Terms and Conditions
What are these Terms and Conditions?
These Terms and Conditions set out the terms on which Turning Earth Ceramics Limited (the “Company”) provides the Services and allows a person to become a Member of the Studio. These Terms and Conditions apply to all Members of the Studio and to all applications for Membership of the Studio.
Please review these Terms and Conditions carefully and make sure that you understand them. If you do not agree to these Terms and Conditions, you must not become a Member of the Studio or apply to become a Member of the Studio.
In the Terms and Conditions the following definitions apply:
“Class” means any organised and supervised session for Members for which an additional fee may be charged; “Class Participant” refers to any Member who is paying for Classes; “Company” means Turning Earth Ceramics Limited; “Member” means any person who has completed and submitted an application for Membership using the Registration Form either via the Website or in person and whose application has been accepted by the Company; “Membership” means membership of the Studio which carries with it the benefits and obligations set out in these Terms and Conditions; “Minimum Membership Period” has the meaning given in condition 10.2; “Notice Period” means the notice period set out in the terms relevant to the contract option chosen by the Member. The default notice period (where another period is not stated) is 1 calendar month to expire no earlier than the end of the Minimum Membership Period; “Open Studio Member” refers to any Member who is paying for Open Studio time; “Registration Form” means the online or paper form to be completed by a person wishing to become a Member of the Studio; “Services” means all those services provided by the Company at the Studio to Members as part of their Membership; “Session” means any period of time during which the Member has booked to use the facilities offered by the Studio; “Studio” means the Company’s Hackney studio at 361-362 Arches, Kingsland Viaduct, Whiston Road, London E2 8BW. “Terms and Conditions” means these terms and conditions. “Week” means the period running from 00.01 on a Monday morning to 23.59 on the following Sunday evening. References in the Terms and Conditions to the singular will include the plural and vice versa and references to the masculine gender will include references to the feminine gender and vice versa.
These Terms and Conditions are incorporated into the Registration Form.
The Company may at any time modify these Terms and Conditions. We will notify you of any changes to these Terms and Conditions either by emailing you and/or by posting a notice at the Studio. By continuing to use the Services after changes to these Terms and Conditions are made and notified to you, you agree to be bound by such changes.
You can review the most current version of our Terms and Conditions at any time by clicking on the “Terms and Conditions” link located at the bottom of the Website. It is your responsibility to ensure that you are familiar with the current Terms and Conditions. You are advised to check the above link on a regular basis.
A person shall only become a Member of the Studio when he has completed the Registration Form and his application for Membership has been accepted by the Company in writing. At such time, the Member shall be deemed to have irrevocably agreed to these Terms and Conditions.
If a Member brings a guest to the Studio for a Session or Class that guest must before the commencement of the relevant Session or Class become a Member in accordance with and subject to these Terms and Conditions.
Subject to any statutory right of cancellation, payments for Memberships and Classes are non-refundable unless otherwise stated in these Terms and Conditions.
Any Member who purchases Open Studio time by subscription shall be entitled to use the Studio for up to 15 hours in any Week. Weekly hours may not be carried over.
In the event that a Member wishes to use any additional Open Studio time during any Week, he must agree such time in advance with the management of the Studio and purchase such additional Open Studio time in advance in blocks of 5 hours. Each hour shall be charged at 33.5% of the standard contract rate applicable to such Member.
The provision of additional Open Studio time pursuant to condition 3.5 is subject to Studio space being available and is at the discretion of the management of the Studio. No member shall be permitted to use additional Open Studio for more than 15 hours in any six month period.
An Open Studio Member, at the sole and discretion of the Company, may suspend his membership for a period of two months (but not a lesser period) in any 12 month period. An administration fee of £20 per month will be payable by way of reduced monthly fee or as otherwise indicated by the Company for the period of suspension.
Membership fees must be paid in accordance with these Terms and Conditions irrespective of whether or not the Member uses the Studios’ facilities.
Membership fees may be increased at the Company’s discretion. Members shall be given at least 10 working days’ notice of any increase in Membership fees.
A Member may not attend any Class or Session at the Studio without first booking and paying for the relevant Class or Session.
To reserve a Class or Session, payment must be received by the earlier of 14 days prior to the scheduled start date or (if booked sooner, at the time of booking). Cancellations must be made in accordance with the cancellation terms below.
Payments for Sessions and gift certificates in any amount are non-refundable unless otherwise stated in the Terms and Conditions. If a package is bought and only part used there will be no refund available for the remaining Sessions.
A Member may only buy gift certificates for other Members.
Details of Open Studio prices and Class prices are available either on the Website or directly from the Studio and will be such prices as determined by the Company from time to time.
Subject to any right of the Company to cancel or suspend the Membership, the Membership will continue indefinitely unless and until a Member cancels his Membership by written request to the Company giving one clear calendar month’s notice of the desired cancellation date which date must be no earlier than the end of the Minimum Membership Period. No refunds shall be given to any Member in respect of any Membership fees that have already been paid.
If a Member does not pay his Membership fees for the Minimum Membership Period (or cancels his Membership during the Minimum Membership Period) then the Member is liable in full for the difference between the rolling monthly rate at the date of termination and the price paid by him under his subscription.
Each Member agrees and acknowledges that by agreeing to the Minimum Membership Period, he is being given preferential rates by the Company and therefore it is fair and reasonable that the Member is liable for the payments referred to above.It is the responsibility of the Member to cancel any direct debit or standing order with his / her bank on termination of his Membership. The Company 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 Turning Earth Ceramics Hackney Ltd to any Membership fees may cancel his Membership by giving notice to the Company in accordance with condition 10. 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 (or in the case of a Member whose Minimum Membership Period has not ended until the end of such period).
If the Membership fees are paid by debit or credit card (or any Membership fees remain outstanding beyond the due date) the Member unconditionally and irrevocably authorises the Company to debit any credit or debit card provided by the Member with the monthly Membership fee (or any outstanding fees) without prior notice to the Member.
Memberships, once the contract is started, are non-transferable and cannot be shared.
Open Studio Members have a set firing allowance included in their monthly fee as well as access to studio glazes. Class participants pay a material fee based on fired weight. Current fees and allowances are stated on the Website.
The Company does not accept overseas payments.
Studio Opening Times
The Company reserves the right to vary opening times. Opening times will be detailed on the Website and will be updated from time to time.
The Studio will be closed for two weeks a year including a week over the Christmas holidays. The Company reserves the right in its sole and absolute discretion to close the Studio for additional periods.
Bookings and Cancellations of Sessions and Classes
A Member may only book or reschedule any Session or Class for himself via his personal Studio booking facility on the Website.
A Member will be charged for a Session or Class (as applicable) where cancellation or the rescheduling of a Session or Class is not made online or notice of the same is not delivered by hand to the Studio and received in person by a Studio employee in each case at least 24 hours prior to the booked time for such Session or Class.
Sessions and Classes are booked on a first-come first-served basis. A Member may use the waiting list facility on the Website in the event that his first choice of Session or Class is unavailable. If a Member joins the waiting list for a particular Session or Class and then books that Session or Class his booking will be subject to these Terms and Conditions.
The Company shall not be held responsible in respect of any particular Session, instructor and/or item of equipment not being available for whatever reason. The Company 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 Company shall not be liable for any loss occasioned by such alterations except insofar as such loss is by law incapable of exclusion.
Health and Safety
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 read and follow the health and safety information outlined in the handbook and undergo a Health and Safety induction before he begins his Membership.
Each Member must comply with all health and safety instructions given by the Company’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 Studio. 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.
Smoking is forbidden in the Studio.
Use of facilities
A Member is entitled to use the Studio’s facilities during its opening hours and subject to these Terms and Conditions provided always that the Company may at any time without notice withdraw all or part of its facilities for any period or periods in connection with any cleaning, repair, alteration or maintenance work or for any other reasons.
Children under the age of 16 may only use the Studio and attend any Class if accompanied by an adult (who must be a Member). Members under the age of 18 must have consent, in written form, from a parent or guardian.
Open Access Membership includes “fair usage” of glazes provided by the Studio for use on pieces made in the Studio only. External glazes or self-made glazes must not be used in the Studio unless with prior written permission from the Company’s Technical Director. To gain permission the glaze must be test-fired in collaboration with a Company technician to ensure there will be no damage to the kilns or kiln furniture or other Member’s work.
Open Access Membership includes up to 2,500 cubic inches/ 30 litres of kiln firing space per month in communal firings loaded by a Company technician at the Studio’s pre-set temperatures. Only pieces made in the Studio may be fired under this allowance. This allowance cannot be carried forward to the following month. Any additional work is fired at 1.50 p a litre for members. This price is subject to change to reflect the true cost of firing.
All glazed pieces must be fired on a purpose-made firing bat to prevent damage to kilns from running glazes. Members are 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.Cleaning
All Members are required to spend at least 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.
Any Member that does not wish to or does not have time to clean the Studio for 20 minutes at the end of each Session will be required to pay a 20% increase in their Membership fee to cover staff cleaning time. This arrangement is to keep costs down for all Members as the Company does not employ cleaning staff.
Each Member is required to comply with the Studio’s three bucket cleaning system for cleaning equipment for the use of clay and glazes as well as hand washing. Studio sinks should not be used for the purposes of cleaning clay, glaze or other materials from equipment or hands. These are to be exclusively used for collecting water and for the purpose of hygiene. Clay, glaze and plaster must not be disposed of in sinks and drains, neither in the Studio nor in the yard outside. All members must use disposal buckets provided.
Termination of Membership
A Member may cancel a Membership within 14 days of acceptance of his Membership by the Company on condition that he has not used the Studio and/or attended a Session or Class during such period. In order to Cancel a Membership using this condition 10.1, the Member must provide written notice of cancellation to the Studio either by email or by letter hand delivered to a Studio employee.
Any Member that is purchasing Open Studio time by regular payment agrees that he cannot cancel his Membership before the expiry of the minimum period of 3 months from the date of his initial payment (the “Minimum Membership Period”) for a month-to- month contract, 6 months for a 6-month contract, or 12 months for an annual contract.
A Member may terminate his Membership by giving written notice to the Studio of no less than the Notice Period to expire prior to the end of the Minimum Membership Period.
The Company reserves the right to expel from the Studio (and terminate his Membership of the Studio), suspend his Membership for a specific period or refuse to renew the Membership of any Member: whose conduct is or may, in the Company’s reasonable opinion, be injurious to the character of the Studio; or who breaches any of these Terms and Conditions (as amended from time to time); or where it would otherwise be in the best interests of the other Members of the Studio.
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 Studio may terminate the Membership of any Member in the event that such Member fails to make payment of any sum due to the Studio 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.
Limitation of Liability
Nothing in these Terms and Conditions shall limit or exclude the Company’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. Subject to condition 11.1: the Company 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 Company’s total liability to the Member in respect of all other losses arising under or in connection with his 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 Member 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 Company shall not be responsible or liable for any delay in or failure to run Sessions or Classes (i.e. the performance of this Agreement), if such delay or failure is due to any cause beyond our reasonable control, such as, but not limited to, strikes, scarcity of labour, fires, floods, epidemics, forces of nature, acts of war, storms, earthquakes, explosions, accidents, scarcity of materials, fuel or transportation, and delays or defaults caused by public carriers that cannot reasonably be forecast or provided against, embargoes, governmental regulations or orders, perils of navigation, acts of public enemies, mobs or rioters and acts of God. If any such event, not reasonably within our control, were to occur, all Sessions and Classes are strictly non-refundable and non-exchangeable notwithstanding our standard terms and conditions and refund policy.
Personal belongings are brought onto the Studio premises at the Member’s own risk and the Company does not accept liability for any loss or damage whatsoever to such items.
The Company 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 11 shall survive termination of these Terms and Conditions.
Each Member represents and warrants to the Company that all information provided by him is true complete and accurate at the date it is given to the Company. 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 Member within five days of mailing to the last address notified to the Company.
The Company reserves the right to refuse admission to the Studio.
The Company may assign the benefit of these Terms and Conditions and a Member’s Membership to a third party at any time without notice to the Member.
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 Company may communicate with the Member by electronic mail (“email”). By providing an email address to the Company the Member consents to receiving email communications from the Company, including notices pursuant to the Terms and Conditions. The Member also accepts the risk that email may not be a secure and confidential means of communication. The Company will not be liable for any loss or damage suffered as a result of communicating with a Member 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 Company in connection with the Studio and which are made available to Members at the Studio shall at all times remain the property of the Company and will be subject to the Company’s copyright.