Summary
- Memberships are paid on the day activated. Regular monthly dues apply thereafter with payments made according to the monthly cycle relative to the activation date. For example, members who join on the 5th day of January will pay membership fees on the 5th day of subsequent months.
- Membership dues are paid by monthly automatic electronic payment (credit card, debit card, or automatic checking account draft), cash, or check. Memberships 30 days past due are automatically cancelled. You may cancel your membership at any time. There are no prorated refunds for cancellations.
- Prices and bundles are subject to change.
1. Agreement. This Agreement is between Orbital Music Park LLC, a Virginia limited liability company (“OMP”), and applicant (“Member”).
2. Membership Fee Payments.
- Memberships are paid in advance on the day activated. Regular monthly dues apply thereafter with payments made according to the original activation date.
- Membership dues are paid by monthly automatic electronic payment (credit card, debit card, or automatic checking account draft), cash, or check. Memberships 30 days past due are automatically cancelled. You may cancel your membership at any time. There are no prorated refunds for mid-month cancellations.
- Prices and bundles are subject to change.
3. Availability of OMP Facility.
- Limited Access to Facility. Members may use the OMP Facility only during regularly scheduled operating hours as posted on our website at www.orbitalmusicpark.com. OMP reserves the right to change operating hours at its sole discretion.
- Limited Availability. From time to time, OMP may close its Facility for special events, private functions, maintenance, selected holidays and other hours in its sole discretion. OMP may delete, change, discontinue, repair, or replace any part or all of the Facility without any effect on this Agreement. If the Facility becomes unavailable for more than fifteen consecutive days (not including Sundays or holidays) for any reason including acts of nature, then you may elect to cancel this membership effective the first day of the following month.
- Unreserved Venus Memberships. The monthly fee for the Venus membership level is $10 per month and includes one hour of free pod time per month. Additional room hours cost $20 per hour. Guest passes cost $5 per person. Room times are offered on a first come, first served basis. OMP cannot guarantee room availability will match members’ preferences. Reservations are available on a case-by-case basis, as determined by OMP. Unused hours expire after each billing cycle and do not rollover or accrue. Members can book additional time and purchase additional guest passes.
- Unreserved Mars Memberships. The monthly fee for the Mars membership level is $20 per month and includes two hours of free pod time per month. Additional room hours cost $10 per hour. Guest passes cost $5 per person. Room times are offered on a first come, first served basis. OMP cannot guarantee room availability will match members’ preferences. Reservations are available on a case-by-case basis, as determined by OMP. Unused hours expire after each billing cycle and do not rollover or accrue. Members can book additional time and purchase additional guest passes.
- Reserved Saturn Memberships. The monthly fee for the Saturn membership level is $250 per month and includes 2 hours of pod time per week. Additional room hours cost $10 per hour, and offered on a first come, first served basis. OMP cannot guarantee room availability will match members’ preferences. Guest passes cost $5 per person. Additional band members must register as OMP Pluto members to share access. Room times are pre-scheduled and prepaid and cannot be rescheduled without the approval of OMP. Unused hours may be released for use by other members. Unused hours expire after each billing cycle and do not rollover or accrue. Members can book additional time and purchase additional guest passes. OMP will notify members 7 days in advance of events or closures that affect reservations, and will offer prorated refunds for reservations that must be changed or cancelled by OMP.
- Reserved Jupiter Memberships. The monthly fee for the Jupiter membership level is $300 per month and includes three hours of pod time per week. Additional room hours cost $10 per hour, and offered on a first come, first served basis. OMP cannot guarantee room availability will match members’ preferences. Guest passes cost $5 per person. Additional band members must register as OMP Pluto members to share access. Room times are pre-scheduled and prepaid and cannot be rescheduled without the approval of OMP. Unused hours may be released for use by other members. Unused hours expire after each billing cycle and do not rollover or accrue. Members can book additional time and purchase additional guest passes. OMP will notify members 7 days in advance of events or closures that affect reservations, and will offer prorated refunds for reservations that must be changed or cancelled by OMP.
- Reserved Neptune Memberships. Neptune memberships are intended for music teachers who will use OMP facilities for music lessons. The monthly fee for the Neptune membership level is $30 per month and includes two hours of pod time per week. Additional room hours cost $10 per hour, and offered on a first come, first served basis. OMP cannot guarantee room availability will match members’ preferences. Guest passes are free for students and caregivers. Room times are pre-scheduled and prepaid and cannot be rescheduled without the approval of OMP. Unused hours may be released for use by other members. Unused hours expire after each billing cycle and do not rollover or accrue. Members can book additional time and purchase additional guest passes. OMP will notify members 7 days in advance of events or closures that affect reservations, and will offer prorated refunds for reservations that must be changed or cancelled by OMP.
- Pluto Memberships. These memberships are intended for band members in groups with at least one Saturn or Jupiter member. Pluto membership is free, and functions like a guest pass in terms of OMP facility access.
- Mercury Memberships. These memberships are intended for corporations, non-profits, and other organizations. Membership fees, included amenities, and add-on services are defined on a case-by-case basis.
4. Late Payment / Declined Credit Card Fees. Membership fees must be paid on or before the due date. OMP does not charge late fees, nor do we charge penalties for declined credit cards and debit cards. Memberships more than 30 days past due will automatically be cancelled.
5. Cancellation of Membership by Member. A member may cancel membership at any time. Billing will be paused at the end of the current billing cycle.
6. Intellectual Property. Members retain all legal right, title, and ownership to any original work they create and/or record at the OMP Facility. OMP disclaims any and all legal or ownership right, title, or interest in any intellectual property of its Members. Acknowledgments to OMP are certainly welcomed and appreciated, but never required.
7. Permission to Record and Use Likeness. The undersigned Member understands and agrees that any and all photos, motion pictures, recordings and/or likeness of him or her captured by OMP while utilizing the OMP Facility become the sole property of OMP. The undersigned Member grants the right, permission and authority to OMP and its designees to use any such photographs, motion pictures, recordings, and or/likeness for promotional, advertising, and marketing activities. Members can opt-out at any time by sending an email to any OMP staff member.
8. Lost Articles. OMP assumes no responsibility for lost or stolen articles. Lost and found articles not claimed after 30 days will be donated to charity or thrown away.
9. Restricted and Prohibited Substances. Food or drink may be taken into the OMP Facility only if it is in a non-breakable, enclosed container. No drugs, alcohol (unless approved by OMP), or smoking (including e-cigarettes/vaping) are permitted anywhere within the OMP Facility.
10. Supervision of Children. All Members and guests/visitors under the age of 13 must be supervised by a parent or legal guardian at all times.
11. Conduct. OMP is committed to the health, safety, welfare of each of its members and staff and will not tolerate unreasonable, threatening, obscene, harassing, indecent, or illegal behavior. OMP has the right to judge behavior and respond accordingly. This right includes, but is not limited to, termination of membership without refund of any member engaging in unacceptable behavior. All Members must strictly adhere to the OMP Code of Conduct, a copy of which is attached hereto and incorporated herein by this reference. Violations of the Code of Conduct may result in suspension or cancellation of membership.
12. Health and Safety: COVID-19. OMP requires all members and staff using the space to wear face coverings at all times (wind instruments are only permitted in the lounge area), and to play at least six feet apart. Members and staff who have been diagnosed with COVID-19 must not enter the OMP facility until they test negative. Members and staff with any COVID-19 symptoms (as described by the CDC and Virginia Department of Health) may not enter the OMP facility. While OMP follows CDC and Virginia Department of Health guidelines for cleaning and disinfection, OMP cannot guarantee the facility, gear, and amenities are free of COVID-19 and any other pathogens. OMP members and staff agree to use the facility as-is and accept the risks.
13. Damages. Members shall pay for any damages to OMP property which results from the willful or negligent conduct of member, member’s guest or dependent children.
14. Rules and/or Regulations. Members who do not observe OMP rules, regulations, and policies or who abuse equipment in any fashion will be asked to leave. OMP management and staff reserve the right to terminate membership of anyone who refuses to observe any of OMP’s rules, regulations, or policies. Not all rules, regulations, or policies are listed in this Agreement. OMP reserves the right to add, change or remove rules, conditions of membership, operating hours, and all services and facilities offered by OMP.
15. Release and Limitation of Damages. THE UNDERSIGNED MEMBER, INDIVIDUALLY AND ON BEHALF OF HIS OR HER HEIRS AND REPRESENTATIVES, HEREBY FOREVER AND UNCONDITIONALLY RELEASES OMP AND ITS AFFILIATED ENTITIES, SUBSIDIARIES, PRESENT AND FORMER EMPLOYEES, DIRECTORS, OFFICERS, MEMBERS, MANAGERS, PARTNERS, CONTRACTORS, VOLUNTEERS, AGENTS, AND REPRESENTATIVES (COLLECTIVELY “RELEASED ENTITIES”), FROM ANY AND ALL CLAIMS, ACTIONS, DAMAGES, LIABILITIES, LOSSES, COSTS, AND EXPENSES (INCLUDING, WITHOUT LIMITATION, LEGAL FEES) FOR PERSONAL INJURY OR DEATH, LOSS OR DAMAGE OF PROPERTY, (COLLECTIVELY “CLAIMS”) IN ANY WAY ARISING OUT OF MY USE OF THE OMP FACILITY, INCLUDING, WITHOUT LIMITATION, ANY AND ALL CLAIMS RESULTING FROM THE NEGLIGENCE OF THE RELEASED ENTITIES. THE RELEASED ENTITIES’ LIABILITY TO ME WILL BE LIMITED TO ACTUAL DAMAGES ARISING FROM RELEASED ENTITIES’ GROSS NEGLIGENCE OR WILLFUL MISCONDUCT IN THE PERFORMANCE OF THEIR DUTIES AND RESPONSIBILITIES HEREUNDER; PROVIDED, HOWEVER, UNDER NO CIRCUMSTANCE SHALL MY DAMAGES IN CONNECTION WITH MY USE OF THE OMP FACILITY BE GREATER THAN $500. RECOVERY OF SUCH AMOUNT SHALL BE MY SOLE AND EXCLUSIVE REMEDY. ALL LIABILITY ARISING OUT OF MY PARTICIPATION IN OMP PROGRAMS AND EVENTS OR USE OF OMP’S FACILITY IS CUMULATIVE AND NOT PER INCIDENT. IN NO EVENT SHALL OMP BE LIABLE FOR ANY SPECIAL, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OR OTHER INDIRECT DAMAGES, EVEN IF OMP HAS BEEN INFORMED OF THE POSSIBILITY THEREOF.
16. Miscellaneous.
- This Agreement contains the entire agreement between the parties and supersedes any prior written or oral agreements between them concerning the subject matter of this Agreement. Except as expressly provided otherwise in this Agreement, the provisions of this Agreement may be waived, altered, amended or repealed, in whole or in part, only upon prior written consent of all parties.
- Member has read, and fully agrees to the term of this Agreement and understands and agrees that by signing this Agreement (which contains a release and limitation of damages), Member has given up considerable future legal rights. Member has signed this Agreement freely, voluntarily, under no duress or threat of duress, without inducement, promise or guarantee being communicated to him/her. Member certifies and warrants that they are 18 years of age or older and mentally competent to enter into this Agreement.
- Member agrees to notify OMP of any compliant, concern, or suspected breach of this Agreement within sixty (60) days of the occurrence of such event so that OMP may have an opportunity to respond in an efficient manner. Failure by Member to so notify OMP will be deemed a waiver of such breach or any claim arising from such occurrence.
- If any portion of this Agreement is deemed illegal, void or unenforceable, then the remaining provisions of this Agreement shall remain in effect.
- The undersigned parties acknowledge and agree that the exclusive venue and jurisdiction for any dispute arising from or relating to this Agreement shall be the state and federal courts serving the City of Richmond, Virginia.
- This Agreement shall be governed by and interpreted in accordance with the laws of the Commonwealth of Virginia without regards to conflicts of law principles to the contrary. THE PARTIES, INTENDING TO BE LEGALLY BOUND, have executed this Agreement as of the date first stated above.
