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WAIVER & INDEMNIFICATION FORM
WAIVER & INDEMNIFICATION
I, the undersigned, state that I am capable and experienced in using the equipment I am borrowing, and that I will use the equipment I am borrowing in a proper manner.
I, the undersigned, do hereby for myself, on behalf of my successors , heirs and assigns, in consideration of being permitted to borrow equipment, such consideration I agree is sufficient, waive any and all claims against the Kits Thingery Co-operative and Thingery Sharing Inc, its partners, directors, officers, agents, members, volunteers and employees (“Indemnitees”) for any injury or injuries of any nature that I may suffer or incur in the use of the equipment that I am borrowing from the Thingery.
I, the undersigned, hereby for myself, on behalf of my successors and assigns, in consideration of being permitted to borrow equipment, agree to release and indemnifyand hold harmless the Indemnitees from any and all liability, loss, claims, and demands, actions or causes of action for in relation to a breach of the Rules and Borrowing Policy, the death or injury to any persons, and for any property damage suffered or incurred by any person, which arises or may arise or be occasioned in any way from the use of equipment I am borrowing from the Kits Thingery Co-operative and Thingery Sharing Inc, whether those damages or injuries are caused by myself or a third party. I am aware that the Indemnitees claim no expertise and make no representation concerning the fitness of any equipment for any particular use.
I state that I have read and fully understand the Rules and Borrowing Policy of the Kits Thingery Co-operative and Thingery Sharing Inc 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 this Waiver and Indemnification form, relinquishing any and all claims against the Indemnitees.
RULES & BORROWING POLICIES
1. Members must be 18 years of age or older to borrow equipment from the Thingery.
2. All Members must read and sign the Thingery Waiver and Indemnification Form.
3. Only Members are authorized to borrow equipment from the Thingery. Members shall not permit the use of Thingery items by non-Members, unless the non-Member is accompanied and supervised at all times by the borrowing Member. Members are liable for non-Members they accompany and supervise in using equipment, and responsible for their adhering to the Rules & Borrowing Policies.
4. Additionally, members are not permitted to share their access code with anyone. A member will be charged $50 violation fee for the first instance of a member access code misuse and any subsequent misuse may be subject to member suspension.
5. Prior to borrowing equipment, all Members must provide one (1) piece of Federal or Provincial government-issued photo identification (such as a BC Driver's Licence) and a valid credit card.
6. Borrowed equipment may be borrowed for a period of up to 10 days. The Thingery charges a daily usage fee for all equipment borrowed. These fees are displayed in the Thingery container and on our website. Fees are subject to change.
7. All equipment borrowed is to be returned to the Thingery location from which they were borrowed by the close of business on their due date. Equipment may only be returned during the Thingery’s hours of operation.
8. If a piece of equipment is returned late, the Member will be charged a daily late fee equal to double the daily usage fee. Late fees are capped at the full replacement cost of the piece of equipment plus a $25 administrative fee per item. Late fees are subject to change.
9. The Thingery may replace severely delinquent equipment, holding the user responsible for the full replacement cost plus a $25 administrative fee. Fines must be paid in full before borrowing additional items.
10. The Thingery reserves the right to use appropriate steps to retrieve delinquent equipment or unpaid fines and fees, including the use of a collection agency and/or legal action and assess the delinquent user with the cost of any such action. The Thingery also reserves the right to forgive fees due to special circumstances.
11. The user agrees that the Thingery is not responsible for any manufacturing, material, or quality of workmanship defects of borrowed equipment.
12. By taking possession of any item, the user is certifying that they are capable of using that item in a safe and proper manner.
13. The user agrees that they will not use any borrowed equipment or items while under the under the influence of alcohol or drugs (whether illicit, or contrary to supplier’s, manufacturer’s, or physician’s recommendations with regard to use, dosage, and prohibited activities).
14. The user agrees that they will not use any borrowed equipment in any way that is contrary to applicable laws and will at all times while in possession of borrowed equipment adhere to applicable laws.
15. The user agrees that if any borrowed equipment becomes unsafe or enters a state of disrepair, the user must immediately discontinue use of the equipment and notify the Thingery of the issue on return, if not earlier.
16. All equipment is to be returned in the same condition as they were issued, barring normal wear and tear. All equipment must be returned clean. The Member agrees to pay for the loss of or damage to any item and further agrees to accept the Thingery’s assessment of condition of items and to further agree to the Thingery’s assessment of fair restitution for damage, dirtiness, delinquency, and/or loss of items in part or in total. This restitution amount may equal the full replacement cost of the item plus a $25 administrative fee.
17. The Thingery reserves the right to refuse the loan of any item at its discretion.
18. The Thingery reserves the right to alter the lending policy at any time. The current Rules & Borrowing Policies will be displayed and available in print at the Thingery during normal hours of operation.
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