Livingston Tool Shed

The Livingston Release and Liability Waiver
and Tool Shed Equipment Rental Agreement

This Agreement waives certain of your legal rights. Please read carefully before signing.

This Liability Waiver and Equipment Rental Agreement ("Agreement") is entered into by and between the renter

AND: Livingston Homeowners Association

I agree to be responsible for all the Livingston Tool Shed equipment that I am renting, as documented on this form.

I will be fully responsible to cover all costs or repair or replacement for equipment damaged or lost according to their value indicated on the equipment checkout inventory, subject to the discretion of the Livingston Homeowners Association (who operates the Livingston Tool Shed).

I AM AWARE THAT THE OPERATION OF THESE TOOLS IS HAZARDOUS/DANGEROUS AND THAT I COULD BE SERIOUSLY INJURED OR EVEN KILLED. I AM VOLUNTARILY PARTICIPATING IN THIS PROGRAM WITH KNOWLEDGE OF THE DANGERS INVOLVED, AND AGREE TO ASSUME ANY AND ALL RISKS OF BODILY INJURY, DEATH OR PROPERTY DAMAGE, WHETHER THOSE RISKS ARE KNOWN OR UNKNOWN.

I verify this statement by placing my initials here: .

As consideration for being permitted by the Association an lessor of the Association’s premises (“Lessor”), to participate in these activities and use the Association premises and facilities, I forever release the Association, and any Association-affiliated organization, and their respective directors, officers, employees, volunteers, agents, contractors, and representatives (collectively “Releasees”) from any and all actions, claims, or demands that I, my assignees, heirs, distributes, guardians, next of kin, spouse, and legal representatives now have, or may have in the future, for injury, death or property damage, related to (i) my participation in these activities, (ii) the negligence or other acts, whether directly connected to these activities or not, and however caused, by any Releasee, or (iii) the condition of the premises where these activities occur, whether or not I am then participating in the activities.

I also agree that I, my assignees, heirs, distributes, guardians, next of kin, spouse and legal representatives will not make a claim against, sue, or attach the property of any Releasee in connection with any of the matters covered by the following release.

I have read and agreed to the Livingston Tool Shed Rules and Borrowing Policy.

I agree that the LHOA shall retain all rights to ownership and title to the equipment. I also agree that no ownership or title to the equipment is to be under the agreement and I will do no act nor permit anyone to do no act inconsistent with the LHOA ownership and title to the equipment.

I agree that the equipment will be used only for the purpose for which the equipment was manufactured and intended. Subleasing or improper use of the equipment is strictly prohibited.

I agree to pay for any loss of or damage to any item and further agree to accept the LHOA'S assessment of the condition of the item and further agree to the LHOA'S assessment of fair restitution for damage, dirtiness, delinquency and/or loss of items in part or in total.

In the event that the LHOA employees assist in loading or unloading of the equipment, I assume this risk and hold the LHOA harmless from any property damage or personal injuries in connection with loading and/or unloading.

I HAVE CAREFULLY READ THIS AGREEMENT AND FULLY UNDERSTAND ITS CONTENTS. I AM AWARE THAT THIS IS A RELEASE OF LIABILITY AND A CONTRACT BETWEEN MYSELF AND THE LIVINGSTON HOMEONWERS ASSOCIATION AND SIGN IT OF MY OWN FREE WILL.

Executed at Calgary Alberta Canada on _____________________________________________________.

PARTICIPANT

General Guidelines

1. The Livingston Tool Shed’s operating hours will be Monday – Sunday from 9.30 am -8.30 pm except for holidays and long weekends.

2. LHOA Members must be in good standing and 18 years of age or older to borrow tools from the Livingston Homeowners Association Tool Shed.

3. Only LHOA Members are authorized to use the library tools. LHOA Members shall not permit the use of library items by any non-member, including sub-lending to any other individual.

4. The tools from the Livingston Tool Shed may not be used for any trade, business, rental, or commercial purposes and cannot leave the Community.

5. Prior to borrowing tools, all LHOA Members must read and sign the Livingston Tool Shed Waiver and Indemnification Form, also verifying that they have read and will abide by the Rules and Borrowing Policy/Procedures.

6. Prior to borrowing tools, all LHOA Members must provide a valid credit card number. By signing the Waiver and Indemnification Form, the LHOA  Member hereby authorizes the Livingston Homeowners Association on behalf of the Livingston Tool Shed to charge the full amount for the loss or damage of these tools to the credit card number provided and certifies that the credit card information provided is true and correct as of the date given and will remain true and correct throughout the term of this Agreement. The LHOA Member agrees to promptly update the information in the event that it changes.

7. The LHOA Member agrees that the Livingston Tool Shed is not responsible for any manufacturing, material, or quality of workmanship defects of borrowed tools.

8. The LHOA Member agrees to pay for the loss of or damage to any item and further agrees to accept the Livingston Shed’s assessment of the condition of items and to further agree to the Livingston Tool Shed’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 $15 administrative fee.

9. The Livingston Tool Shed reserves the right to refuse the loan of any item at its discretion.

10. The Livingston Tool Shed reserves the right to alter the tool policy at any point.

Loan Period

11. Tools may be borrowed for a period of 3 days. All tools borrowed are to be returned to the library by 8 pm on their due date. Tools may only be returned during the library’s open hours.

Overdue Tools

12. If a tool is returned late, the LHOA Member will be responsible for a late fee of $2 per tool per day for power tools, $1 per tool per day for hand tools and $5 per day for large powered equipment. Late fees are capped at the full replacement cost of the tool plus a $15 administrative fee per tool. Late fees are subject to change.

13. The Livingston Tool Shed will replace tools that are more than 30 days late, holding the LHOA Member responsible for the full replacement cost plus a $15 administrative fee. Fines must be paid in full before borrowing additional items.

14. The Livingston Tool Shed reserves the right to use appropriate steps to retrieve delinquent tools or unpaid fines and fees, including the use of a collection agency and/or legal action and assess the delinquent LHOA Member with the cost of any such action. The Livingston Tool Shed also reserves the right to forgive fees due to special circumstances.

Use and Responsibility for Equipment

15. The LHOA Member is responsible for the equipment from the time it is rented by the Member until it is returned. The LHOA Member’s responsibility includes but is not limited to ensuring the proper oil levels are maintained and proper fuel or fuel oil mix is used, if applicable. The Livingston Tool Shed will provide a takeaway leaflet to demonstrate the proper balance of fuel/oil for those machines requiring a mix. If the equipment is lost, stolen or damaged under any circumstances while being borrowed, regardless of fault, the LHOA Member shall be responsible for all charges to replace or repair equipment including any labor costs. If the equipment is not returned clean, a cleaning charge of $20 will apply. Cleaning charges are subject to change.

16. The LHOA Member must examine the equipment prior to taking the rental and acknowledge that it is in good working condition except any defect noted by the Livingston Tool Shed. The LHAO Member is responsible to return the rental equipment to the library in the same working condition as they were issued, barring normal wear and tear. All tools must be returned clean.

17. By taking possession of any item, the LHOA Member is certifying that he or she is capable of using that item in a safe and proper manner.

18. The LHOA Member agrees that if any borrowed tool becomes unsafe or in a state of disrepair, he or she must immediately discontinue the use of the tool and notify the Livingston Tool Shed of the issue on return, if not earlier.

I have read and fully understand the Livingston Shed Rules and Borrowing Policy.