MUNDELEIN TOOL LIBRARY MEMBERSHIP AGREEMENT
This Agreement (“Agreement”) is between Mundelein Tool Library (“MTL”) and the individual consenting to this Agreement (“Member”).
1. Membership. Membership is for a one-year period and may be renewed. MTL may request a donation or charge a fee to become a member or renew a membership. Member warrants that she or he is at least eighteen years old and meets geographic residence or other membership criteria of which Member has been informed. Member agrees to comply with all membership terms, conditions, policies and procedures. Member shall provide Member’s full name, address, phone number and e-mail address to MTL and timely update MTL of any changes to such contact information. A Member is in good standing unless Member violates MTL terms, conditions, policies or procedures, including those set forth in this Agreement. Membership terminates (a) upon notice by Member to MTL that she or he wishes to terminate membership, (b) upon Member’s death, (c) upon notice by MTL to Member. MTL may, in its discretion, terminate Member’s membership if Member is not in good standing. Upon termination of membership, the former Member or the former Member’s successor in interest shall immediately return all borrowed tools and pay all outstanding charges owed to MTL.
2. Borrowing and Using Tools. Only Members in good standing may borrow tools. Tools may be borrowed pursuant to procedures determined by MTL. Borrowed tools remain the property of MTL. MTL makes no representation or warranty as to a tool’s condition, safety or quality. MTL EXPRESSLY DISCLAIMS ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICLAR PURPOSE. Member may request a renewal of a loan pursuant to procedures authorized by MTL. MTL may, in its discretion, allow or disallow the renewal request. MTL may, in its discretion, allow advance reservations for tools pursuant to procedures determined by MTL. Member agrees that only she or he will use a borrowed tool and that the borrowed tool will not be lent to any other person or entity. Member will maintain the tool during the lending period (including but not limited to maintaining proper oil and/or lubrication levels, if applicable). Some tools may require special fuel mixtures, and MTL may require Member to purchase fuel from MTL in conjunction with borrowing the tool. Member will only use a borrowed tool as directed and will only use approved fuel for any tool requiring fuel.
3. Return of Tools. Member will return all borrowed tools by the original or renewal due date of the loan during MTL open hours. All tools will be returned clean and in the same condition as they were lent except for normal wear and tear. If, in the opinion of MTL, a tool is returned damaged or broken, MTL may, in its sole discretion, charge Member a repair fee, not to exceed 50% of the replacement cost of the tool. Member shall return borrowed tools by the due date. If Member does not return a tool by the due date, MTL may, in its sole discretion, charge Member a late return fee or charge Member for the replacement cost of the tool if Member does not return the tool after being notified that the loan is overdue. MTL may use any and all appropriate steps to retrieve delinquent tools and/or seek payment for unpaid fines and fees, including the use of a collection agency and/or legal action.
4. Safety. Member represents and warrants that she or he: (a) is knowledgeable about and skilled in the procedures for safe transportation, handing and usage of each borrowed tool; (b) will not borrow or use any tool for which Member lacks sufficient knowledge and/or skill to use the tool safely; (c) will only use a borrowed tool in a safe manner; (d) will not remove any operational or safety information from tools; (e) will inspect a tool carefully for safety and Member’s ability to use the tool safely before borrowing it; and (f) will cease using the tool and notify MTL if Member perceives a tool to be unsafe. Member agrees that MTL is not responsible for any defects in design, quality of workmanship, materials or maintenance of borrowed tools.
5. Liability Waiver, Assumption of Risk and Indemnity. In consideration for the privileges of becoming a member of MTL, including the right to borrow tools from MTL, Member waives, release and forever discharges and holds harmless MTL, together with its past, current and future directors, officers, employees, managers, members, volunteers, contractors, landlords, insurers, agents, parents, subsidiaries, affiliates, successors and assigns (“Related Entities”) from all past, current and future liability, claims, complaints, lawsuits, and demands of any kind or nature, in law or in equity, known or unknown, that Member has had, currently has or may in the future have related to any tool loaned by or in inventory at MTL, including the transportation or use of the same. Member understands and acknowledges that this waiver and release discharges MTL and Related Entities from any liability or claim that Member may have against MTL and Related Entities, including but not limited to liability or claims with respect to bodily injury, personal injury, illness, death, the provision of first-aid or emergency medical treatment and/or property damage. Member also understands that MTL and Related Entities do not assume any responsibility for or obligation to provide financial assistance or other assistance, including but not limited to medical, health or disability insurance. Member agrees that tools in inventory at or loaned by MTL may be dangerous, may be in disrepair, may include toxic chemicals or other dangerous materials or components. Member further agrees that MTL has no duty to supervise or instruct with regard to the transportation, handling or use of a tool. Member expressly and specifically assumes the risk of injury or harm pertaining to all tools loaned by or in inventory at MTL and waives and releases MTL and Related Entities from all liability, claims, complaints, lawsuits, and demands as stated above. Member expressly intends that this waiver and assumption of risk shall bind the members of Member’s family Member’s spouse, if Member is alive, and Member’s estate, family, heirs, administrators, executors, personal representatives, or assigns, if Member is deceased, and shall be deemed as a release of the above-named parties. Member further agrees to save and hold harmless, indemnify, and defend the released parties from any claim by third parties arising out of, or in connection with, my borrowing, use, or transportation of the tools borrowed from MTL.
6. Dispute Resolution. Any claim between Member and MTL shall be resolved by binding arbitration conducted by the American Arbitration Association pursuant to the American Arbitration Association’s rules then in effect. Any such arbitration shall be confidential. The prevailing party in any such preceding shall be awarded its costs, expenses and reasonable attorneys’ fees.
7. Governing Law; Severability; Integration; Third Parties. This Agreement is governed by the laws of the State of Illinois without regard to any conflicts-of-law principles. If any portion of this document is held as not enforceable or valid, the remaining portions shall remain in full force and effect. This Agreement constitutes the entire agreement between the parties, and all past representations, understandings and agreements are superseded by this Agreement. This Agreement is for the benefit of the parties referred to herein (including Related Entities) and is not for the benefit of other parties.
8. Modifications. MTL’s board of directors may, from time to time, in its sole discretion, modify the terms of this Agreement and/or MTL’s policies or procedures. Any such modifications are binding on Member.
9. Execution by Electronic Consent. Member agrees to execute this Agreement by expressing consent electronically, and by doing so agrees that this Agreement is valid and binding on Member.
January 2024
