Lending Policies Agreement
1. Membership: Only Members of Eco Tool Library are eligible to borrow tools. To become a Member, borrowers must:
Complete the Membership Application
Present a valid, government-issued photo ID
Sign this Tool Library Lending Policies Agreement
Sign the Tool Library Waiver and Indemnification Agreement
Pay an annual individual Membership Fee of either $100 or $30 plus work, depending on Membership Agreement
Items (a) and (d) are to be completed and signed in concurrence with this Tool Library Lending Policies Agreement, and are incorporated herein by reference. Memberships must be renewed annually.
2. Member Qualifications: Members must possess a valid driver’s license, State-issued I.D. card, or passport, and be age 18 or older to borrow tools from the Tool Library.
3. Only Members May Use Tools: Only Members are permitted are permitted to use tools from the Tool Library. Members shall not permit another person to use items that the member has checked out.
4. Proper Use and Safety: Each Member and Authorized Person agrees that by taking possession of any tool (or other item) from the Tool Library, s/he is certifying the s/he is capable of using that tool or item in a safe and proper manner. The Member agrees that the Tool Library has no control over the manner in which borrowed tools are operated during the loan period. Members shall not remove any operational or safety instructions from tools or items borrowed from the Tool Library
5. Waiver and Liability from Tool Manufacturing or Maintenance Defects: Without limiting the Waiver and Indemnification provided by the Member, the Member agrees that the Tool Library is not responsible for any manufacturing defects in quality of workmanship or materials or any faulty maintenance of any borrowed tools.
6. Return of Damaged Tools: The Member agrees that if at any point the borrowed tool becomes unsafe or in a state of disrepair, the Member will immediately discontinue use of the tool and notify the Tool Library upon return, if not earlier.
7. Condition of Tools at Return: All borrowed items must be returned to the Tool Library counter at 314 N. Howes Street, Fort Collins, CO 80521. All tools should be returned clean and in the same (or better) condition as they were issued, barring normal wear and tear. Should the Member feel inspired to return tools in better condition than when borrowed, that would be highly appreciated and rewarded with a crisp high-five. The Member will maintain the lending equipment during the lending period (including but not limited to maintaining proper fuel, oil and/or lubrication levels, if applicable). The Member agrees to pay the full replacement or repair costs of any lost, stolen, or broken tools. The Tool Library staff will evaluate and assess any damage to tools upon return. If determined repairable, Members will be charged a repair fee, not to exceed 50% of the replacement value of the tool. If tools are deemed damaged beyond repair, Member will be charged a replacement fee, not to exceed the replacement value of the tool, plus a $5 administrative fee per tool. The Member agrees to accept the Tool Library staff’s assessment of the condition of returned items and the amount of fair restitution for damage or replacement of items, and to pay any such fee and assessments at the time of check in.
Consumables, such as sandpaper or blades, are not provided by The Tool Library and the quality and safety of any left by previous member are not guaranteed even if left attached to the tool being checked out. Attached consumables will be checked by Library staff but Members are required to ensure safe conditions before operating tools and equipment.
8. Due Date for Return of Tools, Fee and Fines, Replacement: Tools may be returned only during the normal operating hours of the Tool Library. If items are not returned on or before the due date, fines will be accrued at $1/day/item, until items are returned to the Tool Library. Late fines will not exceed the replacement value of the tool, plus a $5 administrative fee per tool. The Tool Library may replace severely delinquent tools, holding the Member responsible for full replacement costs of the tool plus the $5 administrative fee per tool. All fines and fees must be paid before Members can borrow additional tools. The Member further agrees to accept the Tool Library staff’s assessment of fair restitution for delinquency and/or loss of items. Members are responsible, as stated in clause 7 above, for any lost, stolen, or broken tools.
9. Reservation of Tools, Return Date Extensions: All tools will be loaned on a first come, first serve basis. The Tool Library will not accept advance reservations for tool checkouts. Members may extend their tool borrowing periods beyond the originally scheduled return dates, at the same daily rate by contacting Tool Library staff in person during normal business hours of operation or by telephone. Eco Tool Library reserves the right to refuse or limit renewals at its discretion.
10. Right to Retrieve Delinquent Tools: All tools and equipment borrowed from the Tool Library shall remain the property of Eco Tool Library. The Tool Library reserves the right to use any and all appropriate steps to retrieve delinquent tools or seek payment for unpaid fines and fees, including the use of a collection agency and/or legal action. The Tool Library may assess the delinquent Member with the cost of any such action.
11. Discretion to Loan: The Tool Library reserves the right to refuse requests for Membership, or the loan of any item at staff’s discretion.
12. Governing Law; Intent; Severability; Headings: This document is governed by the laws of The State of Colorado. If any portion of this document is held as not enforceable or valid, the remaining portions shall remain in full force and effect. All section headings are provided for convenience only.
13. Affirmation and Agreement: I affirm that the information I have provided on the membership application is current, true and correct and acknowledge and agree that such information may be subject to verification by Resource Central. I further state that I have read and fully understand the Tool Library Lending Policies 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 Agreement, incorporated in this agreement by this reference.
I have read, understand, and agree to the Eco Tool Library Lending Policies.
Waiver and Indemnification Agreement
I recognize the inherent dangers and risks in the transportation, loading, unloading, and use of tools. I acknowledge that Eco Tool Library has no ability and no duty to supervise, instruct, or otherwise control my use or maintenance of the borrowed tools, or the use or maintenance of such tools, by any other person and does not represent or warrant, in any way, that the tools I am borrowing are appropriate for my intended use. I state that I am capable and experienced in the use of the tools I am borrowing from the Tool Library, that I will use the tools for their intended purpose, and that I will maintain the tools in a safe and proper manner during the period that I am using them. I will not allow any other person to use the tools that I am borrowing except Authorized Persons as specified in my Membership application and/or the Lending Policy Agreement. I have inspected each borrowed tool and accept its condition, have noted all damage or defects, and advised the Tool Library of my findings, if any.
I do hereby for myself, on behalf of my successors and assigns, in consideration of being permitted to borrow the tools, agree to release and indemnify and hold harmless Eco Tool Library, Eco Thrift, its owners, directors, officers, agents, and employees from any and all liability, loss, claims, demands, actions, or causes of actions for the death or injury to any persons, and for any damages to property suffered or incurred by myself or any person which arises, or may arise, or be associated in any way from the transport, loading, unloading, and use of the tools I am borrowing from the Tool Library, including, but not limited to, any claims for faulty or defective equipment or maintenance, or any negligence of the Tool Library but specifically excluding claims for gross negligence and willful misconduct by the Tool Library.
I affirm that I have read and fully understand the Waiver and Indemnification Agreement and the Lending Policy Agreement I signed as a condition of becoming a Member of Eco Tool Library, and I understand that failure to comply with any of the requirements of the Lending Policy Agreement may result in revocation of my borrowing privileges and/or legal action against me.
