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Membership Agreement

SUGARKUBE MEMBERSHIP AGREEMENT

Headroom is a dba of Awaken The Night, LLC.

Sugarkube is owned and trademarked under Awaken The Night, LLC, 2020, 2021, 2022

Congratulations! You have been invited to become a member of the Private Membership Artistry Collective at "Headroom" Studios aka "Sugarkube". This Membership Agreement (the “Agreement”) details your obligations regarding dues and the code of conduct to be followed by all members.

Headroom membership dues are per month. Dues must be paid upon submission of this Agreement. Dues will not be refunded if your membership is terminated as a result of breach of the membership code of conduct herein. Dues must be paid monthly via check or credit card. Information provided will be used to verify identity and age of applicant.

The Membership Plan offers the member access to Headroom’s event calendar, one main pop-up event per month, exclusive merchandise drops, and ticket giveaways to additional events. Tickets to pop-up events will be based off artist. Members are guaranteed one event but may apply for up to four per month (or more, calendar and availability permitting).

Members will not be granted same-day access to events. Headroom only accepts credit card or check. All membership plans renew on a monthly basis and may be canceled at any time by requesting cancelation in writing by email.

New membership is referral based after the initial membership offering. Members may refer a new member to Headroom, vouching for the new member’s character. In the event the new member is accepted, both members are liable for the other’s actions. If either member breaks any of the terms and conditions both memberships may be immediately canceled, and a lifetime ban imposed. Successful referrals that are maintained in good standing may be awarded special merchandise at Headroom staff’s discretion, signifying their respected status in the club.

When you become a member with Awaken the Night, LLC (dba “Headroom”) Experience Sugarkube you are agreeing to the following code of conduct, which shall be in effect for the entire period of the membership:

I agree to provide my name, age, email, and phone number to Headroom for purposes of maintaining its membership list. Members must be 21+ up, no exceptions.
I agree to provide my social media links to allow Headroom to consider me as a potential member.
I agree to request access to the private Facebook group "Headroom Squad." Headroom Squad is where members may participate in surveys and polls for themes, lineups, and future special events.
I agree that all Headroom members are welcome to request VIP (special event/birthday) access when available in the calendar. This gives the member and up to 10 friends (who must also be members) access to the mezzanine for the given event at a discounted event ticket rate. Requests will be honored on a first come, first served basis based on email sent to headroom@awakenthenight.com, but are not guaranteed.
I agree not to use illegal drugs or conduct illegal activity at any event managed by Headroom and understand that Headroom staff will report any such behavior to law enforcement as needed.
I promise not to bring any weapons or fireworks to the club or be in possession of any weapons or fireworks in the venue. Weapons include but are not limited to edged weapons, firearms, and blunt instruments. I understand that I may be searched prior to entry to Headroom events and may be turned away if I am found to have weapons.
I promise not to engage in any fighting at the venue, including shoving or hitting as part of a “mosh pit.”
I promise not to sexually harass any member, visitor, or employee of Headroom. I understand that Headroom takes sexual harassment seriously and that I will be banned from future events if Headroom staff learns of sexual harassment conducted at a Headroom event. I also promise to respect other members’ physical boundaries as dictated by their consent bracelet colors when applicable (red, yellow or green). After one warning, any member who does not respect other members will be removed from the space.
I promise not to smoke tobacco or marijuana indoors at the venue for Headroom events and I understand that I must smoke tobacco outside of events in compliance with Colorado law.
I agree that there may be no parking allowed at the space. I agree to meet at the location designated for each event for parking – and either join the Headroom party bus for transport to venue, or walk to the entrance (depending upon available parking locations)
Once at the venue, a representative will scan my membership QR code to determine if I am on the accepted list for the event. I understand that failure to present my QR code will result in being denied access to the event.
I agree not to disparage Headroom or its members either verbally or in writing, including using social media. I understand that I will be banned from future membership for such disparagement even if it does not occur at a Headroom event.
I agree that by entering a Headroom event, I assign permission to license all images and recordings of me obtained by Headroom and agree to the use of these images and recordings in any media for any purpose which may include, among others, advertising, promotion, and marketing for any product or service.
General Terms:
i. Entire agreement. This Agreement represents the complete and exclusive statement of the agreement between Headroom and Member. No other agreements, covenants, representations or warranties, express or implied, oral or written, have been made by the parties concerning their agreement.
ii. Venue and Attorney’s Fees. Any litigation or disputes arising from this Agreement shall take place in Boulder District Court in Boulder, Colorado. The prevailing party in any dispute arising out of this Agreement shall be entitled to reasonable attorney fees as determined by the court. The prevailing party shall be determined based upon an assessment of which party’s arguments or positions could fairly be said to have prevailed over the other party’s arguments or positions on major disputed issues at trial. Such assessment should include evaluation of the following: the amount of the net recovery; the primary issues disputed by the parties; whether the amount of the award comprises a significant percentage of the amount sought by the claimant; and the most recent settlement positions of the parties.

iii. Severability of agreement. To the extent that any provision hereof is deemed unenforceable, all remaining provisions of this Agreement shall not be affected thereby and shall remain in full force and effect.

Iv. Indemnification. Member agrees to indemnify, defend (with counsel reasonably selected by Headroom), and hold harmless Headroom, and all of its affiliated organizations and companies, successors and assigns, each of their respective insurance carriers, agents, employees, volunteers, representatives, assignees, members, managers, officers, directors, and shareholders (collectively referred to as “indemnities”) from all injuries, losses, liability, claims, demands, damages, and causes of actions of every kind and character, regardless of fault, to any person or property while at Headroom events, or arising in any way out of activities at or related to Headroom events, to the fullest extent permitted by law, including but not limited to any attorneys’ fees and court costs, incurred by, or claims made against indemnities.

v. Nondicslosure of Events. Member may not disclose the location of events to any individual except other members or Headroom staff. Member may not disclose any details of the future Headroom event calendar, but may discuss the content and quality of past events (excluding the location) with prospective members. Such nondisclosure includes “checking in” to the location via social media or sharing information via social media, email, screenshots or word-of-mouth before an event happens. Violation of this provision will result in immediate revocation of membership. Posting on social media during and after events, so long as a geo-tagging is turned off, is permitted.

Vi. Attorney review. Member warrants and represents that Member, in executing this Agreement, has had the opportunity to rely on legal advice from an attorney of Member’s choice, so that the terms of this Agreement and their consequences could have been fully read and explained to Member by an attorney and that Member fully understands the terms of this Agreement. Member may waive this right at Member’s sole discretion.

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Signed by Jim Lee
Signed On: May 23, 2022

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May 23, 2022 4:10 pm MST

Membership Agreement Uploaded by Jim Lee - jimi@awakenthenight.com IP 71.211.156.200