TERMS OF USE & SERVICE

TalkBack Studios Inc. (TBS) agrees to provide you the Services (defined below) subject to the terms of this Agreement. TalkBack Studios reserves the right to modify and/or update the TOU, Community and Facility Rules and the Internet Policy from time to time without notice.

TBS may provide to you, at 1179 King Street West Unit 316, Toronto ON M6K 3C5, hereafter known as the "Premises", with exclusive access to office space, non-exclusive access to office space, work stations, internet service (wired and/or wireless), audio and video recording equipment, knowledge resources, and other services as TBS may offer from time to time (collectively, "Services"). The Services and the Agreement are personal to you and may not be assigned to, transferred to or shared with any other party. In no way does the term "co-working" or any other term in this Agreement suggest that the rights of any user is equal to another.

No individual or business may conduct any activity within the Premises that, in the sole judgment of the Owner, create excessive traffic or be inappropriate to the other users' experience;  It is required that conversations in any common areas lasting for more than thirty (30) seconds to be handled away from other patrons and kept at such a volume that they do not disrupt other recording sessions. Failure to maintain quiet can result in removal from the premises with no refund for unused session time.

The user shall be charged the pre-selected hourly rate based on room selected and any additional upgrade services if selected for the use of the Premises for the duration of time chosen. Any un-completed hour shall not be pro-rated or transferred to another session. 

Pets are not allowed on the Premises at any time, except for those legally allowed under Provincial law for individuals with disabilities. 

All patrons of the Premises shall keep clean any areas after use. This includes, but is not limited to, recording rooms, co-working desks, coffee and snack areas, audio/ visual equipment, and any other space that may be used by another patron. Failure to do so will result in a $50.00 CAD cleaning fee;

You may not substantially rearrange the space by changing the position of desks, microphones, chairs or other design elements. Doing so without express permission will result in being asked to leave, and if necessary being charged a fee for any damage or loss of use of the space to be determined by TalkBack Studios Inc. at the time of incident;

All patrons are to operate in a way that is courteous with all other individuals.

The Owner reserves the right to make other reasonable rules and regulations from time to time in order to promote a good co-working environment amongst the patrons. In the unlikely event that TalkBack Studios waives any Rule as to you or any other member, such waiver shall not constitute a waiver of any other rule or regulation or any subsequent application thereof to you or any other member.

The Owner shall not be liable for any interruption or error in the performance of the services offered under this Agreement. The Patron waives all liability against the Owner for any claims arising from such disruption of services, specifically, any telecommunication utilities on the Premises or noise bleed-through heard on recordings. Furthermore, any loss, damage, expense, or injuries to persons or the Patron's property arising out of mistakes, omissions, interruptions, delays, errors, or defects in any transmission occurring in the course of furnishing telecommunications services provided are not caused by the willful acts of the Owner, as well as any claim for business interruption and for consequential damage.

TalkBack Studios Inc. is not responsible for the User Content that is created, produced or distributed on the premises. For the avoidance of doubt, "User Content" includes all information, materials and other content that is added, created, uploaded, submitted, distributed, or posted by users.

You promise that, with respect to any User Content you produce at TalkBack Studios Inc, (1) you own or have the right to post such User Content; and (2) such User Content does not imply any affiliation with or endorsement of you or your User Content by TalkBack Studios Inc. without the prior express written consent 

TalkBack Studios may, but has no obligation to, monitor or review User Content known to be produced on site. TalkBack Studios reserves the right to disable access to the Premises to any User for any or no reason. TalkBack Studios may take these actions without prior notification to you.

Both Parties hereby agree to defend, indemnify and hold harmless from and against any and all claims, damages, injury, loss and expenses to or of any portion or property resulting from the acts or negligence of their  agents, employees, invitees, and/or licensees while on the Premises.

The Owner shall not be liable for any damage or injury to the Patron, or any other person, or to any property, occurring on the Premises, or any part thereof, or in common areas thereof, and the Patron agrees to hold the Owner harmless from any claims or damages unless caused solely by the Owner's negligence.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, TBS PROVIDES THE SERVICES "AS IS" AND WITH ALL FAULTS, AND HEREBY DISCLAIMS WITH RESPECT TO THE SERVICES ALL WARRANTIES AND CONDITIONS, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND/OR LACK OF NEGLIGENCE. THE ENTIRE RISK AS TO THE QUALITY, OR ARISING OUT OF PARTICIPATION IN OR THE USE OF, THE SERVICES AND THE PREMISES, REMAINS WITH YOU AND YOU HEREBY WAIVE ALL RIGHTS OF RECOVERY FOR ANY LOSS RELATED TO YOUR ACCESS TO, PARTICIPATION IN OR USE OF THE SERVICES, INCLUDING IN THE CASE SUCH LOSSES ARE THE RESULT OF TBS'S NEGLIGENCE.

In connection with the Services, TalkBack Studios may provide you access to filming equipment, including, but not limited to cameras, camera mounts, lighting equipment, and backdrops. You agree that you will (and will cause your Authorized Users to) use and operate the equipment in a careful and proper manner, within the allotted spaces in the Premises, in compliance with all laws, ordinances, and regulations relating to the possession, use, or maintenance of the equipment, including registration and/or licensing requirements, if any. Any use of such equipment must be scheduled in advance with TalkBack Studios. You represent and warrant that you will have obtained all rights, permission and licenses necessary for the production of any content using the equipment. You assume all risks of loss or damage to the equipment during your use of such equipment from any cause, and agree to return it to TalkBack Studios in the condition received. All damage to the equipment must be paid for within 5 days of notice from TalkBack Studios. TalkBack Studios may automatically charge the costs of any damage to the user's card on file. TalkBack Studios shall have the option of requiring you to repair the equipment to a state of good working order, or replace the equipment with like equipment in good repair, which equipment shall become the property of TalkBack Studios.

TalkBack Studios makes no representations whatsoever as to the security of the internet, wired or wireless telecommunications systems, or hosting services provided as part of the Services, or of any data or communications system or any information that you send through or place on it, and you have no expectation of privacy with respect to such systems. TalkBack Studios is not responsible for any loss of data, information, business, goodwill or otherwise as a result of such interruptions. You are responsible to protect your own computers, devices and data, information, business and goodwill from damage or interference, including but not limited to viruses or malware. You agree to abide by the terms of TalkBack Studios's Internet and Privacy Policy (the "Internet Policy"), available at www.talkbackstudios.ca or upon request. TalkBack Studios may amend or change the terms of the Internet Policy at any time. You agree to indemnify TalkBack Studios for any damages to the TalkBack Studios infrastructure or business caused by your violation of the Internet Policy.

We encourage TalkBack Studios users to make connections, collaborate on projects, share ideas, provide advice, and generally make great stuff happen. However, users may NOT spend a large part of their time at the Premises directly soliciting others and this could result removal from the premises or prevent future use of the space were it to continue after you were cautioned.

Every person using TalkBack Studios Services must be a paid customer. Exceptions are limited to: (a) Guest Pass holders; (b) non-members who may use TalkBack Studios Services when they are meeting TalkBack Studios members at the Premises for business-related meetings; and (c) non-member attendees of special events in the Premises. Users are accountable for the conduct of their guests. You may not re-sell or donate your rental slot to anyone. While guests are allowed, the booking host must be in attendance for the duration of the session.

TalkBack Studios reserves the right to refuse access to any persons, including those with booked appointments, that TalkBack Studios in good faith judges to be a threat to the safety, reputation, or property of the Premises and its occupants. 

Discrimination toward and harassment of others are prohibited in the Premises. TalkBack Studios has a zero-tolerance policy for any remarks or behaviour that fails to respect the dignity and feelings of any individual in or from the Premises. Violators will be asked to leave with no refund of any fees paid.