General Guidelines
Please clean tools before returning
Inform staff of any issues with the Tools upon returning
Please plan to drop off tools at 89 Lexington Avenue, Albany NY 12220 during opening hours. DO NOT leave tools outside of the Historic Albany Foundation or The Tool Lending Library outside our operating hours.
You can support our work with a monetary donation made at www.historic-albany.org/tool-library
Tool Lending Agreement
Only participants who are over the age of 18 and are members of the Tool Lending Library (TLL) are eligible to borrow tools from the TLL.
Prior to borrowing tools, all Members must (a) complete a Membership Application; (b) pay a membership fee; (c) sign this Tool Lending Agreement and attached Waiver and Indemnification.
Members will be authorized a Membership Card. If the card is lost or stolen, the Member is responsible for reporting the loss or theft immediately. If a report is not made, the Member will be held responsible for any tools borrowed with a lost or stolen card.
Only the Member is authorized to use Tool Library tools. The Member shall not permit the use of items checked out to them by any other person unless by the expressed permission of the Tool Lending Library.
For those unfamiliar with a particular tool, safety training materials such as manuals and videos (if in the possession of the Tool Library) will be made available upon request. However, by taking possession of any item, the member is certifying that he or she is capable of using that item in a safe and proper manner.
Necessary safety equipment is available upon request by the Member.
The Member agrees that all tools are loaned in “as is” condition and that the Tool Library makes no warranties or representations regarding any of the tools. The Tool Library is not responsible for any manufacturing defects in the quality of workmanship or materials inherent in any borrowed tools.
The Member agrees that if any borrowed tool becomes unsafe or in a state of disrepair, they will immediately discontinue use of the tool and notify the Tool Library of the issue on return, if not earlier. If a Member fails to inform the Tool Library that a tool is not in working order upon return, said Member may be held liable for full replacement.
Tools are loaned on a first come, first serve availability.
The Tool Library will maintain a waitlist for high demand tools as a courtesy to its members. When a tool becomes available, a Tool Library volunteer will contact the next member on the waitlist according to date. The member has 24 hours to confirm that they will be picking up the tool during the Tool Library’s hours of operation that week. Members who do not respond will be removed from the waitlist. Members who are unable to pick the tool up during the week it is available will be moved to the bottom of the waitlist.
The maximum loan period for tools is two (2) weeks unless otherwise approved. Tools are to be returned to the Tool Lending Library by closing time two (2) weeks from the day borrowed unless otherwise approved.
All tools borrowed from the Tool Lending Library must be returned to 89 Lexington Ave, Albany, NY during open hours.
When tools are not returned by the designated due date, the Tool Library will issue an invoice for the full replacement cost of the tools via email after 30 days. If tools are not returned after an additional 30 days, additional appropriate steps may be taken to retrieve tools, including the use of a collection agency and/or legal action, the cost of which will be assessed to the delinquent member. The Tool Library may replace severely delinquent tools, holding the Member responsible for full replacement cost. Fines must be paid in full before borrowing additional items.
Any power tools (including but not limited to those that require batteries and/or electric power to operate) require a member’s credit card to be kept on file as a deposit. Members will be assessed the full replacement cost of delinquent tools if they are not returned within sixty (60) days from the date they were originally checked out. The credit card on file will be charged on day sixty one (61) and a receipt of the charge or notice of the charge will be emailed to the address on file.
Items are to be returned in the same condition as they were issued, barring normal wear and tear. All items must be returned clean. A $5 cleaning fee will be assessed if tools are returned dirty. The Member agrees to pay for the loss of or damage to any items and further agrees to accept Tool Library staff’s assessment of condition of items and to further agree to Tool Library staff’s assessment of fair restitution for damage, dirtiness, delinquency and/or loss of items in part or total. This restitution amount could equal as much as replacement cost of the item.
The Tool Library retains the right to refuse the loan of any item to any person for any reason.
The membership and borrowing privileges of all Tool Library members are subject to the provisions of this Lending Agreement, and failure to comply with this Lending Agreement may result in revocation of membership, loss of borrowing privileges, or legal action, as appropriate. Historic Albany Foundation’s board of directors may, at its sole discretion, modify this Lending Policy, and all Tool Library members will be subject to any such modified version.
Waiver & Indemnification (this “Waiver”)
I, for myself and on behalf of my heirs, successors, and assigns, hereby release, waive, discharge, and agree not to sue the Historic Albany Foundation or any of its directors, officers, volunteers, employees, and agents for any and all claim or claims arising from personal or property injury, illness, death, or liability in connection with the Tool Library or any workshops held by the Tool Library.
I understand that use of the tools provided by the Historic Albany Foundation’s Tool Library may present inherent risks of physical injury. I voluntarily assume full responsibility for any risks of loss, property damage or personal injury, including death, that may be sustained by me as a result of my use of such tools.
I, for myself and on behalf of my heirs, successors, and assigns, inconsideration of being permitted to borrow tools, hereby agree to release and indemnify and hold harmless and defend the Historic Albany Foundation and it’s Tool Library, their respective officers, agents, volunteers, and employees from any and all liability, loss, claims, and demands, actions or cause 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 or possession of tools I am borrowing from the Historic Albany Foundation’s Tool Library.
I hereby grant to the Tool Library its representatives, volunteers, and employees the right to take photographs of me and my property. I authorize the Tool Library, its assigns and transferees to copyright, use and publish the same in print and/or electronically. I agree that the Tool Library may use such photographs of me with or without my name and for any lawful purpose, including for example such purposes as publicity, illustration, advertising, and web content.
The parties intend each provision to be severable and separate and apart from one another.
This Waiver is to be governed and interpreted by the laws of the State of New York and any and all disputes resulting in litigation will be commenced, litigated, and adjudicated only in the County of Albany, State of New York pursuant the laws of the State of New York.
I have read this Waiver and sign this Waiver willingly and voluntarily. I further affirm that no oral representations, statements, or inducements apart from the forgoing written Waiver have been made.
Signature: ______________________________ Date: ________________________
Printed Name: __________________________
