Tool Share

I hereby agree to the following terms and conditions applicable to my participation in Tool Share:

1.  Borrower must be age 18 or over to borrow tools from Tool Share.

2.  Prior to borrowing tools, Borrower must (a) sign the Tool Share Release, a copy of which shall be provided with this application; (b) sign this Tool Share Membership Agreement & Tool Use Policy; and (c) provide proof of a valid Volusia County License or proof of residence in Volusia County.

3.  By taking possession of any tool, the Borrower is certifying that he or she is capable of using it in a safe and proper manner.

4.  Only the Borrower is authorized to use Tool Share tools. The Borrower shall not permit the use of tools checked out to him or her by any other person. It is the sole responsibility of the Borrower to ensure no unauthorized person uses the Tool Share tools.

5.  Tool Share is open for use on Wednesday and Saturday during specified hours. Standard rental period is seven days. All tools borrowed must be returned to Tool Share by close of business on the assigned due date.  Days and hours are subject to change.

6.  If a tool is returned late, the Borrower is responsible for a late fee. This late fee is $1 per day. Tool Share may replace severely delinquent tools, not returned within 30 days of the due date, holding the Borrower responsible for the full replacement cost. Any outstanding fines must be paid in full before Borrower may borrow additional tools. Tool Share reserves the right to change the late fee and cap at any time in the sole discretion of Tool Share.

7.  Tool Share 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 Borrower with the costs of any such action, including reasonable attorney’s fees and costs. Tool Share also reserves the right to forgive fees due to special circumstances.

8.  Borrowers may renew each tool rental once if no others have reserved the tool. Tool Share reserves the right to refuse or limit renewals and will do so based on demand.

9.   The Borrower agrees that Tool Share is not responsible for any manufacturing defects in quality of workmanship or materials inherent in any borrowed tools.

10.  The Borrower 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 Tool Share of the issue on return, if not earlier.

 11.  All tools are to be returned in the same (or better) condition as they were issued, excluding normal wear and tear. All tools must be returned clean. The Borrower agrees to pay for the loss of or damage to any tool and further agrees to accept Tool Share’s assessment of condition of tools and to further agree to Tool Share’s assessment of fair restitution for damage, dirtiness, delinquency, and/or loss of tools in part or in total. This restitution amount could equal the full replacement cost of the tool. Borrowers who do not pay replacement costs are banned from checking out further tools.

12.  Tool Share reserves the right to refuse the loan of any tool at its sole discretion.

13.   Tool Share reserves the right to alter or amend any of the rules, terms, or conditions included in this Membership Agreement in its sole discretion.

14.  I affirm that the information that I have provided on this Tool Library Membership Agreement & Tool Use Policy is current, true, and correct. I understand that this information may be subject to verification.

I have read, fully understand, and agree to the rules and regulations of Tool Share contained herein and I understand that failure to comply with any of these rules may result in revocation of my borrowing privileges. I have read and signed the Tool Share Release relinquishing any and all claims against Tool Share

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

I state that I am capable and experienced in using the tools I am borrowing, that I will use the tools I am borrowing in a proper manner, and that I will only use the tools in a manner for which they are designed.

I agree that I will not allow any other individual to use any tool I borrow from Tool Share. I understand that it is solely my responsibility to ensure I am the only individual using the tools. I further understand that Tool Share, Inc. is not responsible for any injuries or damage resulting from the use of any tools by any unauthorized person.

I agree to release Tool Share from any liability of any kind for any and all damages arising out of any loss or injury resulting from my participation in Tool Share, including, but not limited to, the use of any facilities or equipment made available Tool Share. THIS RELEASE INCLUDES A RELEASE FOR ANY AND ALL LOSSES OR INJURY ARISING OUT OF ANY ACT OR OMISSION OR NEGLIGENCE OF TOOL SHARE, ITS OFFICERS, AGENTS, EMPLOYEES, MEMBERS AND VOLUNTEERS SPECIFICALLY CONCERNING OR ARISING OUT OF TOOL SHARE’S OPERATION OF TOOL SHARE, INCLUDING BUT NOT LIMITED TO ANY DEFECT IN THE TOOLS OR ANY MISUSE OF THE TOOLS.

I hereby for myself, and on behalf of my successors and assigns, in consideration of being permitted to borrow tools, agree to release, indemnify, and hold harmless Tool Share, 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 Tool Share. I am aware that Tool Share, its officers, agents, employees, members and volunteers claim no expertise and make no representation concerning the fitness of any tool for any particular use. Nothing contained herein shall be construed as a waiver of any immunity or limitation of liability Tool Share may be entitled to under section 617.0604 and 617.0834 Florida Statutes.

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 Tool Share 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 this Release, relinquishing any and all claims against Tool Share, its officers, agents, employees, members and volunteers.

I affirm that by signing Release, I fully understand and acknowledge that I am relying wholly upon my own judgement, belief, and knowledge of the circumstances involved in my participation in Tool Share and the use of any tools I may borrow, and that I have read this statement, understand its contents, and voluntarily execute it of my own free will and choice.