MEMBERSHIP AGREEMENT

BioCurious Inc. (“BioCurious”) is a “not-for-profit” 501(c)(3) organization with primary offices at 3060 Coronado Dr, Santa Clara, CA  95054. We believe that innovations in biology should be accessible, affordable and open to everyone. We are committed to providing a community lab that provides lab space and shared equipment to members.

To that end, this Membership Agreement between BioCurious and (“Member”) is effective as of the date signed by both parties below.

Member and BioCurious hereby agree to the following:

  1.  SERVICES.

 

  1. BioCurious agrees to:

  1. Provide a shared lab space and shared lab equipment available to Member during operating hours.
  2. Provide classes and workshops at BioCurious facilities. Such classes and workshops may require additional attendance fees by Member. Any fees required will be announced by BioCurious before class or workshop begins.
  3. Notify Member if any shared equipment is unavailable for use on any particular day.
  4. Provide safety orientation for members, and additional safety training as may be required from time to time to provide a safe laboratory environment.
  5. Conduct activities in a professional, responsible, ethical and lawful manner.

 

  1. MEMBER agrees to:

  1. Think SAFETY FIRST when using any shared lab facilities and when operating shared lab equipment.
  2. Conduct experiments in a safe and ethical manner as required by federal, state and local laws, and follow the BioCurious Safety Manual at all times.
  3. Assume responsibility for any Guests brought into BioCurious facilities, including shared lab space.

  1. MEMBERSHIP. Membership is paid in advance and renews monthly until cancelled by either party. BioCurious reserves the right to change fees and schedules for existing members with 30 days’ notice.  Current membership fees are in the attached appendix.  See the BioCurious website for a list of membership options, prices, and add-ons.  The obligation to pay membership fees is not dependent of the availability of all BioCurious equipment or facilities. Special engagements, repairs and maintenance may require BioCurious to restrict the use of certain equipment, or make facilities temporarily unavailable. Fees will not be reduced or suspended during the time any equipment or facilities are not available.

  1. Requirements for Membership

  1.  Emergency Contact- Members must have an emergency contact on-file and agree to keep it accurate and up-to-date.
  2. Driver’s License or other government issued identification.

  1. LATE FEES. Any membership fees not received by 10 days after due shall be considered late. A late fee of $30 will be assessed, and membership will lapse until membership fees are paid current.

  1. SAFETY FIRST. Member understands that certain skills and safety procedures are required in order to reduce the dangers involved in laboratory or project work. Member agrees to abide by safety rules at all times, and to comply with procedures in the BioCurious Safety Manual. Member understands that should emergency services become necessary, the expenses are Member’s sole responsibility and not that of BioCurious.

  1. ENTRY CODES / KEY / RFID KEY - Every member is issued there own code or RFID for entry into BioCurious or the lock box to obtain the key to enter BioCurious.  They are not allowed to share their own personal codes or share their code.

  1. CONDUCT. BioCurious is committed to the health, safety and welfare of each of its members, volunteers and staff and will not tolerate unreasonable, threatening, harassing, or illegal behavior. In the event Member shall violate any BioCurious policies, or conduct themselves in an unsafe or unlawful manner, BioCurious reserves the right to cancel their membership.

  1. MATERIALS. Member agrees to add chemicals and organisms used to the safety spreadsheet.

 

  1. BioCurious needs to know what its members are using. Member agrees to notify the Safety Officer of organisms and chemicals brought onto the premises of BioCurious. This can be done confidentially. Lying or misleading the Safety Officer is grounds for immediate membership termination and the user will be responsible for any incurred expenses, including fees for chemical composition testing, fees associated with transport and proper waste disposal fees.
  2. Any fees resulting from decontamination and/or otherwise bringing the lab back into compliance will be paid by the person who brought the materials into the lab.

  1. TERM AND TERMINATION. Members may cancel membership at any time by accessing their online account or notifying BioCurious in writing or in person any time during business hours prior to the first day of the month to be cancelled. After the first of the month, membership cancellation will be effective the first day of the following month.
  1. Member agrees to remove all belongings from premises within five days of membership cancellation.
  2. Should there be any outstanding charges owed to vendors or others, Member agrees to pay for any charges or fees. In case of non-payment, BioCurious will recoup, through any necessary means, any unpaid charges resulting from a Member’s order.

  1. DAMAGES. Any damage caused by negligible or willful acts by Member or Member’s Guest, beyond that arising from normal wear and use, must be paid for by the Member or former Member if requested by BioCurious. BioCurious will recoup costs resulting from damaged equipment, chemical disposal, or messes from the member.

  1. PERSONAL PROPERTY Members may only bring in their own personal equipment if they first obtain permission from the equipment group (equipment@biocurious.org). If the member obtains permission to bring their equipment into BioCurious all equipment must be labeled with the property owner's name and contact information. If any equipment is brought into BioCurious without permission it may be quarantined and then disposed of.  The owner agrees and understands that any equipment that is given permission to bring equipment into BioCurious may be broken, damaged, or stolen.  BioCurious takes no responsibility financial or otherwise for equipment brought into BioCurious.

  1. DONATIONS Donations to BioCurious No member is allowed to accept donations on behalf of BioCurious.  All Donations must be approved by the board and properly documented.

  1. INTELLECTUAL PROPERTY / PATENTS / LICENCE AGREEMENTS / MATERIAL TRANSFER AGREEMENTS/ NON-DISCLOSURE AGREEMENTS: Unless expressly agreed otherwise by both parties, BioCurious does not assume ownership to any invention conceived or first actually reduced to practice at BioCurious by Member or Member’s Guest in conjunction with this Membership Agreement. BioCurious assumes no responsibility for members intellectual property agreements including with the member's employer, collaborators, or third-parties. The burden is on the member to read and understand all terms in contract agreements such as; Licence agreements, Material Transfer Agreements or Non-Disclosure Agreements. These contracts are solely between the Member and the third party. BioCurious cannot be held responsible for any contract violations made between a member and a third party.

  1. LOST ARTICLES. BioCurious assumes no responsibility for lost or stolen articles. Lost articles not claimed after 30 days will be donated or disposed of.

  1. GUESTS. Members may bring guests to BioCurious co-working portion and not inside the lab unless pre-authorized for classes. Guests must sign a Visitor Hold Harmless Release to be permitted into BioCurious facilities. Member is responsible for supervising Guest, is responsible for actions of Guest, and must accompany Guest at all times during the visit.

  1. CHANGE OF RULES AND/OR REGULATIONS. BioCurious reserves the right to add to, change, or remove rules, conditions of membership, operating hours and/or the services and facilities offered by BioCurious from time to time as they deem necessary.

  1. WAIVER, RELEASE AND ASSUMPTION OF RISK. Member understands that membership at BioCurious and participation in BioCurious activities and events is completely voluntary. Member acknowledges that there are video cameras on site, and that there is no expectation of privacy while on site. Member understands, acknowledges, and agrees that membership has inherent risks, including potential personal injury (including physical and/or psychological injury, pain, suffering, illness, disfigurement, temporary or permanent disability, death or economic loss,) and property damage. These injuries or outcomes may arise from Member’s own or other’s actions, inactions, or negligence, or the condition of the BioCurious facility. Nonetheless, Member assumes all risks of their participation at BioCurious, whether known or unknown to them. Member understands that they may come in contact with various chemicals, some potentially harmful, and may decide to participate in laboratory experiments only after receiving safety training. Member understands that it is their responsibility to use BioCurious facilities and equipment in a safe and ethical manner at all times.

  1. HOLD HARMLESS. Member hereby releases, waives, discharges, and covenants not to sue, and to hold BioCurious harmless, as well as its directors, agents, officers, and employees, against loss (including reasonable attorney’s fees) from any and all claims of negligence, demands, rights, or cause of actions of any kind or nature that may hereafter at any time be made or brought by Member or on Member’s behalf for any known or unknown, foreseen and/or unforeseen bodily or personal injuries, damages to property and consequences thereof which may be sustained by Member as a direct or indirect result of participating in membership at BioCurious, or from participating in BioCurious activities and events. This hold harmless clause is not intended to indemnify against any cost or damage, or portion thereof, caused by Member.

WITNESS WHEREOF, this Agreement is duly executed this _____ day of _____________, 20____.

MEMBER:                                                        BIOCURIOUS:

                                                                ________________________________________

Signature                                                        Officer

                                                                ________________________________________

Printed Name                                                        Printed Name

                                                        

Date

                                                        

Address

                                                        

Phone Number

                                                        

E-mail


PARENTAL/GUARDIAN CONSENT

The undersigned person is a parent or guardian of the Member in this Membership Agreement and makes this agreement for the purpose of enabling the Member to use the BioCurious facilities. The undersigned person has read through the Agreement, consents to Member using BioCurious facilities and is aware of the potential risks involved in such use. The undersigned person further agrees that this consent shall constitute a bar to any recovery by them for any loss to them due to such use, including but not limited to loss of the Member's services or companionship or loss of or damage to any personal property. The undersigned person hereby holds BioCurious, its successors, assigns, owners, officers, directors, employees, and agents harmless from any and all claims which may be brought against them by the undersigned person, Member, or on Member's behalf, or by Member's family for any such injuries or claims aforesaid and the undersigned person for themselves and on behalf of Member and his family, executors, administrators, and personal representatives do hereby forever release and discharge BioCurious, its successors, assigns, owners, officers, directors, employees, and agents from all claims, demands, injuries, damages, actions, losses and expenses.

                                                         

PARENT/GUARDIAN:

                                                        

Signature

                                                        

Printed Name

                                                        

Date

                                                        

Address

                                                        

Relationship to Member


BIOCURIOUS:

                                                        

Officer

                                                        

Printed Name

Appendix - Membership Options and Add-ons

Updated: 6/5/2017

Membership Options

Standard Membership - $100/month  

Family Membership- $150/month  

Student Membership- $50/month  

Annual Membership-  $1000/year  

Membership Add-ons

Member Dry Storage Bin- $5/month/ bin

-80oC Ultra Low Freezer Storage-  $20/month

Tissue Culture Room access- $150/month

Dedicated lab Bench- $300/month