*Terms and Conditions of Use*
Fuel Notice:
Do not add gasoline or any other fuel to the equipment. The City will provide the appropriate fuel at the time of drop-off. Tampering with or adding fuel to the equipment is prohibited.
Equipment Responsibility:
Borrowers are responsible for any equipment that is lost, stolen, or damaged beyond normal wear and tear while in their possession.
City of Balch Springs
Mobile Tool Shed – Yard Maintenance Program
Terms and Conditions, Release of Liability, and Assumption of Risk
The undersigned (“Borrower”) desires to participate in the City of Balch Springs, a Texas home rule municipality (“City”), Mobile Tool Shed Program (“Program”). In consideration of the free use of City-owned tools and equipment (“Equipment”), Borrower agrees to the following terms and conditions:
Terms and Conditions of Use
Borrower certifies they are at least eighteen (18) years of age and a resident of the City of Balch Springs, Texas.
Borrower understands the City will not perform, assist with, supervise, or complete any maintenance, repairs, or project-related work using the Equipment. The Program is strictly a tool-lending service.
Equipment is for personal, non-commercial, residential use only within the City of Balch Springs. Equipment may not be used for business activities, income-producing work, contractor services, or any commercial purpose.
Borrower assumes full responsibility for any injury to themselves or third parties, and for any damage to personal property or the property of others arising from use, misuse, or possession of the Equipment.
Borrower affirms they have received, reviewed, and will follow all manufacturer manuals, safety instructions, and operational guidelines provided with the Equipment.
Borrower agrees not to use the Equipment in any unlawful, unsafe, negligent, or improper manner, or in any way inconsistent with manufacturer recommendations.
Borrower agrees to wear all personal protective equipment recommended by the manufacturer and acknowledges that use of appropriate safety equipment is their sole responsibility.
Borrower agrees to return all Equipment by the designated return date in clean and working order and is responsible for repair, compensation, or replacement of Equipment lost, stolen, or damaged beyond normal wear and tear.
If any Equipment is damaged or not in safe working order, Borrower agrees to immediately notify the City and refrain from using the Equipment.
Equipment may only be used by individuals eighteen (18) years of age or older.
Borrower agrees to securely store Equipment, protected from weather exposure, theft, and misuse while in their possession.
Failure to comply with these terms may result in suspension from participation in the Program.
Release of Liability, Indemnification, and Assumption of Risk
Borrower acknowledges that the use of tools and equipment involves inherent risks, including but not limited to serious injury, permanent disability, death, and property damage. Borrower voluntarily assumes all known and unknown risks associated with participation in the Program.
Borrower hereby releases, discharges, and holds harmless the City of Balch Springs and its present, past, and future elected and appointed officials, officers, employees, volunteers, sponsors, agents, and contractors (“Released Parties”) from any and all claims, demands, actions, damages, liabilities, costs, or expenses of any kind, including court costs and attorney’s fees, arising out of or related to Borrower’s participation in the Program, including claims arising in whole or in part from the negligence, and as allowed by law, gross negligence or intentional acts of the Released Parties.