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Tool Borrowing Policy
Liability Waiver

Tool Borrowing Policy

MEMBERSHIP

Persons desiring membership (“Members”) in the Halifax Tool Library (“HTL”) will:

complete a waiver and release of liability (“Waiver”) in favour of HTL;
agree to the terms of this Lending Policy (the “Policy”);
agree to the terms of the privacy policy; and,
pay the required membership dues (“Dues”) associated with their desired level of membership.

Provided the above criteria are met, Members are then accepted in the sole discretion of the HTL and a membership card shall be issued evidencing such membership or such member shall be added to the records of HTL as a Member.

In consideration of their Dues, Members will receive the right to borrow Tools (as hereinafter defined) in accordance with the Policy and Waiver for so long as their membership is valid and not revoked.
Persons under 18 years of age who desire membership in the HTL must have an adult provide the Waiver on their behalf.
All borrowed Tools must be returned before the date of expiry of a membership.
Membership may be renewed by submitting to HTL the appropriate Dues for the desired level of membership before the date of membership expiry and, if required, completing an updated Waiver and agreement to the Policy. Renewal is complete upon decision of HTL.
If renewal or membership is denied, any payments made for the desired renewal or membership will be returned by HTL to the applicant.
HTL may terminate any membership if in its sole discretion, the terms hereof, or any other policy of HTL have been breached, or if the continuance of the membership poses unacceptable risk to the HTL in its sole discretion.

BORROWING REQUIREMENTS

Only Members may borrow and use tools (“Tools”) from HTL.
Only Members are authorized to use the Tools. Members shall not allow non-members to use any Tools.
Members must return Tools by their due date or the Member will be subject to a late fee.
If damage occurs to a Tool, the member who signed out the Tool will be responsible for repair costs or replacement regardless of how damage occurred.
The Tools in our library may not be used for trade, business, rental or commercial purposes unless agreed by HTL.
HTL reserves the right to require any Member to provide a valid credit card prior to borrowing any Tools and Members agree that HTL may place a hold on such credit card or place any Fees (as defined herein) on the credit card and this is the HTLS’s lawful authority for so doing.
The Member agrees to promptly update the credit card information in the event that it changes.
You agree that the HTL shall retain all rights to ownership and title to the Tools. You also agree that no ownership or title to the Tools is transferred to the Member and Member will not act nor permit anyone to act inconsistent with the HTL’s ownership and title to the equipment.
Subleasing, rental or loan of the Tools to another party is strictly prohibited.
You agree that no warranties, express or implied including merchantability or fitness for a particular purpose are made by HTL for any Tool.

LATE FEES AND OTHER FEES

HTL may charge the following types of fees to members in amounts set by the board of HTL from time to time (collectively, “Fees”):

damage fees up to the full replacement cost of the latest version of any damaged Tool bought at retail if in HTL’s discretion a borrowed Tool sustained damage in excess of ordinary wear and tear;
cleaning fees for any borrowed Tool returned in soiled or dirty condition;
late fees if a borrowed Tool is returned late capped at the full replacement cost of the latest version of such Tool bought at retail price;
replacement fees for severely delinquent borrowed Tools (30 days), capped at the full replacement cost of the latest version of such Tool bought at retail price;
fees involved with HTL taking security in any Tools prior to rental or for interest owing to HTL on any other fees;
administrative fees for any action of HTL’s staff in furtherance of applying its policies, or collecting other Fees; and,
consumables fees for consumables including but not limited to: batteries, fasteners, blades, etc.

Fees may change without notice to members at the discretion of HTL.
Tools may be borrowed for a period up to 1-week subject to extension or renewal at the sole discretion of HTL.
Tools may be renewed by email at info@halifaxtoollibrary.ca
Any Tools renewed by email will not be considered late if the email sent to renew them is received by HTL prior t 11:59 PM Atlantic Time on the date the Tools are due.
All Tools borrowed are to be returned to the HTL by close of business on the date the Tools are due. Tools may only be returned during HTL’s open hours.
Members agree that any Fees levied on the member in accordance with this policy may be charged to any credit card of the member on file with the HTL without further consent or authorization. Member also authorizes HTL to put a hold on any credit card on record with the HTL in furtherance of this policy.
Fees must be paid in full before borrowing additional items.
HTL reserves the right to forgive any Fees due to special circumstances in its sole discretion.
HTL reserves the right to use all available actions permitted by law to retrieve delinquent Tools or unpaid Fees (“Collection Actions”), including:

Retaking the Tools at any time to protect its ownership of the equipment and its interest under this agreement; and/or
securing the reasonable value of the Tools at the beginning of the rental period or the use of a collection agency, and/or legal action to enforce the HTL’s rights.
Member agrees to indemnify, hold harmless and repay all expenses related to Collection Actions incurred by HTL. In such an event, the member shall reimburse the HTL for all costs incurred, including without limitation, reasonable legal fees.
Member acknowledges that the failure to return Tools within the contracted time and the sale or concealment of the Tools are prohibited and that such action may constitute a crime. HTL may notify authorities or take other action including the filing of criminal complaints subjecting you to possible criminal prosecution. You acknowledge that the HTL is entitled to take any or all of the actions specified in this section without recourse or advanced notice

DAMAGED OR LOST TOOLS

The Member agrees that the HTL is not responsible for any manufacturing, material, or quality of workmanship defects of borrowed Tools including any failure of HTL to conduct routine maintenance on any Tools.
By borrowing any Tool, the Member is certifying and representing to HTL that they are knowledgeable as to the correct method to use the Tool, capable of using the Tool in a safe manner, and will only use the Tool for its intended purpose.
The Member agrees that if any Tool becomes unsafe while in their possession, they will immediately discontinue use of the Tool and notify the HTL of the issue on return, if not earlier.
All Tools must be returned clean.
All Tools are to be returned in the same condition as they were issued.
The Member agrees to pay for the loss of or damage to any Tool and further agrees to accept HTL’s assessment of condition of Tools and 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 Tool plus a $5 administrative fee.

RIGHTS OF HTL

HTL will not accept reservations or waitlists for Tools in advance of the day of desired rental. Tools are generally signed out on a first-come, first-served basis.
HTL reserves the right to refuse the loan of any item at its discretion.
HTL reserves the right to alter the terms and conditions of the Tool Use and Borrowing Policy at any point.
HTL reserves the right to alter the terms and conditions of the Membership at any point.

Liability Waiver

Waiver & Release of Liability for the Halifax Tool Library Society

In return for Halifax Tool Library Society ("HTL") allowing me to borrow tools (“Borrowed Tools”) and use its workshop space (the "Facilities") and/or to participate in the programs, classes, use of the Facilities or Borrowed Tools, and other services (the "Activities") offered by HTL or third-parties the undersigned, or if the undersigned is under age 18 (a “Youth Participant”), the undersigned, on behalf of both the Youth Participant and in their capacity as guardian to the Youth Participant (“I”, “my” or the “Signee”) agree to all the terms and conditions set forth in this agreement.

I understand that if I am signing for a youth Participant, that I, as the signee must ensure they meet all the obligations allocated to a Signee in this agreement and warrant to the Releasees (as defined herein) that I have ensured any Youth Participant I am signing for, will follow the terms hereof.

I agree that I am undertaking the Activities entirely at my own risk.

I understand that woodworking, including hand and power tool use, is a dangerous activity and that there is risk of injury, including severe personal injury, even death, arising from these activities. I agree to never use, use power tools while inebriated, and warrant to HTL that I, have proper training for use of all Borrowed Tools I borrow, or tools I use in the Facilities. I am qualified, in good health, and in proper physical condition to participate in the Activities. I also agree that if at any time I believe conditions to be unsafe while participating in the Activities, I will immediately discontinue participation in the Activity. I have familiarized myself with the safety equipment and procedures with respect to the Activities and agree to follow all safety procedures recommended by HTL. I agree that the Releasees (as defined herein) are not liable for the quality, stability or successful outcome of any project I undertake with Borrowed Tools or in the Facilities. I assume all responsibility for my project, made on or off the HTL premises whether with the assistance or guidance of volunteers or employees of HTL and/or using Borrowed Tools or the Facilities.

I agree to participate in any Activities in accordance with instruction and policies of HTL and follow any direction from HTL while using the Facilities.

I agree that although I may be in the presence of skilled and trained professionals or following the direction of HTL staff, I am voluntarily using the Facilities and participating in the Activities and I assume all risks of injury, illness, death, or loss or damage of my personal property.

I HEREBY EXPRESSLY WAIVE AND RELEASE ANY AND ALL CLAIMS which I have or may have in the future against HTL and its employees, agents, officers, directors, affiliates, successors and assigns (collectively, the "Releasees") arising out of, or connected in any way to my use of the Facilities or participation in the Activities, due to any cause whatsoever INCLUDING, WITHOUT LIMITATION, NEGLIGENCE, BREACH OF CONTRACT, OR BREACH OF ANY STATUTORY OR OTHER DUTY OF CARE, INCLUDING ANY DUTY OF CARE OWED UNDER THE OCCUPIERS’ LIABILITY ACT on the part of the Releasees. I agree not to make or bring any such claim against HTL or any other Releasee or assign such claim to another party.

I AGREE TO HOLD THE RELEASEES HARMLESS FROM AND TO REIMBURSE (INDEMNIFY) THEM FOR any and all liability for any property damage or personal injury suffered by anyone, arising from, or connected in any way to my use of the Facilities or participation in the Activities on or off of the HTL premises.

I further agree that if a court of law finds any part of this agreement to be against public policy or in violation of any statute or legal precedent, the remainder of this document will remain in full force.

This agreement will be legally binding on my heirs, next of kin, executors, administrators and assigns, in the event of my death.

RELEASEES DISCLAIM ALL WARRANTIES AND CONDITIONS, WHETHER EXPRESS OR IMPLIED, IN CONNECTION WITH THE ACTIVITIES. RELEASEES DO NOT WARRANT THAT THE ACTIVITIES OR BORROWED TOOLS WILL BE FIT FOR ANY PARTICULAR PURPOSE, THAT THEY WILL BE DELIVERED TO ANY PARTICULAR STANDARD, OR THAT THEY WILL HAVE THE SAME RESULTS FOR EVERYONE. RELEASEES MAKE NO WARRANTIES AS TO THE FITNESS OR QUALIFICATIONS OF ANY HTL VOLUNTEERS OR EMPLOYEES.

REGARDLESS OF THE CIRCUMSTANCES, THE MAXIMUM TOTAL LIABILITY OF THE RELEASEES TO THE SIGNEE (OR ANYONE CLAIMING THROUGH THE SIGNEE) ARISING OUT OF OR RELATED TO THE ACTIVITIES SHALL BE LIMITED TO THE TOTAL AMOUNT PAID BY THE SIGNEE TO HTL FOR THE ACTIVITIES. SOME PLACES MAY HAVE LAWS PREVENTING THE EXCLUSION OR LIMITATION OF CERTAIN TYPES OF DAMAGES. IF THOSE LAWS APPLY TO THE SIGNEE OR ANY OF THE ACTIVITIES, RELEASEES STILL RELIES ON THE MAXIMUM EXCLUSION OR LIMITATION AVAILABLE IN THOSE PLACES.

This Agreement is governed by the laws of the Province of Nova Scotia (Canada) and any federal laws of Canada applicable in the Province of Nova Scotia, without regard for conflicts of laws principles. The Courts of the Province of Nova Scotia shall have the sole and exclusive jurisdiction in any matters related to or arising out of this Agreement. I agree to submit to this jurisdiction and to not contest it for any reason. I agree that the Activities are deemed to be provided in the Province of Nova Scotia. This Agreement will be interpreted without regard to any presumption or rule requiring construction or interpretation against the party drafting an instrument or causing any instrument to be drafted. If any part of this Agreement is found to be invalid or unenforceable, that part shall be deemed to be severable and deleted without affecting the remaining terms and conditions of this Agreement; if so, all of the remaining parts of this Agreement shall remain in full force and effect.

I HAVE READ AND UNDERSTOOD THIS AGREEMENT PRIOR TO SIGNING IT, AND I AM AWARE THAT BY SIGNING THIS AGREEMENT, I AM GIVING UP CERTAIN RIGHTS WHICH I OR MY HEIRS, NEXT OF KIN, EXECUTORS, ADMINISTRATORS AND ASSIGNS MAY HAVE.

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