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Waiver and Indemnification
Form The tools in our collection are for the use of Santiam Canyon Tool Library members. Out of respect for future users, please clean any tools you borrow before returning them and report any damage to the tool library immediately. Borrowers are responsible for any significant damage they have caused to tools that was not present at the time of check out, but we promise not to be angry as long as you tell us. Please see #14 of Tool Use Policy for more details. If you feel compelled to return tools in better condition than when you borrowed them, you get brownie points and /or good karma for being a good sharer.
I state that I am capable and experienced in using the tools I am borrowing, and that I will use the tools I am borrowing in a proper and safe manner.
I do hereby for myself, on behalf of my successors and assigns, in consideration of being permitted to borrow tools, waive any and all claims against the Santiam Canyon Tool Library, its partners, directors, officers, members, agents, employees and volunteers for any injuries or damage of any nature that I may suffer or incur while using the tools that I am borrowing from the Santiam Canyon Tool Library.
I do hereby for myself, on behalf of my successors and assigns, in consideration of being permitted to borrow tools, agree to release and indemnify and hold harmless Santiam Canyon Tool Library, its partners, directors, officers, members, agents, employees and volunteers from any and all liability, loss,. Claims, and demands, actions or causes of action for the death or injury to any persons and for any property damage suffered or incurred by any person which arises or may arise or be occasioned in any way from the use of tools I am borrowing from the Santiam Canyon Tool Library. I am aware that the Santiam Canyon Tool Library, its partners, directors, officers, members, agents, employees and volunteers claim no expertise and make no representation concerning the fitness of any tool for any particular use.
I affirm that the above information is current, true and correct and may be subject to verification. I further state that I have read and fully understand the Santiam Canyon Tool Library’s Tool use Policies (pages 3 and 4) and I understand that failure to comply with any of these rules may result in revocation of my borrowing privileges and/or legal action against me. I have read and signed a Waiver and Indemnification form, relinquishing any and all claims against the Santiam Canyon Tool Library, its partners, directors, officers, members, agents, employees and volunteers.
Tool Use Policies
1. Santiam Canyon Tool Library (“Library”) members must be age 18 or over.
2. Prior to borrowing tools, all Members must: (a) complete a Membership Application; (b) sign the Waiver and Indemnification Form; and (c) have their residence verified by a Tool Library volunteer or member of the staff. We’ll verify your identity with either a government issued ID (driver’s license, passport, etc.) or with two pieces of mail with your address (utility or bank statement).
3. By taking possession of any item, you are certifying that you are capable of using that item safely and properly. The member agrees to pursue any needed training or guidance on safe and proper tool use, which may include reading user manuals, viewing training videos, or asking others for advice or assistance.
4. Only the Member is authorized to use Library tools. If you check out tools, you cannot permit non-Members to use Library tools, even you partner or best friend. Really.
5. Please contact the Library directly for group events involving tool use by non-Members.
6. Some tools have a fee for borrowing. These fees will be listed on the Library website and at the Santiam Canyon Tool Library office. The borrowing fees must be paid prior to borrowing tools from the Library. Borrowing fees pay for tool maintenance, replacement parts, new tools and upkeep of the Library’s facilities.
7. If a tool is returned late the Member will be responsible for late fees, as posted. The Library may replace severely delinquent tools, holding the Member responsible for the full replacement cost plus a $10 administrative fee. Fines must be paid in full before borrowing additional items.
8. The Library reserves the right to use appropriate steps to retrieve delinquent tools or unpaid fines and fees, including the use of a collection agency and/or legal action and to assess the delinquent Member with the cost of any such action. The Library also reserves the right to forgive fees due to special circumstances.
9. Tools may not be reserved before pick-up. The Library reserves the right to make an exception to this policy for large community events. No exceptions will be made for individual lending.
10. Members may renew each tool once if the Member contacts the Library by the time the Library opens on the day that the tool is due. Renewal rates are as posted. The Library reserves the right to refuse or limit renewals and will do so based on demand. Renewal fees will be paid when the tool is returned.
11. The Member agrees that the Library is not responsible for any manufacturing defects, quality of workmanship or materials, or any damage caused by previous users to any borrowed tools.
12. The Member agrees that if any borrowed tool becomes unsafe or in a state of disrepair, he or she must immediately discontinue use of the tool and notify the Library of the issue on return, in not earlier.
13. The Member agrees to inform the Library if any borrowed tool has been involved in an accident that resulted in personal injury or property damage. We ask you to do this so we can perform a safety inspection and needed repairs on any tool involved in an accident.
14. All tools are to be returned in the same (or better) condition as they were issued, barring normal wear and tear. All tools must be returned clean. The Member agrees to pay for the loss of or damage to any item and further agrees to accept the Library’s assessment of condition of items and to further agree to the Library’s assessment of fair restitution of damage, uncleanliness, delinquency and/or loss of items in part or in total. This restitution amount could equal up to the full replacement cost of the item plus a $10 administrative fee.
15. The Library reserves the right to refuse the loan of any item to any Member at its discretion.
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