Circular Dorking Library of Things (LoT):
Equipment Hiring Agreement
Overview
The Circular Dorking Library of Things is a joint undertaking between the Circular Dorking community group and Dorking Library (part of Surrey Library Services). The Circular Dorking Library of Things aims to make Items available for loan at no cost, but does actively encourage donations from those able to pay to cover running costs, repairs and replacements.
If you have any questions concerning the Circular Dorking Library of Things or this Equipment Hiring Agreement please contact us at: membership@circulardorking.org.uk
Definitions
The following terms have the following meanings:
o Circular Dorking is a local community group.
o Circular Dorking Library of Things means Circular Dorking when it loans Items.
o LoT means Library of Things.
o “CDLoT” means Circular Dorking Library of Things.
o “SLS” means Surrey Library Service.
o “DLSLS” means Dorking Library, part of Surrey Library Service.
o “Item(s)”: any piece of equipment or thing stocked and in accordance with this Item Hiring/Borrowing Agreement.
o “Member”: a member of Circular Dorking Library of Things who is borrowing an item from the Circular Dorking Library of Things.
- “Website”: means the Circular Dorking Library of Things website provided by IT platform provider: MyTurn.com through which Members can search for and reserve Items.
1. Agreement and Liability Waiver for Member
By borrowing from the Circular Dorking Library of Things, the Member is agreeing to the following statements. PLEASE READ THIS CAREFULLY BEFORE BORROWING ANY ITEMS, THIS AGREEMENT APPLIES EVERY TIME YOU BORROW AN ITEM.
1.1 I am capable and experienced in using the Items I am borrowing and I will use the Items I am borrowing in a proper and safe manner with all relevant safety equipment. I am aware that Circular Dorking, including Circular Dorking Library of Things, Surrey Library Services, its partners, directors, officers, members, employees, agents, and volunteers claim no expertise and make no representation concerning the fitness of any Item for any particular use.
1.2 I do hereby, for myself, on behalf of my successors and assigns, waive any and all claims against Circular Dorking, including Circular Dorking Library of Things, Surrey Library Services, its partners, directors, officers, members, employees, agents, and volunteers for any injury or injuries of any nature that I may suffer or incur in the use of the Item that I am borrowing from Circular Dorking Library of Things except those caused by a defect known to Circular Dorking Library of Things which is not made known to me and that would not be apparent to a general member of the public with capacity to use the Item.
1.3 I release, indemnify, and hold harmless Circular Dorking, including Circular Dorking Library of Things, Surrey Library Services, its officers, agents, employees and volunteers from any and all liability, loss, claims, and demands, actions or causes of action for 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 Items I am borrowing from Circular Dorking Library of Things.
1.4 I have read and fully understand this Equipment Hire Agreement 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.
1.5 I affirm that the information that I have provided on the Circular Dorking Library of Things membership registration form is current, true, and correct. I understand that this information may be subject to verification.
1.6 I understand that Dorking Library, part of Surrey Library Services, only provide ‘front of house services’ for the Circular Dorking Library of Things and take no responsibility for the checking, testing, maintenance or repair of any Items in the Circular Dorking Library of Things.
By reserving an Item from Circular Dorking Library of Things, the Member acknowledges that they have read and agree to this Equipment Hire Agreement.
Terms and Conditions
2. General
2.1 In order to join the CDLoT, and prior to borrowing each Item, Members must agree to the this Equipment Hiring Agreement.
2.2 You have to be a Member of the Circular Dorking Library of Things to borrow items from the CDLoT.
2.3 Members must be age of eighteen (18) years old or over to borrow items from the CDLoT (hereafter “Item/s”); Members must be able to provide proof of age upon request.
3. Reserving Items
3.1 Items may be reserved via CDLoT website (“the website”); the website address is: https://circulardorking.myturn.com/library/.
3.2 Reserved Items will only be held for one week.
3.3 All reservations must be confirmed by the CDLoT to be effective and active.
4. Borrowing and Using Items
4.1 Members will not specifically be charged for borrowing any Item, but will be advised if there is a suggested optional donation for the Items that they are borrowing.
4.2 When collecting an Item the Member must check the Item visually before they take it, including any visible wires and plug/s for any damage.
4.3 By taking possession of any Item, the Member is certifying they are experienced and capable of using that Item in a safe and proper manner.
4.4 The Member shall ensure that they are adequately insured for the use of the Item.
4.5 The Member shall use the Item for their own personal use and shall not use the Item for any business / commercial purpose.
4.6 Only the Member borrowing the item is authorised to use the CDLoT item.
4.7 The Member shall not permit the use of items issued to him / her by any other person.
4.8 The Member shall use, transport, clean and store the Item in accordance with any manufacture instructions and any instructions issued by the CDLoT and standard reasonable practices.
4.9 The Member shall not use, operate or transport the Item under the influence of alcohol, drugs and / or any prescribed medication that impairs their functioning.
4.10 The Member should read the Instruction Manual (where applicable) before using the Item. The Member agrees and acknowledges that CDLoT is not the author of, nor is it responsible for, the content, completeness, or accuracy of any such manual and the Member must satisfy themselves that they are capable of using the Item in a safe and appropriate manner.
4.11 The Member shall provide and ensure they utilise / wear any protective equipment and/or personal protective clothing (including eye protection) as necessary or as is recommended in the Instruction Manual and/or by the CDLoT instructions when using the Item.
4.12 Each time the Member uses an Item, the Member must check the Item visually and make other checks for any faults that they may be able to identify before using it, including any checking visible wires and plug/s for any damage.
4.13 For electrical items, the Member may only use the Item outside or near water if the Item is intended for such purposes. Where CDLoT provides a residual current protection circuit breaker for the Item, the Member must use the circuit breaker provided when using the Item.
4.14 The Member agrees that if any borrowed Item becomes unsafe or in a state of disrepair, they must immediately discontinue use of the Item and notify the CDLoT of the issue upon return, if not earlier.
4.15 The Member agrees that the CDLoT is not responsible for any manufacturing
defects in quality of workmanship or materials inherent in any borrowed items.
4.16 The CDLoT and/or DLSLS reserves the right to refuse the loan of any item at its discretion.
5. Returning Items
5.1 All Items are to be returned clean and in good working order.
5.2 The CDLoT will assess the condition of all Items issued to a Member upon their return.
5.3 If the CDLoT (following the assessment) considers the Item to be damaged, unclean, defective and/or unsafe for further use as a result of the Member's incorrect, negligent, mishandling or mistreatment of the Item, the CDLoT reserves the right to issue a restoration fine to the member (see below).
5.4 All Items borrowed are to be returned to DLSLS on, or before, their due date and during open hours only.
5.5 Items are borrowed for one week only.
5.6 The CDLoT reserves the right to make an exception to this one week borrowing policy where Items are required for large, community events. No exceptions will be made for individual lending.
6. Renewing a Loan
6.1 Members may renew their loan of an Item, on or before the day of return, via the Website if no other Member has reserved the Item.
6.2 A Member may renew an Item twice.
6.3 The CDLoT reserves the right to refuse or limit renewals and will do so based upon demand.
7. Late Return and Fines
7.1 If an Item is returned late, the Member will be responsible for any late fee the CDLoT may charge.
7.2 Late Fees are capped at the full replacement cost of the Item.
7.3 Any Late Fees, fines and/or replacement charges incurred by a Member must be paid in full before borrowing additional items from the CDLoT and Surrey Council Libraries.
7.4 The CDLoT may replace severely overdue Items, and reserves the right to hold the Member responsible for the full replacement cost.
7.5 Any restoration fine may be to the amount equal to the full replacement cost of the Item and include an administrative fee.
7.6 The CDLoT reserves the right to use appropriate steps, to retrieve overdue Items, the cost to replace Items, unpaid fines and/or fees, including the use of a collection agency and/or legal action against a Member and charge the Member with the cost of any such action.
7.7 The CDLoT reserves the right to waive late fees, fine and/or any other charges in particular circumstances.
8. Liability
8.1 The CDLoT and SLS shall not be liable to the Member or any other persons (as far as permitted by Law) for death, personal injury, property damage, direct, indirect or consequential loss or damage in connection with any items issued under this Equipment Loan Agreement caused by the member's: i) fraud or fraudulent misrepresentation; ii) negligence and/or misuse of the Item(s); or, iii) breach of any obligation under this Agreement.
8.2 Notwithstanding any other provision of this Policy, the CDLoT and SLS neither limits or excludes its liability for: i) death or personal injury caused by its negligence, or that of its employees, agents or Sub-Contractors; ii) breach of any obligation as to title implied by statute; or, any other act or omission, liability for which may not be limited under Law.
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