Cherokee Street Tool Library

Membership Agreement & Tool Use Policy

1. Members must be age 18 or over to borrow tools from Cherokee Street Tool Library. (“CSTL”).

2. Members agree to pay an annual membership fee of $50.

3. Prior to borrowing tools, all Members must:

(a) create an account at cherokeestreettools.myturn.com

(b) sign the Liability Waiver

(c) sign this Membership and Tool Policy Agreement

(d) provide a photo ID

(e) provide proof of address

(f) have their picture taken

(g) pay the annual membership fee.

4. Tool Librarians are available to assist in explaining basic operation of tools. 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 and agrees to only use the item for its intended use.

5. Only the Member is authorized to use CSTL tools. The Member shall not permit the use of items checked out to him or her by any other person unless by the express permission of CSTL.

6. All tools borrowed are to be returned to CSTL by close of business on their due date. Tools may only be returned during CSTL's open hours.

7. CSTL reserves the right to terminate one's membership due to repeatedly returning tool late.

8. CSTL reserves the right to use appropriate steps to retrieve delinquent tools from members or former members.

9. All tools are to be borrowed on a first come basis. CSTL reserves the right to make some tools unavailable on certain dates in order to support large community events.

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

11. 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 CSTL of the issue on return, if not earlier.

12. All tools are to be returned in the same (or better) condition as they were issued, barring normal wear and tear. All tools must be returned CLEAN.​ 

13. If a member returns tools in a state found to be exceptionally dirty or in a state of disrepair not characteristic of normal operation, CSTL reserves the right to levy a fee to the member that must be paid before access to borrowing is restored.

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

15. I affirm that the information that I have provided on the Membership Application is current, true, and correct. I understand that this information may be subject to verification.

16. I further state I understand that failure to comply with any of these above mentioned items may result in revocation of my membership.

By checking here, you are consenting to the use of your electronic signature in lieu of an original signature on paper. You have the right to request that you sign a paper copy instead. By checking here, you are waiving that right. After consent, you may, upon written request to us, obtain a paper copy of an electronic record. No fee will be charged for such copy and no special hardware or software is required to view it. Your agreement to use an electronic signature with us for any document will continue until such time as you notify us in writing that you no longer wish to use an electronic signature. There is no penalty for withdrawing your consent. You should always make sure that we have a current email address in order to contact you regarding any changes, if necessary.

Liability Waiver

The tools in our collection are for the use of Cherokee Street Tool Library (“CSTL”). members. 

I state that I am capable and experienced in using the tools I am borrowing, and that I will use the tools I am borrowing in a proper manner.

I do hereby for myself, on behalf of my successors and assigns, in consideration of being permitted to borrow tools, waive any and all claims against CSTL, and their officers, agents, volunteers and employees for any injury or injuries of any nature that I may suffer or incur in the use of the tools that I am borrowing from the Library. IN SUMMARY, BY MY SIGNATURE BELOW, I ACKNOWLEDGE THAT IF I AM INJURED IN ANY WAY, THIS WAIVER PREVENTS AND PROHIBITS ANY RECOVERY OF MONEY FROM CSTL AND THEIR officers, agents, volunteers and employees.

I hereby for myself, on behalf of my successors and assigns, in consideration of being permitted to borrow tools, agree to release and indemnify and hold harmless CSTL and their officers, agents, volunteers 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 tools I am borrowing from CSTL. I am aware that CSTL, its partners, directors, officers, members, volunteers and employees claim no expertise and make no representation concerning the fitness of any tool for any particular use. I affirm that the above information is current, true and correct and may be subject to verification. I further state that I have read and fully understand the rules and regulations of CSTL 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. I have read and signed a Waiver and Indemnification form, relinquishing any and all claims against CSTL AND THEIR officers, agents, volunteers and employees.

By checking here, you are consenting to the use of your electronic signature in lieu of an original signature on paper. You have the right to request that you sign a paper copy instead. By checking here, you are waiving that right. After consent, you may, upon written request to us, obtain a paper copy of an electronic record. No fee will be charged for such copy and no special hardware or software is required to view it. Your agreement to use an electronic signature with us for any document will continue until such time as you notify us in writing that you no longer wish to use an electronic signature. There is no penalty for withdrawing your consent. You should always make sure that we have a current email address in order to contact you regarding any changes, if necessary.

Workshop Liability Waiver

1. Signee agrees to be responsible for the following while operating in the Shop:

a. take all reasonable precautions for her/his own safety and the safety of others.

b. take any and all safety trainings that are prerequisites for working in the shop or with specific tools.

c. return any equipment to the same condition it was found or better.

d. immediately inform a CSTL Tool Librarian of any dangerous or unsafe behavior observed in the CSTL facility and discontinue use of the CSTL facility until the situation is made safe.

e. always wear safety goggles, close-toed shoes, proper clothing and ear protection when necessary.

f. take outlined safety precautions relevant to the machine in use and/or task in the shop area, whether s/he is currently operating equipment or not.

2. Signee understands these consequences of the following:

a. any behavior deemed inappropriate by CSTL staff/volunteers, including but not limited to unsafe use of CSTL machinery or tools, may result in permanent revocation of membership with no right to refund.

b. any/all replacement costs for damage to CSTL machinery due to any misuse by the signee, will be the financial responsibility of said signee. “You break it you buy it.”

3. Signee accepts that her/his use of CSTL facilities involves the following inherent risks:

a. including but not limited to serious bodily injury, loss of limb, loss of sight or hearing, or death.

b. any such injury may create substantial social and economic loss for them and signee agrees to accept such risks as part of her/his use of CSTL facilities.

4. Signee understands that by signing this release and waiver, s/he agrees to:

a. release CSTL , its employees, volunteers, directors, and agents from all liability and all claims, including those arising from the negligence of CSTL , losses, and damages on account of any injury to her/him or damage to her/his property.

b. hold harmless CSTL , its employees, volunteers, directors, and agents, from any and all losses and out-of-pocket costs, including, without limitation, reasonable legal fees incurred by CSTL on account of any injury or damage signee may receive in connection with her/his use of the CSTL facilities.

c. limit the maximum amount of CSTL liability for damages arising out of this Agreement for any losses actually incurred, whether direct, special, incidental, consequential, economic, non-economic and punitive to that amount available under CSTL applicable insurance coverage.

d. consent to be photographed and/or filmed at any given moment by CSTL or a third party for their use; either commercial or not, or consent to reproduction/use of any images of and by signee and/or their child/children in relation to all library activities and classes, and release CSTL , their legal representatives, and assigns from any and all claims, including financial claims, in connection with the use, reproduction, publication of the images thereof.