Asheville Tool Library

Liability Waiver

The tools in our collection are for the use of Asheville Tool Library, Inc. (“the Library”). members. Out of respect for future users, please clean any tools you borrow before returning them and report any damage to the Library immediately.

I state that I am capable and experienced in using the tools I am borrowing, and that I will use the tools I am borrowing in a proper manner.

I do hereby for myself, on behalf of my successors and assigns, in consideration of being permitted to borrow tools, waive any and all claims against the Library and City Transmission, and their officers, agents, volunteers and employees for any injury or injuries of any nature that I may suffer or incur in the use of the tools that I am borrowing from the Library. IN SUMMARY, BY MY SIGNATURE BELOW, I ACKNOWLEDGE THAT IF I AM INJURED IN ANY WAY, THIS WAIVER PREVENTS AND PROHIBITS ANY RECOVERY OF MONEY FROM ASHEVILLE TOOL LIBRARY, TMCR REAL PROPERTY LLC, CITY TRANSMISSION, AND THEIR officers, agents, volunteers and employees.

I hereby for myself, on behalf of my successors and assigns, in consideration of being permitted to borrow tools, agree to release and indemnify and hold harmless the Library, TMCR real Property LLC, City Transmission, and their 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 of tools I am borrowing from the Library. I am aware that the Library, its partners, directors, officers, members, volunteers and employees claim no expertise and make no representation concerning the fitness of any tool for any particular use. I affirm that the above information is current, true and correct and may be subject to verification. I further state that I have read and fully understand the rules and regulations of the Library 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, relinquishing any and all claims against The Asheville Tool Library, TMCR REAL PROEPRTY LCC, City Transmission, AND THEIR officers, agents, volunteers and employees.

By checking here, you are consenting to the use of your electronic signature in lieu of an original signature on paper. You have the right to request that you sign a paper copy instead. By checking here, you are waiving that right. After consent, you may, upon written request to us, obtain a paper copy of an electronic record. No fee will be charged for such copy and no special hardware or software is required to view it. Your agreement to use an electronic signature with us for any document will continue until such time as you notify us in writing that you no longer wish to use an electronic signature. There is no penalty for withdrawing your consent. You should always make sure that we have a current email address in order to contact you regarding any changes, if necessary.

Membership Agreement & Tool Use Policy

1. Members must be age 18 or over to borrow tools from Asheville Tool Library, Inc. (“the Library”).

2. Members agree to pay an annual sliding scale membership fee of $50-$150. We want the Library to be accessible to all community members so please inquire about alternative ways to become a member. No one will be turned away strictly due to lack of funds.

3. Prior to borrowing tools, all Members must:

(a) create an account at ashevilletoollibrary.myturn.com

(b) sign the Liability Waiver

(c) sign this tool policy form

(d) provide two (2) forms of identification, one must be a photo ID

(e) have their picture taken

(f) pay the annual membership fee.

4. Library staff is available to assist in explaining basic operation of tools. However, by taking possession of any item, the Member is certifying that he or she is capable of using that item in a safe and proper manner and agrees to only use the item for its intended use.

5. Only the Member is authorized to use Library tools. The Member shall not permit the use of items checked out to him or her by any other person unless by the express permission of the Library.

6. The member may be responsible for providing any “accessories” necessary. For example we will not routinely supply sandpaper for sanders or screws with drills etc. We will do our best to have a variety of drill bits, routers bits, etc available and keep sharp blades in the saws. We kindly request if you put a lot of wear on an item such as a bit or a blade you consider replacing it or making a small donation so we can keep the tools available for the community.

7. All tools borrowed are to be returned to the Library by close of business on their due date. We request you try to return the item as close to the time we open as possible so they can be available to other members. Tools may only be returned during the Library’s open hours.

8. If a tool is returned late, the Member will be responsible for a late fee. This late fee will be $1-5 per day depending on the tool for every day until the tool is returned. Late fees are capped at the full replacement cost of the tool plus a $10 per tool administrative fee. The Library may replace severely delinquent tools after member notification attempts have failed, holding the member responsible for the full replacement cost plus a $10 administrative fee. Fines must be paid in full before borrowing additional items.

9. The Library 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 Member with the cost of any such action. The Library also reserves the right to forgive fees due to special circumstances.

10. All tools will be rented on a first come basis. The Library reserves the right to make some tools unavailable on certain dates in order to support large community events.

11. The Member agrees that the Library is not responsible for any manufacturing defects in quality of workmanship or materials inherent in any borrowed tools.

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

13. All tools are to be returned in the same (or better) condition as they were issued, barring normal wear and tear. All tools must be returned CLEAN.​ The Member agrees to pay for the loss of or damage to any item and further agrees to accept the Library’s assessment of condition of items and to further agree to the Library’s assessment of fair restitution for damage, dirtiness, delinquency, and/or loss of items in part or in total. This restitution amount can equal the full replacement cost of the item plus a $10 administrative fee.

14. The Library reserves the right to refuse the loan of any item at its discretion.

15. I affirm that the information that I have provided on the Membership Application is current, true, and correct. I understand that this information may be subject to verification.

16. I further state I understand that failure to comply with any of these above mentioned items may result in revocation of my membership. I have read and signed a Waiver and Indemnification form, relinquishing any and all claims against The Asheville Tool Library, TMCR Real Property LLC and City Transmission.

By checking here, you are consenting to the use of your electronic signature in lieu of an original signature on paper. You have the right to request that you sign a paper copy instead. By checking here, you are waiving that right. After consent, you may, upon written request to us, obtain a paper copy of an electronic record. No fee will be charged for such copy and no special hardware or software is required to view it. Your agreement to use an electronic signature with us for any document will continue until such time as you notify us in writing that you no longer wish to use an electronic signature. There is no penalty for withdrawing your consent. You should always make sure that we have a current email address in order to contact you regarding any changes, if necessary.