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LIABILITY WAIVER READ CAREFULLY. THIS AGREEMENT INCLUDES A RELEASE OF LIABILITY AND WAIVER OF LEGAL RIGHTS AND DEPRIVES YOU OF THE RIGHT TO SUE THE TACOMA TOOL LIBRARY AND OTHER PARTIES. DO NOT SIGN THIS AGREEMENT UNLESS YOU HAVE READ IT CAREFULLY IN ITS ENTIRETY. SEEK THE ADVICE OF LEGAL COUNSEL IF YOU ARE UNSURE OF ITS EFFECT.
1. Voluntary and Qualified Participation.
I acknowledge that I have voluntarily chosen to borrow and/or use tools from the Tacoma Tool Library (“TTL”), that I am capable and experienced in using the tools I am borrowing and/or using, and that I, and only I, will use the tools for their intended or reasonably foreseeable uses with the reasonable care of one who is experienced in their use.
2. Assumption of Risk.
I am fully aware that there are risks involved and hazards connected with borrowing and/or using the tools furnished by TTL. I am borrowing and/or using the tools with full knowledge that it may be hazardous to me and/or my property. I voluntarily accept all associated risks with borrowing and/or using the tools and assume full responsibility for any risks of loss, property damage and/or personal injury, including, without limitation, serious bodily injury, permanent disability, paralysis and death that may be sustained by me or a third party, or any loss or damage to property owned by me or a third party, exposure to extreme conditions and circumstances, accidents, illness, dangers arising from the use of the tools, whether caused by the Released Parties’ negligence or otherwise.
I hereby release, waive, discharge and covenant not to sue TTL and Zero Waste Washington, and all their respective officers, directors, agents, servants, or employees (the “Released Parties”) from any and all liability, claims, demands, actions and causes of action whatsoever arising out of or related to any loss, damage, or injury, including death, that may be sustained by me, any third party, or any of my property, whether caused by the negligence of the Released Parties or otherwise, while borrowing and/or using the tools furnished by TTL. I acknowledge that Zero Waste Washington only provides certain financial services to TTL and does not control TTL or otherwise participate in its operations.
4. No Representations.
The released parties make no representations or guarantees as to the condition of the tools, the safety of their use, or the fitness of any tool for any particular use. I agree that it is my responsibility to determine whether I am sufficiently fit and healthy enough to use the tools furnished by TTL.
I further hereby agree to indemnify and hold harmless the Released Parties from any loss, liability, damage or costs, including, without limitation, court costs and attorney and expert fees, that they may incur for any injury to me or my property while borrowing and/or using the tools furnished by TTL.
6. Binding Waiver.
I understand that this waiver binds the members of my family and spouse (if any), and my heirs, assigns, next of kin, and personal representative (if applicable), for whom, through this instrument, I am releasing, waiving, discharging and covenanting not to sue the Released Parties. This waiver shall be construed in accordance with the laws of the State of Washington without regard to its principles of conflicts of laws.
7. Knowing and Voluntary Execution.
In signing this agreement, I acknowledge and represent that I have carefully read it, I understand its contents, and I am signing it voluntarily as my own free act and deed. I am not relying on any oral representations, statements, or inducements not included in this agreement. I am at least 18 years old and fully competent to execute this agreement. I execute this agreement fully intending to be bound by its terms.
I affirm that I have read and fully understand the policy for using and borrowing tools from Tacoma Tool Library, and I understand that failure to comply with any of these policies may result in revocation of my borrowing privileges and/or legal action against me.
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