Borrowers Agreement and Liability Waiver

                        Planed Ponty Planet Borrower’s Agreement & Items Use Policy 

  1. Members must be age 18 or over to borrow items from Planed Ponty Planet. 
  2. Prior to borrowing items, all Members must create an online account with an email address.
  3. Planed Ponty Planet staff and volunteers are available to assist in explaining the operation of items. However, by taking possession of any item, the Member is certifying that they are capable of using that item in a safe and proper manner. 
  4. Only the Member is authorised to use items borrowed from Planed Ponty Planet. The Member shall not permit the use of items checked out to them by any other person unless by the express permission of Planed Ponty Planet. 
  5. There is a fee for borrowing items.  (Payment methods includeMoney, Time credits, volunteering hours)
  6. There is no charge for individual membership, you are welcome to make a donation if you would like. Organisations, both commercial and not-for-profit groups, will be charged a membership fee based on circumstances.
  7. All items borrowed are to be returned to Planed Ponty Planet at Yma during Planed Ponty Planet opening hours. Please check website for details.
  8. Members may renew each item if (a) the Member contacts Planed Ponty Planet by noon on the day before the return date, and if no other Member has reserved the item. Planed Ponty Planed reserves the right to refuse or limit renewals.

Planed Ponty Planet 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 of. Other than this Planed Ponty Planet exclude all liability for death or personal injury caused by our negligence or breach of contract. Because we are not a business, the risk to you is greater than if you were paying to hire something or buy it. 

  1. The Member agrees that Planed Ponty Planet is not responsible for any manufacturing defects in quality of workmanship or materials inherent in any borrowed items. Each time you take an item 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 item becomes unsafe or in a state of disrepair, they must immediately discontinue use of the item and notify Planed Ponty Planet.
  2. If you are borrowing electrical equipment, you must check the visible wires and plug for any damage before use. If you are using the item 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. 
  3. All items are to be returned in the same condition as they were issued, barring normal wear and tear. All items must be returned clean. Planed Ponty Planet and the Member will come to an individual agreement in respect of any loss of or damage to any item and the Member further agrees to accept the Planed Ponty Planet’s assessment of condition of items and on return engage in discussion of fair restitution for damage, dirtiness, delinquency, and/or loss of items. Planed Ponty Planet reserves the right to refuse the loan of any item at its discretion. 
  4. If Planed Ponty Planet is not the owner of the item and only facilitates contact between you and the Owner,  Planed Ponty Planet accepts no liability for the condition of any item or any loss or damage resulting from your use of it. 
  5. Members will not borrow the items to do professional work where you are charging a fee to a third party. You will not be insured for this activity, and risk your membership being terminated.
  6. Members understand that you are insured to use the item that you have borrowed – but that nobody else is insured to use that item. If anyone else uses the item you have borrowed, that person is not insured for any damage to their person or their property. For example, if you are hosting an event using an item borrowed from Planed Ponty Planet, you will need your own public liability insurance.
  7. If you borrow an item and with our agreement pass it on to another Borrower 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 an item from another Borrower with our agreement that will also be on the terms of this Agreement. 
  8. You affirm that the information that you have provided when signing up to the online borrowing platform is current, true, and correct. You understand that this information may be subject to verification. 
  9. You further state that you have read and fully understand the rules and regulations of Planed Ponty Planet, and you understand that failure to comply with any of these rules may result in revocation of your borrowing privileges and/or legal action against you.

18.    You further state have read the Waiver and Indemnification form below, relinquishing all claims against Planed Ponty Planet. 

 

Liability Waiver

 

The items in our library are for the use of Planed Ponty Planet members. Out of respect for future users, please take care of the items you borrow and report any damage to Planed Ponty Planet immediately.

 

Your Statements – READ THIS CAREFULLY EVERY TIME YOU BORROW ANYTHING 

       I am capable and experienced in using the items I am borrowing, and that I will use the items I am borrowing in a proper manner. I am aware that Planed Ponty Planet, its partners, directors, officers, members, and employees claim no expertise and make no representation concerning the fitness of any item for any particular use. 

       I, do hereby for myself, on behalf of my successors and assigns, waive any and all claims against Planed Ponty Planet, its officers, agents, and employees for any injury or injuries of any nature that I may suffer or incur in the use of the item that I am borrowing from Planed Ponty Planet except those caused by a defect known to Planed Ponty Planed and not made known to me. 

       I agree to release and indemnify and hold harmless Planed Ponty Planet, its officers, agents, and employees 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 items I am borrowing from Planed Ponty Planet. 

       I have read and fully understand the rules and regulations of Planed Ponty Planet 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. 

 

 


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