NE Seattle Tool Library

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 the advice of a qualified medical professional regarding my use of the Equipment before doing so. Furthermore, I shall not use the Equipment if I am pregnant or may be pregnant unless a qualified medical professional approves such use. My failure to seek advice and approval of a qualify medical professional before using the Equipment 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 I or my heirs 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

I authorize the Organization to secure, and I consent to, any medical treatment that may be given to me should the Organization determine, in its sole and absolute discretion, that I need medical 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 safety and condition of the Equipment. 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.

PDF Version Here.

1. Members must be age 18 or over to borrow tools from The NE Seattle Tool Library (“Library”).
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 confirmed by a Tool Library volunteer or member of the staff. Becoming a member includes the completion of the Membership Application form and verification of the Member’s identity. Verification of the Member’s identity is accomplished by presenting a valid government-issued photo ID or, if unavailable, a second form of identification that includes a current address.
3. Library staff may be available to assist in explaining operation of tools. However, by taking possession of any item, the Member is certifying that he or she is capable of using that item in a safe and proper manner.
4. Only the Member is authorized to use Library tools. The Member shall not permit the use of items checked out to him or her by any other person unless by the express permission of the Library.
5. Members will not specifically be charged for borrowing any tool, but will be advised as to the suggested donation for the tools that they are borrowing.
6. All tool rentals are for one week, unless stated otherwise.
7. All tools borrowed are to be returned to the Library by close of business on their due date. Tools may be returned only during the Library’s open hours as posted on our website (neseattletoollibrary.org).
8. Members may renew each tool twice if (a) the Member contacts the Library on or before the day that the tool is due, and (b) no other Member has requested the tool. The Library reserves the right to refuse or limit renewals and will do so based on demand. Select tools cannot be renewed and are labeled and posted as such.
9. If a tool is returned late, the Member will be responsible for late fees, as posted. Late fees are capped at the full replacement cost of the tool plus a $5 administrative fee per tool. 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.
10. 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.
11. Members can request to be placed on a wait list for items currently checked out. Tool Library staff, volunteers, or automated response will notify members when the wait listed tool is available. Select tools may be reserved for future dates. These tools are labeled as such online. Tools may be reserved at the discretion of the Library for community events and service projects. All reservations must be confirmed by a Tool Library staff member or volunteer to be considered active.
12. The Member agrees that the Library is not responsible for any manufacturing defects in quality of workmanship or materials inherent in any borrowed tools.
13. 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, if not earlier.
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 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.
15. The Library reserves the right to refuse the loan of any item at its discretion.
16. I affirm that the information that I have provided on the Membership Application is current, true, and correct. I understand that this information may be subject to verification.
17. I further state that I have read and fully understand the rules and regulations of the NE Seattle Tool Library, 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 NE Seattle Tool Library and Sustainable NE Seattle.