In consideration of the loan by Keep Toledo/Lucas County Beautiful (Lender), to the Applying Agency (Borrower), of the tools and equipment (the “Equipment”) and/or the donation of supplies and materials (the “Materials”) provided, Borrower agrees to borrow the Equipment and use the Materials in accordance with the following terms and conditions:
To use tools for the purpose of a community-driven beautification, improvement and/or maintenance projects.
(1) Borrower accepts the Equipment and Materials in “as is” condition. Borrower agrees to notify Lender immediately if a tool becomes inoperable. Borrower agrees to not attempt to repair any Keep Toledo/Lucas County Beautiful tool.
(2) Borrower agrees to return the Equipment to Lender’s Trailer for pickup before or on the due date, as well as lock and secure the trailer.
(3) Borrower agrees to pay the replacement fee, for any tool the Lender deems as lost, confiscated, stolen, or damaged outside the scope of normal wear and tear. This is at the Lender’s sole discretion and includes up to a full replacement of the Trailer and all contents within.
(5) Tool lending is at the discretion of the Lender. Lender may refuse tool lending for a specific project and/or a specific agency at will.
(7) Release and indemnification. To the fullest extent permitted by law, borrower agrees to indemnify, release, hold Keep Toledo/Lucas County Beautiful, its directors, officers, employees, and volunteers, (collectively, the “indemnified parties”) harmless and at Keep Toledo/Lucas County Beautiful’s request, defend the indemnified parties from and against all liabilities, claims, losses, damages, and expenses (including Attorney’s fees and expenses) however arising or incurred, related to any incident, damage to property, injury to, or death of, any person or contamination or alleged contamination, or violation of law or regulation caused by or connected with (i) the use, possession or control of the equipment or materials during the borrowing period and (ii) breach of this contract, whether or not caused in part by the active or passive negligence or other fault of any party indemnified herein and any of the foregoing arising or imposed in accordance with the doctrine of strict or absolute liability. Borrower agrees to waive its workers’ compensation immunity, to the extent applicable. Borrower’s indemnity obligations shall survive the expiration or termination of this contract. All of borrower’s indemnification obligations shall be joint and several. If any part of this section is determined invalid by a court of the competent jurisdiction, borrower agrees that this clause shall be enforceable to the fullest extent permitted by law.
(8) Borrower hereby acknowledges that the nature of the project may be considered dangerous and may cause injury or death. Borrower accept responsibility and all liability for the use of Lenders Tool Trailer. Borrower acknowledges that they are solely responsible for the care and safety of all volunteers and participants working on the project.
Borrower hereby acknowledges that its use of the Materials and Equipment are (i) without instruction or supervision, (ii) at Borrower’s own risk or the risk of Borrower’s officers and directors, employees, agents and volunteers, and (iii) that Lender expressly disclaims any warranty regarding the condition or fitness for particular use of any of the Equipment or Materials provided hereunder.
(9) Borrower attests that its use of the Materials and Equipment are strictly for charitable purposes, that no services or materials are being provided to any recipient for any charge of cost outside of the scope of the Borrowers mission, and that no services or materials are being re-sold or returned to any retailer, vendor or manufacturer for refund, or being used in any manner inconsistent with the Lender’s status as a 501(c)(3) tax deductible charitable organization.
(10) Borrower acknowledges that they will be required to sign an Equipment and Materials Provided list, and is in agreement with, both the Borrowing Agreement and the Release and Indemnification.
(11) Borrower acknowledges that it has read and understood the foregoing terms and conditions of this Waiver of Liability, and the undersigned affirms he/she has all requisite power and authority to enter into this Agreement on behalf of Borrower.