The Shed Safety Guide

All workshop users - members and students - must read and observe the following guidelines. These will keep you and your fellow woodworkers safe and productive.

If you are unsure of anything, please ask.
You are responsible for other people’s health and safety. If you see somebody doing something unsafe, you are obliged to say something.
Wear covered shoes and tie your hair back if it is long.
Don’t wear clothing or jewellery with loose parts that might get caught in machinery.
Wear the appropriate protective gear when using machinery.
If you have not been inducted into the workshop or on a specific machine, don’t use it.
Respect the tools. If you are unsure how to use a tool, just ask. Use the correct tool for the job to prevent unnecessary breakages and return tools to where you found them.
Keep clear of any person operating tools and machinery (bumping an operator could cause serious injury to you or the operator).
All accidents or incidents must be reported to Jason or Dan, and recorded appropriately.
If something is broken or missing please tell us and write it on the Broken Equipment list.
If you believe a blade is blunt tell us and write it on the Blunt Blade list.
If you use the last of a consumable or material, add it to the To Order list.
Respect your fellow makers. Be conscious of other people working around you and warn people if you’re about to make a loud noise.
Respect the space. Clean up after yourself, put all tools away, sweep down work surface and floor.
We endeavour to use materials that are otherwise heading for landfill. Think twice about where you source your materials from. Come talk with us, we know lots of secret spots for cheap and wonderful supplies.
Please do not use spray paint in the workshop.
Please do not cut and/or use MDF in the workshop.
Please do not undertake metal work including grinding and welding, in the workshop.
Please do not mill recycled timber that may contain nails, and please remove nails offsite.
Keep cellphone use to a minimum.
No food or drinks in the workshop, apart from in the front seated area.
Intoxicated people may not use the workshop.
And most importantly, learn from your mistakes, and don’t be afraid of them.

Terms of Use

BACKGROUND:

A. The Shed is the lessee of the Premises, upon which the Working Space is situated.

B. The Shed has agreed to grant to You a licence to enter the Premises and use the Working Space and the Shed Tools on the terms specified in this Licence.

IT IS AGREED:

1. Definitions and Interpretation

1.1 In this Licence, unless the context or subject matter otherwise requires:

(a) all capitalised terms defined in Schedule 1 or throughout the Licence shall have the meaning ascribed to them by way of the relevant definition; and

(b) any reference in this Licence to any of the terms set out in Schedule 1 of this Licence is to be construed to incorporate the data that corresponds with those terms in Schedule 1.

1.2 In the interpretation of this Licence, unless the context or subject matter otherwise requires:

(a) a reference to the singular includes the plural and vice versa;

(b) a reference to any gender includes every gender;

(c) a reference to a person includes a corporation, trust, association, partnership, government authority or other legal entity

(d) a reference to writing includes printing, typing, facsimile and other means of representing or reproducing words, figures, drawings or symbols in a visible and tangible form, in English;

(e) references to statutes include statutes amending, consolidating or replacing the statutes referred to and all regulations, order-in-council, rules, by-laws and ordinances made under those statutes;

(f) headings are for convenience only and do not form part of this Licence or affect its interpretation;

(g) where any word or phrase is given a defined meaning, another grammatical form of that word or phrase has a corresponding meaning;

(h) a reference to a party includes that party’s executors, administrators, successors and permitted assigns

(i) a reference to money is to Australian dollars unless otherwise stated;

(j) the word ‘including’ and similar expressions are not words of limitation; and

(k) if a party consists of more than one person this Licence binds them jointly and each of them severally.

2. Grant of Licence

2.1 The Shed grants to You and You accept a licence to enter the Premises and use the Working Space for the Permitted Term commencing on the Commencement Date but limited to the Permitted Hours on the Permitted Days subject to the terms of this Licence.

2.2 The Shed reserves the right during the term of this Licence:

(a) to change the Permitted Days or the Permitted Hours; or

(b) to use the Working Space itself to the exclusion of You during any one or more of the Permitted Days or the Permitted Hours, provided that The Shed gives You at least two (2) weeks’ prior written notice of the change referred to in clause 2.2(a) or of The Shed’s intention to use the Working Space on one or more occasion instead of You as referred to in this clause 2.2(b).

2.3 The Shed also reserves the right to enter the Premises for any purpose and at any time when You may be using the Working Space provided that reasonable steps are taken to minimise interference with Your use of the Working Space at the material time.

3. Purpose

3.1 The Shed operates a collaborative, inclusive and community-based co-woodworking space. You are entitled to use the Working Space to undertake woodworking tasks, or any other craft-related tasks approved by The Shed, at the times agreed and on the terms provided for in this Licence.

3.2 You must not use or permit the Working Space or any part of it to be used for any purpose other than the purpose described at clause 3.1 above without the prior written consent of The Shed.

4. Fee

4.1 You will pay to The Shed the Fee for each Fee Period, in advance, commencing on the Commencement Date and then on the first day of each Fee Period and in the case of any broken period of less than one full Fee Period by an instalment on the first day of the broken period of a proportionate amount.

4.2 All payments by You to The Shed are to be made by way of credit card, electronic bank transfer or via a secure platform nominated by The Shed and advised to You from time to time.

5. GST

5.1 Regardless of any other provision of this Licence, if a goods and services tax or similar value added tax (“GST”) is imposed on any supply made to You under or in accordance with this Licence, the amount You must pay for that supply is increased by the amount of the applicable GST.

5.2 You must pay the applicable GST amount to The Shed at the same time and in the same manner as you pay the Fee at the beginning of each Fee Period.

5.3 If GST is payable by You, The Shed will provide to You a tax invoice for the supply in the approved form in accordance with the relevant GST law.

6. Keys

6.1 The Shed will provide You with the Keys to enable entry to the Premises and the Working Space.

6.2 The details of any person holding a key on behalf of You must be entered into a key register kept by The Shed signed for by the holder. If there is any person holding a key on behalf of You, You must advise The Shed.

6.3 You must not duplicate any key provided by The Shed.

6.4 If You lose or misplace any key provided by The Shed, The Shed will arrange a replacement key for You and You must pay (or reimburse The Shed) for the cost incurred in producing a replacement key.

6.5 All keys provided by The Shed must be returned to The Shed at the end of the Permitted Term or the earlier termination of this Licence.

7. Use of the Working Space

7.1 You must:

(a) Keep, and leave upon departure, the Working Space clean and tidy;

(b) comply with all statutes, regulations and ordinances regarding the use of the Working Space;

(d) comply with any directions and regulations displayed in the Working Space by The Shed;

(e) not cause or permit any rubbish to be left in or about the Working Space;

(f) not let the Working Space be used in any noxious or offensive manner or do or permit any nuisance, annoyance or obstruction to The Shed or other users or occupiers of the Working Space or of any adjoining or nearby properties;

(g) not bring onto or store in the Working Space any inflammable or corrosive fluids or chemicals other than those that are normally used in the conduct of the purpose described at clause 3.1 (in which case any such fluids or chemicals must be kept in suitable containers);

(h) only store property of Yours in the Storage Areas;

(i) not deface or alter the Working Space;

(j) not use or interfere with any equipment or items of property in the Working Space that is owned by or in the possession and control of The Shed;

(k) not display or affix any signage in or on the Working Space without first obtaining the consent of The Shed, which may be given, refused or given upon conditions in The Shed’s absolute discretion

(l) promptly report to The Shed all damage caused to the Working Space by You or Your invitees;

(m) promptly repair all damage to the Working Space or replace damaged property in the Working Space at Your cost where such damage was caused by You or Your invitees;

(n) ensure any invitees of Yours on the Premises are appropriately attired with suitable safety clothing and equipment, and ensure that you have signed them in and out using the sign-in book located in reception; and

(o) if the only person present or if in the presence only of Your invitees at the time of Your departure from the Premises, turn off all lights and electricity supply and lock all doors upon departure.

8. Use of the Premises and its facilities

8.1 While You are using the Working Space during the term of this Licence, You may use any kitchen facilities in the Working Space on the basis that Your obligations in clause 7.1 above apply to the use of those kitchen facilities as if they were part of the Working Space and in particular:

(a) all rubbish of Yours must be removed from the kitchen (and the Working Space) on the day of use;

(b) any equipment in the kitchen must be turned off when not in use;

(c) any damage caused to the kitchen or its facilities by You or Your invitees must be reported to The Shed promptly; and

(d) any damage caused to the kitchen or its facilities by You or Your invitees must be repaired or damaged items replaced by You promptly, at Your cost.

8.2 When You are using the Working Space during the term of this Licence, You may use any toilet facilities in the Working Space on the basis that Your obligations in clause 7.1 apply to the use of those toilet facilities as if they were part of the Working Space.

8.3 While You are using the Working Space during the term of this Licence, You may use any car, motorcycle or bicycle parking facilities on the Working Space on the basis that Your obligations in clause 7.1 apply (where they can) to the use of those car parking facilities as if they were part of the Working Space.

9. Risk and Liability

9.1 The Shed is not liable for the safe custody of any property used or left in the Working Space (or in the Working Space or its facilities) by You, including any Self-Supplied Tools.

9.2 You use the Working Space (and the Premises and its facilities), the Shed Tools and the Self-Supplied Tools at your own risk. The Shed is not liable for

(a) loss or damage to any property of Yours used or left in the Working Space (or the Premises or its facilities);

(b) injury to, damage done or suffered by, or the death of You or any person when entering, leaving or being in the Working Space (or the Premises or its facilities) and/or using the Shed Tools or the Self-Supplied Tools,

unless caused by the gross negligence of The Shed, and The Shed is exempted from liability for any such loss, injury, damage or death however caused.

9.3 The Shed reserves the right to inspect any tools brought into the Working Space by You whether Self-Supplied Tools or otherwise, and may refuse entry to or use within the Premises of such tools for safety or other reasons.

10. Warranties

10.1 You warrant that:

(a) You and any of Your invitees are over the age of 18 years;

(b) You have read the Disclaimer included in document as Schedule 2 as at the date of this Licence, and as updated on The Shed’s website from time to time;

(d) should you be using any Self-Supplied Tools:

a. all Self-Supplied Tools have at the time of use at the Premises been recently assessed for compliance with safety requirements; and

b. you are physically capable of using all Self-Supplied Tools;

(e) You have received any industry-recommended or required or legislatively-required training or qualification to operate any Shed Tools or Self-Supplied Tools;

(f) You will not bring to, nor use at, The Shed any tools which you have not yet disclosed to The Shed as Shed Tools;

(g) You have viewed in its entirety the safety demonstration provided with respect to the use of some of the Shed Tools, such demonstration being supplied by The Shed at the time You were provided with this Licence;

(h) You are aware of the inherent dangers present in a workshop, including but not limited to spillages, sawdust, woodchips and electrical risks, and You will

a. take all precautions to promptly clean up any spillages, sawdust, woodchips or other mess occasioned by or in the course of your use of the Working Space; and

b. promptly advise The Shed of any mess you are unable to clean up yourself or any electrical or other risks you become aware of, and immediately follow all instructions provided by The Shed in order to secure the affected area of the Premises and where relevant the Working Space;

(i) Your invitees will not use any of the Shed Tools, or any Self-Supplied Tools on the Premises or within the Working Space without receiving the consent of the Shed;

(j) You will otherwise comply with the terms of this Licence at all times;

10.2 The Shed warrants that:

(a) it will comply with its Maintenance, Testing and Tagging Policy included in this document at Schedule 3 as at the date of this Licence, and as updated from time to time;

(b) it will advise You of any necessary updates to this Licence or facts necessary to give effect to this Licence and will arrange for a new Licence to be entered into where so required

(d) it will take all reasonable steps to ensure a safe environment for You and other customers of The Shed, insofar as it is reasonably capable of same in the circumstances.

11. Indemnity

11.1 You indemnify and hold harmless The Shed against any losses, liabilities or legal costs incurred by The Shed or any claims or actions against The Shed brought by You or anyone else, arising directly or indirectly out of or in connection with Your breach or non-performance of Your obligations under this Licence or Your use of the Working Space (or the Premises or its facilities).

12. Insurance

12.1 You have taken out or will take out prior to entering the Working Space any necessary or appropriate insurance protection in order to cover you for personal injury or death occasioned by the use of power tools at The Shed.

12.2 Should you not take out any insurance referred to in clause 12.1 above, You acknowledge and understand the inherent risk and danger of using the Shed Tools and the Self-Supplied Tools.

13. Termination

13.1 The Shed may terminate this Licence immediately during its term in any of the following circumstances:

(a) where You fail to pay the Fee for a period in excess of 7 days; or

(b) where You breach any covenant contained in this Licence.

13.2 You or The Shed may terminate this Licence during its term at any time by giving at least two (2) weeks’ written notice to the other party.

14. On Expiry or Termination

14.1 On the expiry or earlier termination of this Licence, You must promptly remove from the Working Space (and the Premises and its facilities) all of Your property, leaving the Working Space (and any part of the Premises or its facilities that the Licensee used) clean and tidy, and returning to The Shed all keys in accordance with clause 6.4.

14.2 If You fail to comply with clause 14.1 above, The Shed may remove any property of Yours from the Working Space (or the Premises or its facilities) at the risk of and as the agent of You and may retain it until You pay the costs incurred in such removal and storage and any other money owing by You to The Shed in connection with this Licence.

15. Costs of this Licence

15.1 Each party must pay its own costs and outlays in connection with the negotiation, preparation and execution of this Licence.

16. Option to Extend Term (if applicable)

16.1 Upon your request, The Shed may elect in its absolute discretion to grant a further licence on the following conditions:

(a) the Permitted Term, Permitted Days and Permitted Hours of the further licence will be as agreed by the parties;

(b) the Fee payable for the further licence will be an amount set by The Shed before the further licence commences; and

(c) the terms and conditions of the further licence will be the same as the terms and conditions of this Licence except this clause 16 will be deleted and the items in Schedule 1 will be amended or deleted as appropriate to apply to the further licence.

16.2 Any documents that The Shed may reasonably require to be entered into for the further licence must be prepared and stamped (if necessary) by The Shed and executed by You within two (2) weeks after The Shed gives them to You.

16.3 If the Fee payable during the further licence, which is to be set in accordance with clause 16.1(b) above, is not acceptable to You, then You will not be obliged to take the further licence and The Shed will not be obliged to grant the further licence.

17. General Provisions

17.1 You have a personal right of occupation of the Working Space on the terms specified in this Licence and You have no interest in the land on which the Working Space is situated or the Premises. The legal right to possession and control over the Working Space remains vested in The Shed throughout the term of this Licence.

17.2 This Licence is personal to You and You must not assign the benefit of this Licence or grant any sub-licence or cease to use the Working Space personally.

17.3 Any notice may be served on either party by post, by personal delivery to that party at its current residential or business address, by leaving it with that party personally, by leaving it with some person over the age of 18 years residing or working at that party’s address, or by successful email transmission. A notice must be treated as given and received upon delivery, if posted then on the expiration of 2 business days after posting.

17.4 The law of Victoria governs this Licence. The parties submit to the non-exclusive jurisdiction of the courts of Victoria for the purpose of any action, suit or proceedings relating in any way to this Licence.

17.5 This Licence contains the entire agreement and understanding between the parties on everything connected with the subject matter of this Licence. All representations or agreements made prior to the date of this Licence and relating to any matter dealt with in this Licence are merged in this deed and do not have any effect from the date of this Licence.

17.6 If any part of this Licence is, or becomes, illegal, void or unenforceable then it is severed and the remainder of this Licence remains in force.

17.7 Failure or delay in exercise, or partial exercise of a right, power, authority, discretion or remedy arising from a breach of or default under this Licence does not result in a waiver of that right, power, authority, discretion or remedy. A right, power, authority, discretion or remedy may only be waived by notice signed by the party to be bound by the waiver and a waiver is effective only in respect of the specific instance to which it relates and for the specific purpose for which it is given.]

17.8 Where The Shed is the lessee of the land upon which the Working Space is situated, this Licence and its continuation is subject to the terms of the lease to The Shed.