Members’ Agreement and Membership Terms
Exmouth Library of Things will be referred to as “LoTE” for the purpose of this Agreement. These terms and conditions are in place to ensure that LoTE operates fairly and with respect for all those in our community that make use of it. Out of respect for future users, please take care of items you borrow and report any damage immediately. If at any time you are determined to not be respecting this agreement in full then we reserve the right to terminate your membership with immediate effect.
We welcome feedback about your experience with using LoTE. Please do this by emailing us at address given above or pop in to see us at Exmouth Methodist Church (Littlemead) during published opening hours.
HOW TO JOIN UP
To become a member of LoTE you must:
Be aged 18 or over.
Give your personal details – your full name, current address and a valid email address - for use on our membership and library software.
Have your identity and residence confirmed by a LoTE member of staff or volunteer before you first use the library by presenting a valid photo ID and a second form of identification that is dated within the last three (3) months that shows proof of your address.
Pay your annual membership fee.
Agree to this Members’ Agreement and our Liability Waiver and Indemnification policy.
LoTE reserves the right to refuse any application for membership at the discretion of our staff.
HOW TO REMAIN A MEMBER
You must ensure that address details held by the LoTE are kept up-to-date.
At LoTE we are committed to protecting your privacy and to being transparent about how we collect and use it. More information about our privacy policy can be found on our website.
You agree to use the LoTE library software, to manage your borrowing.
To continue borrowing things you will need to pay your annual membership fee before or at the time it becomes due.
You must abide by the terms and conditions as set out in this Membership Agreement.
HOW TO BORROW THINGS:
Things must be reserved and renewed through the library software, either by you independently or with assistance from a member of the LoTE team. All reservations will be confirmed by email.
Any reserved item that is not collected by the end of the day that LoTE is open will be returned to active stock status.
All things will be lent for a minimum period of one (1) week.
LoTE staff will, wherever possible, explain the operation of borrowed things and direct members to where digital copies of any available manuals can be viewed online.
You may renew each thing a maximum of two (2) times if renewed before its due date and it has not been reserved by another member. LoTE reserves the right to refuse or limit renewals and will do so based on demand.
LoTE reserves the right to refuse the borrowing of any thing or the number of items borrowed at its discretion.
You must cancel unneeded reservations in good time. If you no longer need to borrow an item or cannot fulfil or collect a reservation, you should cancel it as soon as possible so that it then becomes available to other members.
You agree to pay fees promptly. Any outstanding payments on your account must be paid in full before reserving and borrowing additional things.
LoTE is not responsible for any manufacturing defects in quality of workmanship or materials inherent in any borrowed thing. Each time you borrow an item you must check it visually before you take it, and make other checks for any faults that you may be able to identify before using it.
LoTE reserves the right to change these terms and conditions at any time, and you agree to abide by the most recent version of this Agreement each time you borrow from LoTE.
HOW TO USE THINGS:
By taking possession of any item you are certifying that you are capable of using that item in a safe and proper manner and will use appropriate safety precautions and Personal Protective Equipment when using it, including but not limited to, eye protection, ear protection, gloves and appropriate footwear.
Only you, as a LoTE Member, or your nominated household secondary member are authorised to use the borrowed thing. You must not permit any other person to use it unless by express permission of LoTE staff.
You agree that if any borrowed thing becomes unsafe or in a state of disrepair that you will immediately stop using the item and notify LoTE.
If you have borrowed electrical equipment you must check the visible wires and plug for any damage before using it. You must also use it with a circuit breaker if you are using the item outside, moving it about, or using it in circumstances where it may encounter water, anything sharp or other electrical wiring.
LoTE will only be liable to you for damage caused by our own negligence in failing to tell you about a known fault. We will not be liable for faults of which we are not aware of. Other than this LoTE exclude all liability for death or personal injury caused by our negligence or breach of contract.
HOW TO RETURN THINGS:
You agree to return all borrowed things on time so that the next member isn’t kept waiting. Items must be returned by 11:00am on the stated return date. Borrowed things can only be returned during opening hours. Please contact us immediately if you have a problem in returning the item.
You agree to accept that, in an effort to maximize availability of items to all Members, the LoTE will email you a reminder when a borrowed item’s return date is approaching. If any thing is then not returned by its designated due date the LoTE will issue an overdue notice by email. Appropriate steps will be taken to retrieve the item if it is not returned after this notice has been sent and you will be charged a Late Return Fee and possible recovery costs – see clauses 5(c) and 5(h).
You will be charged a Late Return Fee, about which you will be notified by email, if a borrowed thing is not returned on time. This late fee will be £10 per rental period for each item not returned whether the LoTE is open or not. If you do not return the item after one week of the stated return date, the thing will be considered a ‘non-return’, i.e. that you have defaulted on your obligation to return it to LoTE, and you may be charged the full replacement cost of a new item.
All borrowed items must be returned clean and in working condition. We reserve the right to charge you a cleaning fee of £5.00 if a thing is returned in a state that would in our opinion result in an unpleasant experience for the next member.
You agree to accept LoTE’s assessment of the condition of returned things and any fair compensation for damage, mis-use, delinquency, and/or loss of any item in part or in total. This restitution amount could equal the replacement cost of the item plus any handling and processing fees.
We reserve the right to charge for the loss of or damage to any item whilst it is in your possession. Accidents do happen, however, so we promise not to be angry if you return a thing that has suffered damage. To ensure the safety of members please do inform us of any damage observed. Should you feel compelled to return an item in even better condition than when you borrowed it that will be very much appreciated.
LoTE reserves the right to use appropriate steps to retrieve non-returned things or unpaid fees and costs, including the use of a collection agency and/or legal action and to charge you the cost of any such action. However, LoTE also reserves the right to forgive fees due to special circumstances.
LEGAL STUFF:
PLEASE READ THESE LIABILITY WAIVER AND INDEMNIFICATION CLAUSES CAREFULLY , THEY APPLY EVERY TIME THAT YOU BORROW ANY THING
I am capable and experienced in using the items I am borrowing, and I will use these items in a safe and proper manner. I warrant that I have no mental or physical incapacity that affects my ability to use any borrowed item safely.
I am aware that the Exmouth Library of Things (herein referred to as LoTE), its partners, directors, officers, members, employees and volunteers claim no experience and make no representation concerning the fitness of any item for any particular use.
I understand that I am solely responsible for ensuring that the tools and/or equipment that I borrow are used for the purpose for which it is/they are intended, and that I will do so in line with the manufacturer’s instructions to which I have been referred by LoTE.
I agree to release and indemnify and hold harmless LoTE, 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 or possession of items I am borrowing from LoTE.
I do hereby for myself on behalf of my successors and assigns waive any and all claims against LoTE, its officers, agents, employees 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 LoTE except those caused by a defect known to LoTE and not made known to me.
I have read and fully understand and agree to the rules and regulations of LoTE, and I understand that failure to comply with any of these rules and regulations 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 Registration Form is current, true and correct. I understand that this information may be subject to verification.
IN SHORT: I’m responsible for how I use what I borrow and I won’t blame the AWESOME team behind LoTE for what I do with the items
MEMBER APPLICATION FORM:
By completing the Membership Application Form on our website you confirm that you have read, fully understand and accept the following:
The Liability Waiver and Indemnification clauses (a) to (g) as set out in Section 6 (LEGAL STUFF) of this Membership Agreement.
The general terms and conditions of membership of LoTE as set out in Sections 1 to 5 of this Membership Agreement.
The Exmouth Library of Things takes the privacy of our members’ data seriously and we will only use your personal information for LoTE administration purposes and for communicating with you about your membership and informing you about changes and new items that are available to borrow. Only the directors, staff and volunteers of LoTE will be able to access your information. We will never share or sell your data without your express permission.
Please contact libraryofthings-exmouth@outlook.com if you wish your personal information to be erased completely from our records.
