Peterborough Tool Library

Liability Waiver and Indemnification

Please read this carefully!

The tools in our collection are for the use of Peterborough Tool Library members. Out of respect for future users, please clean any tools you borrow before returning them and report any malfunctions or damage to Tool Library staff 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, this would be highly appreciated.

I, _ (print name), state that I am capable of using the tools I am borrowing, that I will use the tools I am borrowing in a proper manner, and that I am aware that using tools involves the risk of and can cause damage to property, injury, or death. I also state that I am aware that Habitat for Humanity Peterborough and Kawartha Region, Peterborough Tool Library, its partners, directors, officers, members, volunteers, and employees claim no expertise and make no representation concerning the workmanship, condition of repair, or fitness of any tool for any particular use. I

I, _ (print name), do hereby for myself, on behalf of my successors and assigns, in consideration of being permitted to borrow tools, waive any and all claims that I may now or in the future have against Habitat for Humanity Peterborough and Kawartha Region and The Peterborough Tool Library, its officers, agents, and employees for any damage to property, injury of any nature, or death that I or others may suffer or incur in the use of the tools that I am borrowing from The Peterborough Tool Library.

I, _ (print name), hereby for myself, on behalf of my successors and assigns, in consideration of being permitted to borrow tools, agree to release, indemnify and hold harmless Humanity Peterborough and Kawartha Region and The Peterborough 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 Peterborough Tool Library. This release and indemnification includes any and all liability arising through negligence, tort, breach of contract, or breach of any duty of care.

I affirm that the information here is current, true and correct and may be subject to verification. I further state that I have read, fully understood this document prior to signing it, and agree with these paragraphs and the rules and regulations of The Peterborough Tool Library, 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 am not relying on nor am I induced to participate or sign by any oral, written or visual representations, signs, media or statements.

I CONFIRM THAT I AM OVER THE AGE OF 18 AND I ASSUME ALL RISKS AND AM RESPONSIBLE FOR MY OWN SAFETY. I AM AWARE THAT, BY SIGNING THIS AGREEMENT, I AM WAIVING OR GIVING UP CERTAIN LEGAL RIGHTS WHICH I OR MY HEIRS, EXECUTORS AND ADMINISTRATORS MAY HAVE AGAINST THE ENDEAVOUR CENTRE OR THE PETERBOROUGH TOOL LIBRARY.

Borrower’s Agreement & Tool Use Policy

1. Members must be age 18 or over to borrow tools from Peterborough Tool Library (“PTL”).

2. Prior to borrowing tools, all Members must (a) complete a Membership Application; (b) sign the Waiver and Indemnification form; (c) sign this Tool Use Policy form; and (d) have their residence confirmed by a PTL volunteer or member of the staff. Verification of the Member’s identity and residence is accomplished by presenting a valid government-issued photo ID and a second form of identification that includes a current address.

3. PTL volunteer or member of the staff is available to assist in explaining the operation of tools. However, by taking possession of any item, the Member is certifying that he /she/they is/are capable of using that item in a safe and proper manner.

4. Only the Member is authorized to use PTL tools. The Member shall not permit the use of items checked out to him/her/them by any other person unless by the express, written permission of PTL.

5. Both power tools and hand tools may normally be borrowed for a period of 7 days. PTL reserves the right to make some tools available for a borrowing period of longer or shorter than 7 days. Members will be informed of the length of time that they may borrow a tool at the time of checkout. All tools borrowed are to be returned to PTL by close of business on their due date. Tools may only be returned during PTL’s open hours.

6. If a tool is returned late, the Member will be responsible for a late fee of $2.50 per tool per day for most power tools and $1 per day for most hand tools. Late fees are capped at the full replacement cost of the tool plus a $5 administrative fee per tool. Late fees are subject to change. PTL may need to replace severely overdue tools (tools that have not been returned within 30 days of their checkout), holding the Member responsible for the full replacement cost of the tool plus a $5 administrative fee. The replacement cost and the administrative fee must be paid in full before a Member may borrow additional tools. Members must pay their late fees when they return the late tool to the library.

7. PTL reserves the right to use appropriate steps to retrieve overdue tools or unpaid replacement costs and administrative fees, including the use of a collection agency and/or legal action. If such action is taken, PTL reserves the right to assess the delinquent Member with the cost of the action. PTL also reserves the right to forgive any costs or fees due to special circumstances or to request partial payment thereof.

8. The Member agrees that PTL is not responsible for any manufacturing, material, or quality of workmanship defects of borrowed tools, nor their state of repair. PTL does not represent or warrant that any tool is fit for a particular purpose.

9. The Member agrees that if any borrowed tool becomes unsafe or in a state of disrepair, he/she/they must immediately discontinue use of the tool and notify PTL of the issue on return, if not earlier.

10. All tools are to be returned in the same (or better) condition as they were issued, subject to normal wear and tear. All tools must be returned clean. The Member agrees to pay for the loss of or damage to any tool or part thereof and further agrees to accept PTL’s assessment of the condition of items and assessment of fair restitution for damage, dirtiness, delinquency, and/or loss of items in part or in total. This restitution amount would not be greater than the full replacement cost of the tool plus a $5 administrative fee. Severed or damaged electrical cords are subject to a repair charge of $10.  To put it simply. If the tool or any part of the tool breaks in your possession you are responsible for the repair and or replacement costs.

11. PTL reserves the right to refuse the loan of any tool to any person at its reasonable discretion.

12. The Member is responsible for ensuring that the information that they provide on the Membership Application is current, true, and correct and shall update this information if it changes. PTL reserves the right to verify information provided by a Member.

13. I agree to be added to the PTBO Tool Libraries mailing list.

I state that I have read and fully understand the rules and regulations of the Peterborough Tool Library listed here, 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.

I understand and agree to pay the following fees if I return a tool late or dirty.

1) Late Fees- Power tools will be charged at $2.50/day. All other tools will be charged at $1.00/day.  Note that this includes days we are not open.

2) Cleaning Fee- If a tool is returned dirty the tool library will charge a $10 cleaning fee. Please be sure to clean our tools and treat them like your own. Empty Vacuums and sanders, clean excess debris and sawdust and please wrap cords properly.

3) Cord cut-off Fee - Damaged/severed extension cords and power cords will be subject to a $10 repair fee. 

Due to the COVID-19 pandemic, PTBO Tool Library is asking you to :

1. Stay home if you are feeling ill, if you are self-isolating, or if you think you have been exposed to Covid-19.  

2. Reserve online before coming to pick up your tool(s). 

3. Read and follow all signage displayed to prompt safe practices and flow of traffic

4. Pay late fines or membership dues with a credit card.

5. Make every effort to clean/disinfect tools before returning them

6. Maintain physical distancing of at least two(2) metres from the library staff. 

7. Load your tools into your vehicle yourself.  Volunteers will not be able to help load tools at this time.