COMMUNITY MERCANTILE LENDING LIBRARY
RELEASE AND WAIVER OF LIABILITY
As a Member of the CM Library of things, I represent as follows:
1. My membership in, and use of, the Community Mercantile (“CM”) Library of Things library is voluntary and subject to the terms and conditions set forth in this Release and Waiver of Liability (“Release).
2. The tools and equipment lending collection are for the exclusive use by the CM customer who borrowed the tool(s). I will not allow any other person to use the tool(s) or equipment that I am borrowing.
3. I am experienced in the use of any tool or piece of equipment that I borrow, and I am physically capable of using any item that I borrow safely and in a proper manner.
4. I have inspected each borrowed tool or piece of equipment, have accepted its condition, and have advised CM staff of any damage and/or defects. I will not use a borrowed item, or will discontinue its use, if I become aware of any damage or defects. Further, I will return any borrowed item and will disclose any damage or defects that I become aware of during my use.
5. I will use any borrowed tool or piece of equipment for its intended purpose only.
6. I understand that eye and hearing protection should be worn while operating power tools.
7. I will take reasonable care when using borrowed tools and equipment and will return them in like condition.
8. I agree to return any borrowed tools or equipment within seven (7) days unless arrangements otherwise have been made with CM staff.
9. CM and its representatives claim no expertise and make no representation concerning the fitness of any tool or piece of equipment for any particular use.
10. I do hereby myself, on behalf of my successors and assigns, in consideration of being permitted to borrow tools and equipment, waive any and all claims against CM, its officers, employees, volunteers, agents, and elective boards for any injury or injuries of any nature that I may suffer or incur in the use of the tools or equipment, including damage to real or personal property, or the negligent or reckless storage of tools or equipment during the borrowing period.
11. I hereby for myself, on behalf of my successors and assigns, in consideration of being permitted to borrow tools and equipment, release CM, its officers, employees, agents, and elective boards for any claim, demand, or action, including negligence, for any injury, illness, death, property damage, loss or expense, including attorneys’ fees, I may suffer or that may result from use of borrowed tools or equipment wherever or however such loss may occur. I acknowledge and understand that I am releasing the above parties from all liability for any injury, illness, death, or property damage caused by my negligence.
12. I acknowledge, understand, and knowingly assume the risk associated with borrowing tools and equipment and know that these risks may at times result in injury, illness, death, or property damage. I further acknowledge that these risks include negligent emergency or medical care. Nonetheless, I assume all risks associated with my participation in the tool and equipment lending program whether known or unknown to me.
13. I acknowledge that this Release is intended to be as broad and inclusive as permitted by law and, if any provision of this Release is held invalid, the balance shall continue in full legal force and effect.
14. I understand that this Release shall be interpreted in accordance with the laws of the State of California. I agree that any dispute regarding enforceability of the Release shall be in filed in the courts of the State of California located in Yolo County and shall not be transferred to any other state. This Release may not be construed and interpreted for or against me and/or any related parties. All parties are aware that they are free to seek independent professional guidance or legal counsel regarding this Release.
ACKNOWLEDGEMENT
I HEREBY CERTIFY THAT I AM EIGHTEEN (18) YEARS OR OLDER; I HAVE READ THIS AGREEMENT AND RELEASE AND FULLY UNDERSTAND ITS CONTENTS. I UNDERSTAND THAT BY PAYING FOR MY CM LIBRARY OF THINGS MEMBERSHIP, I AM GIVING UP IMPORTANT LEGAL RIGHTS, AND I SIGN IT OF MY OWN FREE WILL.