Name of Activity, Event, Trip, or Program (“Activity”):  Use of DPR’s Tool Library Facilities and Equipment

Date(s) of Activity:  Period of One Year from Date of Signature

Location of Activity: Any branch of DPR’s DC Tool Library 

Description of Activity: Checking in/out and using tools on or off-site from any branch of the DPR’s Tool Library

I recognize that participation in the Activity, including transportation if applicable, can carry potential risks, including, but not limited to, bodily injury. I certify that I have not been advised to refrain from participating in the Activity by a medical professional. There are no health-related reasons or problems that preclude my participation. 

I ASSUME ALL OF THE RISKS OF PARTICIPATING IN THIS ACTIVITY, including, but not limited to, any and all risks that may arise from the vehicles, equipment, and/or real and personal property, under the jurisdiction and control of the District. 

I hereby consent to receive medical treatment that may be deemed advisable in the event of injury, accident and/or illness during this Activity. However, this consent does not require the District to initiate medical care on my behalf. I agree to accept full responsibility for and to pay for the cost of medical care, transportation and any other incidental expenses arising from my participation in this Activity. 

In consideration of participation, I hereby take action for myself, my executors, administrators, heirs, next of kin, successors and assigns as follows: 

(A) I WAIVE, RELEASE, AND DISCHARGE any and all District officials, agents, and employees, current and former, and/or representatives (each a “District Party" and collectively the "District Parties" or the "District") from any and all liabilities, claims, penalties, suits, demands, judgments, costs, interest, and expenses (including, attorneys' fees and costs) (each a “Loss" and collectively "Losses") including, but not limited to, Losses from or connected to death, disability, personal injury, loss damage or theft of property or actions which may occur in connection with the Activity including traveling to and from this Activity arising from either the District's or my own negligence, or from my own recklessness or intentional acts; 

(B) I AGREE TO INDEMNIFY AND HOLD HARMLESS the District, for, from, and against any and all losses arising or resulting from participation in or travel to and from this Activity arising from either the District's or my own negligence, and/or from my own recklessness or intentional acts; 

(C) THIS WAIVER, RELEASE AND DISCHARGE, AND INDEMNIFICATION SHALL NOT EXTEND TO the gross negligence or intentional acts of District Parties acting within the scope of their employment. 

(D) I AGREE THAT I AM FULLY RESPONSIBLE for not letting anyone use any tool I check out. 

(E) IF I HAVE BEEN APPROVED BY THE DPR COMMUNITY GARDEN SPECIALIST TO CHECK OUT MULTIPLE TOOLS FOR A VOLUNTEER EVENT I take full responsibility to have everyone at this event sign the approved DPR waiver and release form. I take full responsibility for making sure no one uses a DPR tool without the approved DPR waiver and release form. I take full responsibility for everyone at the volunteer event and waive all liability from DPR. 

(F) I AGREE TO PAY ANY FEES that I accrue such as but not limited to late fees, cleaning fees, tool damage fees and missing tool fees immediately upon return of tool(s) or within 10 days of any fee being invoiced. 

(G) I RECOGNIZE AND UNDERSTAND THAT FAILURE TO PAY FEES WITHIN TEN DAYS will result in immediate removal of the program and possible civil fines pursuant to D.C. Official Code 10-137.01 (e). 

1. Members must be 18 years old or over.

2. Members must be a resident of District of Columbia or Prince George's, Montgomery, Arlington, or Alexandria county.

3. Prior to borrowing tools, all Members must: (a) provide their name, email, phone number, and proof of residency; and (b) sign the Accident Waiver and Release of Liability Form and this Membership Agreement  

4. By borrowing an item, a Member is certifying that they are capable of using that tool safely and properly.

5. Only the Member is authorized to use DC Tool Library (DCTL) tools.

6. All tools borrowed are to be returned to DCTL by the end of the day on their due date. 

7. If a tool is returned late, the Member will be responsible for late fees. Late fees are capped at the replacement value of the tool. Late fees on tools accrue at the rate of $1 per tool per day, unless otherwise noted in AssetTiger.

8. Member is responsible for the full replacement cost to replace severely delinquent and/or severely misused and neglected tools. Fines must be paid in full before borrowing additional items.

9. DCTL reserves the right to forgive fees due to special circumstances.

10. Members may renew each tool once if they contact DCTL prior to the due date; however, DCTL reserves the right to refuse renewals based on demand. Currently you may renew most tools 1x; thereby having it for a two week maximum.

11. The Member agrees that DCTL is not responsible for any manufacturing defects in quality of workmanship or materials inherent in any borrowed tools.

12. The Member agrees that if any borrowed tool becomes unsafe or in a state of disrepair, he or she must immediately discontinue use of the tool and notify DCTL of the issue.

13. All tools are to be returned clean and in the same or better condition as they were issued, barring normal wear and tear.

14. DCTL reserves the right to refuse the loan of any item at its discretion.