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I have read and accept the following:

Bendigo Tool Library - Deed of Release from Liability
Bendigo Tool Library Borrowing Rules

Bendigo Tool Library - Deed of Release from Liability

I acknowledge that I am over 18 years of age, I am capable and experienced in using the tools I am borrowing from the Bendigo Tool Library (hereafter “BTL”), and that I will use the tools I am borrowing in a proper manner.
I acknowledge and agree that use of tools borrowed by me may be dangerous and could result in accidents happening. I acknowledge and agree that there is a possibility of an accident causing injury, death or property damage or loss and my use of any BTL tools is at my own risk. I hereby assume, to the extent permitted by law, all risks of loss, damage or injury (including death) which may be sustained by me which is in any way connected with my use or loan of any BTL tools.
I acknowledge that the BTL and its officers, committee members, employees, agents, contractors, successors and assignees (“BTL Representatives”) will not be liable for any present or future claim, loss, liability, damage, cost or expense (whether arising under statute, from negligence (but excluding gross negligence), personal injury, death, property damage or infringement of third party rights or otherwise) that arises as a result of any act, matter or thing done, permitted or omitted to be done which is in any way connected with my use or loan of any BTL tools. I acknowledge and agree that the BTL and the BTL Representatives do not make any warranty that the tools provided will be fit for the purposes for which they are supplied. I acknowledge that, to the extent that any warranty is implied it is excluded to the full extent permitted by law.
I agree to indemnify and keep indemnified the BTL and the BTL Representatives against any present or future claim, loss, liability, damage, cost or expense which may be incurred by the BTL or any or all of the BTL Representatives as a result of any act, matter or thing done, permitted or omitted to be done by me or which is in any way connected with my use or possession of any BTL tools.
I acknowledge and agree that a term (or part or parts thereof) of this release and indemnity will not apply where the term contravenes the law of the relevant jurisdiction under which any legal action is legitimately taken, however such terms (or part or parts thereof) are severable and do not invalidate the remaining terms.
I affirm that the above information is current, true and correct; that I have also read and fully understand and agree to the Borrowing Rules of the BTL; and I understand that failure to comply with any of these rules may result in revocation of my borrowing privileges.

Bendigo Tool Library Borrowing Rules

Bendigo Tool LibraryBorrowing Rules

1. MEMBERSHIP

1.1 “Borrowers” must be over the age of 18 years to borrow tools from the Bendigo Tool Library (BTL).

1.2 Borrowers must register with BTL prior to borrowing tools. Registration includes the completion of an application form and verification of the Borrower's identity. Verification is accomplished by presenting their current photo ID together with an additional proof of address (issued within the previous 3 months and displaying the same address).

1.3 Borrowers are only entitled to borrow tools from BTL while they maintain a fully paid membership of BTL. Membership fees are set out on the BTL website (bendigoshareandrepairshed.org). Borrowers should review the BTL website prior to renewing their membership for information on possible membership fee changes.

1.4 The Borrower may not borrow any tools until they have signed or electronically accepted the “Bendigo Tool Library - Deed of Release from Liability”.

1.5 BTL retains the right to refuse to lend tools to any person for any reason other than contrary to Australian law.

2. BORROWING TOOLS AND RETURN OF TOOLS

2.1 BTL will be open for Borrowers to borrow and return tools at the times set out on the BTL website (bendigoshareandrepairshed.org), however, these opening times are subject to change at BTL’s sole discretion.

2.2 Borrowers may borrow up to four tools (or sets of tools) at one time.

2.3 Tools may only be returned during BTL’s opening hours as set out on our website.

(a) Tools borrowed on a Saturday must be returned by the following Saturday.

(b) Tools borrowed on a Thursday must be returned by the following Thursday.

2.4 Renewals may be possible; however, Borrowers must be prepared to return all items by the return times set out in clause 2.3 above (“Return Date”). BTL reserves the right to refuse or limit renewals and may do so at its discretion.

2.5 If any tools are not returned by the Return Date, BTL will issue an overdue notice. If the tools are not returned promptly, appropriate steps will be taken to retrieve them, including the use of a collection agency and/or legal action.

2.6 Borrowers must pay the following late fines for each item kept past the Return Date:

(a) $1.00 / day / tool for hand tools; and

(b) $5.00 / day / tool for power tools.

For the purpose of calculating late fees, a “day” is a day on which the BTL is open for lending (currently Thursday and Saturday, so 2 days in a week).

2.7 At its discretion, BTL may refuse to allow any further borrowing until fines are paid.

2.8 Immediately upon request from BTL the Borrower must pay:

(a) the price charged to BTL for any tool which, for whatever reason, is not returned to BTL;

(b) all costs incurred in cleaning any tools which are returned in an unclean state;

(d) any fines payable pursuant to clause 2.6; and

(e) all costs incurred by BTL in recovering possession of any tools (including legal costs).

3. USE OF TOOLS

3.1 Only the Borrower is authorised to use BTL tools. The Borrower must not permit any BTL tools to be used by any other person unless with the express written permission of BTL. The Borrower must not part with possession of any BTL tools they have borrowed.

3.2 The Borrower agrees that if any borrowed tool becomes unsafe or in a state of disrepair, they will immediately discontinue use of the tool and notify BTL of the issue on return, if not earlier. The Borrower must not attempt to repair or tamper with any BTL tool.

3.3 The Borrower agrees:

(a) to satisfy themselves prior to borrowing the tools that they are suitable for the Borrower’s intended purpose;

(b) to operate the tools safely, strictly in accordance with Australian law, only for its intended use, and in accordance with any manufacturer’s instructions provided with or on the tools (if available);

(d) to conduct a thorough hazard and risk assessment before using the tools; and

(e) to return the tools in a clean state and in good repair.

4. CHANGE OF RULES

4.1 The Borrower should check the BTL Website prior to borrowing any BTL tools for any changes to these Borrowing Rules. You may also be asked to agree to any changes in the future before borrowing. However, BTL agrees that changes to these Borrowing Rules will not apply with respect to a loan period commenced prior to the date the rule change took place.

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