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Essex Library of Things Equipment Hire Agreement

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Tuesday 20 July 2021

The Items in the Essex Library of Things collection are for the use of Essex County Council Libraries members. Out of respect for future users, please take care of the Items you borrow and report any damage to Essex Library of Things immediately. You can do this by contacting Essex library service using this link.

Members are responsible for damage that they have caused: please do tell us immediately so we can work together to resolve the issue. Please return Items in clean and working condition.

Definitions

In this Equipment Hire Agreement, the following terms have the following meanings:

  • Essex Library of Things means Essex County Council Libraries when it loans Items.
  • he/him/his includes he/him/his, she/her/hers, they/them/their, and any other gender-specific or gender-neutral permutations.
  • Item(s): any piece of equipment or thing stocked and in accordance with this Equipment Hire Agreement.
  • Member: the member of the Essex County Council Libraries who is borrowing an item from Essex Library of Things.

Agreement and Liability Waiver

By borrowing from Essex Library of Things, the Member is agreeing to the following statements – READ THIS CAREFULLY EVERY TIME YOU BORROW ANYTHING

I am capable and experienced in using the Items I am borrowing and I will use the Items I am borrowing in a proper and safe manner with all relevant safety equipment. I am aware that Essex County Council, including Essex County Council Libraries, Essex Library of Things, its partners, directors, officers, members, employees, agents, and volunteers claim no expertise and make no representation concerning the fitness of any Item for any particular use.

I do hereby, for myself, on behalf of my successors and assigns, waive any and all claims against Essex County Council, including Essex County Council Libraries, Essex Library of Things, its partners, directors, officers, members, employees, agents, and volunteers for any injury or injuries of any nature that I may suffer or incur in the use of the Item that I am borrowing from Essex Library of Things except those caused by a defect known to Essex Library of Things which is not made known to me and that would not be apparent to a general member of the public with capacity to use the Item.

I release, indemnify, and hold harmless Essex Library of Things, its 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 Items I am borrowing from Essex Library of Things.
I have read and fully understand the Equipment Hire Agreement 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 affirm that the information that I have provided on the Essex County Council Libraries membership registration form is current, true, and correct. I understand that this information may be subject to verification.

By reserving an Item from Essex Library of Things, the Member acknowledges that he has read and agrees to this Equipment Hire Agreement.

Terms and Conditions

  1. The Member must be 18 years of age or older and a member of Essex County Council Libraries to borrow Items from Essex Library of Things.
  2. By taking possession of any Item, the Member is certifying that he is capable of using that Item in a safe and proper manner and will use relevant safety equipment.
  3. Only the Member is authorized to use Essex Library of Things Items. The Member shall not permit the use of Items checked out to him by any other person.
  4. The Member shall ensure that he is adequately insured for the use of the Item.
  5. The Member shall use the Item for his or her own personal use and shall not use the Item for any business purpose.
  6. Please try and return Items borrowed to Essex Library of Things as soon as possible on the return date to enable others to borrow on that day or for Essex Library of Things undertake any necessary actions with regard to making the Item ready to loan to the next person.
  7. Members may renew each Item borrowed from a static (non-mobile) library for a maximum of six times if (a) the Member contacts Essex Library of Things on or before the day of the Return Date, and (b) no other Member has reserved the Item. Essex Library of Things reserves the right to refuse or limit renewals. Items borrowed from a mobile library may not be renewed.
  8. Essex Library of Things will only be liable to the Member for loss or damage caused by any Essex Library of Things negligence in failing to tell the Member about a known fault which would not be apparent to a general member of the public with capacity to use the Item. Essex Library of Things will not be liable for faults of which Essex Library of Things is not aware and/or which would be apparent to a general member of the public with capacity to use the Item or which should otherwise be apparent or obvious to the Member. Essex Library of Things will only be responsible for damage or loss in respect of breach of contract, if at all, in the same circumstances and to the extent as set out in this clause 8. The Member understands and acknowledges that because Essex Library of Things is not a business, the risk to the Member may be greater than if the Member were paying to hire something or buy it.
  9. The Member agrees that Essex Library of Things is not responsible for any manufacturing defects in quality of workmanship or materials inherent in any borrowed Items. Each time the Member borrows an Item, the Member must check the Item visually before he takes it and make other checks for any faults that he may be able to identify before using it. The Member agrees that if any borrowed Item becomes unsafe or in a state of disrepair, he shall immediately discontinue use of the Item and notify Essex Library of Things.
  10. If the Member borrows electrical equipment, he must check the visible wires and plug for any damage before use. The Member may only use the Item outside or near water if the Item is intended for such purposes. Where Essex Library of Things provides a circuit breaker, the Member must use the circuit breaker provided by Essex Library of Things.
  11. Essex Library of Things may provide copies of or links to information about the use of Items borrowed. The Member agrees and acknowledges that Essex Library of Things is not the author of, nor is it responsible for, the content, completeness, or accuracy of any such information and the Member must satisfy himself that he is capable of using the Item in a safe and appropriate manner.
  12. All Items are to be returned in the same (or better) condition as they were issued, barring normal wear and tear. All Items must be returned clean. Essex Library of Things reserves the right to refuse the loan of any Item at its discretion.
  13. The Member confirms that he has read and agrees to the Equipment Hire Agreement.
  14. The Member confirms that he has read and agree with the privacy policy.

By reserving an Item the Member acknowledges that he has read and agrees to this Essex Library of Things Equipment Hire Agreement.

Find out more about the Essex library of things

Essex Library of Things homepage

Essex Library of Things frequently asked questions

BLUEPRINT website