Elmbridge Community Eco Hub – Library Of Things User Agreement
Members must be age 18 or over to borrow items from Elmbridge Community Eco HUB (ECEH).
Prior to borrowing items, all Members must (a) complete a Membership Application; (b) sign the Waiver and Indemnification Form; and (c) have their residence confirmed by ECEH staff. Completing a Membership Application includes the completion of the Membership Application form and verification of the Member’s identity.
ECEH staff are available to assist in explaining operation of items. However, by taking possession of any item, the Member is certifying that he or she is capable of using that item in a safe and proper manner.
Only the Member is authorised to use ECEH items. The Member shall not permit the use of items checked out to him or her by any other person unless by the express permission of ECEH.
Members will not be charged for borrowing any item, but will be asked to make a donation. When paying via card, our minimum suggested donation amount for each item will be taken.
The Member agrees to having their bank card securely stored via encryption on our PAYMENT system in order to process transactions.
All items borrowed are to be returned to ECEH by 4PM on the Return Date. If items are not returned on time, a late fee will be charged for each day we are open beyond the due date. The Member agrees that ECEH may take late fees from their card each week that items are overdue.
Members may renew each item if (a) the Member contacts ECEH by noon on the day of the Return Date, and (b) no other Member has reserved the item. ECEH reserves the right to refuse or limit renewals.
ECEH will only be liable to you for loss or damage caused by our negligence in failing to tell you about a known fault. We will not be liable for faults of which we are not aware of. Other than this ECEH exclude all liability for death or personal injury caused by our negligence or breach of contract. Because we are not a business, the risk to you is greater than if you were paying to hire something or buy it.
The Member agrees that ECEH is not responsible for any manufacturing defects in quality of workmanship or materials inherent in any borrowed items. Each time you take an item out you must check it visually before you take it, and make other checks for any faults that you may be able to identify before using it.
The Member agrees that if any borrowed item becomes unsafe or in a state of disrepair, he or she must immediately discontinue use of the item and notify ECEH.
If you are borrowing electrical equipment you must check the visible wires and plug for any damage before use. If you are using the item outside, moving it about, or using it in circumstances where it may encounter water, anything sharp or other electrical wiring, you must use a circuit breaker.
All items are to be returned in the same (or better) condition as they were issued, barring normal wear and tear. All items must be returned clean. The Member agrees to pay for the loss of or damage to any item and further agrees to accept ECEH’s assessment of condition of items and to further agree to ECEH’s assessment of fair restitution for damage, dirtiness, delinquency, and/or loss of items in part or in total. ECEH reserves the right to refuse the loan of any item at its discretion.
ECEH reserves the right to withhold funds from the members card should the item be deemed to have been lost or damaged while in the member’s possession.
If for any reason the item you borrow turns out to be faulty and unusable we will issue you the borrowing donation back as credit on your account. We are unable to issue cash refunds.
If ECEH is not the owner of the item and only facilitates contact between you and the Owner, ECEH accepts no liability for the condition of any item or any loss or damage resulting from your use of it.
If you borrow an item and with our agreement pass it on to another Borrower before it is returned to ECEH and booked in, you remain liable to ECEH for the return and condition of the object until it is returned to ECEH. If you collect an item from another Borrower with our agreement, that will also be on the terms of this Agreement.
I affirm that the information that I have provided on the Membership Application is current, true, and correct. I understand that this information may be subject to verification.
I further state that I have read and fully understand the rules and regulations of ECEH, 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 a Waiver and Indemnification form, relinquishing any and all claims against ECEH.
Borrowers Liability Waiver
The items in our collection are for the use of ECEH members. Out of respect for future users, please take care of the items you borrow and report any damage to ECEH immediately. Though borrowers are responsible for damage that they have caused, we promise not to be angry. If you feel compelled to return them in better condition than when you borrowed them, that would be highly appreciated.
Your Statements (READ THIS CAREFULLY EVERY TIME YOU BORROW)
I am capable and experienced in using the item(s) I am borrowing and I will use the items I am borrowing in a proper manner.
I am aware that ECEH, its partners, directors, officers, members, volunteers and employees claim no expertise and make no representation concerning the fitness of any item for any particular use.
I, do hereby for myself, on behalf of my successors and assigns, waive any and all claims against ECEH, its officers, agents, employees 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 ECEH except those caused by a defect known to ECEH and not made known to me.
I agree to release and indemnify and hold harmless ECEH, 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 ECEH.
I have read and fully understand the rules and regulations of ECEH 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.
Signature……………………………………………
Date (dd/mm/yyyy) ……………………..
