MEMBERSHIP TERMS & CONDITIONS

The following terms and conditions cover the rights and responsibilities of any person who has paid the Annual Membership Fee to Melbourne Electronic Sound Studio Ltd (hereinafter referred to as ‘the Member’) and the organisation Melbourne Electronic Sound Studio Ltd (hereinafter referred to as MESS).

By becoming a Member of MESS and using this service, you acknowledge that you have read, accepted and agreed to be bound by the terms and provisions of this agreement. In addition, when using MESS services, you shall be subject to any guidelines or rules applicable to such services. Payment of the Annual Membership Fee constitutes acceptance of this agreement.

If you do not agree to abide by these conditions, please do not become a Member.

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Table of Contents

  1. Conditions of Membership
  2. Term of Membership and Payment Method
  3. Benefits
  4. Responsibilities
  5. MESS Policies
  6. Changes to Policies and Procedures
  7. Cancellation of Membership by Member
  8. Termination of Membership by MESS
  9. Complaint Resolution Process
  10. Studio Bookings
  11. Studio Use
  12. Reporting Faults and Problems
  13. Code of Conduct
  14. Privacy and Information
  15. Internet and Social Media
  16. Social Media
  17. Operational Health & Safety
  18. Intellectual Property

Conditions of Membership

Any person over 18 of years of age can become a Member of MESS. While MESS will design programs for younger people as part of annual operations Memberships are not presently available to underage persons.

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Term of Membership and Payment Method

Upon payment of the Annual Membership Fee, the Member will have conferred to them all of the benefits and responsibilities outlined below for the calendar year as at the date that the payment is processed. Payments can be made through the website mess.foundation

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Benefits

Upon payment of the Membership fee Members will be entitled to the following benefits:

  • Access to the Member studio at the rate of $44 per 4 hours. Bookings are to be made in accordance with the MESS Booking Policy (refer to the Studio Bookings Policy).

  • Discounted rates and first preference bookings on all MESS events and offers including guest artist talks, concerts and specialist courses.

  • Subject to availability, in any given session Members can bring ONE guest to a booking to work with them at their station. This guest will need to sign in on arrival with the Studio Supervisor and agree to be bound by these terms and conditions. Guest quotas will be allocated at the booking stage. Once the quota is reached it won’t be an option to book a guest.

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Responsibilities

Members must abide by these Terms and Conditions, the MESS Policies and the MESS Code of Conduct. You will be provided with copies of the Terms and Conditions, MESS policies and the MESS Code of Conduct if you become a Member. You can also view the documents at any time by visiting mess.foundation/policies.

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MESS Policies

Detailed below are the MESS Policies that you must abide by as Members. These form a binding part of this membership agreement.

  • MEMBERSHIP CANCELLATION & TERMINATION

  • COMPLAINT RESOLUTION

  • STUDIO BOOKING

  • STUDIO USE

  • MESS CODE OF CONDUCT

  • PRIVACY

  • INTERNET & SOCIAL MEDIA

  • OH&S

  • INTELLECTUAL PROPERTY

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Changes to Policies and Procedures

MESS reserves the right to change these terms conditions and its policies and procedures from time to time as it sees fit and your continued use of MESS will signify your acceptance of any adjustment to these terms and policies. Any changes to our policy will be posted on our site 10 days prior to these changes taking place and notifications will be sent to Members by email.

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Cancellation of Membership by Member

A Member can cancel their Membership at any time by providing written notice to admin@mess.foundation. Membership fees paid to MESS are non-refundable.

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Termination of Membership by MESS

MESS reserves the right to terminate a Membership if a Member breaches any term of the MESS Policies and/or MESS Code of Conduct. In circumstances where Members have a personal difficulty with other users, staff or management Members are requested to follow the Complaint Resolution Process outlined below.

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Complaint Resolution Process

The objectives of the Complaint Resolution Process is to provide a mechanism for Members to raise a complaint without fear of retribution and to enable corrective action to be taken where necessary. Management will do their utmost to deal with complaints objectively, discreetly and promptly.

Informal process

  • The Member should try to resolve their complaint with the offending party directly in the first instance where appropriate. This can be informal and verbal.

    • Approach the person with whom you have a complaint and ask them to stop the behavior. Alternatively, ask another person to speak to them on your behalf.

    • If the complaint is resolved, the process ends.

    • If the complaint remains unresolved, consider the option of a formal process.

Formal process

  • If the complaint still can’t be resolved, refer the complaint to the MESS Directors by emailing admin@mess.foundation.

  • A complaint referred to MESS Directors must be in writing from the Member. You will need to describe the issue or action and discuss your complaint.

  • The MESS Directors will then investigate the complaint.

  • If the complaint is substantiated, the MESS Directors will determine an appropriate resolution, which may include disciplinary action or termination of Membership.

  • If, after investigation, the complaint is not substantiated, the reason for the decision will be explained to both parties.

Arbitration

If a dispute arises between the parties that cannot be resolved amicably or to the satisfaction of both parties then the following steps will be taken:

  • Any dispute or difference whatsoever arising out of or in connection with this Deed shall be submitted to mediation in accordance with, and subject to, The Institute of Arbitrators & Mediators Australia Mediation Rules;

  • The costs of the mediation are to be borne equally by the parties.

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Studio Bookings

When you make a booking at MESS we assume you will arrive on time for your booking!

With such limited capacity it’s important to us that you let us know if you’re running late or if your plans have changed. If we don’t hear from you and you don’t show up we will make your booking available to another Member in accordance with the following process:

  • Only MESS Members can book and use the Studio space.

  • The booking system is online and will be available from 1 April 2016.

  • Each session is fixed at 4 hours and is charged at a flat rate of *$44 dollars *(i.e. $10 per hour plus GST). See below for information on booking multiple sessions.

  • We allocate sessions 2 weeks in advance. If you need to lock in a session ahead of this window, please get in touch and we’ll do our best to help you out.

  • Generally you can’t make block or multiple bookings unless you have a compelling reason and have talked to us first about it. For example, some Members might live out of town and want to hit MESS for the day. No problem, just give us a heads up and we’ll assist you to make arrangements.

  • Members are able to select one machine from the drop-down menu when they book their session.

  • If you are more than 15 minutes late with no explanation and another Member is waiting, your booking will be cancelled and given to the waiting Member.

  • Failure to attend a booking without explanation will be noted on your Membership Record and may affect your future bookings.

  • Payment for your session is required on arrival.

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Studio Use

When you enter MESS you are accessing a unique resource full of electronic sound making machines from right across the history of electronic music technology.

Many of the machines are irreplaceable and have generously been loaned to MESS by musicians who are passionate about their instruments and wish to share them with Members and allow them to be played, enjoyed, and used for recordings.

The privilege of access to the MESS Studio and use of its equipment comes with a commensurate level of responsibility. The Studio Use Policy outlines your responsibilities for the use and care of the equipment.

Arriving at MESS and beginning your session.

  1. Sign in with the Studio Supervisor providing your MESS number and ID. If you have a guest they must also sign in separately.

  2. Confirm with the Supervisor the machine you reserved as part of your booking & sign for the machine with the Supervisor.

  3. Some machines will come with a kit of cables and accessories specific to that machine. The Supervisor will let you know what kit you need and where it is located.

  4. Wash your hands thoroughly & remove any rings, hand jewellery or same that may scratch or damage the surface and controls of a machine.

  5. Find a hot desk, space at the workbench or workstation side-car and set-up your recording gear.

  6. If you are using a machine, proceed to the instrument storage area and take the machine you will use from the shelf.

    1. Handle every machine you take off the shelf with extreme care. Be aware of things like loose *power cables running out of the back of the machine.*

    2. If for any reason you feel unsafe or afraid you may damage a machine, seek the assistance of the Studio Supervisor for moving equipment around the Studio.

    3. Only carry ONE machine at a time.

    4. Take the machine directly to your work area and set-it down.

  7. When plugging in power, ensure that the outlet is switched off first. Once you are firmly plugged in, switch the outlet on.

  8. Review the Condition Report. Visually inspect the machine and ensure that any defects have been recorded before you start your session. If your machine has an accessory kit attached, make sure all items listed in the kit are present and correct. If you find anything missing or not as listed in the condition report, speak to the Studio Supervisor and they will assist you to update the condition report.

  9. If at any stage you have any questions and/or require assistance, the Studio Supervisor is the person to speak to.

While Using the Machines.

  • If something goes wrong or you are not sure if something is working as it should, talk to the Studio Supervisor and they will help you out. Ensure to report any issues and damage as they occur. See Reporting below for more details.

  • The MESS subscriber studio is a shared space. Unless you are the only subscriber present then you will need to work in headphones. We encourage you to bring your own but we do have some to provide if you don’t have any with you.

  • You are welcome to record what you do. Again, we encourage you to bring your laptop with your preferred DAW and a small interface.

  • Use of recordings will be subject to the copyright disclaimer that forms part of the Membership agreement. In short, MESS is not responsible for any copyright infringement committed by its Members.

  • If you would like to change the machine you’re using or use additional machines, please speak to the Supervisor for assistance.

At the end of your session.

  1. Power down your machine using its power switch.

  2. Switch off the power at the outlet.

  3. Unplug the power and coil the cable.

  4. Unpack, unpatch and unplug any other relevant accessories and pack them away to their correct space/place. If packing up a kit, ensure that all the items are present and correct as per the inventory.

  5. When you have completed the above and are ready to return the machine to the shelf.

    1. Handle every machine you return to the shelf with extreme care. Be aware of things like loose power cables running out of the back of the machine.

    2. If for any reason you feel unsafe or afraid you may damage a machine, seek the assistance of the Studio Supervisor for moving equipment around the Studio.

    3. Only carry ONE machine at a time.

    4. Take the machine directly to it’s space on the shelves and set-it down.

  6. If you had an accessory kit, return it to the supervisor.

  7. Pack up your own equipment and tidy your work area.

  8. Sign out your machines and yourself with the Studio Supervisor.

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Reporting Faults and Problems

This is important.

We at MESS realise that the machines that we have on offer need to be maintained in good working order. Some of the electronics are 50+ years old and will encounter technical issues from time to time. It is vital that Members report any equipment faults identified while using the instrument. With this in mind please abide by the following guidelines:

  • If you detect a pre-existing fault in the functioning of a machine (eg: a key is stuck, the filter isn’t responding, there’s crackle on the outputs, the ring mod volume pot is noisy etc etc) report it straight away to the Studio Supervisor to be logged.

  • If the machine malfunctions while you are using it (an oscillator stops working, power just cuts out, a slider breaks off in your hand) report it and explain to the Studio Supervisor what you think may have caused the fault.

  • If you drop the synthesiser or cause cosmetic or functional damage as a result of your usage of the machine then report it to the Studio Supervisor.

  • We will be running CCTV recorders during sessions as a way to guard against theft. This footage may also be cross-checked in the event of damage in order to ascertain the cause of the damage.

  • You are responsible for the cost of repairs for damage caused by your negligent or careless use or treatment of the equipment.

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Code of Conduct

Summary: At MESS we aim to foster an open and inclusive space for all people interested in electronic sound to work, learn and create freely and safely. MESS has a zero tolerance policy regarding the following:

Drug and alcohol consumption: MESS is an alcohol and drug free organisation. Consumption of either on the premises will be considered a serious breach of this code of conduct and will result in immediate termination of Membership. This extends to inebriation. If the Studio Supervisor believes that a Member is drug or alcohol affected the Member will be required to leave the premises.

Sexual Harassment: MESS has a strict sexual harassment policy (see our Equal Opportunity Policy here mess.foundation/policies). Engaging in sexual harassment is a breach of the Membership Agreement that will result in immediate termination of Membership in addition to any external legal remedies the victim opts to pursue.

Vilification: MESS has a strict policy with regards to vilification and any other forms of discrimination on the basis of gender, race, age, sexual orientation, political or religious leanings. Engaging in vilification or discrimination is a breach of the Membership Agreement that will result in immediate termination of Membership and potentially external disciplinary action.

Bullying: Bullying is an act of aggression, causing embarrassment, pain or discomfort to someone. It can take a number of forms; physical, verbal, making gestures, extortion and exclusion. It is an abuse of power. It can be planned and organised, or it may unintentional. It may be perpetrated by individuals or by groups of people. MESS is completely opposed to bullying and will not tolerate it. It is entirely contrary to the values and principles we work and live by. All Members of the MESS community have a right to work in a secure and caring environment. They also have a responsibility to contribute, in whatever way they can, to the protection and maintenance of such an environment. Engaging in bullying is a breach of the Membership Agreement that will result in immediate termination of Membership and potentially external disciplinary action.

Respectful Conduct: MESS expects its Members to behave in a respectful manner toward staff, fellow Members and the equipment that makes up this incredible resource. Any behaviour that demonstrates a lack of such respect should be immediately reported to the Studio Supervisor.

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Privacy and Information

Statement of Commitment

MESS is committed to protecting your privacy and any personal information we collect. MESS complies with the Privacy Act 1988 (Cth). This policy explains how we may collect, use, disclose and otherwise handle personal and sensitive information. MESS is committed to safeguarding personal privacy. It recognises that individuals have a right to control how their personal information is collected and used. Unless given consent to do otherwise, MESS will only collect and use personal information as set out below.

For the purposes of this Privacy Policy personal information may mean some or all of the following:

  • a Member’s name

  • contact details

  • date of birth

  • emergency contact details

  • bank account and/or credit card details

  • student identification details

  • employment details, payment history and sensitive information

Collecting personal information

MESS will not collect or monitor any personal information about an individual without their consent. The only personal information collected is what is provided voluntarily by a Member or prospective Member during the process of obtaining Membership. MESS collects personal information primarily to enable it to provide Members with its services. MESS may also use the information for informing you of Member discounted events and offers or for any other purpose permitted under the Privacy Act 1988 (Cth). Personal information is collected directly from Members or future Members when they personally complete and submit the online form to become a Member to MESS. This can be done online via our website.

Use of tracking technologies

MESS may use tracking technologies such as cookies or web beacons to make use of the website and services as convenient as possible. Cookies are pieces of information that a website transfers to a computer’s hard disk for record keeping purposes. Web Beacon is a technical method that sends information related to the access to websites, when you browse websites, open or preview an HTML-formatted email. Most web browsers are set to accept tracking technologies such as cookies or web beacons. These tracking technologies do not themselves personally identify users, although they do identify a user’s browser. These tracking technologies allow MESS to monitor the MESS web site, and to record how many people are using the different parts of the studio. It is possible to set the browser to refuse tracking technologies such as cookies or web beacons, however, this may limit the services provided by the MESS web site.

Using and disclosing your personal information

Personal Information will be used for the following primary purposes:

  • To fulfil obligations under a Member’s Membership Agreement and/or any other contract between a Member and MESS that may arise during normal operations of the organisation.

  • To provide information about products, service and/or special offers to Members

  • To obtain opinions or comments about products and/or services from Members;

MESS may employ other companies or service providers from time to time to assist us in providing our services, including (but not limited to) marketing, market research, mail-house services, hosting and product development services, analysis of Member lists and/ or consulting services. These third parties may have access to personal information that is needed to perform their specific function. They cannot use that information for other purposes.

MESS recognise the trust with which individuals provide personal information, and such information will not be used or disclosed for any other purposes without consent, except in exceptional cases when disclosure may be required by law or is necessary to protect the rights or property of MESS, any MESS group company, or any Member of the public, or to lessen a serious threat to a person’s health or safety.

Contact by MESS

MESS does not send advertising information without obtaining prior consent. If an individual receives communications from MESS which they do not wish to receive, they may remove their name from the database by contacting MESS directly.

Member's Right of Access

Members have the right to review, amend or delete personal and/or sensitive Information that may be recorded on the MESS database. A request may be made to delete personal and/or sensitive information, and all reasonable steps to delete the information will be made, except where it is required for legal reasons. Deletion of information may result in MESS being unable to provide Member benefits listed in these terms and conditions.

Storage and security of personal and/or sensitive information.

Any personal information is stored on secure hard drives if in digital format, or in locked areas if in hardcopy format: MESS employees and any 3rd party data processors are obliged to respect the confidentiality of any personal and/or sensitive information held by MESS. MESS only permits authorised personnel to access your information and information will only be disclosed to third parties where they have the appropriate authority. We destroy or de- identify personal information we no longer need, wherever possible.

MESS and links to other web sites.

MESS provides links to web sites outside of the MESS site. These linked sites are not under the control of MESS, and MESS is not responsible for the conduct of companies linked to the MESS web site, nor for the performance or otherwise of any content and/or software contained in such external websites.

Problems, queries or complaints

For further information regarding this Privacy Policy or to make a complaint about the steps taken by MESS to protect your personal information or privacy, please contact MESS directly at admin@mess.foundation. We will investigate any complaints received in writing and do our best to resolve them as soon as possible.

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Internet and Social Media

Internet provided by MESS

This policy outlines the guidelines for acceptable use of MESS’s computers, email, internet and other communication devices provided by MESS.

The internet provided by MESS is for MESS related use. Limited private use is permitted if the private use does not interfere with another Member's work and that inappropriate sites are not accessed.

Prohibited websites are; sites of an obscene nature, gambling websites, any websites that engage in vilification or are offend any of the MESS Policies. Web usage is monitored and MESS staff may review private use from time to time to determine whether usage is excessive or inappropriate.

Other inappropriate uses of the internet by Members include:

  • Sending or posting discriminatory, harassing, or threatening messages or images on the Internet or via the MESS email service;

  • Using computers to perpetrate any form of fraud, and/or software, film or music piracy;

  • Stealing, using, or disclosing someone else's password without authorization;

  • Downloading, copying or pirating software and electronic files that are copyrighted or without authorization;

  • Sharing confidential material, trade secrets, or proprietary information outside of the organization;

  • Hacking into unauthorized websites;

  • Sending or posting information that is defamatory to the MESS, its products/services, colleagues and/or Members;

  • Introducing malicious software onto the company network and/or jeopardizing the security of the organization's electronic communications systems;

  • Sending or posting chain letters, solicitations, or advertisements;

  • Passing off personal views as representing those of MESS.

Failure to comply with these instructions is an offence and will be subject to appropriate investigation. In serious cases, the penalty for an offence, or repetition of an offence, may include Membership cancellation. Members need to be aware that some forms of internet conduct may lead to criminal prosecution.

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Social Media

Use of social media to share what you are up to at MESS is fine. Just be sensitive not to include people in posts without their permission. We want people to know about MESS so please use our handles whenever you feel it’s appropriate. What is not ok is to post in such a way as to represent the views of MESS as an organisation. Members must refrain from posting on social media ‘as’ MESS or speak in any way ‘for’ MESS in their social media around the organisation.

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Operational Health & Safety

General

MESS will, as far as practicable, provide a safe environment for the health, safety and welfare of our Members employees, contractors, visitors and Members of the public who may be affected by our work. To do this, MESS has:

  • developed and maintains safe systems of work, and a safe working environment

  • consulted with Members, employees and health and safety reps on safety

  • provided information and training for employees

  • assessed all risks before work starts on new areas of operation, for example, buying new equipment and setting up new work methods, and regularly review these risks

  • removed unacceptable risks to safety

  • provided Members, employees and contractors with adequate facilities (such as clean toilets and work environments)

Ultimately, everyone at MESS is responsible for ensuring health and safety in the Member studio so please, if you identify a risk, report it immediately. MESS demands a positive, proactive attitude and performance with respect to protecting health, safety and the environment from all Members and employees.

Test and Tag

Given the nature of MESS and the activities undertaken there, all equipment used in the studio must have a current and compliant electrical safety tag. This includes all equipment brought into the studio by Members for use in sessions (lap-top power packs, synth power cables, power transformers). MESS will have a certain store of tested cables (IAC, power boards, extension cables) but not everything will be covered. It is the responsibility of the Member to ensure that their equipment is tested and tagged. MESS reserves the right to refuse the use of any cable or piece of equipment that doesn’t meet this standard.

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Intellectual Property

All original content offered as part of mess Membership including but not limited to the MESS website, course materials, sound materials, database assets (excluding Member database) and other original content, features, and functionality are owned by MESS and are protected by international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

Members are not allowed to pass MESS materials off as their own work and any work in any form released by Members to the general public is done so at the Member's own risk. MESS will not be held liable for any breach of copyright committed by Members.

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