Concept Studio Membership Agreement


MEMBERSHIP AGREEMENT | CONCEPT STUDIO MEMBERSHIP
The E-Vision Business Center Inc supports the equal right for everyone to have a voice in their membership. We believe that the more diverse the discourse of a society, the better our membership is informed and able to make good decisions and quality digital content. We believe no organization or individual should have the right to determine which ideas do (and do not) have an opportunity to be heard. For this reason, we have created Concept Studio’s Fairness Policy.

Our organization enables individuals and organizations with limited financial resources to produce independent media in South Carolina for a local and global audience. In developing partnerships throughout the community, we strive to provide all the tools necessary to produce high-quality, professional media. To maintain and offer services to the community we must ask that members agree to abide by certain rules and procedures.

Please read and indicate at the bottom of the form that you understand and accept the terms of use at E-Vision Business Center Studio.

Producing at E-Vision Business Center Concept Studio.
The following is an outline of the steps a member must take prior to being eligible to use/rent equipment or Concept Studio facilities:
Complete online membership registration and pay for desired membership type.
If you wish to use Field Equipment or the Studios, you will need to sign up for and take the required certification classes (Introduction to Concept Video Workshop) offered by Concept Studio to gain usage rights to equipment and facilities. You may use Concept Studio’s iMac lab without certification, but you will not be given any assistance in using any post-production or graphics applications unless you have taken the respective classes first.

Activate a project and make reservations following our guidelines for use of equipment or facilities.

All Concept Video Nerds participants Members Must submit their non-commercial content to our distribution platforms: for VHX and web streaming, podcast or radio. The content MUST follow our Content Agreement. E-Vision Business Center is only able to continue offer equipment, facilities and classes to community members due to this exchange. Concept Studio Commercial Members or allowed to produce content for commercial purposes and publish to their own distribution channels.

Member Guidelines for Use of Concept Studio Equipment and Facilities

All Members may reserve one edit station per day. Concept Studio will allocate 100 gigs of storage to be used by Equipment Access and Organizational Members for Concept Studio productions, which can be accessed from any edit station at Concept Studio/EBC. It is your responsibility to let the staff at Concept Studio know when you would like to access your 100 gigs of storage space. This is a working storage space

This is a working storage space and not meant for archival purposes and may be deleted after membership expiration. Users must follow the Editing policies.
Classes offered at E-Vision Business Center certify members to use Concept Studio Field equipment and Studios covered in the Field Production or Studio Production classes.
Anyone can rent Concept Studio equipment at commercial rates, or you can purchase a Concept Studio membership (Equipment Access or Organization Memberships), take classes and then check-out Concept Studio equipment free of charge as follows:

Concept Studio Field Equipment (Field Production Class)- Individuals may reserve one complete field package, including but not exceeding: 1 camera and accessories, 2 batteries, 2 microphones and cables, one camera support, 1 light kit with accessories, field monitor and headphones for 24 hours, or for 72 hours if you rent Saturday-Tuesday. For equipment needed beyond these quantities members will be charged MEMBER rates. Field equipment users must follow the field policies. (Field Equipment will not be available to Jan 15, 2018)

Concept Studio (Must take Studio Production Class) – Individuals may reserve one studio for up to 3 hours. All Concept Studio members can be camera crew and non-members can be “shadow crew” up to 2 times before membership is required. Studio users must follow the studio policies.

If you are accessing our equipment through your Concept Studio membership, all material you create using Concept Studio equipment must be non-commercial in nature and be submitted to air on our channels with a Creative Commons Attribution-Noncommercial-Share Alike license. If your material is commercial in nature and/or cannot air on our station, you must rent our equipment at the Commercial Rental Rates.

If you are accessing our equipment through your Concept Nerd Program, NEITHER YOU NOR YOUR CREW MAY BE PAID TO PRODUCE YOUR VIDEO PROJECT. If you are getting paid to use Concept Studio equipment you must rent the equipment at the Commercial Rental Rates. Exceptions are made for staff of nonprofit organizations. Please see staff for more information.
Uncertified people cannot touch Concept Studio equipment except where the shadow policies apply, see #3, Studio Membership.

All payments are due up front, and a copy of a credit card and driver’s license and deposit may be required. Click here for info on the bounced check policy.

Reservations / Checking in and out
To make a reservation you must have an active membership, the proper certifications and an active project. All equipment and studio time must be reserved via the website, and should be done in advance. Concept Studio will provide computer and Internet access for members needing to make online reservations. Drop-ins are allowed, but the same rules of use apply

Please see Field Policies for details on picking up and returning equipment, late fees and missing or damaged equipment.

Member Responsibilities

E-Vision Business Center members must be aware of all the rules detailed in the Membership Agreement. Failure to observe these rules could result in a loss of privileges at Concept Studio.

Members must act in accordance of the Code of Conduct and are responsible for the conduct of everyone participating in their production and guests invited into the facilities.
Your video project must be non-commercial in nature and adhere to the E-Vision Business Center policy regarding Creative Commons Licensing and Copyright policy.

Members are not required but encouraged to take a New Member Orientation course (1st Wednesday of the month, 6:45-8:15pm) when they become a member. We also highly encourage all members to take the E-Vision Business Center Tour (1st & 3rd Wednesday of the month, 5:30-6:30pm). Follow this link for upcoming schedule and to make a reservation.

Members must be certified to use equipment and facilities. Those who have prior experience with field camera equipment can opt to Test-Out of our certification class. For those who are in need, there are scholarships available for all classes. Please click here for more info on class fees, test-outs and scholarships.

Members are to exercise extreme care and common sense when operating all equipment whether in the studio or when using field or editing equipment.

Members are responsible for inspecting all equipment at the time of rental. Members will be held financially liable for missing equipment and for the repair or replacement of equipment damaged by negligence or misuse upon return.

Under no circumstances shall any member attempt any maintenance, repair, or adjustment to any equipment rented. Any member attempting any of the above shall have their member privileges revoked. All problems should immediately be brought to the attention of the Digital Media Director.

All use of Concept Studio equipment or facilities must result in a non-commercial Creative Commons program and submitted for airing on Concept Studio TV channels/radio, and streamed on the website.

All member producers are responsible for submitting programs that follow the Content Agreement.
E-Vision Business Center ’s Responsibilities to E-Vision Business Center and its members:

Studio, editing and field equipment will be provided by Concept Studio for use by members and will be maintained by EBC.

EBC will provide the equipment and instruction for members to upload programming for the access channels/radio station and for web streaming.
EBC will provide internet access to members to complete all required forms, reservations, ingesting, uploading and accessing other materials needed for membership.
EBC will provide qualified and knowledgeable staff and interns to offer orientations, workshops and provide assistance to members.
EBC will do it’s best to provide a productive, collaborative and user-friendly environment.
Do our utmost to inform membership of changes to policies and procedures.
Allow members in a productive manner to provide comments and feedback to the processes and procedures at Concept Studio.
If for some reason you are not satisfied with your membership within 30 days, you may request a refund under the Refund Policy guidelines.

Failure to Comply with Stated Policies and Applicable Law

Via EBC Concept Studio, The E-Vision Business Center is committed to providing video production facilities and workshop trainings at reduced costs to produce non-commercial Public Access programs. All users are welcome to use the facilities in the manner described in existing policies. The Executive Director or Station Director may impose, at his/her discretion, sanctions and penalties for failure to comply with policies.

Members are responsible for their actions within the facility and the care of the equipment they use. E-Vision Business Center may require reimbursement for replacement or repair of property and equipment damaged by facility users. At the discretion of the Center Director, persons who fail to pay for such reimbursements or whose behavior is not in accordance with the Code of Conduct, Programming and Member Policies may be suspended or banned from use of the facilities.

E-Vision Business Center will make every reasonable effort to inform individuals about programming policies and prohibitions when a violation has occurred and to cure those violations. E-Vision Business Center reserves the right to take any action about program scheduling and transmission to comply with applicable law and to ensure compliance with these policies, including but not limited to immediately suspending access rights.

PROGRAMMING POLICIES AND CONTENT RESTRICTIONS
Series Programming Policy
Members wishing would submit new television content on a regular basis can request one series timeslot 28-118 minutes long. Radio series can only be scheduled in 58-minute increments. The series timeslot must be chosen from within the available 10 theme blocks for radio or television. Timeslots will be re-evaluated at the end of each year, and are never guaranteed beyond the current calendar year. Members must have at least 3 episodes ingested, and uploaded on Concept Studio website to secure a recurring timeslot. Once given a timeslot event and proper scheduling permissions, producers are responsible for scheduling their own shows.

Procedure to Schedule Series
Members must complete this TV Series Application or PODCAST Series Application.
Members will be given a recurring timeslot event for the series and permissions to self-schedule their shows from one project.
MEMBERS are responsible for scheduling their own show once given proper site permissions. Self-Scheduling should be done before Saturday for the following week. On Saturdays, the upcoming week’s schedule is reviewed for programming holes and all empty slots must be filled.
Failure to provide new programming as scheduled will lead to program cancellation and restrictions in scheduling future programs. Accumulation of multiple programming suspensions may result in a permanent ban from the use of EBC CONCEPT STUDIO’s facility and/ or prohibition from scheduling future programs. See Three Strikes Policy below.

Content Ingest Legal Agreement
While E-Vision Business Center is not responsible for the content submitted to our station/website, members must confirm that the content being provided is not contrary to local, state or federal laws, regulations, or E-Vision Business Center procedures and policies. Complete Program Content Legal Guidelines are posted below, but in the most basic terms, you agree that the material that you are submitting to E-Vision Business Center does not include:

Any material violating any state or federal law;
Any material that is libelous, slanderous, or otherwise defamatory, or constitutes an unlawful invasion of privacy;
Any advertising or material that promotes any commercial product or service;
Any use of material that violates statutory or common law copyright. You must have legal permission to submit/broadcast/cablecast/web stream any content you submit.

Additionally, if Concept Studio’s equipment and facilities were used in production, unless commercial rates were applied, it must be released under a Creative Commons Attribution-Noncommercial-Share Alike license. If any programming submitted for distribution by any member violates these provisions, E-Vision Business Center shall refrain from broadcasting, streaming, or cablecasting the programming and will also impose any other sanctions against the membership as dictated by the rules and regulations.

Creative Commons/Copyrights
E-Vision Business Center rents out studios and production equipment for commercial use at standard rates. Noncommercial, public access, creative commons projects qualify for the use of equipment and studios at a discounted rate. If members want to own exclusive copyrights to their work, or if they want to produce commercial content, it will not air on the E-Vision Business Center distribution outlets, members must pay Commercial Rental Rates for use of studios and equipment.

Three Strikes Rule

Members are expected to comply with all programming guidelines. Members will be penalized in the following manner if a violation occurs:
Strike one: Show gets deleted from database
Strike two: All shows get deleted from database
Strike three: Membership is revoked and all privileges are suspended for a minimum of 1 year

Adult and Explicit Content Restrictions: Digital Media Content

The following restrictions apply to all public access programming on EBC Concept Studio’s website and TV channels. As a free speech organization, EBC supports ALL speech that passes the so-called “Brandenburg Test”, which excludes limited speech that directly incites violence or other forms of imminent, intentional, AND probable illegal activity.

EBC will refuse or remove content that is reported as slanderous, libelous, an invasion of privacy, or made unlawful. Similarly, EBC reserves the right to refuse or remove material that is reported as obscene; (defined as material that the average person, applying contemporary community standards, would find that considered as a whole, its preconception Studio.NET appeal* is to the prurient interest in sex and it depicts or describes in a patently offensive manner, actual or simulated: sexual intercourse, so Concept Studio, sexual bestiality, masturbation, sadism, masochism, excretion, or lewd exhibition of the genitals, and considered as a whole lacks serious literary, artistic, political, and scientific value.)

Programs containing mature themes, mild profanity, or lifelike imagery of nudity for the purposes of artistic, literary, political, or scientific discourse will be scheduled after 10:00pm. Programs containing depictions or simulations of sexual intercourse will be scheduled after 10:00pm.

Programs containing and / or entitled with excessive vulgar language, nudity, extreme physical violence, extreme degradation, graphic depiction of invasive medical procedures or indecent material will be preceded by a message advising viewer discretion and will be scheduled between the hours of 10:00 p.m. and 6:00 a.m. Indecent material is defined as material that describes or depicts sexual or excretory activities or organs in a patently offensive manner as measured by contemporary community standards.

E-Vision Business Center needs to provide a means of notifying parents or guardians when programming appears on the access channels that may be inappropriate for children. E-Vision Business Center also wants to assist people in making informed viewing decisions while providing an opportunity for all forms of expression without censorship and in accord with existing laws. Channel users shall be responsible for notifying E-Vision Business Center if their program contains material requiring an advisory message and must indicate adult content by rating shows for Mature Audience (MA) when submitting content on the show web form. It is a violation of E-Vision Business Center policy to submit for programming that is obscene or otherwise made unlawful.


Commercial Programming Restriction

Material concerning lottery information, gift enterprise, or similar scheme; Unlawful use of material requiring union residual, or other payment including but not limited to talent and crew; Unlawful use of material that is copyrighted or subject to ownership or royalty rights, right of publicity, or other payment.
E-Vision Business Center recognizes the commercial nature of non-original record and Film Company produced programming, including music videos and film trailers. In order to prevent the promotion of commercial products on the E-Vision Business Center access channel.

Representation of Authorizations

Channel users must represent that they have obtained all necessary permission for material and individuals appearing in their programs. Channel users are required to provide satisfactory evidence of such permission upon request by EBC CONCEPT STUDIO. Submitting false information in connection with scheduling a program will result in program cancellation and restrictions in scheduling future programs.

Charging for Airtime

Time on the public access channels and radio station is available free of charge to members Concept Studio Membership. Members may not require compensation from individuals in exchange for appearing on a public access channel. Furthermore, channel time may not be bartered or sold.

Underwriting Policy
The membership program at Concept Studio is designed to ensure that everyone in our community can access the communications technology resources they need to participate in our local media communications. Equipment is made available through subsidies from E-Vision Project Development Corporation and E-Vision Business Center Inc and free use of that equipment is restricted for non-commercial projects. Concept Studio is responsible for ensuring that those subsidies do not constitute unfair competition against commercial equipment rental operations in Denver, and that we are only providing free equipment access to projects that could not otherwise be completed.
In general, when a project has underwriting support, it has sufficient funding to rent equipment from a commercial rental house, or at Concept Studio’s Commercial Rental Rates. For that reason, no underwriting recognition is permitted for shows which were created using free or discounted equipment through a Concept Studio membership. An exception can be made for small underwriting amounts (under $5,000), provided that the underwriting support is donated directly to Concept Studio or the E-Vision Business Center, not to the show producer. Any underwriting support received is then credited against the producer’s account to cover membership, training, or equipment rental costs.
There are no restrictions on underwriting recognition (or any other content restrictions) for producers renting Concept Studio equipment at Commercial Rental Rates.
Program Credits for Contribution of Goods and Services
Programs may contain credit for individuals, businesses or other organizations that have contributed goods, services or funding used in the program production. Individual credits for such contributions are limited to fifteen seconds. Total credits for all contributions are limited to sixty seconds. Credits may include an acknowledgment of the contribution made. Credits may not contain any advertising information. The following guidelines apply to all credits for contributors:

– Credit must appear at either the beginning or end of the program;

– Credit may be aural, visual or both;

– Credit may include a logo;

– Credit may include a name, address, and phone number;

– Credit may include a phrase describing the business of the contributor and the nature of the contribution;

– Credit may not contain any qualitative or promotional information.

You can find more information and guidelines around underwriting here.
Phone Numbers, Website Addresses and Other Contact Information

Only non-commercial phone numbers and website addresses can be displayed throughout the duration of programming. This does not apply to commercial phone numbers or websites, which can only be displayed as a credit for contribution of goods and services.

Solicitation by Non-Profits

Solicitation of funds during access programs is limited to non-profit organizations, pending E-Vision Business Center approval. An IRS letter of determination indicating 501 (c) (3) status must be submitted, and funds raised must go directly to E-Vision Business Center or its parent company, E-Vision Business Center, who can then pass on the donations to the approved Nonprofit, minus 25%. Only Colorado–based non-profit organizations may fundraise. The IRS letter of determination must be on file with E-Vision Business Center prior to any solicitation of funds. The 501 (c) 3 determination does NOT apply to political fund-raising, religious organizations (such as churches, synagogues, mosques, and other places of worship), and to certain types of foundations. The 501 (c) 3 is a federal designation, not a state or city designation.

Limits of Liability

E-Vision Business Center is not liable for any mistakes, omissions or interruptions in the cablecast and any other means of distribution of programs. E-Vision Business Center is also not liable if the program or material submitted is damaged, lost or stolen while in its custody except in the case of gross negligence on the part on E-Vision Business Center Concept Studio.