Tacoma Tool Library

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. 

3. Release. I hereby release, waive, discharge and covenant not to sue TTL 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. 

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.

5. Indemnification. 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.

1. Members must be 18 years of age or older to borrow tools. 

2. By taking possession of a tool, Members are certifying that they are capable of using that tool in a safe and proper manner. 

3. Each individual Member may only check out up to 5 power tools at a time. 

4. The Member agrees that Tacoma Tool Library is not responsible for any manufacturing, material or quality of workmanship defects of borrowed tools. 

5. 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 Tacoma Tool Library of the issue on return, if not earlier.

6. Only the Member is authorized to use the library tools. The Member shall not permit the use of items checked out to him or her by any other person. If a borrowed tool is used by someone other than the Member and damage occurs, the Member who borrowed the tool will be held responsible for repair costs or replacement.

7. All tools borrowed are to be returned to Tacoma Tool Library by close of business on their due date and may only be returned during tool lending open hours. Tools may be borrowed for 14 days. Electric garden tools for 7 days.

8. If a tool is returned late, the Member will be charged a late fee of $2 per tool per day for power tools, and $1 per tool per day for hand tools. Tools with a value of over $200 will have a late fee of $5 per day per tool. Late fees are capped at the full replacement cost of the tool. 

9. If a Member has not returned a tool within 30 days of such tool’s due date, Tacoma Tool Library may replace the tool and hold the Member responsible for the full replacement cost plus a $5 admin fee. 

10. Tacoma Tool 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 assess the delinquent Member with the cost of any such action. Tacoma Tool Library also reserves the right to forgive fines and/or fees due to special circumstances. 

11. Fines and late fees must be paid in full before borrowing additional tools. 

12. Members may renew each tool once. Tacoma Tool Library reserves the right to refuse or limit renewals and will do so based on demand. 

13.  All tools are to be returned in the same 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, to accept Tacoma Tool Library’s assessment of condition of items, and to agree to the Library’s assessment of fair restitution for damage, dirtiness, delinquency and/or loss of items in part or in total. This restitution amount could equal the full replacement cost of the item plus a $5 administrative fee. 

14. Tacoma Tool Library reserves the right to refuse the loan of any item at its discretion.

15. Tacoma Tool Library reserves the right to alter the tool policy at any point. 

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.