In consideration for borrowing and using items (the “Equipment”) from the Northeast Seattle Tool Library, part of Sustainable Northeast Seattle (altogether, the “Organization”), I hereby agree as follows in this release and waiver of liability agreement (the “Agreement”):
1. Responsible for Equipment
I am responsible for the proper use and care of the Equipment when checked out to me. I may use the Equipment on or off the Organization’s property.
I shall be liable for the full replacement cost of any Equipment that is damaged, destroyed or lost while in my care, regardless of fault. The Equipment shall be deemed in my care until the Organization confirms the Equipment has been returned.
Only individuals 18 years or older may use the Equipment.
I am responsible for any injuries or harm caused by people using Equipment borrowed under my name. I am responsible for friends and family members who I permit to check out Equipment under my name and any injuries they may cause or suffer. The Organization shall presume any friend or family member checking out Equipment under my name has been permitted to do so by me.
2. Assumption of Risk
2.1. Dangerous Activity
Using the Equipment may be dangerous and may involve the risk that I sustain serious injury, temporary or permanent disability, death and property damage. Such injuries may also include, but are not limited to, physical or psychological injury, pain, suffering, illness, disfigurement, temporary or permanent disability (including paralysis), economic or emotional loss and death.
2.2. No Claim of Expertise
No employee, member, volunteer, board member, partner or affiliate of the Organization claims expertise regarding the Equipment, regardless of whether any such person discusses the use of any of the Equipment with me.
2.3. Use of Equipment Unsupervised
The Organization shall not supervise my use of the Equipment, and the Organization does not provide medical services.
Any injury I may sustain while using the Equipment may be compounded by negligent or delayed medical service.
2.4. Seek Medical Approval
I shall seek a qualified medical professional’s advice regarding participating in the Activity before I participate. Furthermore, I shall not participate in the Activity if I am pregnant or may be pregnant unless a qualified medical professional approves my participation in the Activity. My failure to seek advice and approval of a qualified medical professional before participating in the Activity could lead to my permanent disability or death, or my unborn child’s permanent disability or death.
2.5. Examples Scenarios that Could Cause Injury
By way of example, and not limitation, injuries resulting from my use of the Equipment may result from the following scenarios:
(a) Failing to follow instructions provided by the Organization staff;
(b) My use of the Equipment provided by the Organization, which may malfunction or break;
(c) My misuse or modification of the Equipment provided by the Organization;
(d) The Organization’s improper maintenance of the Equipment;
(e) The Organization’s negligent instruction or supervision, including, but not limited to, instruction and coaching;
(f) My use of the Equipment against the advice of, or without seeking prior consultation from, a qualified medical professional.
2.6. Assumption of Risk
I VOLUNTARILY AND FREELY ASSUME ALL RISKS AND DANGERS THAT MAY OCCUR PURSUANT TO MY USE OF THE EQUIPMENT, INCLUDING THE RISK OF INJURY, DEATH OR PROPERTY DAMAGE, EVEN IF CAUSED BY THE ORGANIZATION’S NEGLIGENCE.
FURTHERMORE, I VOLUNTARILY AND FREELY ASSUME ALL RISKS AND DANGERS THAT MAY OCCUR PURSUANT TO MY PERMITTING FRIENDS OR FAMILY MEMBERS TO USE EQUIPMENT UNDER MY NAME.
3. Release from Liability
I hereby agree, on behalf of myself, my heirs and my personal representatives, to fully and forever discharge and release the Organization and its affiliates, and their respective partners, agents, operators, managers, employees, volunteers and representatives (altogether, including the Organization, the “Released Parties”) from any and all claims I may have or hereinafter have for any injury, temporary or permanent disability, death, damages, liabilities, expenses and/or causes of action, now known or hereinafter known in any jurisdiction in the world, attributable or relating in any manner to my use of the Equipment or my presence on the Organization’s property in relation to borrowing or using the Equipment, whether caused by the negligence of the Organization or any of the Released Parties or by any other reason.
I acknowledge and agree that this Release and Waiver of Liability for a potentially dangerous activity is intended to be, and is, a complete release, as much as allowed by law, of any responsibility of the Released Parties for all personal injuries, temporary or permanent disability, death and/or property damage sustained by me while using the Equipment.
4. Covenant Not to Sue
I agree, for myself and all my heirs, not to sue the Released Parties or initiate or assist in the prosecution of any claim for damages or cause of action against the Released Parties which my heirs or I may have because of any personal injury, death or property damage I may sustain while using the Equipment.
5. Indemnification
I shall defend, indemnify and hold harmless the Released Parties from and against any third-party losses, damages, actions, suits, claims, judgments, settlements, awards, interest, penalties, expenses (including reasonable attorneys' fees) and costs of any kind for any personal injury, loss of life or damage to property sustained by reason of or arising out of my use of Equipment, or the use of Equipment checked out under my name.
6. Medical Treatment Release
The Organization may secure any medical treatment for me should the Organization determine I such care because of my use of the Equipment on the Organization’s property. I accept full responsibility for all costs related to my medical treatment, including any transport costs, and I release the Released Parties from any liability related to my treatment or transport.
7. Responsibility for Personal Property
I am fully responsible for property and personal belongings that I use while using the Equipment. The Organization is not responsible for my property and personal belongings.
8. No Representations by the Organization
The Organization makes no representation as to the Equipment’s safety and condition. I shall use the Equipment supplied by the Organization in its "AS IS" condition. I am not relying upon any representation or statement by the Organization or the Organization's employees, agents, sponsors or representatives regarding this Agreement or the Equipment, except to the extent such representations are expressly set forth in this Agreement.
9. Mediation
Except as otherwise provided in this Agreement or applicable law, any controversy between the parties to this Agreement and arising out of this Agreement must first be submitted to mediation before any party to this Agreement may seek relief through litigation.
10. Governing Law
This Agreement shall be governed by and interpreted in accordance with the laws of Washington State, without giving effect to the principles of conflicts of law of such state. I agree that any action arising out of this Agreement shall be brought exclusively in state court located in King County, Washington.
11. Waiver
No waiver of this Agreement shall be effective unless in writing and signed by an authorized representative of the waiving party. The failure of the Organization to enforce any provision of this Agreement shall not be construed as a waiver or modification of such provision, or impairment of its right to enforce such provision or any other provision of this Agreement thereafter.
12. Survival
If any portion of this Agreement shall be held by a court of competent jurisdiction to be illegal, invalid or unenforceable, the remaining portions shall remain in full force and effect.
13. Entire Agreement
This Agreement is the entire agreement between the Organization and me with respect to the subject matter hereof and supersedes any prior agreement or communications between us, whether written, oral, electronic or otherwise.
14. Modification
No change, modification, amendment or addition of or to this Agreement shall be valid unless in writing and signed by authorized representatives of the Organization or mine.
15. Binding Effect
This Agreement shall be binding upon and inure to the benefit of the successors, assigns, and legal representatives of the Organization and me.
Signature
I acknowledge that I have read and understand this Agreement and its contents. I voluntarily and knowingly agree to the Agreements’ terms and conditions. In signing this Agreement, I give up substantial rights, including my right to sue and certain legal rights my heirs and personal representatives may have against any Released Party.