User Agreement & Equipment Use Policy
Members must be age 18 or over to borrow Equipment from Brighton Borrowers.
Prior to borrowing Equipment, all Members must
(a) complete a Membership Application (either online or by giving details to Brighton Borrowers staff);
(b) confirm agreement with this User Agreement & Equipment Use Policy and the Borrowers' Liability Waiver and Indemnification Form below; and
(c) enter their debit/credit card details onto their account information on the Brighton Borrowers website.Brighton Borrowers staff and volunteers are available to assist in explaining operation of Equipment. However, by taking possession of any Equipment, the Member is certifying that he or she is capable of using that Equipment in a safe and proper manner. Borrowing items categorised as Power Tools requires signing a separate user agreement confirming that the Member has received, read and understood the appropriate user manual.
Only the Member borrowing the Equipment is authorised to use them. The Member shall not permit the use of Equipment checked out to him or her by any other person unless by the express permission of Brighton Borrowers.
All Equipment borrowed is to be returned to Brighton Borrowers on the specified Return Date. If Equipment is not returned on time Brighton Borrowers, at its discretion, may charge a Late Fee of up to £10/week (depending on the size/value of the item). The Member agrees that Brighton Borrowers may take Late Fees from their card each week that Equipment is overdue. Please contact us at info@brightonborrowers.co.uk if you will be unable to return an item on its due date to discuss alternative arrangements.
Members may extend the loan of Equipment if (a) the Member processes the loan renewal online or contacts Brighton Borrowers before or during our open hours on the day of the Return Date, and (b) no other Member has reserved the Equipment. Brighton Borrowers reserves the right to refuse or limit renewals. Brighton Borrowers will only be liable to you for loss or damage caused by our negligence in failing to tell you about a known fault. We will not be liable for faults of which we are not aware. Other than this Brighton Borrowers exclude all liability for death or personal injury caused by our negligence or breach of Contract.
The Member agrees that Brighton Borrowers is not responsible for any manufacturing defects in quality of workmanship or materials inherent in any borrowed Equipment. Each time you take Equipment out 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. The Member agrees that if any borrowed Equipment becomes unsafe or in a state of disrepair, he or she must immediately discontinue use of the Equipment and notify Brighton Borrowers.
If you are borrowing electrical equipment you must check the visible wires and plug for any damage before use. If you are using the Equipment outside, moving it about, or using it in circumstances where it may encounter water, anything sharp or other electrical wiring, you must use a circuit breaker.
All equipment must be returned in the same (or better) condition as they were issued, barring normal wear and tear. All Equipment must be returned clean. The Member agrees to pay for the loss of or damage to any Equipment and further agrees to accept Brighton Borrowers’s assessment of condition of Equipment and to further agree to Brighton Borrowers’s assessment of fair restitution for damage, dirtiness, delinquency, and/or loss of Equipment in part or in total. Brighton Borrowers reserves the right to withhold funds from the members card should the Equipment be deemed to have been lost or damaged while in the member’s possession. Brighton Borrowers reserves the right to refuse the loan of any Equipment at its discretion.
The Member agrees to having their bank card securely stored via encryption on our Stripe system within the MyTurn system on our website in order to process transactions and act as security deposit. Stripe has been audited by a PCIcertified auditor and is certified to PCI Service Provider Level 1. This is the most stringent level of certification available in the payments industry. If an item is not returned, we will contact you weekly for three weeks to remind you and arrange an alternative return date. If we have not had any contact from you after four weeks, or if we have not received the item back after six weeks, we will charge your card for the replacement value of the item. This charge may be refunded if we receive the item back within a month of the charge being made.
If Brighton Borrowers is not the owner of the Equipment and only facilitates contact between you and the Owner, Brighton Borrowers accepts no liability for the condition of any Equipment or any loss or damage resulting from your use of it.
If you borrow Equipment and with our agreement pass it on to another Member before it is returned to us and booked in, you remain liable to us for the return and condition of the object until it is returned to us. If you collect Equipment from another Borrower with our agreement, that will also be on the terms laid out in this document.
I affirm that the information that I have provided on the Membership Application is current, true, and correct. I understand that this information may be subject to verification.
I further state that I have read and fully understand the rules and regulations of Brighton Borrowers, 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 agree to the Waiver and Indemnification form, relinquishing any and all claims against Brighton Borrowers.
Definition and interpretations:
The following definitions and rules of interpretation apply in the above 'User Agreement & Equipment Use Policy' and the below 'Borrowers Liability Waiver & Indemnification' form.
Contract' - These terms, which form the contract between you, the 'Member' and us, 'Brighton Borrowers' for the loan of Equipment.
'Member' - A borrower of equipment from Brighton Borrowers. Includes a natural person, corporate or unincorporated body.
'Equipment' - The items listed in the Brighton Borrowers online catalogue, all substitutions, replacements or renewals of such equipment and all related accessories, manuals and instructions provided for it.
'Brighton Borrowers' - The Library of Things, a social initiative by Brighton Library of Things CIC, registered at 8 The Lindens, Canterbury Drive, Brighton BN2 3FZ.
'we', 'us', 'our' - Refers to Brighton Borrowers
'Membership Application' - Submission of our online sign-up form which includes full name, address, phone number and email address of the Member.
'Liability Waiver and Indemnification Form' - Statements the Member declares to agree to upon each borrow.
'Borrow' - The loan of Equipment by the Member from Brighton Borrowers for an agreed period of time.
'Late Fee' - A fiscal amount to be charged to the Member by Brighton Borrowers for return of Equipment later than the agreed Return Date.
'Return Date' - The date stated on the Member's transaction receipt email that the Equipment must be returned by.
'Owner' - A person other than Brighton Borrowers who owns an item in our catalogue.
Borrowers' Liability Waiver & Indemnification Form
Our Statement
The Equipment in our collection is for the use of Brighton Borrowers Members. Out of respect for future users, please take care of the Equipment you borrow and report any damage to Brighton Borrowers immediately. Though borrowers are responsible for damage that they have caused, we promise not to be angry. If you feel compelled to return them in better condition than when you borrowed them, that would be highly appreciated.
Your Statements
(READ THIS CAREFULLY AS YOU AGREE TO IT EVERY TIME YOU BORROW)
I am capable and experienced in using the Equipment I am borrowing and I will use the Equipment I am borrowing in a proper manner. I am aware that Brighton Borrowers, its partners, directors, officers, members, volunteers and employees claim no expertise and make no representation concerning the fitness of any Equipment for any particular use.
I, do hereby for myself, on behalf of my successors and assigns, waive any and all claims against Brighton Borrowers, 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 Equipment that I am borrowing from Brighton Borrowers except those caused by a defect known to Brighton Borrowers and not made known to me.
I agree to release and indemnify and hold harmless Brighton Borrowers, 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 Equipment I am borrowing from Brighton Borrowers.
I have read and fully understand the rules and regulations of Brighton Borrowers 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.