The Makers Hub

 The Makers Hub (TMH)-Tool Library and Makerspace Member’s Makers Pledge

As Members of the Tool Library, we are a community of Makers who share tools. When we borrow tools, we care for and use them as if they were our own. TMH manages and maintains the inventory. Before borrowing any tools, all members must register on the myturn.com app, where they will select a membership type, sign the Makers Pledge, sign the Liability Waiver and Media Release, upload or provide a government-issued ID (Or sponsorship). Members are welcome to come to the Tool Library, and we will assist you! Looking forward to serving you!

The Makers Hub Team

AS A MEMBER:

1. Responsible Borrowing: I’m over 18 years old and certify that only I will use the tool. I am in charge of looking after the borrowed tools; I do not loan or sell them. I take care of the tools, so there is always plenty for the community to share.

2. Return with Care: When it's time to return the borrowed tools, I make sure they're back before the close of business of the due date and in the good or better condition I received them. If I don’t want to clean them, TMH will clean them for a fee. (Based on how long it will take to clean). If I’m late returning the tool, I’m aware that I may be charged a late fee.

3. Tools Borrowed: I can not borrow tools, if I have outstanding tools that have not yet been returned.

4. Late Fees: I understand that some memberships have late fees. Late fees are capped at the replacement value of the tool. Depending on the demand and value of the tool, late fees range from $.50 to $10. For example, a shovel is a $1 late fee, while a saw might be $5. Larger and higher-demand tools could be up to $10. Late fees will be explained to me before I check out the tools. Membership can be revoked if the tool is more than one month late.

5. Safety First, Always: I will follow manufacturer safety instructions. TMH wants everyone to have fun but safely! If the tool becomes unsafe or in disrepair, I will stop using it and return it to the Tool Library.

6. Tool Operations: Tool Library staff is available to explain the general operation of the tool. However, by borrowing the item, I certify that I’m capable of using it safely and properly.

7. Reserving Tools: I can download the MyTurn app to view what tools are currently available and reserve them. I can make one reservation at a time (see membership types for the number of tools that can be borrowed), which allows more neighbors to borrow. If I need the tools for an additional week, I will call in to check with the Tool manager if the tool is available or already reserved by someone else.

8. Tools with Parts: Some tools have removable parts. Small parts and attachments are in a pouch with a list of parts. I will make sure all the parts are returned with the tool so the next member can enjoy them, too.

9. Broken Tools: If a tool or part of a tool breaks, I will return it, let the Tool Manager know, and see if it's repairable or replaceable. I’m welcome to help with the cost of repair or replacement so the community can enjoy it, but it is not required.

10. Not Included with the Tools: TMH tools do NOT come with perishables like sandpaper, blades, or bits. They do have some on hand that I can borrow, but there is no guarantee that it is the kind I will need for my project.

11. Sharing Wall: As a member, I can take perishables, connectors, or project leftovers from the Sharing Wall. I can also contribute so other members can get their projects done, help each other, and reduce waste. The items on the sharing wall were donated by members and donors. I will only take what I need. A donation fee of $1/lb is requested. Some larger items may have a small donation fee attached to them.

12. Loan or Membership Refusal: I understand that The Makers Hub can refuse to loan me a tool at its discretion or terminate or refuse to renew my membership if I don’t honor the terms of this agreement.

13. Retrieval of Delinquent Tool: I understand that The Makers Hub reserves the right to use appropriate steps to retrieve delinquent tools or unpaid fees, including charging the credit card on file, using a collection agency or legal action. The Makers Hub also has the right to forgive fees due to special circumstances. As a member, I agree to the terms above.

As a member, I agree to the terms above:

THE MAKERS HUB - TOOL LIBRARY – RELEASE AND WAIVER OF LIABILITY[1]

This Release and Waiver of Liability is being executed by the Participant named above, on the date set forth opposite the Participant’s signature below, in favor of The Makers Hub - Tool Library (“Tool Library”) and the other persons and entities listed in paragraph 4(a) below.  

I, the Participant, wish to use tools I borrow from the Tool Library.   In exchange for being allowed to do so, I hereby freely, voluntarily, and without duress execute this document and agree to the following terms: 

1. I state that I am capable and experienced in using the tools I borrow and will use them properly.  I agree to do all of the following while operating tools I obtain from The Makers Hub Tool Library:

1. Take all reasonable precautions for my safety and the safety of others.
2. Immediately discontinue using the tool and notify Tool Library Staff if it becomes unsafe or in disrepair.
3. Take all safety training that is a prerequisite for working with specific tools.
4. Return any tool/equipment I use in no worse condition than when I received it.
5. Immediately advise a Tool Library employee of any dangerous or unsafe behavior I observe with any Tool Library tool, equipment I borrow, or in Tool Library spaces.
6. Always wear safety goggles, close-toed shoes, proper clothing, and ear protection when necessary.
7. Refrain from using alcohol and/or illegal drugs when using any Tool Library tool/equipment.

 2. I acknowledge, understand, and agree to the following:

1. If I engage in behavior that Tool Library staff/volunteers deem inappropriate, including but not limited to unsafe use of Tool Library tools, my Tool Library membership may be permanently revoked, with no right to any refund.

1. If I misuse or damage any tool or equipment borrowed from the Tool Library, I am responsible for replacing it. If a tool is broken in my care, I will notify a Tool Library staff member and discuss repair solutions.
2. The Tool Library is not responsible for manufacturing defects, quality of workmanship, or materials inherent in any borrowed tools.

 3. I acknowledge that my presence on Tool Library premises, using Tool Library tools/equipment, will expose me to risks and dangers, and I acknowledge, understand, and agree to the following:

1. These risks and dangers may result in serious bodily injury, loss of limb, loss of sight or hearing, or death.  Being in a confined space with others may also expose me to COVID-19 and other serious diseases.

1. Any injuries or infirmities I sustain may result from or be compounded by the actions, omissions, or negligence of Tool Library personnel or others, including negligence in emergency response or rescue operations.

1. Despite these risks and dangers, I agree that I am voluntarily entering Tool Library premises and borrowing, returning, or cleaning tools I have borrowed, with knowledge of the risks and dangers involved, and I agree to accept and assume any and all risks of injury, illness, disability, death and/or property damage, whether caused by the negligence of Tool Library personnel or otherwise.

4. I understand and agree that by signing this release and waiver, I hereby:

1. Irrevocably and unconditionally waive and release any and all claims (“Released Claims”), whether known now or in the future, against Tool Library, the lessor of Tool Library’s premises (Rhonda Webb), the Makers Hub Community Service Project, and their respective directors, officers, employees, volunteers, and any other agents, and the respective successors and assigns of the foregoing (all referred to as “Releasees”), on account of injury, disability, illness, death, or property damage, arising out of or attributable to my presence on Tool Library premises, and/or use of Tool Library machinery and tools, whether arising out of negligence or otherwise.
2. Covenant and agree not to make or bring any Released Claims against any Releasee.
3. Covenant and agree to defend, indemnify and hold harmless each Releasee against any and all losses, damages, liabilities, penalties, and out-of-pocket costs and expenses (including without limitation reasonable legal fees and the cost of enforcing this indemnification obligation and pursuing any insurance providers) arising out of any claim of a third party relating to my presence on Tool Library premises, and/or use of Tool Library machinery and tools, including without limitation any claim related to my own negligence or the negligence of any Releasee.

5. I acknowledge that I have read and understand Section 1542 of the California Civil Code, which reads as follows: “A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.”  By signing below, I expressly waive and relinquish all rights and benefits under that section and any law of any jurisdiction of similar effect with respect to my release of any claims I may have against any of the Releasees.

6. Media Release - I understand and agree that by signing this release and waiver:

1. I am consenting, on my behalf, to be photographed, filmed, and/or recorded at any given moment by, or on behalf of, Tool Library for Tool Library’s use, whether commercial or not, and to reproduction/use of any images or recordings in relation to all Tool Library library activities and classes.
2. On my behalf, I am granting and conveying to Tool Library all rights, titles, and interest, including but not limited to royalties, proceeds, or other benefits, in any and all such photographs, films, and recordings.
3. On my behalf, I consent to the Tool Library’s use of my/our names, images, likenesses, and voices in perpetuity, in any medium or format, for any publicity relating to Tool Library activities and classes without further compensation or permission.

BY SIGNING BELOW, I ACKNOWLEDGE THAT I HAVE READ AND UNDERSTOOD ALL OF THE TERMS OF THIS DOCUMENT AND THAT I AM VOLUNTARILY GIVING UP SUBSTANTIAL LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE THE PARTIES LISTED IN SECTION 4 ABOVE.

BY COMPLETING ACCOUNT REGISTRATION, I AGREE TO THESE TERMS.