any Machines until they have passed the relevant Assessment. A Member will pass an Assessment if they are able to show to the satisfaction of their Assessor that they can use the Machine safely and are competent to do so unsupervised.
Once an Assessment is passed and both the Member and the Assessor have signed the Training Record the systems will be updated and the Member will be given permission to book and use the specific Machine.
In the interests of health and safety, permission to use any Machine may be withdrawn from the Member by LHW Workspace at any time.
An Assessment is specific to a Member. A Member cannot teach any other Member to use Machines
If a Member does not pass an Assessment, LHW Workspace may offer Training on the Machine.
Training is available to any Member on request. It is not necessary to have had an Assessment before Training can be undertaken.
The purpose of Training is to ensure a Member attains the required level of safe operating ability. The number of Training sessions may vary before a Member is given permission to use a specific Machine. The number of sessions needed will be determined by the individual trainer.
There are some Machines on which Training is mandatory.
Once Training is successfully completed and the Trainer deems the Member as having the requisite skill level to pass an Assessment the Trainer will update the Member’s Training Record so that Member can book and use the respective Machine.
Training is specific to a Member. A Member may under no circumstances teach any other Member how to use Machines.
- Assessment and Expiry of Permissions
If LHW Workspace considers that a Member has not used the relevant Machines or Workshop facilities with sufficient regularity, LHW Workspace is entitled (at its absolute discretion) to require that Member to undertake Assessments (or Training). This is in order to ensure the Member’s competence to operate machinery safely maintained and is in the interest of the health and safety of all workshop users.
- Booking Terms:
All Bookings are made on a first-come first-served basis.
Any booking must be paid for in advance at time of booking before the facility or service being booked can be used
Only a Member may make a Booking.
LHW Workspace will not make or hold any unpaid reservations.
A Member may cancel a Booking and a receive a full refund if they have given the correct period of notice and where a refund is applicable. See Refunds below.
No refund will be given after a Booking has commenced.
A Member may reschedule a Booking if it has given notice of at least one full LHW Workspace Operational Day.
It is not possible to reschedule a Booking with notice of less than one LHW Workspace Operational Day or after a Booking has commenced.
All rescheduling must be arranged by contacting the LHW Machinery Office.
Where entitled to a refund according to this Membership Agreement, a Member can expect to be refunded within seven working days of a decision to refund being reached by LHW Workspace.
Refunds are made via the same method of payment used to make the original booking.
Booking to use a Workbay for six months or more will require a deposit of one month’s charge (payable in accordance with the terms of the related Licence and Use Agreement) which will be refunded at the end of the licence (subject to the provisions of the related Licence and Use Agreement).
A Booking to use a Workbay for a period of a week or less will not attract any refunds on cancellation.
A Booking to use a Workbay for a period of more than one week is eligible for a partial refund on receipt of two working days’ notice. The charge levied will be calculated by multiplying the number of days used by the published day rate. If a Member has not provided the required notice period, they will be charged the notice period of two full days in addition to days used. Once the day rate and notice period (where required) have been accounted for and subtracted from the Booking fee paid, the balance will be refunded to the Member.
- Use of Facilities:
A Member shall be entitled to book and use a Workbay only if it has entered into a Licence and Use Agreement in relation to such Workbay by properly completing and submitting a Workbay/Equipment Booking Form which is accepted by LHW Workspace.
A Member is entitled to use the Workshop’s facilities during its opening hours and subject to this Membership Agreement and, if relevant, any relevant Licence and Use Agreement.
LHW Workspace may at any time, without notice, withdraw all or part of its Workshop facilities for any period, or periods, in connection with any cleaning, repair, alteration or maintenance work or for any other reasons.
It is strictly prohibited for a Member to use a Machine for which a Member has not been given permission by having passed the relevant Assessment(s).
It is strictly prohibited to use a Machine for a purpose for which it was not intended.
It is strictly prohibited to remove any part or component of a Machine or piece of equipment provided by LHW Workspace.
Young people under the age of 18 years may only enter the Workshop if accompanied by an adult who must be a Member or a member of LHW Workspace’ Staff.
Membership includes Fair Usage of Machines provided by LHW Workspace in the shared Machine areas and common areas of the Workshop other than Machines which have been booked by a Member for its sole usage. LHW Workspace provides no warranty to any Member that any particular Machine will be available to that Member at a particular time, unless that Member has made a confirmed Booking to use such Machine at such time.
At any one time, the maximum number of Members allowed to work in a bay is as follows:
Small bays maximum 1 person
Medium bays maximum 2 people
Large bays maximum 2 people
However, only one named person per bay is permitted to use machinery.
If a workbay is too crowded for safe working, management reserve the right to reduce this ratio.
Sub-licensing of any Workbay or Booking at LHW Workspace is not permitted.
- Opening Times:
LHW Workspace reserves the right to vary opening times. Standard opening times
Monday-Friday 7.30am – 5pm
Closed bank holidays
Closed between 23rd December and 2 January (inclusive) for the Christmas Break.
LHW Workspace reserves the right at its sole and absolute discretion to close the Workshop for additional periods.
Members are welcome to bring other people into the Workshop as visitors who may be collaborators, clients, employees, subcontractors, friends or family. These people are termed “Visitors”.
A Member that brings one or more Visitors into the Workshop is termed the Host Member. The Host Member is responsible for their Visitors and must ensure they adhere to this Membership Agreement and Code of Conduct. A breach of this Membership Agreement by a Visitor is considered to be a breach by the Host Member and will be dealt with accordingly.
A Host Member must ensure that their Visitor remains safe and is accompanied at all times whilst in the Workshop.
- Post + Deliveries:
Members may use the LHW Workspace’ address as a postal address. However, LHW Workspace accepts no liability for any loss, damage to or theft of any such items whether signed for or not.
Members may not use the LHW Workspace’ address as a registered office address for corporate business purposes.
If not collected by the Member, items of post or packages will be subject to disposal after a period of five working days once a notification via an email has been provided to the relevant Member.
Large deliveries and deliveries of materials must be received by a Member. If a Member is not at LHW Workspace to receive them, the delivery will be refused by LHW Workspace. If deliveries are left unattended, they may be disposed of. LHW Workspace does not accept liability for any loss, damage to or theft of any such items.
- Health + Safety:
Each Member must be in possession of their own valid public liability insurance.
If a Member has any health condition that in any way impacts upon their ability to use the Workshop safely, or if they may have specific requirements in order to do so, must make LHW Workspace aware of such condition in writing and prior to using the Workshop.
Members use the Workshop at their own risk with awareness of the inherent hazards of a Workshop environment, which include but are not limited to: use of sharp tools and sharp edges, exposure to toxic and dangerous materials, industrial Machines, blades and spinning parts, power tools, high temperatures, the risks associated with breathing dust and fumes, the risks associated with lasers and computer controlled Machinery and/or the risks associated with the handling of heavy materials.
Members and Business Members who bring any of their own electrical tools or appliances into the Workshop must ensure that the tools have a valid Portable Appliance Test (PAT).
Hazardous materials and/or explosives are not allowed on site.
If a Member brings any chemical(s) into the facilities that are subject to Control of Substances Hazardous to Health Regulations (“COSHH”) they must make sure that it is accompanied by the relevant documentation and is stored in the appropriate way. A copy of the relevant data sheet must then be left with the product and a second copy must be given to the office.
Anyone working in the Workshops is required to use the correct Personal Protective Equipment (“PPE”) when working in a situation that requires it.
Each Member must comply at all times with all health and safety instructions given by LHW Workspace’ Staff and as posted by notice(s) in the Workshop.
Any hazards, breakdowns or breakages with any Machinery, facilities, or anything supplied by LHW Workspace for the use of Members must be reported to LHW Workspace Staff immediately. No unauthorised Person may attempt any repairs whatsoever.
Workshop users are expected to assume a duty of care to all other users, Staff and Visitors and to observe, maintain and uphold health and safety guidelines and immediately to report hazards and breaches of these guidelines to LHW Workspace’ Staff.
Members are required to use the correct extraction equipment at all times. Members creating dust, chips, fumes or any other granular or particulate waste from any wood or wood composite materials whilst using any power tool or air powered tool must use extraction of an appropriate standard of filtration. Members who fail to use extraction where appropriate may be asked to stop work at the discretion of the Workshop team. LHW Workspace provides the use of a limited number of portable extraction units which are available for hire. If these units are not available and a Member has not provided their own unit, they will not be allowed to continue work until such time as suitable extraction is available.
Fire exits and fire lanes must be kept clear at all times.
In the event of a fire or fire drill, Members must make their way to the nearest available exit and follow any instructions given by the LHW Workspace’ Staff.
Smoking and the consumption of alcohol or controlled substances is forbidden in the Workshops. Members are strictly prohibited from operating any equipment, or conducting any work of any kind, whilst under the influence of alcohol or a controlled substance. Any Person in the Workshop under the influence of alcohol or controlled substance, or suspected of such, will be required to leave the premises.
With the exception of guide dogs, no pets are permitted in the Workshop other than by prior permission and arrangement.
- Cleaning and Housekeeping:
Throughout the duration of each Booking, each Member is required to keep their Workbay(s) or specific Workstation clean and tidy.
Throughout the duration of each Booking, each Member is required to clean up any waste or hazard which they generate in the course of their work both in their own space and the common areas next to them into which the waste or hazard may have spread or spilled. Waste or hazards include but are not limited to: dust, sawdust, swarf, off cut, paint, textile scrap and leftover materials in general. Members must dispose of these in the correct recycling or waste disposal receptacles or areas provided for the purpose.
At the start of their Booking, a Member can expect their Workbay to be ready for them to start work unencumbered. At the end of their Booking a Member is responsible for leaving their Workbay in the same condition so it is ready for use by the next occupant. This includes the complete removal of any of the wastes or hazards mentioned above.
Each Member is responsible for keeping tidy any of the common areas and facilities such as Machine areas and shared Machines they are using.
Members may only leave materials, tools, work in progress, or any other personal possessions in Workbays or storage areas booked by them. Any materials, tools, work in progress or any other stuffs left in common areas, on trolleys provided for common use or on Machines or in or on any facility provided for common use will be subject to immediate disposal by LHW Workspace’ Staff without notice.
Shelf and container use are subject to availability and will be provided on a first come first served basis.
- Code of Conduct:
All Members, Visitors and LHW Workspace’ Staff are expected to uphold equality, diversity and inclusion.
LHW Workspace does not permit and will not tolerate any inappropriate conduct by any Person whilst in or on LHW Workspace’ Workshop. Such conduct includes but is not limited to, using loud, abusive, offensive, insulting, or demeaning language, profanity, lewd conduct, violence, or any conduct that harasses or is otherwise bothersome to Members, Visitors and LHW Workspace’ Staff.
LHW Workspace is a shared access organisation and the benefits of its open workspace are only possible whilst members demonstrate a high level of respect for each other’s belongings and space. Therefore, the unauthorised use of or interference with the tools, materials, work or belongings of another Member is strictly prohibited. Removing another Member’s possession from their Workbay or workspace is regarded as theft and will be dealt with as such.
In LHW Workspace’ reasonable opinion, should any Person(s) be suspected of breaching this Code of Conduct, the Person(s) may be asked to leave the premises or be subject to sanctions.
- Privacy and Other LHW Workspace’ Policies:
A Member shall comply and shall ensure that any of its Visitors comply, at all times, with all of the LHW Workspace’ Policies.
Policies are to be found on the LHW Workspace’ Website at the following links:
LHW Workspace will notify Members of any new policies or changes to existing policies from time to time by posting any such new or revised Policy in the Member’s area of the LHW Workspace website.
- Limitation of Liability/Third Party Rights:
LHW Workspace shall have no liability to any Member(s) of whatever type in the event that any particular Safety Induction, Assessment, Training, Machine, Workbay or any other bookable service or facility are not available for whatever reason.
LHW Workspace shall at all times be entitled, in its absolute discretion, and without notice, to make alterations to the timings, structure and content of any Booking and/or the availability of any Machine, or Workbay and/or the availability and nature of any ancillary facilities provided to a Member or Members.
LHW Workspace shall not be liable for loss, whether direct or indirect and of whatever nature, occasioned by such lack of availability or alterations except insofar as such loss is by law incapable of exclusion.
Belongings owned by a Member (including but not limited to all tools, materials and work in progress) are brought onto the Workshop at the Member’s own risk.
Member’s belongings (including but not limited to all tools, materials and work in progress) may be stored in storage areas at the Member’s own risk.
LHW Workspace shall not be liable to any Member for loss or damage to, or theft of, all or any of a Member’s belongings.
LHW Workspace accepts no liability for any injury suffered by any member within the Workshop or outside the Workshop, except insofar as such loss, damage or injury is by law incapable of exclusion.
LHW Workspace shall have no liability by way of indemnity or otherwise howsoever to any Member and that Member shall be solely responsible in circumstances where the Member makes an item or product in the Workshop which causes harm of whatever kind to a third party.
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 this Membership Agreement.
- Termination of Membership:
Subject as otherwise provided in this paragraph below, a Member may, at any time, terminate its Membership (and, accordingly, as between the relevant Member and LHW Workspace, this Membership Agreement) with notice (given in accordance with this Membership Agreement) of not less than one week. In the event of such a termination, the relevant Member may be entitled to a refund of amounts paid in respect of the period after the date of termination in accordance with the provisions of Section 6(iv) above. Notwithstanding the above, if the Member is, at the relevant time, occupying a Workbay or using any equipment under the terms of a Licence and Use Agreement, the Member may not terminate its Membership and this Membership Agreement unless that Licence and Use Agreement is also validly terminated on or before the proposed date of termination of Membership.
Subject as otherwise provided in this paragraph below, LHW Workspace may, at any time, terminate the Membership of a Member with notice (given in accordance with this Membership Agreement) of not less than one month. In the event of such a termination, the relevant Member may be entitled to a refund of amounts paid in respect of the period after the date of termination in accordance with the provisions of Section 6(iv) above. Notwithstanding the above, if the Member is, at the relevant time, occupying a Workbay or using any equipment under the terms of a Licence and Use Agreement, LHW Workspace may not terminate the Membership/the Membership Agreement unless that Licence and Use Agreement is also validly terminated on or before the proposed date of termination of Membership.
LHW Workspace may immediately expel from the Workshop (and terminate Membership and this Membership Agreement (as between it and the relevant Member)), suspend Membership for a specific period or refuse to renew the Membership of any Member: (i) whose conduct is or may, in LHW Workspace’ reasonable opinion, be injurious to the character of LHW Workspace; (ii) who breaches any of the provisions of this Membership Agreement (as amended from time to time); or (iii) where it would otherwise be in the best interests of the other Members of LHW Workspace, in LHW Workspace’ reasonable opinion (any of such matters being “Causes for Immediate Termination”).
Any Member who is expelled shall be deemed immediately to have ceased to be a Member and shall not be entitled to any refund in respect of bookings for which they have already made payment.
Termination of this Membership Agreement shall be without prejudice to any rights and obligations of the Member accrued and owed prior to the date of such termination.
Each Member represents and warrants to LHW Workspace that all information provided by them to LHW Workspace from time to time is true complete and accurate at the date it is given to LHW Workspace.
Each Business Member represents and warrants to LHW Workspace that it will, at all times, be using the Services as a business, not an individual consumer.
Each Non-Business Member represents and warrants to LHW Workspace that it will, at all times, be using the Services as a consumer, not a business.
Each Member is required to give notice to LHW Workspace of any change of home address, email address and contact telephone number. Failing such notice, all communications will be assumed to have been received by the Member within five days of mailing to the last address notified to LHW Workspace.
Each Member is required to give immediate notice in writing (which will include e-mail) to LHW Workspace of any change of card details if that card is subject to a recurring card payment agreement.
- Governing Law:
This Membership Agreement and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales.