TERMS AND CONDITIONS

1. Description of service and acceptance of terms of use

Capitol Percussion + Backline, LLC ("The Shed DMV" or “The Shed” or "we" or "us") provides an online subscription service that offers bookings for rehearsals and meetings (the “Calendar”) and other content (collectively, the "Content"). The Calendar, the Content, and other features, tools, applications, materials, or services that may be offered from time to time by The Shed DMV in connection with its business are collectively referred to herein as the "The Shed DMV Services." In addition to The Shed DMV Services, there are additional services available to you that, in the event you engage such services, will require payment as set forth herein (“Premium Shed DMV Services”).

The Content is available for viewing through the following properties (collectively, the "Properties"):

a. The www.thesheddmv.com website (the "The Shed’s Website");

b. The Shed DMV's affiliate and distributor websites;

c. Other websites where users or website operators are permitted to embed the Calendar; and

d. The Shed DMV authorized applications, features, or devices.

In order to access The Shed DMV Services, you must agree to and abide by the terms and conditions set forth herein ("Terms of Use" or "Terms"). By visiting, browsing, or otherwise accessing or utilizing in any manner The Shed DMV Website or by accessing or utilizing in any manner any of The Shed DMV Services (including accessing any Content) you are agreeing to these Terms, which form a binding agreement between you, on the one hand, and the Shed DMV, on the other hand. If you do NOT agree to these Terms of Use, then do NOT use The Shed DMV Services, including our Website and user interfaces. Please read the Terms carefully. By accessing or using in any manner any of The Shed DMV Services, you are representing that you have read the Terms in full; that you understand the Terms; and that you agree to be bound by the Terms.

If you have any questions or comments about these Terms, please contact us at: info@thesheddmv.com. 

2. Changes to the terms of use by The Shed DMV

The Shed DMV reserves the right, from time to time, with or without notice to you, to change these Terms of Use in our sole and absolute discretion on The Shed’s Website at http://www.thesheddmv.com/terms. By utilizing any of The Shed DMV Services, you represent that you have read the most recent Terms in full; that you understand the Terms; and that you agree to be bound by the Terms. The most current version of the Terms of Use will supersede all previous versions.

3. The Shed DMV Rules

When using any studios, communal spaces, equipment therein, or any of The Shed DMV Services, you hereby accept and affirm that you will abide by The Shed DMV Rules set forth below, as well as all other Terms of Use set forth herein.

a. You take full responsibility and agree to assume liability for any damage caused to the room, any of its contents, and further agree to assume liability for any damage caused to the room or any of its contents by any persons you allow in during your booking period; 

b. No smoking or vaping of any substance whatsoever is permitted anywhere on the premises. Any violation(s) of this rule shall cause you to incur additional fees as outlined in section 12 below;

c. No drugs or alcohol is permitted to be consumed on the premises or in the parking lot; please be aware that our team monitors our CCTV;

d. Keep the doors to your room closed and respect all others in The Shed DMV;

e. Do not share your PIN with anyone;

f. No food or drink is allowed in the studios except water that is contained within a bottle or other container that can be securely closed, unless expressly approved, in advance and in writing, by The Shed DMV management. Please keep all liquids away from equipment to prevent spills or damage;

g. You are required to clean up the room, including, but not limited to, the disposal of any trash, at the end of your session;

h. You are required to keep your volume to a reasonable level when you leave the studio so as to not disturb others; and

i. You are required to immediately notify a team member in the event that you cause any damage to the studio, any equipment, or any property during your booking.

4. Access and use of The Shed DMV Services

 4.1 Age Limitations

If you are under the age of 18 (a minor) you are not permitted to register for any services, enter any contests, post materials on any forums, or make any purchases on any The Shed DMV Website without first obtaining specific parental permission. All minors must be accompanied by someone 18 years or older when on the premises. 

If a member plans on teaching minors, you hereby accept and affirm that:

a. You are 18 years old or older;

b. You will uphold the safety and security of the minor as your top priority;

c. Any assistants working with you are 18 years old or older;

d. You will ensure that all minors are being supervised at all times;

e. You will ensure that minors are not permitted to visit any part of the building, premises, or parking lot unless accompanied by you or another adult;

f. You will not produce or shoot any media such as videos or photographs of any minors;

g. You have an emergency contact for each minor; and

h. You accept that failure to produce proof of the above on demand may result in your account being suspended.

4.2 Personal License

The Shed DMV is pleased to grant you a non-exclusive limited license to use The Shed DMV Services, including accessing the Calendar, for personal purposes as set forth in these Terms.

 4.3 Live Streaming and Recording

The Shed DMV allows live streaming and recording on premises as long as the following terms are accepted and adhered to:

a. All content shall be original to you, or you shall have the approval/authorization to share it;

b. You shall not reveal any personal identifying information about individuals, without the express permission from the individual whose information is being revealed;

c. Hateful, abusive, threatening, or obscene conduct of any kind, in the sole and absolute discretion of The Shed DMV, will result in your account being terminated;

d. Content including or depicting threats of suicide or other bodily harm, verbal or physical abuse, or any use of drugs or alcohol are prohibited;

e. You are welcome to bring in your own audio/video equipment and engineers to run your session, or we can give you technician recommendations. However, in the event that any audio/video equipment causes any damage to the building or premises, you are liable for all such damages;

f. We do not maintain or keep records of live streams or recordings done at The Shed DMV; and

g. No footage of any minors shall be live streamed or recorded on premises.

 4.4 Commercial Use

The Shed DMV allows its Members to use the studios for a commercial use, such as by teaching lessons or hosting ticketed events. In the event that you elect to use The Shed DMV for any commercial use or purpose, you agree to abide by the following terms:

a. You must notify us in advance if you plan to have more than 15 people in any room at one time. For security and safety reasons, staff is required for larger groups, and you may be required to pay for additional staff, depending on the project. Failure to notify us may result in membership termination and/or a fine of up to $200;

b. You have comprehensive general liability insurance in a commercially reasonable amount for the particular commercial use;

c. You are over 18 years of age, and any assistants are also over 18 years of age;

d. You have policies in place to protect the health and safety of your customers or guests;

e. You are trained in basic first aid;

f. Any equipment you bring is safe and poses no danger to you, participants, or guests in any way;

g. You explain to your guests and participants the emergency evacuation procedures regardless of the frequency of their visits;

h. You shall report any damage, security incident, or any other concerning event of any kind to immediately to The Shed DMV team by emailing info@thesheddmv.com, calling (202) 643-3865, or notifying a team member;

i. You agree to provide substantiation of your compliance with the above rules upon request; and

j. You hereby accept that failure to produce these documents on demand may result in your account being suspended.

 4.5 Intellectual Property, Copyright

You agree that The Shed DMV owns and retains all rights to The Shed DMV Services. You further agree that the Content you access as part of The Shed DMV Services is owned or controlled by The Shed DMV and/or The Shed DMV’s licensors, and is proprietary and confidential to The Shed DMV and/or The Shed DMV’s licensors. Any unauthorized use of The Shed DMV Services and the Content is expressly prohibited.

The Shed DMV Services, including all content included on The Shed DMV Website as part of the service are the property of The Shed DMV or its suppliers and are subject to protections under U.S. law, including applicable intellectual property and copyright laws.

The Content shall not be reproduced or used without express written permission from The Shed DMV or its suppliers. The Shed DMV reserves the right to terminate your account hereunder if The Shed DMV, in its sole and absolute discretion, believes that you are in violation of this paragraph.

The use of The Shed DMV Services, including the Calendar, is solely for your personal use. Account details such as username, password, digital key, and pin are strictly personal and shall not be shared with anyone.

If The Shed DMV determines in its sole discretion that you are violating any of these Terms, we may, in our sole and absolute discretion, elect to (i) provide notice to you of your violation and demand that you cease and desist any violation of these Terms, and/or (ii) use technical measures to block or restrict your access or use of The Shed DMV Services. In either case, you agree to immediately stop accessing or using in any way (or attempting to access or use) The Shed DMV Services, and you agree not to circumvent, avoid, or bypass such restrictions, or otherwise restore or attempt to restore such access or use.

 4.6 Privacy and Communications Preferences

Any information submitted through The Shed DMV Website is subject to our Privacy Policy, the terms of which are incorporated herein. Please review our Privacy Policy to understand our practices. By agreeing to these Terms of Use, you are consenting to our Privacy Policy and agreeing to receive certain communications from us. For example, The Shed DMV may send you newsletters about new The Shed DMV features, special offers, promotional announcements, and customer surveys via email or other methods. If you no longer want to receive the newsletters, other promotional announcements, or non-transactional communications, simply unsubscribe from the newsletter. By using the space, you are agreeing to being recorded by our security cameras.

 4.7 How Our Service(s) Works

The Shed DMV provides access to flex space rehearsal rooms. We reserve the right in our sole and absolute discretion to make changes in our policies from time to time and without notice. Any description of how our service works should not be considered a representation or obligation with respect to how the service will always work. We reserve the right to make adjustments to our service that may not be fully reflected within these Terms of Use. 

5. The Shed DMV Billing

By purchasing Premium Shed DMV Services, you are expressly agreeing that we are authorized to charge you a variable fee and any applicable taxes through the credit card, debit card, or other payment methods ("Payment Method") that you provided during registration.

The Shed DMV is not responsible for the content or practices of any payment service website or your personal bank. Please be careful to read the terms of use and privacy policy of any payment service website before you provide any confidential information or engage in any transactions using any payment service website.

You can find the specific details regarding your account and subscription at any time by logging into your profile. You agree that your account is for your use only.

 5.1 Payments

A variable fee and any applicable taxes will be billed for each session that is booked. The Shed DMV reserves the right to charge the Payment Method on file the applicable rates, which will be clearly identified on The Shed DMV’s Website.  

 5.2 Cancellation

You are free to cancel your Membership at any time by clicking on Your Account and following the procedure required for cancellation. Please note that once you cancel your membership, you will lose access to the scheduler, and, therefore, will not be able to edit any upcoming sessions or book any future sessions.   

 5.3 Refunds

We do not offer refunds for self-service bookings. You are able to reschedule your session via the online calendar.  We also do not prorate any refunds or payments for partially used periods.

 5.4 Credit Card Information

For security reasons, The Shed DMV does not store your credit card information. The Shed DMV uses a third-party service to store your information. If you wish to change your payment method, you can do so under Your Account. If you do not notify us of a Payment Method change, your services and Membership may be interrupted until a successful renewal takes place.

 5.5 Additional Payments Outside of Bookings

In the case of equipment rentals, or any additional products and services that are outside of what is included in your booking, The Shed DMV reserves the right to charge the Payment Method on file the applicable rates, which will be clearly identified on The Shed DMV’s Website. No refunds will be issued for additional equipment, products, or services that were paid for that you do not use.

          5.6 Room Scheduling

The Shed DMV reserves the right to adjust client times and rooms, based on schedule and availability.  We will always contact you via email prior to making any changes.

         5.7 Multiple Pass Holders

The account holder must occupy a Brivo pass at all times.  

6. Accounts and registration

You must create an account and register with The Shed DMV in order to use the Services. All registration information you submit must be accurate and updated. Please keep your password confidential. You will not have to reveal it to any The Shed DMV representative. You are responsible for all use on your account, including unauthorized use by any third party, so please be very careful to guard the security of your password. Please notify us at info@thesheddmv.com as soon as you know of, or suspect any unauthorized use of, your account. Please also make sure to notify us if your registration information changes, in case we need to contact you.

You may terminate your account by notifying us at info@thesheddmv.com. Please identify your account (username) and provide a valid reply email address in the event we require additional information to terminate your account.

We reserve the right to immediately terminate or restrict your account or your use of The Shed DMV Services or access to Content at any time, without notice or liability, if The Shed DMV determines in its sole discretion that you have breached these Terms of Use, violated any law, rule, or regulation, engaged in other inappropriate conduct, or for any other reason or for no reason. We also reserve the right to terminate your account or your use of The Shed DMV Services or access to Content if such use places an undue burden on our networks or servers.

7. User reviews, comments, and other material

We permit you to post reviews and ratings of content available through The Shed DMV Services. We reserve the right to reject, remove, or edit such content at any time without notice. Reviews should not be posted that contain: harsh, profane, or discriminatory language; illegal, obscene, threatening, defamatory, or otherwise objectionable content; URLs, phone numbers, mailing or e-mail addresses, personal attacks on the content and featuring persons; misleading information regarding the origin of the content; or a discussion of The Shed DMV policies or services.

8. Linked destinations/third-party websites

If we provide links or pointers to other websites or destinations, you should not infer or assume that The Shed DMV operates, controls, or is otherwise connected with these other websites or destinations. When you click on a link within The Shed DMV Services, we will not warn you that you have left The Shed DMV Services and are subject to the terms and conditions (including privacy policies) of another website or destination. In some cases, it may be less obvious than others that you have left The Shed DMV Services and reached another website or destination. Please be careful to read the terms of use and privacy policy of any other website or destination before you provide any confidential information or engage in any transactions. You should not rely on these Terms to govern your use of another website or destination.

The Shed DMV is not responsible for the content or practices of any website or destination other than The Shed DMV Website, even if it links to The Shed DMV Website and even if the website or destination is operated by a company affiliated or otherwise connected with The Shed DMV. By using The Shed DMV Services, you acknowledge and agree that The Shed DMV is not responsible or liable to you for any content or other materials hosted and served from any website or destination other than The Shed DMV Website.

9. Advertisements

The Shed DMV takes no responsibility for advertisements or any third-party material posted on any of the Properties, nor does it take any responsibility for the products or services provided by advertisers. Any dealings you have with advertisers found while using The Shed DMV Services are between you and the advertiser, and you agree that The Shed DMV is not liable for any loss or claim that you may have against an advertiser.

10. Property

The Shed DMV, The Shed DMV logo, www.thesheddmv.com, and other The Shed DMV marks, graphics, logos, scripts, and sounds are property of The Shed DMV. None of The Shed DMV marks may be copied, downloaded, or otherwise exploited.

11. Use of information submitted

The Shed DMV is free to use any comments, information, ideas, concepts, reviews, or techniques or any other material contained in any communication you may send to us (“Feedback”, “Request”, “ Comments”), including responses to questionnaires or through postings to The Shed DMV Service, including The Shed DMV Website and user interfaces, without further compensation, acknowledgment or payment to you for any purpose whatsoever including, but not limited to, developing, manufacturing and marketing products and creating, modifying or improving The Shed DMV Service. Furthermore, by posting any Feedback on our website, submitting Feedback to us, or in responding to questionnaires, you grant us a perpetual, non-exclusive, royalty-free irrevocable license and right to display, use, reproduce or modify the Feedback submitted in any media, software or technology of any kind now existing or developed in the future.

Please note that The Shed DMV does not accept unsolicited materials or ideas for use or publication and is not responsible for the similarity of any of its content or programming in any media to materials or ideas transmitted to The Shed DMV. Should you send any unsolicited materials or ideas, you do so with the understanding that no additional consideration of any sort will be provided to you, and you are waiving any claim against The Shed DMV or its affiliates regarding the use of such materials and ideas, even if the material or an idea is used that is substantially similar to the idea you sent.

12. Damages to Property

The Shed DMV reserves the right to charge the Payment Method on file for any damages to the premises, building, equipment, or for any other damages caused by you in any way. In addition to, or in lieu of, charges for actual damages caused by you, The Shed DMV reserves the right to charge the following fees, which are a reasonable estimate of the actual damages that such activities will cause to The Shed DMV:

12.1. Smoking - A $100 fee may be applied for smoking or vaping anywhere inside The Shed DMV, or within 25 feet from the front door. 

12.2. Fire alarm - A $250 fee may be applied for activating the fire alarm via smoking, vaping, smoke/fog machines, or any other smoke inducing reason.

12.3. Mess - Up to a $300 (or part thereof) fee may be applied for any mess left in any The Shed DMV studio and/or communal area. A $250 cleaning fee may be required for large events.

12.4. Alcohol and Drug Use - Up to a $300 (or part thereof) fee may be applied for drug use, any residues left in The Shed DMV studios and/or communal areas from drug use , drug use and/or alcohol consumption within the premises, building, studios, or parking lot.

12.5. Tampering with Safety Equipment - A $300 fee may be applied for tampering with, damaging, and/or covering the fire alarms and/or security cameras.

12.6. Equipment Damages - A $100 fee may be applied for damaging equipment when being used against its normal operation.

12.7. Equipment Replacements - Full cost of replacement for equipment that has been damaged beyond repair when being used against its means, forced to operate in a way it was not designed, and/or it has been damaged by spillages of any fluid.

12.8. Building damages - Full cost of repairing damage done to The Shed DMV studios and/or communal areas including structure, fixtures, and fittings.

13. Indemnity, limits of our liability, warranty disclaimer

While we do our best to provide the optimal performance of The Shed DMV services, you agree that use of The Shed DMV services is at your own risk. The Shed DMV services, including The shed DMV Website and the other properties, the content, the facilities, the calendar, downloadable files, user material, instruments, equipment, and any other materials contained on or provided through the properties, are provided "as is" and, to the fullest extent permitted by law, are provided without warranties of any kind, either express or implied. Without limiting the foregoing, The Shed DMV does not make any warranties of fitness for a particular purpose, title, completeness, availability, security, compatibility or noninfringement; or that The Shed DMV services will be uninterrupted, free of viruses and other harmful components, accurate, error-free, or reliable.

In no event shall The Shed DMV or its affiliates, or any of their respective investors, directors, officers, employees, agents, or suppliers (including distributors and content licensors) (collectively, "The Shed DMV parties"), be liable for any direct, indirect, punitive, incidental, special, consequential, or other damages, including loss of profits, arising out of or in any way related to the use of The Shed DMV services (including any information, products, or services advertised in, obtained on, or provided through the properties), whether based in contract, tort, strict liability, or other theory, even if The Shed DMV parties have been advised of the possibility of damages. Certain state laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above disclaimers, exclusions, or limitations may not apply to you. In no event shall our total liability to you for all damages, losses, and causes of action whether in contract, tort (including negligence) or otherwise exceed the amount paid by you to us, if any, for accessing or participating in any activity related to use of The Shed DMV service or $60 (whichever is less). You are also responsible for any other persons you host at The Shed DMV. 

You agree to defend, indemnify, and hold harmless The Shed DMV parties from and against any and all liabilities, claims, damages, expenses (including reasonable attorneys' fees and costs), and other losses arising out of or in any way related to your breach or alleged breach of these terms or your use of The Shed DMV services (including your use of the content). The Shed DMV reserves the right, at our own expense, to employ separate counsel and assume the exclusive defense and control of any matter otherwise subject to indemnification by you.

14. Contact us 

Questions, comments and requests in relation to these Terms are welcomed and should be sent to info@thesheddmv.com.

 PRIVACY NOTICE

The Shed DMV is committed to protecting and respecting your privacy. This Privacy Notice sets out the basis on which any personal data we collect from you, or that you provide to us, will be processed by us. Please read the following carefully to understand our views and practices regarding your personal data and how we will treat it.

The Website (https://www.thesheddmv.com) is operated by Capitol Percussion + Backline, LLC (we, us, our, The Company), a company organized under Maryland law. Where we decide the purpose or means for the processing of the personal data that you provide when using our service, we are the “data controller” for the purposes of this service. As a data controller, we will comply with all applicable data protection laws. This Notice should be read together with our Terms & Conditions.

Our Website may contain hyperlinks to third-party websites. These websites fully operate independently from us and we cannot accept any responsibility or liability for the privacy practices of such third parties nor the availability of these external sites or resources.  The appearance of such links on our Website is not an endorsement.  Should you use any of these websites, such use is at your own risk and we would recommend that you review their respective privacy policies. If you have any questions or comments about this Privacy Notice, please let us know by emailing info@thesheddmv.com.

1. What personal information do we collect about you?

In order to enable you to reserve sessions in any of our studios via the Website or otherwise, we will need to collect and process information about you, all of which is provided by you with your consent. 

When you use our Website, you will be asked to fill in forms to create your own account and password, providing your name and email address. If you decide to make a reservation, we will also ask you to provide your payment details, billing address, and telephone number.

2. Financial transactions

All financial transactions via our Website are handled directly by our payment processing provider. We only share that information as is necessary to conclude the transaction and will not share any personal information with this third-party provider, nor will we receive the financial information that you provide to them except for the last four digits of your payment card.

3. Do we share your personal information?

We will only ever share your information with third parties in the ways that are described in this Privacy Notice. 

4. Employees and subcontractors

We keep your information confidential but may disclose it to our employees or subcontractors, and only if it is reasonably necessary for the purposes set out in this Privacy Notice.

We may use a third-party marketing platform who will deliver emails to you in connection with your reservations made through the Website, such as confirmation of registration for an account, and confirmation of reservations.  We will not pass your information on to third parties for marketing purposes unless you have provided your consent, in which event the advertisements that appear when you visit our Website will be targeted to provide you with more relevant advertising content and you may receive communications from third parties offering similar or related services to us.

If we are involved in a merger, acquisition, or sale of all or a portion of our business or assets, the information we hold may be included as part of that sale, in which case you will be notified via email and/or a prominent notice on the Website of any changes in ownership or use of your information, as any choices you may have regarding that information. 

5. Your collected personal data

You have the following rights over the way we collect and/or process personal data relating to you.  

a. The right to be informed about how we collect and/or process your data;

b. The right to access your data;

c. The right to the correction of any inaccuracies;

d. The right to deletion;

e. The right to restrict processing; and

f. The right to object to processing.

To make a request in relation to any of the aforementioned rights, please email us at info@thesheddmv.com. You are under no statutory or contractual obligation to provide any of your personal data to us. However, if you do not provide the personal information requested, we will not be able to provide you with the services that we offer. 

Within your right to deletion, you can request that we delete all of your data.  You can complete this by accessing your account and clicking on ‘Delete my account’. All of your data will be deleted within one calendar month from our booking and payment systems. All CCTV footage is purged and deleted every 31 days or sooner.

6. Complaints

If you prefer not to receive certain marketing information or limit the use of your personal information to a particular purpose, please let us know by emailing us at info@thesheddmv.com.

7. Children/Minors

We do not knowingly use the Website to solicit data from or market to children under the age of 18.  If a parent or guardian becomes aware that his or her child has provided us with information or may be receiving communications from us without the consent of a parent or guardian, please contact us at info@thesheddmv.com immediately.  We will make it our priority to address this situation and delete information relating to a child as soon as practicable.  

8. Security

All information you provide to us is stored on our secure servers. Where you have chosen a password that enables you to access certain parts of our Website, you are responsible for keeping this password confidential. We ask you not to share a password with anyone. Please be aware that, while we take the security of our Website and your personal information as a high priority, no security system can prevent all security breaches.

9. Retention

In accordance with data protection laws and good commercial practice, we do not retain data in a form that permits the identification of the person(s) to whom it relates for any longer than is necessary. Once the purpose for which information has been collected has been fulfilled, we will either permanently delete your personal information or remove all identifiers within it so that it is no longer personal data.

10. Changes to this Notice

This Notice may be updated from time to time. We will notify you of any changes to our Notice by posting the new Notice on our Website. You are advised to consult this webpage regularly for any changes to the Notice.

11. Contact us

Questions, comments and requests in relation to this Notice are welcomed and should be sent to info@thesheddmv.com.