I wish to use tools and services provided by the Walla Walla Tool Library (“the Tool Library”), for my own personal benefit. In consideration of the right to use tools from the Tool Library, the workshop spaces of the Tool Library, and to participate in activities and classes provided by the Tool Library, I understand and agree as follows:
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No Relationship: I understand that I am being provided access to the Tool Library and that, by doing so, there is no relationship formed between the Tool Library, its officers, directors, agents, employees, successors and/or assigns, and me. I further acknowledge that the use of the Tool Library is independent of the operation of Walla Walla University and its Center for Humanitarian Engagement, and that I shall not be deemed to be an employee, agent, servant, or representative of the University for any purpose. I further acknowledge Walla Walla University’s operation of the Tool Library is run by Walla Walla University’s Center for Humanitarian Engagement, but that operation does not create a relationship between Walla Walla University and myself, except for the terms set forth herein.
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Express Assumption of Risk: I understand that participating in the Tool Library entails inherent risks of physical injury, including, but not limited to, the risks described within this Agreement. I have been given the chance to ask questions concerning this Agreement, and all such questions have been answered to my satisfaction. Having read this Agreement, I am fully aware of the risks and hazards associated with the Tool Library. Also, I understand and agree that situations may arise beyond the control of the Tool Library and its leaders and/or participants. I VOLUNTARILY ASSUME ALL RISKS of loss, property damage, or personal injury including death, associated with participation in the Tool Library and use of tools and services provided by the Tool Library, unless caused by the gross negligence or willful misconduct of the Tool Library.
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Warranty of Fitness: I agree it is my sole responsibility to learn how to properly use the tools provided by the Tool Library in a safe manner. I have no physical, mental, or medical condition which, to my knowledge, would endanger myself or others by using tools provided to me by the Tool Library or participating in any activities and classes provided by the Tool Library. I will not allow any other person to use the tools I am borrowing unless they have signed a current and valid User Agreement and Waiver of Liability.
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Personal Responsibility: I understand and agree that I am personally responsible for learning how to use the tools, operate in the workshop space, and participate in classes properly and safely. I agree that I am satisfied with any instructions given by the Tool Library and its board members, officers, employees, or volunteers.
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Rules and Policies: I agree to abide by all the rules and policies for the operation and use of any tools and equipment and space. I agree to examine tools and equipment before borrowing and I further agree to refrain from using tools and equipment that I determine to be defective or in need of maintenance or repair. I will immediately discontinue the use of tools and equipment should it become unsafe or in any state of disrepair. The Tool Library and its board members, officers, employees, and volunteers shall not be responsible for any injury or damage, including consequential damage, resulting from the failure or defect of any rental tools and equipment.
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Risk of Injury: I understand that a risk of injury is present when using tools or being present in a workshop and I assume all responsibilities and risk of participation resulting from my membership in or use of the Tool Library. I will not hold a volunteer, class instructor, board member, officer, or employee of the Tool Library liable in any way should I become injured while or after I exercise any rights of my membership or through a class in the Tool Library.
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No Representation Concerning Tool Fitness: I understand the tools provided by the Tool Library are often donated and maintained through volunteer repairs and maintenance. I am aware that the Tool Library, its board members, officers, members, employees, and volunteers claim no expertise and make no representation concerning the fitness of any tool for any particular use.
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Responsibility for Tools: I agree that I am responsible for tools from the time they are loaned to me until I return them to the Tool Library, or for the period I use them in the workshop. My responsibility includes maintenance of the proper oil levels and proper fuel or fuel oil mix, if applicable. If the equipment is lost, stolen, or damaged under any circumstances while borrowed under my name, regardless of fault, I am responsible for all charges to replace or repair equipment including any labor costs.
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Reservation of Rights: The Tool Library reserves the right to refuse the loan of any tools or equipment at its discretion. The primary reason for this being that tools and trailer also function to support our area in the event of a disaster. If needed reservations will be canceled in order to support our community.
10. Late Fees: If an item is returned late, the Member will be responsible for late fees. This late fee will be $5 per day for every day the Tool Library is open until the tool is returned. Late fees are capped at the full replacement cost of the tool plus a $5 administrative fee per item. Fines must be paid in full before borrowing additional items.
11. Consent to Use of Likeness: I expressly consent to my likeness and voice being captured and authorize the Tool Library to use said material for any purpose including all commercial, publicity and fundraising purposes. I waive all claims for remuneration for said use whether based on invasion of privacy or any other reason.
12. Agreement to Mediate: It is my further express intent that, in the event of any controversy or claim arising out of or relating to this agreement, the first attempt to resolve the dispute shall be by mediation. If settlement is not reached within sixty days after service of a written demand for mediation, I understand that, at that time I may proceed to address any unresolved controversy or claim through the court system. Unless otherwise agreed, the mediator shall be licensed to practice law in the state of Washington and will be mutually chosen by the parties. I further agree that the mediation shall take place in Walla Walla, Washington, unless otherwise mutually agreed. I understand that this agreement to mediate does not stay or otherwise halt the running of the applicable statute of limitations.
13.PURSUANT TO WASHINGTON LAW, NOTHING IN THIS AGREEMENT PURPORTS OR INTENDS TO WAIVE LIABILITY FOR DAMAGE, INJURIES, OR DEATH RESULTING FROM CONDUCT THAT CONSTITUTES GROSS NEGLIGENCE. IF ANY PORTION OF THIS AGREEMENT IS HELD INVALID, I AGREE THAT PORTION IS SEVERABLE AND THE REMAINDER OF THE AGREEMENT SHALL REMAIN IN FULL EFFECT.
14.IN CONSIDERATION OF THE ACCEPTANCE OF MY AGREEMENT, I THE UNDERSIGNED INTEND TO BE LEGALLY BOUND FOR MYSELF, MY HEIRS, EXECUTORS, AND ADMINISTRATORS AND DO HEREBY RELEASE THE WALLA WALLA TOOL LIBRARY AND ITS REPRESENTATIVES, SUCCESSORS, AND ASSIGNS, FROM ANY AND ALL LIABILITY ARISING FROM INJURIES, INCLUDING DEATH, THAT I MAY SUFFER AS A RESULT OF MY PARTICIPATION. I ATTEST AND VERIFY THAT I AM PHYSICALLY SOUND. IT IS FURTHER MY EXPRESS INTENT THAT THIS AGREEMENT SHALL BIND THE MEMBERS OF MY FAMILY AND SPOUSE (IF ANY), MY ESTATE, HEIRS, ADMINISTRATORS, ASSIGNS, AND PERSONAL REPRESENTATIVES.
15. I AFFIRM THE ABOVE INFORMATION IS CORRECT, TRUE, AND CURRENT, AND MAY BE SUBJECT TO VERIFICATION. I FURTHER STATE THAT I HAVE READ AND FULLY UNDERSTAND THE RULES AND REGULATIONS OF THE WALLA WALLA TOOL LIBRARY AND I UNDERSTAND THAT FAILURE TO COMPLY WITH ANY OF THESE RULES MAY RESULT IN REVOCATION OF MY BORROWING PRIVILEGES OR LEGAL ACTION AGAINST ME.
16. I HEREBY CERTIFY THAT I AM 18 YEARS OF AGE OR OLDER AND I HAVE CAREFULLY READ THIS AGREEMENT, RELEASE, AND WAIVER OF LIABILITY, AND I KNOW ITS CONTENTS. I HAVE VOLUNTARILY SIGNED AS MY OWN FREE ACT.
Name of Participant (printed) Signature
