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The Tool Library is a program sponsored by the Athens County Public Libraries to help community members gain access to the tools and equipment they need without needing to purchase them. It is also a place for people with tools to share them with the community.
The Tool Library is overseen and operated by The Community Makerspace located at 751 West Union Street in Athens Ohio.
Those wishing to borrow tools must be residents of Ohio, 18 years of age or older, and sign and follow the Borrower’s agreement and tool use policy. All tools may be checked out for a maximum of two weeks.
Borrowers will pay the price listed in the tool circulation system for any tool lost or damaged beyond repair; Borrowers may be asked to pay fees for tools that are damaged but repairable. No refunds will be made if tools that were lost and paid for are later found by the Borrower.
If borrowed tools are not returned within 14 days of the due date or payments for damaged/lost items are not paid within 14 days of the date the charge was assessed, the
Borrower will not be able to check out any additional tools until the overdue tool has been returned.
If borrowed tools are not returned 30 days after the due date the tool will be assumed to be lost and the cost of the tool will be billed to the Borrower. If the item is subsequently returned the charge will be removed.
Athens County Public Libraries will consult with The Community Makerspace on a regular basis to review the collection in the Tool Library; including the purchase of new tools requested by users, acceptance of tools donated by the community, removal of tools that are underused or unusable, and maintenance of all tools in the collection. The Community Makerspace will arrange for the procurement, repair, maintenance, and disposal of all tools, and will bill Athens County Public Libraries for those costs.
The Community Makerspace will track all usage of the Tool Library and report those statistics to Athens County Public Libraries monthly.
Community Makerspace personnel are available to assist in explaining the operation of tools. However, by taking possession of any tool, Borrowers are certifying that they are capable of using that tool in a safe and proper manner. The officers, employees and volunteers of the Community Makerspace and Athens County Public Libraries claim no expertise and make no representation concerning the safe operation and fitness of any tool for any particular use.
Waiver of Liability for Tool Manufacturing or Maintenance Defects:
Without limiting Exhibit B: Waiver and Indemnification Form signed by the Borrower, the Borrower agrees that the Community Makerspace and Athens County Public Libraries are not responsible for any manufacturing defects in quality of workmanship or materials or maintenance defects inherent in or resulting from faulty maintenance of any borrowed tools.
Only individuals who sign 1) this Borrower’s Agreement and Tool Use Policy Form; and 2) Exhibit A: Borrower Application Form; and 3) Exhibit B: Waiver and Indemnification Form, are authorized to borrow and use Athens County Public Libraries’ tools. Borrowers must not permit borrowed tools to be used by any other person. Community Makerspace staff or volunteers may ask for a form of identification when borrowing tools.
Loading, Unloading, and Transportation:
Borrowers are responsible for the loading and unloading of tools. If a Community Makerspace staff member or volunteer assists in the loading and/or unloading of items, the Borrower assumes all risk and the Community Makerspace is not liable for any property damage or personal injuries of the Borrower and/or Community Makerspace staff member or volunteer. Borrowers must provide a safe and appropriate method for transporting tools and/or materials they are borrowing.
Borrowing Period and Limitations:
Borrowers may check out no more than 10 tools at any one time for a period of no more than fourteen days.
Borrowers may reserve tools only on the actual date of checkout. Borrowers may not reserve tools that have not yet been returned by other Borrowers. Community Makerspace staff members, volunteers, or automated response must confirm all reservations to be effective. All reservations are cancelled on the day of the reservation 15 minutes prior to closing.
Special Tools Fees and Restrictions:
Athens County Public Libraries reserve the right to apply additional lending restrictions to particular tools and items, such as high-value, fragile or high-demand tools. Athens County Public Libraries shall make these additional restrictions explicit to Borrowers before and at the time such tools are requested.
Borrowers must return tools directly to Community Makerspace staff during open hours. Borrowers may not return tools during closed hours. Borrowers must return all borrowed tools by closing on their due date.
Condition of Returned Tools:
Borrowers must return tools in the same, or better, condition than when they were issued, barring normal wear and tear. Borrowers must return all tools clean. Borrowers must pay a $10 cleaning fee at the time of return for tools that are returned without being cleaned.
Notification of Damaged Tools:
Borrowers agree that if any borrowed tool becomes unsafe or in a state of disrepair, they must immediately discontinue use of the tool and notify the Community Makerspace of the issue on its return, if not earlier.
Late Returns and Delinquency:
If borrowed tools are not returned within 14 days of the due date or payments for damaged/lost items are not paid within 14 days of the date the charge was assessed, the Borrower's account will be blocked from further checkouts until the problem has been resolved. If borrowed tools are not returned 30 days after the due date the item will be assumed to be lost and the Borrower will be billed for the replacement cost of the item. If the item is subsequently returned the cost will be removed from the Borrower’s account.
Unrecoverable Tools and Damaged Returns:
Borrowers agree to pay for the loss of or damage to any tool up to the full cost to purchase a new tool as a replacement. Borrowers agree to accept Community Makerspace staff’s assessment of the condition of tools upon return and any loss or damage to the same. Borrowers agree to the assessment of fair restitution for damage and/or loss of items in part or in total.
Right to Retrieve Delinquent Tools:
Athens County Public Libraries reserves the right to use appropriate steps to retrieve delinquent tools or unpaid fees, including the use of a collection agency, civil litigation, or reporting tools as stolen; and assessing the Borrower with the cost of any such action.
Discretion to Loan:
Athens County Public Libraries reserves the right to bar the use of the Tool Library to any Borrowers who fail to abide by these agreements.
Governing Law; Intent; Severability; Headings:
This document is governed by the laws of the State of Ohio, without regard to any conflicts of laws or principles. If any portion of this document is held as not enforceable or valid, the remaining portions shall remain in full force and effect. All section headings are provided for convenience only.
Athens County Public Libraries may from time to time, at its sole discretion, modify the Individual Borrower’s Agreement and Tool Use Policy, and Borrowers are subject to any such modified version. Athens County Public Libraries must make all such modifications transparent and available to Borrowers via email.
I affirm that I have read, fully understand, and agree to abide by the rules and regulations of the Tool Library as set forth in this Borrower’s Agreement & Tool Use Policy. I understand that my ability to borrow tools from the Tool Library is conditioned on my adherence to these policies, and I accept the obligations, responsibilities, liabilities, and possible penalties that may be placed on me when borrowing tools from the Tool Library. I understand that failure to comply with any of these rules may result in revocation of my borrowing privileges, fines due to Athens County Public Libraries from me and/or legal action taken against me. I have read and signed Exhibit B: Waiver and Indemnification form, relinquishing any and all claims I may have against Athens County Public Libraries, the Community Makerspace, Rural Action, and their officers, agents, and employees.
Borrower Signature ________________________________ Date: ____/_____/_______
Name (print): ____________________________________________________________
Tool Library Borrower Application
Date of Birth: __________________
Street Address: ___________________________________________________
City, State, Zip Code: _______________________________________________
Library card number (if applicable): ____________________________________
I affirm that I am at least 18 years of age and I have read, completed, and agree to abide by the Borrower’s Agreement and Tool Use Policy. I have read, completed, and agree to abide by the terms of Exhibit B: Waiver and Indemnification Form, and I have read and signed Exhibit B: Waiver and Indemnification form, relinquishing any and all claims I may have against Athens County Public Libraries, the Community Makerspace, Rural Action, and their officers, agents, employees, and volunteers.
I affirm that the information that I have provided on the Borrower Application is current, true, and correct. I understand that this information may be subject to verification.
Printed Name: _____________________________________________________
Date of Agreement: _________________________________________________
Office Use Only
Name of Staff Person/Volunteer accepting application______________________
Tool Library – Waiver and Indemnification Form
I, ________________________________, state that I am capable and experienced in using the tools I borrow, and that I will use the tools I am borrowing in a safe and proper manner. I understand and acknowledge that such tools may cause injury and can be dangerous to operate.
I do hereby for myself, and on behalf of my heirs, successors and assigns, in consideration of being permitted to borrow tools, waive any and all claims I may have against Athens County Public Libraries, the Community Makerspace, Rural Action, and their officers, agents, employees, and volunteers for any injury or injuries of any nature that I may suffer or incur in borrowing or using the tools that I am borrowing from the Tool Library.
I, hereby for myself, and on behalf of my heirs, successors and assigns, in consideration of being permitted to borrow tools, agree to release and indemnify and hold harmless Athens County Public Libraries, the Community Makerspace, Rural Action, and their 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 tools I am borrowing from the Tool Library. I am aware that Athens County Public Libraries, the Community Makerspace, Rural Action, and their officers, agents, employees, and volunteers claim no expertise and make no representation concerning the fitness of any tool for any particular use.
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