Terms and Conditions

The Listening Club NFP 

Membership Agreement

Version 1.2 dated 17.10.2021

Approved by vote of the Board of Directors 2.11.2021

This membership agreement is a contract that discusses member rights, responsibilities, and expectations of all members or guests of The Listening Club. This membership agreement references a number of official policies that are available for member review. These documents can be found in TLC’s office. The Membership Agreement will be referred to as “Agreement,” and The Listening Club also referred to as “TLC” and/or “Organization”, the physical space it inhabits referred to as the “Facility”, the The Listening Club’s Member(s) referred to as “Member(s)” or “Membership”, and any associated guests of Members referred to as “Guests”.

Positions responsible for the oversight and administration of the organization include the Board of Trustees, the Board of Directors, Officers, and any designated agents selected by a Vote of the Board of Directors, whose names shall be maintained in a public list of roles and duties. The Membership is responsible for the maintenance and stewardship of the organization for the benefit of all Members.

Section 1:

Membership Agreement, Limitation of Liability & Waiver

All members, guests, and participants, enter into this Agreement as a condition of membership and as a part of participating in The Listening Club activities and/or events, and extends all rights and privileges herein to TLC and its affiliates.

All members, guests, and participants, have read, understood, agreed to and signed TLC’s “Waiver and Release of Liability, Indemnification and Assumption of Risk, and Hold Harmless Agreement” herein called “Waiver”, which will be provided simultaneously with this Membership Agreement prior to the use of facilities, and/or attendance at any workshop provided by TLC. No member or non-member is permitted to use the facilities, items, or equipment for any reason without the acceptance and signing of the Waiver.

Section 2:

Member Conduct:

All members, guests, and participants at TLC agree to treat all members and guests with courtesy and respect regardless of level of experience, level of ability, level of interest, gender, gender expression, sexuality, age, race, creed, color, origin, or personal experience.

The following actions are prohibited by members and guests while at TLC:

1. Disregard for personal safety.
2. Reckless endangerment of others.
3. Intentional damage or theft of TLC equipment or members' and guests' personal belongings.
4. The use of TLC equipment, facilities, or network to perform any act deemed illegal by State, Federal, or Local law.
5. Violence or threats of any kind.
6. Failure to treat a person, member, organization, or facility with respect.
7. Harassment (see below).

Member agrees to follow all policies now in force, or in the future, adopted by TLC, including, but not limited to policies with regard to use of equipment, services and Facility premises and amenities. Any delay or failure by The Listening Club to enforce any policy or rule presented within or without this agreement will not constitute a waiver of The Listening Club’s right to do so in the future.

Only persons or members that have been formally authorized to act as an agent or representative of The Listening Club are permitted to represent in any and all conversations, writing, or other communication with any public official or service provider. Failure to secure permission may result in the forfeiture of membership.

Section 3:

Non-Discrimination

The Listening Club does not promote or discriminate against any person, population group, or organization with regard to categories protected by applicable United States law. These include, but are not limited to race, color, religion, sex, gender expression, sexual orientation, physical appearance, language, educational background, national origin, age, disability, and veteran status.

Section 4:

Anti-Harassment

All members must avoid any behavior or conduct that could reasonably be interpreted as harassment, which includes, but is not limited to:

1. Offensive or abusive comments including epithets, slurs, negative stereotyping, verbal kidding, teasing, jokes, or intimidating acts related to race, religion, gender, gender identity and expression, sexual orientation, disability, or physical appearance
2. Gratuitous sexual or obscene objects, images, or behavior
3. Unwelcome physical contact or sexual attention without consent or after a request to stop
4. Explicit or implied demands for sexual activity
5. Threats or incitement of violence towards any individual, including encouraging a person to engage in self-harm
6. Deliberate intimidation by words, gestures, body language, or threatening behavior
7. Stalking
8. Harassing photography or recordings
9. Continued one-on-one contact or communication after requests to cease
10. Deliberate "outing" of a sensitive aspect of a person’s identity without their consent
11. Deliberate misgendering. This includes dead-naming or persistently using a pronoun that does not correctly reflect a person's gender identity.
12. Discussions about explicit sexual behavior or interests without consent or after a request to stop.

Members are allowed to express the socializing limits they wish to have with another member; members must abide by that limit.

Creative content presented at TLC of a graphic sexual, violent, or disturbing nature is permitted. However, any predetermined intent to include potentially disturbing material should be accompanied by a notification to a Director so that sufficient warning may be provided to the membership. This can be amended at the discretion of the Board.

Section 5:

Membership Benefits, Tiers, and Dues Schedule

The benefits of membership in the Organization shall be conferred upon the member when the requirements listed in the Classes of Membership [Bylaws III.1] have been fulfilled, and with respect to the following:

Membership dues, tiers, benefits, discounts, and payment methods are set by resolution of the Board of Directors.

Allowed methods of payments shall be:

Electronic payments as detailed and  accepted through the Organization’s website.

Membership

1. $20 per month , paid monthly beginning on the join date, non-refundable.
2. Facility access during all public hours
3. Voting privileges
4. Access to equipment and any associated authorization
5. Access to any applicable online forums or discussion groups

Section 6: 

Representations and Warranties

By submitting payment upon formal acceptance into TLC and in accordance with the dues schedule, via accepted methods of payment, the individual has initiated membership to The Listening Club, is now a member and asserts the following: 

1. Member agrees to follow the rules and policies laid out in the Bylaws and Membership Agreement and any current policies enacted by the Board of Directors.
2. Member has had the opportunity to read and fully understand this agreement.
3. Member has had the opportunity to inspect and verify, to their satisfaction, any and all claims made about the organization.
4. Member is not acting in reliance upon any information, representation of quality or nature of, notice or advertisement of the organization, facility, Board, volunteers, affiliates, qualifications or skills of other members, nature of services, nature of the community, or of the present, minimum, or maximum number of members who may use the facilities at any given time.

Section 7:

Member Responsibilities

It is the responsibility of each member to help enforce the Membership Agreement. If a member  is violating the Membership Agreement, politely explain to them why their behavior is not acceptable. Egregious violations should be reported to a Director as soon as possible.

Members agree to and assume the following responsibilities for:

1. their actions, physically and electronically, within the organization and its spaces including but not limited to the facility, online communication methods, and events.
2. their personal belongings at all times, including but not limited to supplies, equipment, projects, and personal effects.
3. cleaning up any waste, trash, food, mess, smells, etc that they create. Members will make a concerted effort  to leave the facility better than it was found.
4. contributing to the general improvement and maintenance of the facility, equipment, operations, and community.
5. reporting any items or equipment in the facility that are missing, broken or otherwise not behaving as expected, to the Board of Directors and sending an email to listenchicago@gmail.com with the item name, location, and detailed description of the occurrence.
6. not living in, residing in, or inhabiting any club facilities. Naps are not prohibited, provided the nap is of a reasonable length, and does not inhibit another member’s use or enjoyment of TLC.
7. any non-member they permit to enter the facility. If a person without the key and/or door code requests access, they must be a guest at a public event or a guest of a specific member. If they claim to be a member, ask a Board member to verify their membership before allowing unsupervised access. Do not provide the key or door code to anyone under any circumstances.
8. maintaining a safe and clean environment at all times.
9. returning all items and equipment to their designated location. All items and equipment must remain on site at all times, unless granted specific approval by a Board member. Removal of items, tools, or equipment that is not the property of the member will be considered theft.
10. providing accurate information. For purposes of identification and billing, member agrees to provide TLC with current, accurate, complete and updated information including legal name, address, telephone number, e-mail address and current payment information. Member agrees to promptly append any changes to their contact information, by accessing their member profile or notifying the Board of the change. Member also agrees to provide a phone number and name of an emergency contact.
11. receiving transactional emails about essential organization activity, like payment and votes, and important information relating to the organization.

Section 8:

Guests

Guests must sign the Waiver.

Guests may only be present in The Listening Club with a Member present and under their direct supervision.

Guests are not allowed to use items and equipment, except as part of a scheduled class or workshop, or by special permission of the Board.

Members are responsible for their associated Guests and their actions.

Section 9:

Minors

Minors and adults under 21 must be accompanied closely (ie. visual range) by a Parent or Legal Guardian at all times and are not permitted to have unsupervised access to the facility.

Minors under the age of 18 must sign a liability form and have it co-signed by a Parent or Legal Guardian.

Parents/Legal Guardians are directly responsible for their children and their actions.

Section 10:

Safety

Members and Guests are permitted to use the facilities provided they comply with all policies and safety procedures including, but not limited to:

1. Fulfilling the prerequisites determined by the Board
2. Completing the required authorization(s)

Anyone that is asked to cease unsafe, dangerous, or damaging behavior is expected to comply immediately.

Section 11:

Surveillance Cameras

TLC reserves the right to place surveillance cameras within and without the facility where necessary and appropriate to monitor certain public areas by a vote of the Directors.

Only the Board of Directors or designated agents may have access to security footage on an as-needed case-by-case basis. Any instance of accessing camera footage shall be recorded in the following member meeting’s minutes and shall include the reason and individual accessing the footage. If providing a public reason would conflict with confidentiality in a dispute, surveillance footage access should be recorded in the process notes of the Board for that raised issue.

All camera footage will be kept for a maximum of 6 months, unless part of an ongoing Board proceeding.

Members may not install recording devices or cameras in the facility without a vote of the Directors.

Section 12:

Conflict Resolution Procedure

Members, guests, and participants are expected to resolve raised issues and disputes on their own, when at all possible; unbiased parties or mediators should be encouraged to assist. If the issue remains unresolved, any member may file an issue with the Board of Directors, who will address the dispute in the manner they see fit.

Section 13:

Temporary Removal of Membership Rights and Privileges

TLC may immediately revoke or suspend the rights and/or expel from the premises, online systems, or sponsored events, any members, guests, or participants found to be in violation of the membership agreement, bylaws, or policies by a majority of the Board of Directors.

Written notice of temporary removal of membership privileges and rights shall be sent to the member’s email on file, and be in-force immediately unless explicitly stated otherwise in writing.

Members whose rights and privileges have been temporarily removed shall be allowed to return to the facility at scheduled times to speak directly with Board, to collect or remove belongings under direct scheduled supervision of a Board member, or any other purpose at the discretion of the Board.

If a Member’s rights are removed for any reason, the Organization shall not be required to refund any fees.

Section 14:

Reservation of Rights of the Organization, Warranty Disclaimer

1. The Board reserves the right at any time to alter the hours of operation, and the right to amend the cost of, add, modify, assign, terminate, exclude and/or eliminate any membership, option, benefit, service, session, facility, activity, class or program by majority vote of the board.
2. Equipment at the facility of TLC is subject to demand and may be unavailable at certain hours and events may be cancelled or times thereof changed at TLC’s sole discretion.
3. TLC reserves and shall have the right to collect at any time any previous outstanding membership balances due and owing that have not been satisfied.
4. Contributions to TLC’s infrastructure or systems relevant to the Corporation’s execution of its purpose and goals, including but not limited to work, materials, tools, equipment, and intellectual property are implicitly owned by the organization from the time of application, unless otherwise documented through written contract or loan agreement between TLC and contracted parties, and filed with the Secretary of the organization.
5. The facility, tools, materials, equipment, and all services associated with this membership and any workshops are provided on an “as is” and “as available” basis without warranties of any kind, either express or implied. TLC disclaims all warranties, express or implied, including, without limitation, implied warranties of merchantability and fitness for a particular purpose.
6. All tools, equipment, furniture, etc on site are the express property of The Listening Club, unless otherwise noted.
7. Member-owned items loaned to TLC must be accepted by the Board; members are required to enter into a loaned equipment agreement. A signed copy of the loan agreement must be submitted to a Board member for the loan to be valid.
8. Members are allowed to bring their own equipment into the facility but are required to clearly denote ownership and maintain their items in designated storage spaces included as part of membership or in accordance with temporary storage policies. It is the responsibility of the member to denote, maintain, and store items not expressly on loan to TLC. Board Members may limit the use of or disallow member-owned equipment at their discretion. TLC is not responsible for any aspect of equipment brought into the facility that are not on loan [see 14.7].
9. Donations are accepted at the discretion of the Board. Donation forms for tax purposes are available on request from the Treasurer of the organization, if applicable.

Section 15:

Rights of Publicity

1. Member grants to TLC, the Board of Directors, and designated agents, the right to photograph, videotape and publish, visually and/or audibly, their likeness, projects, and possessions. Any original musical material released by The Listening Club will be at the discretion of artists and subject to contract negotiations before publishing.
2. TLC is not responsible for photographs taken by members and/or guests in the facility, or at events, or gatherings. Members and guests are expected to be respectful of any other member’s or guest’s personal space and privacy in accordance with Section 1-3.

Section 16:

Privacy

1. The Listening Club will comply with all Federal, State, or Local laws with respect to the display, discussion, or provision to any party, of information which identifies an individual or provides sensitive personal information as a result of any otherwise legal request.
2. Various members of The Listening Club, acting within their capacity as Officers or assigns, may access such information only to the extent necessary to perform their job function, on a need to know basis with the explicit written permission of the Board of Directors.
3. TLC shall not sell or rent Members’ personal information to third parties.
4. TLC may engage third parties to support the function of the organization and may use Member’s personal information to provide services to the Member on behalf of the organization.

Section 17:

Electronics, Computing, & Networking Policy

By way of example, and not as a limitation, Member agrees that when using electronic assets related to TLC they will not:

1. Use it in connection with sponsoring contests, pyramid schemes, chain letters, junk email, spamming or any duplicative or unsolicited messages (commercial or otherwise).
2. Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
3. Publish, post, upload, distribute or disseminate any topic, name, material or information that would otherwise violate any of the provisions within this membership agreement.
4. Upload, or otherwise make available, files containing copyrighted or trademarked works unless the member owns or controls the rights thereto or have received all necessary consents to do the same.
5. Upload files that contain viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files, or any other similar software or programs that may damage the operation of another’s computer or property.
6. Knowingly download, distribute or upload any files that would constitute a violation of existing or relevant laws, or use any TLC system for illegal or criminal purposes.
7. Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded, outside of the provisions of that work.
8. Violate any code of conduct or other guidelines which may be applicable for any particular Communication Service.
9. Harvest, distribute, or otherwise collect information about others, including email addresses, without the subject’s consent.

Section 18:

Assignment

This Agreement and the rights and obligations contained therein may not be assigned, delegated or transferred by either party and any such attempt shall be void.

Section 19:

Governing Law; Venue

This Agreement shall be construed in accordance with, and governed by, the laws of the State of Illinois as applied to contracts that are executed and performed entirely in Illinois. The exclusive venue for any action, arbitration, or other proceeding based on or arising out of this Agreement shall be Cook County, Illinois.

Section 20:

Jurisdiction of Disputes

Any disputes based on or arising out of this Agreement or its subject matter, whether based on contract, tort or other legal theory, shall be heard and determined by a judge of the Circuit Court of Cook County Illinois.

Section 21:

Modification of Agreement

All amendments, changes, or additions to the Membership Agreement shall be executed by a “vote of the Membership” or “vote of the Board of Directors” as per the TLC bylaws.

Section 22:

Severability

If any provision of this Agreement is declared invalid or unenforceable by a court having competent jurisdiction, it is mutually agreed that this Agreement shall endure except for the part declared invalid or unenforceable by order of such court. The parties shall consult and use their best efforts to agree upon a valid and enforceable provision which shall be a reasonable substitute for such invalid or unenforceable provision in light of the intent of this Agreement.

Section 23: 

Entire Agreement

This Agreement constitutes the entire agreement between the parties hereto pertaining to the subject matter hereof, superseding any and all other previous and contemporaneous agreements, understandings, proposals, conditions, warranties, representations or statements, oral or written, with regard to the subject matter hereof. Any previous agreements between the parties pertaining to the subject matter of this Agreement are hereby expressly canceled and terminated.

Agreement to the terms of the membership agreement persists regardless of subsequent changes to the terms of the agreement. TLC will notify members of changes to the Membership Agreement using the contact information provided by the member.