Member Agreement

YOU MUST READ AND FULLY UNDERSTAND THIS BEFORE SIGNING, EVERYONE WHO BECOMES A MEMBER MUST SIGN THIS AGREEMENT

Name(Required)

First Last

In consideration of being granted membership and permission to access and use the facilities, tools, and equipment located at 2879 All Trades Rd., Santa Fe NM ( the “Premises”), I, for myself and on behalf of my heirs, successors, and assigns, hereby acknowledge and agree to the following:

Assumption of Risk and Waiver of Claims(Required)

I agree

I accept and assume full responsibility for any and all risks of injury, death, or damage to myself or my property (including, without limitation, loss or theft), arising from or connected to my membership, use of the Premises, equipment, or participation in any activities at MAKE Santa Fe. I irrevocably waive any claims against MAKE Santa Fe and all related parties (the “Releasees”) arising from such events, even if caused by the negligence of the Releasees.

Membership Payment Terms(Required)

I agree

All Members must pay the applicable monthly or annual membership fee in full prior to utilizing any services, facilities, equipment, or offerings of MAKE Santa Fe. Access to MAKE Santa Fe and participation in its activities is strictly contingent upon the timely payment of membership fees.

All membership fees, whether paid on a monthly or annual basis, are non-refundable under any circumstances, including but not limited to voluntary withdrawal, dissatisfaction with services, or changes in membership status.

If a Member assumes a role as an instructor, volunteer, or otherwise engages with MAKE Santa Fe in a non-paying capacity after having paid for a monthly or annual membership, no refunds or prorated reimbursements shall be issued for fees already paid.

Membership fees do not include the cost of materials, consumables, or supplies used in connection with tools, machines, classes, or personal projects. Members are responsible for procuring and paying for their own materials unless otherwise expressly stated.

MAKE Santa Fe makes reasonable efforts to ensure that tools and equipment are operational and maintained; however, there is no guarantee that any specific tool or machine will be available or functional at all times. Temporary equipment unavailability shall not constitute grounds for refund, suspension of fees, or any other claim by the Member.

MAKE Santa Fe reserves the right, in its sole discretion, to add, remove, upgrade, replace, or retire tools and equipment at any time and without prior notice. Membership does not confer any right or entitlement to the use of any specific tool, machine, or piece of equipment.

Duration of Agreement & Termination(Required)

I agree

The initial term of this Agreement shall commence today and shall continue on a month-to-month basis. The Member or MAKE Santa Fe may terminate this Agreement any time with 30 days advance notice. Notwithstanding the foregoing, MAKE Santa Fe reserves the right to terminate this Agreement at any time, immediately and without notice, if Member fails to comply with any provision of this Agreement, the “General Policies and Procedures,” and the “Waiver and Release of Liability” attached hereto, as well as any additional policies and procedures that may be developed by MAKE Santa Fe from time to time. Upon termination of this Agreement, Member shall remove his, her, their or its personal or company possessions from the Facilities within 10 days of the termination of this Agreement, after which period such items shall become property of the MAKE Santa Fe. MAKE Santa Fe may use or dispose of any such property in its sole discretion.

Compliance with Policies and Reporting Hazards(Required)

I agree

I agree to comply with all applicable laws, safety protocols, studio guidelines, and MAKE Santa Fe’s General Policies and Procedures. I will report any hazardous conditions or unsafe practices I observe to a MAKE Santa Fe employee or representative immediately.

Commitment to Inclusivity(Required)

I agree

I acknowledge and agree to uphold Make Santa Fe’s commitment to fostering an inclusive, welcoming, and safe community. This includes respecting and supporting individuals of all races, ethnicities, gender identities and expressions, sexual orientations, ages, religions, abilities, and socioeconomic backgrounds.

Collaboration & Community(Required)

I agree

I understand that my actions impact others, and I agree to contribute to a positive, cooperative environment. I will engage with fellow members and staff respectfully, seek consent before interfering with others’ projects or tools, and prioritize safety, cleanliness, and communication.

Anti-Harassment and Zero Tolerance(Required)

I agree

Make Santa Fe has zero tolerance for harassment, discrimination, or abuse of any kind. As a member, I agree to treat all individuals with dignity and respect. Harassment—including unwelcome physical contact, offensive verbal or written comments, intimidation, bullying, or discrimination based on any personal characteristic—will not be tolerated.

I understand that violations of this policy may result in suspension or termination of membership, at the discretion of Make Santa Fe staff or leadership. I agree to report any witnessed or experienced harassment to staff so that appropriate action can be taken to uphold a safe and inclusive space for all.

Indemnification(Required)

I agree

I agree to defend, indemnify, and hold harmless MAKE Santa Fe, its officers, employees, agents, volunteers, affiliates, and landlords from any and all claims, damages, or expenses (including reasonable attorney’s fees) arising from my use of the Premises, equipment, or participation in activities as a member. This includes damage I may cause to MAKE Santa Fe property through negligence or misuse.

Personal Property and Intellectual Property(Required)

I agree

I understand that I am solely responsible for securing and protecting my personal belongings while on the Premises. I acknowledge that any intellectual property I develop while using MAKE Santa Fe’s facilities is my own responsibility to protect.

No Lease or Employment Relationship(Required)

I agree

I understand that this agreement does not grant me any leasehold, tenancy, or employment relationship with MAKE Santa Fe. My membership grants me limited access to MAKE Santa Fe’s facilities in accordance with the terms of membership and all applicable policies.

Governing Law and Amendments(Required)

I agree

This agreement is governed by the laws of the State of New Mexico. MAKE Santa Fe reserves the right to update its policies and membership terms at any time. Continued use of the facilities constitutes acceptance of such updates.

Subordination(Required)

I agree

This Agreement is subordinate to a sublease or occupancy agreement between MAKE Santa Fe and the owner of the Building (Auntie Lo LLC) in which the Facilities are located. In the event that MAKE Santa Fe’s right to occupy the Building is terminated, MAKE Santa Fe may terminate this Agreement immediately without notice. Notwithstanding the foregoing and anything in the contrary to this Agreement, nothing in this Agreement shall be construed to grant a leasehold or tenancy interest in the Building to the Member.

Waiver(Required)

I agree

No delay or omission on the part of MAKE Santa Fe in exercising any right under this Agreement shall operate as a waiver of such right or of any other right of MAKE Santa Fe, nor shall any waiver of such right or rights on any one occasion be deemed a bar to, or waiver of, the same right or rights on any future occasion. The acceptance by MAKE Santa Fe of any payment, or of a sum less than is due, shall not be construed as a waiver of any of MAKE Santa Fe’s rights unless such waiver is in writing.

Partial Invalidity(Required)

I agree

If any one or more of the provisions of this Agreement shall be invalid or unenforceable, the remainder of this Agreement shall not be affected, and each remaining provision shall be valid and enforceable to the fullest extent permitted by law.

Amendments(Required)

I agree

MAKE Santa Fe reserves the right to amend the terms of this Agreement from time to time and at its sole discretion, without the consent of Member. MAKE Santa Fe will notify Member of any amendments in writing, prior to such amendments taking effect.

Age

I am under 18 years old.

Parent/Guardian Name(Required)

First Last

Parent/Guardian Signature(Required)

This is to certify that I, as parent/guardian with legal responsibility for this participant, do consent and agree to his/ her release as provided above of all the Releasees, and, for myself, my heirs, assigns, and next of kin, I release and agree to indemnify the Releasees from any and all liabilities incident to my minor child’s presence, occupancy, use, provision or performance of services or participation in activities on or about the Premises as provided above, even if arising from the negligence of the releasees.

Address(Required)

Street Address Address Line 2 City State ZIP Code

Phone(Required)

Email(Required)

Signature(Required)

BY SIGNING BELOW, I ACKNOWLEDGE THAT I HAVE READ, UNDERSTAND, AND AGREE TO THE TERMS OF THIS MEMBERSHIP WAIVER AND RELEASE OF LIABILITY.