Liability Waiver

All members of this borrowing program must read and sign the below document in store prior to beginning a member relationship with the Toronto Tool Library and Sharing Depot (these are both projects of the incorporated Canadian non-profit the Institute for a Resource Based Economy).


    You acknowledge that prior to taking the rental equipment, you examined it and saw it in operation (if appropriate). You acknowledge that the equipment is in good working condition except for any defect noted by the Toronto Tool Library (TTL) and Sharing Depot (SD). You are responsible to return the rental equipment to the TTL and SD in the same working condition.
  1. TITLE
    You agree that the TTL and SD shall retain all rights to ownership and title to the equipment. You also agree that no ownership or title to the equipment is to you under the agreement and you will do no act nor permit anyone to do no act inconsistent with the TTL and SD’s ownership and title to the equipment.
    You agree that you are satisfied with the instructions given by the TTL and SD as to the proper and safe manner of using the equipment. You further agree that the equipment be used only for the purpose for which the equipment was manufactured and intended. Subleasing or improper use of the equipment is strictly prohibited.You are responsible for the use of the borrowed equipment. You assume all risk inherent to the use of the equipment and agree to assume the entire responsibility for the defense of and to pay, indemnify and hold the TTL and SD harmless from, and hereby release the TTL and SD from any and all claims, liability for damage to property or bodily injury (including death) resulting from the use, condition, operation or possession of the equipment.You agree that no warranties, express or implied including merchantability or fitness for a particular purpose, have been made by the TTL and SD in connection with the equipment, in no event shall the TTL and SD be liable, special, direct, indirect, or consequential damages in connection with this agreement.
    You are responsible for the equipment from the time it is rented by you until it is returned. Your responsibility include but is not limited to ensuring the proper oil levels are maintained and proper fuel or fuel oil mix is used, if applicable. If the equipment is lost, stolen or damaged under any circumstances while being borrowed, regardless of fault, you shall be responsible for all charges to replace or repair equipment including any labor costs. If the equipment is not returned clean, a cleaning charge will apply.
    In the event that The TTL and SD’s employees assist in loading or unloading of the equipment, you assume this risk of, and hold the TTL and SD harmless from any property damage or personal injuries in connection with loading and/or unloading. 
    You agree to immediately discontinue the use of the equipment should it become unsafe or in any state of disrepair, and you agree to notify the TTL and SD of the facts surrounding such occurrences. The TTL and SD may in its sole discretion make the equipment operable within a reasonable time, or provide you with a similar piece of equipment, if available, or adjust the borrowing charges as applicable. This provision does not relieve you from the obligation imposed by other sections of this agreement. In all events, the TTL and SD shall not be responsible for any injury or damage, including consequential damage, resulting from the failure or defect of any rental equipment.
    (a)        The equipment is loaned to you subject to this agreement for rental charges and for the period printed on this agreement. The TTL and SD does not offer renewals on loans of equipment and late fees will apply if equipment is kept longer than the agreed upon borrowing period.(b)       If this agreement has not been extended and you fail to return the equipment when due, or you default on your obligation hereunder, the TTL and SD may take such steps as permitted by law to:
    (i)        retake the equipment at any time to protect its ownership of the equipment and its interest under this agreement; and/or
    (ii)       secure the reasonable value of the equipment based on the condition of the equipment at the beginning of the rental period. In such event, you shall reimburse the TTL and SD for all costs incurred, including without limitation, reasonable legal fees;(c)        Notwithstanding any retaking of equipment by the TTL and SD and/or payment of the reasonable value of the equipment as described above, you shall be responsible for amounts due and unpaid by you to the TTL and SD under this agreement, including the amount incurred by the TTL and SD arising as a result of or in connection with the retaking of equipment as provided for in this clause, and interest on the then outstanding amounts due and owing by you to the TTL and SD under this agreement at rate of 2% per month (24% per annum). In addition, you acknowledge that the failure to return equipment within the contracted time and the sale or concealment of the equipment are prohibited and that such action may constitute a crime. In this event, the TTL and SD, in addition to any action it may take, may notify authorities or take other action including the filing of criminal complaints subjecting you to possible criminal prosecution. You acknowledge that the TTL and SD are entitled to take any or all of the actions specified in 8(a) or 8(b) without recourse.

Updated: May 2018