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I, user of Brisbane Tool Library Inc, acknowledge that I am over 18 years of age, I am capable and experienced in using the items I am borrowing from the Brisbane Tool Library Inc, and that I will use the items I am borrowing in a proper manner.
2. I acknowledge and agree that use of items 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 Brisbane Tool Library Inc Equipment 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 Brisbane Tool Library Inc Equipment.
3. I acknowledge that the Brisbane Tool Library Inc and its officers, committee members, employees, agents, contractors, successors and assigns (“Brisbane Tool Library Inc. 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 Brisbane Tool Library Inc items. I acknowledge and agree that the Brisbane Tool Library Inc and the Brisbane Tool Library Inc Representatives do not make any warranty that the items 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.
4. I agree to indemnify and keep indemnified the Brisbane Tool Library Inc and the Brisbane Tool Library Inc Representatives against any present or future claim, loss, liability, damage, cost or expense which may be incurred by the Brisbane Tool Library Inc or any or all of the Brisbane Tool Library Inc 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 Brisbane Tool Library Inc items.
5. 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.
6. The User shall pay the Owner (Brisbane Tool Library Inc) full compensation for replacement for replacement and/or repair of any equipment which is not returned because it is lost or stolen or any equipment which is damaged and in need of repair to put it into the same condition it was in at the time of borrowing, rental, normal wear and tear excepted. The Owner’s invoice for replacement or repair is conclusive as to the amount User shall pay under this paragraph for repair or replacement.
9. User(s) indemnifies and holds OWNER harmless for all injuries or damage of any kind for repossession and for all consequential and special damages for any claimed breach of warranty.
10. Restrictions on Use. User(s) shall not:
a) permit the Equipment to be used by any person who is not authorized to use such Equipment;
b) operate or use the Equipment or permit it to be operated or used in violation of law;
c) operate or use the Equipment or permit it to be operated or used to commit a violation of law; and/or
d) operate, use, maintain or store the Equipment in a manner likely to cause damage to the Equipment.
11. User(s) shall pay other charges in accordance with this Agreement due upon return of Equipment, to the fullest extent allowed by law, including but not limited to:
a) charges for optional services, if any;
b) applicable taxes;
c) loss of, or damage or repair to the Equipment, loss of use, diminution of the Equipment’s value caused by damage to it or repair to it, and costs to enforce such charges including administrative fees for processing the claim and legal expenses
d) unless due to the fault of Owner, all fines, penalties, court costs and other expenses relating to the Equipment assessed against Owner or the Equipment during the rental Term;
e) all expenses Owner incurs due to Renter’s failure to return the Equipment including costs in locating and recovering the Equipment; and
f) all costs incurred to collect unpaid monies due.
12. I, user of Brisbane Tool Library Inc, 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 Brisbane Tool Library Inc; and I understand that failure to comply with any of these rules may result in revocation of my borrowing privileges.
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