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Liability Waiver and Indemnification Form
The items in our collection are for the use of BDB members. Out of respect for future users, please take care of the items you borrow and report any damage to BDB 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 ANYTHING
I am capable and experienced in using the items I am borrowing, and that I will use the items I am borrowing in a safe and proper manner. I am aware that BDB, 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 heirs, successors, and assigns, in consideration of being permitted to borrow tools, waive any and all claims against BDB, its officers, agents, volunteers and employees 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 BDB except those caused by a defect known to BDB and not made known to me.
I agree to release and indemnify and hold harmless BDB, its officers, agents, volunteers 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 or possession of items I am borrowing from BDB.
I have read and fully understand and agree to the General T&C Borrow Don't Buy 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.
SHORT: I'm responsible for how I use what I borrow, and I won't blame the AWESOME team behind Borrow Don't Buy for what I do with the items.
Borrow Don't Buy will be referred to as "BDB" for the purpose of this Agreement.
Any person who signs up and joins BDB is known as the “Member” for the purpose of this agreement.
Members must be aged 18 or over to be a Member and use BDB’s Library of Things.
Only Members of BDB who have an active membership are eligible to borrow items. Prior to borrowing items, all Members must (a) complete a Membership Sign-Up Form; (b) sign the Liability Waiver and Indemnification Form; (c) sign the General T&C Borrow Don’t Buy (d) have their residence confirmed by a BDB volunteer or member of staff; (e) Pay the Membership Fee, if applicable; (f) validate their account by showing the appropriate ID for their chosen membership to a BDB volunteer or member of staff.
Accepted forms of ID include, but are not limited to; Photo ID - Driving License, Passport, Student ID - from a UK Higher Education Facility or NUS card. All ID must be valid, in date and have the correct information matching that on the Members account. Any ID presented will be accepted or denied at BDB staff’s discretion and BDB reserves the right to deny any ID that does not fully align with the information needed to validate the Members account.
Items have a specific fee for borrowing, this fee is for one week’s hire. These fees will be listed on BDB's lending platform website and Members will pay the price listed for items reserved according to their membership type. All reservation fees must be paid prior to borrowing items from BDB. Item fees pay for item maintenance, replacement parts, new tools, and upkeep of BDB’s facilities.
Pre-paid memberships must be paid in full prior to borrowing items under said membership’s terms.
Memberships will run for the period specified by the membership chosen by the Member, from the date it is paid for and includes all borrows made within the period paid for under these terms. Consumables are not included in any pre-paid memberships and will be added at the cost stated on the website on check out. For pay-as-you-go memberships, consumables will be charged at the fee stated on the website when reserved, and any discounts the membership includes will apply to this cost as with borrowed items if stated in the membership terms.
All Members MUST have a valid payment method saved securely on their account to be able to reserve and check out items. Payments will be taken from the payment method saved on account prior to the collection date, or before collection in the case that the reservation is made on the same day as the collection. BDB will only accept cash payments in exceptional circumstances agreed prior to collection, but all Members must still have a valid payment method saved to their account to check-out items regardless of agreed reservation payment method. This is to cover any additional charges that they may accrue such as late fees, consumables, extra item supplement fees or cleaning fees, and as a security measure, all details are stored securely using Stripe.
The Member agrees to pay any Extra Item Supplement fee of £2.50 per item per loan, for any additional items reserved over the membership allowance for items checked out at the same time - regardless of if the items are on separate, or slightly differing reservations. BDB reserves the right to change this fee at any time. If specifically stated in the membership, then membership discounts may apply to this fee.
BDB staff may be available to assist in explaining the operation of items and can provide any available manuals upon request. BDB staff are however, not experts, and will not be liable for any information passed to the Member. By taking possession of any item, the Member warrants and represents to BDB that they; (a) have no mental or physical incapacity that would affect their ability to use the item safely; (b) is experienced in using the item and; (c) is capable of using the item in a safe and proper manner.
Only the Member is authorised to use BDB’s items. The Member shall not permit the use of items checked out to themselves by any other person unless by the express permission of BDB.
Members must collect and return items themselves, unless prior arrangements have been with the BDB team to have someone collect or return items on behalf of the Member. In this case the Member must tell BDB staff the name of the person collecting on their behalf and that person will need to show a suitable ID to be able to collect the items. The Member understands that regardless of an allocated person returning or collecting items on their behalf, the Member alone remains fully responsible for the items until they are back in the possession of BDB.
Items may only be reserved ahead up to three (3) months prior to the collection date. Reservations should be made online.
All items will be lent for the period of time specified by the Member’s membership type and are to be returned to BDB on or before their Return Due Date. Items may only be returned during BDB opening hours. Late fees (£2 per item per day - whether BDB is open or not) will be automatically levied for each item kept past the loan period, unless otherwise agreed with BDB in advance. All fines and fees must be paid in full before Members can borrow items again. We reserve the right to change late fees under extreme circumstances.
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. A £5 cleaning fee will be applied per item returned dirty. The Member agrees to pay for the loss of or damage to any item and whilst normal wear and tear are to be expected, it does not necessarily exempt BDB members from accruing repair fees. The Member further agrees to accept BDB staff’s assessment of the condition of returned items and BDB staff’s assessment of fair restitution for damage, delinquency, and/or loss of items in part or in total. This restitution amount could equal the replacement cost of the item plus delivery, handling and processing fees.
Membership discounts do not apply to cleaning fees, late fees or any other penalty fees incurred, and BDB reserves the right to change the price of fees at any point.
Members may renew each item for an additional maximum period according to the membership Type as long as the item is renewed by 5pm on the day of the Return Due Date, providing the item is not reserved by another member. In an effort to maximise the availability of items BDB reserves the right to refuse or limit renewals.
The Member agrees that BDB is not responsible for any manufacturing defects in the quality of workmanship or materials inherent in any borrowed items. Each time the Member takes an item out the Member must check it visually before taking it, and make other checks for any faults that the Member may be able to identify before using it. The Member agrees that if any borrowed item becomes unsafe or in a state of disrepair, they must immediately discontinue the use of the item and notify BDB on return. BDB will only be liable to the Member for loss or damage caused by our negligence in failing to tell you about a known fault. BDB will not be liable for faults of which BDB team members are not aware of. Other than this BDB excludes all liability for death or personal injury caused by our negligence or breach of contract.
When borrowing electrical equipment, the Member must check the visible wires and plug for any damage before use. If the Member is using the item outside, moving it about, or using it in circumstances where it may encounter water, anything sharp or other electrical wiring, a circuit breaker must be used. The Member must take ALL necessary precautions when using the borrowed item. Personal Protective Equipment (PPE) should be worn where appropriate, including, but not limited to, eye protection, ear protection, gloves, appropriate footwear, etc.
If one Member borrows an item and with BDB's agreement passes it on to another Member before it is returned to BDB and checked in, the first Member remains liable to BDB for the return and condition of the object until it is returned to BDB. If a Member collects an item from another Member with BDB's agreement, that loan will also be on the terms of this Agreement.
Members may reserve items online or by contacting BDB, providing they have an active Membership and a valid payment method saved on their account. All items are first-come, first-served basis (unless the item was reserved) and are subject to availability, regardless of membership type. BDB does not take responsibility for items not being available due to other bookings, repairs and maintenance or discontinuation of items within the pre-paid period for. Items can be booked online if they are not picked up by the end of the day they were booked from, then the item will be put back into circulation.
The Member understands and accepts that in an effort to maximise the availability of items to all Members, BDB may send emails as a reminder when borrowed items’ return dates are approaching. When items are not returned by the designated due date, BDB will issue an overdue notice by phone call, text message, email, or letter, or a combination of the above. If the items are not returned after the notice has been sent, appropriate steps will be taken to retrieve them, including the use of a collection agency and/or legal action. Fines must be paid in full before borrowing items again.
BDB reserves the right to limit the number of items borrowed, refuse the loan of any item, or request for membership at the staff’s discretion. BDB reserves the right to change these terms and conditions at any time, and the Member agrees to abide by the most recent version of this General T&C Borrow Don't Buy each time the Member borrows from BDB.
If a reservation is cancelled more than 48 hours prior to the collection day the Member will not be charged. If the cancellation is made between 48 and 24 hours before the reservation is due it is at BDBs discretion to void the reservation charge. Cancellations within 24 hours of the collection time will incur the full reservation charge. This is so we can make sure the items are available for other Members and items are not reserved for long periods and then cancelled last minute, reducing access to items for other Members.
In the case that BDB offers delivery, when making a reservation and picking the delivery option if available, the Member must select a time slot for their delivery/collection of items. BDB designs the most efficient route to pick-up/drop off items at the beginning of the day. BDB will take into account the Members choice but if it doesn’t match the selected route BDB will prioritise the optimum route in order to reduce its environmental impact. BDB will send the Member an email with an estimated time for delivery prior to delivery.
BDB reserves the right to ban or disallow Members from using BDB’s services if these terms are not adhered to or if the Member behaves in any way deemed inappropriate by BDB team members.
The signing Member affirms that the information provided on the Membership Sign Up form and account is current, true, and correct, and understands that this information may be subject to verification. They also understand that their email will be added to BDB's mailing list and that they can unsubscribe from said mailing list at any time. The Member agrees to update any information on their account if/when it becomes incorrect before using BDB.
The signing Member further states that they have read and fully understands the rules and regulations of BDB, and they understand that failure to comply with any of these rules may result in revocation of their borrowing privileges and/or legal action against them. The signing Member has read and signed a Liability Waiver and Indemnification Form, relinquishing any and all claims against BDB.
Please check the box and add your signature to the space provided on the Membership Sign Up form, acknowledging that you have read and agree to both BDB’s ‘General T&C Borrow Don't Buy’ and ‘Liability Waiver and Indemnification Form’.
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