East Linton Tool Library - User Agreement, Tool Use Policy & Waiver of Indemnification
Before you can borrow tools, we need you to agree to the East Linton Tool Library user agreement.
Mission and Ethos
Giving everyone access to tools requires people to follow a few rules but it means we can enable more people to better their environment and potentially their lives. So we invite you to join other Members near you in agreeing to the terms below – which ensure that your Tool Library thrives both now and into the future to be a solid resource for our increasingly collaborative and resilient community.
Definitions
- The ‘Member’ – any person who has created an account via the East Linton Tool Library’s myTurn catalogue, regardless of whether they have borrowed from the Tool Library or not
- ‘Item’ or ‘tool’ – any piece of equipment stocked by the East Linton Tool Library
- ‘Tool Library’ (or ‘ELTL’, ‘us’, ‘we’ or ‘our’) – the project lending out items to Members
- 'Borrowing' – the act of picking up, taking care and making use of an item from East Linton Tool Library and returning it on or before the stated return date
Joining & Membership
Only Members are able to borrow tools from East Linton Tool Library.
To become a Member, you must:
- Be aged 18 or over
- Complete your contact information, including email address and date of birth.
- Agree to both this Member’s Agreement & Tool Use Policy, and the Privacy Policy & Waiver of Indemnification.
- Provide proof of your identity and place of residence to be verified by an ELTL volunteer.
Your membership will only be activated once your residence has been confirmed by an ELTL volunteer and your identity verified. Verification of your identity is accomplished by presenting, to a Tool Library volunteer, an official photo ID and a second form of identification that includes your current address. For clarity, until verified, members will not be allowed to check out tools.
We will treat your information with respect. For more information about our privacy practices, please see our Privacy Policy below. You will be asked to agree to this policy separately, so that we may process your information in accordance with these terms.
Renewing Membership
We allow (and encourage) automatic renewal. You can renew your membership before it expires and extend it for another 12 months. This can be done online by logging in into your Tool Library account. You will receive notifications in advance of expiry/renewal to give you the opportunity to cancel or renew as you see fit.
Borrowing tools
Our volunteer team will be able to provide advice regarding the operation of tools. However, by taking possession of any item, you are certifying that you are capable of using that item in a safe and proper manner.
Only you, the Member is authorised to use ELTL tools. You shall not permit the use of items checked out to you by any other person unless by express permission of the Tool Library.
You agree that the Tool Library is not responsible for any manufacturing defects in quality of workmanship or materials inherent in any borrowed tools. If a tool breaks, becomes unsafe or is malfunctioning, you agree to stop using it. We want our tools used lots, but they will eventually break down. We won’t hold you responsible and will organise a replacement, but notify us of the issue on return, if not earlier.
Some tools require consumable parts (e.g. sanders have sanding pads, jigsaws have blades, etc). Please note they are not guaranteed to come with the tool. You may have to buy your own blades, sanding pads, etc. If they are provided, you should bear in mind that these consumable parts come at a cost, and should you use them, you should either replace them, or cover their cost.
The Tool Library reserves the right to refuse the loan of any item at its discretion.
You may renew each item once only if:
- you renew online,
- no other Member has reserved the tool,
- no global pandemic is imposing the Tool Library to adapt or restrict its service to keep on sharing.
The Tool Library reserves the right to refuse or limit renewals and will do so based on demand. The exception to this may be items that are in particularly high demand (cordless drills or mowers in the summer for example).
Requesting tools
Tools may be reserved in advance - Currently, not more than 31 days in advance.
All reservations are only effective once you receive a confirmation. Reservations are handled on a best-effort basis. If volunteers discover a reason why a reservation cannot be fulfilled we will contact you by email as early as possible.
Returning tools
All tools are to be returned in the same (or better) condition as they were issued, barring normal wear and tear.
All tools borrowed are to be returned to the Tool Library by close of business on their due date. Tools may only be returned during the Tool Library’s opening hours. Please return tools to the place they were borrowed from. Failure to do so will mean a delay in them being checked in and late fees being accumulated.
All tools must be returned clean and the Tool Library may charge the member £5 to cover the cost of cleaning if they are returned in an unsatisfactory state.
If a tool is returned late, you will be responsible for a late fee. We do not want to do this, but it makes members remember the next time. Other people are relying on you to return the tools, so please be considerate. This late fee will be £1 per day per tool for every day until the tool is returned. Late fees are capped at the full replacement cost of the tool plus a £5 administrative fee per tool. Late fees must be paid in full before borrowing further items. The Tool Library may replace severely delinquent tools, holding the Member responsible for the full replacement cost plus a £5 administrative fee. Fines must be paid in full before borrowing further items.
You agree to pay for the loss of or damage to any item through misuse, and further agree to accept the Tool Library’s assessment of the condition of items and further agree to the Tool 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.
The Tool Library reserves the right to use appropriate steps to retrieve delinquent tools or unpaid fines and late fees, including the use of a collection agency and/or legal action and assess the delinquent Member with the cost of any such action. Under UK Law, ”borrowing without the intent to return” is theft. The Tool Library reserves the right to contact the police to retrieve tools if it deems such action appropriate. The Tool Library also reserves the right to forgive late fees due to special circumstances.
IN SHORT:
Return tools clean, on the day they are due back, to the place you picked them up from, during opening hours, use common sense when using the tools and tell us if there is any problem.
The borrowing of tools will be refused if a member is under the influence of any substances, legal or illegal.
Waiver of Indemnification
I do hereby state that I am capable and experienced in using the tools I am borrowing, and that I will use the tools I am borrowing in a proper manner. I do hereby for myself, on behalf of my successors and assigns, in consideration of being permitted to borrow tools, waive any and all claims against East Linton Tool Library, its officers, agents, and employees for any injury or injuries of any nature that I may suffer or incur in the use of the tools that I am borrowing from East Linton Tool Library. I hereby for myself, on behalf of my successors and assigns, in consideration of being permitted to borrow tools, agree to release and indemnify and hold harmless East Linton Tool Library, its officers, agents, and employees 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 tools I am borrowing from East Linton Tool Library. I am aware that East Linton Tool Library, its partners, directors, officers, members, and employees claim no expertise and make no representation concerning the fitness of any tool for any particular use. I affirm that the above information is current, true and correct and may be subject to verification. I further state that I have read and fully understand the rules and regulations of East Linton 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 this Waiver and Indemnification form, relinquishing any and all claims against East Linton Tool Library, its officers, agents, and employees.
I affirm that the information that I have provided on my account is current, true, and correct, and understand that this information might be subject to verification.
I further state that I have read and fully understand the rules and regulations of East Linton 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.
By checking the box below I confirm that I have read and agree to adhere to the terms of the East Linton Tool Library User Agreement, Privacy Policy and Waiver of Indemnification relinquishing any and all claims against the East Linton Tool Library.
East Linton Tool Library Covid-19 Update
As of May 18th 2021 our premises at The Mart, East Linton, will be open Tuesday 5-7pm and Saturday 10am-12midday.
Please follow these guidelines:
- Do not come if you are not feeling well
- Wear a mask and wash your hands
- Maintain appropriate social distancing when queuing near the Tool Library cabin
- Tools will still sit for 72 hours and will be cleaned again just before going out.
Thanks for your cooperation.