Borrowers Agreement and Liability Waiver

Borrowers Agreement and Item Use Policy 

The Library of Things Stirling will be referred to as "LOTS" for the purposes of this Agreement. LOTS is an outlet managed by Transition Stirling.  

Members must be aged 18 or over to borrow items from LOTS. 

Prior to borrowing items, all Members must (a) agree to our Borrowers Agreement and Item Use Policy and provide Membership Details; (b) sign the Waiver Form; and (c) verify their identity. Verification of the Member’s identity is accomplished by presenting a valid photo ID and a second form of identification when collecting their first borrowed item in person; this must include a current address dated within the last three months. 

Personal data will be held in accordance with our data protection policy. Members should read this before signing the Borrower Agreement and Item Use Policy. 

By taking possession of any item, the Member is certifying that they are capable of using that item in a safe and proper manner.  The Member warrants and represents to LOTS that they (a) have no mental or physical incapacity that would affect their ability to use the item safely, (b) are experienced in using the item and (c) are capable of using the item in a safe and proper manner. LOTS and Transition Stirling accept no responsibility for demonstrating usage. 

If the Member is borrowing a paddleboard, kayak or other watercraft, the Member must read guidance on areas and conditions where it may be unsafe to use such items. 

Guidance on Paddleboards, kayaks and general water safety can be found at the following links; 

Stand Up Paddleboarding (SUP) | Water Safety Scotland

Kayaking, Canoeing | Water Safety Scotland 
Only the Member is authorised to use LOTS items. The Member shall not permit the use of items checked out to them by any other person unless by the express written permission of staff of LOTS. 

Some items have a fee for borrowing. These fees will be listed on LOTS’s website and our lending platform. The borrowing fees must be paid prior to borrowing items from LOTS. Borrowing fees pay for staff, item maintenance, replacement parts and upkeep of LOTS’ facilities. 

All items borrowed are to be returned to LOTS by close of business on their due date. Items may only be returned during opening hours. ​

If an item is returned late, the Member will be responsible for a late fee. This late fee will be 10% of the retail value of the item, up to £10 per day that the item is not returned after its due date, up to the value of the item. LOTS may replace severely damaged tools, holding the Member responsible for the full replacement cost. Fines must be paid in full before borrowing additional items. Fines will be no more than the cost price of the item if bought new. 

LOTS reserves the right to take appropriate steps to retrieve damaged items or unpaid fines and fees, including the use of legal action and charge the Member with the cost of any such action. LOTS also reserves the right to forgive fees due to special circumstances. 

Items may be reserved through a Member’s LOTS account or by contacting LOTS. All reservations must be confirmed by a Transition Stirling staff member, volunteer, or automated response to be effective. 

The Member agrees that LOTS and Transition Stirling are not responsible for any manufacturing defects in quality of workmanship or materials inherent in any borrowed items. 

The Member agrees that if any borrowed item becomes unsafe or in a state of disrepair, they must immediately discontinue use of the item and notify LOTS of the issue on return, if not earlier. 

All items are to be returned in the same (or better) condition as they were issued, barring normal wear and tear. The Member agrees to pay for the loss of or damage to any item and further agrees to accept LOTS’ assessment of condition of items. The Member agrees to the assessment by LOTS of fair restitution for damage, delinquency, and/or loss of items in part or in total. This restitution amount could equal the full replacement cost of the item. 

All items must be returned clean. The Member agrees to pay for a cleaning fee of £5 if it is returned dirty. The Member agrees to the assessment by LOTS of fair restitution for dirtiness. 

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

Members may reserve items online or by contacting LOTS. All items are on a first come, first served basis (unless the item was reserved). Items can be checked out online; if they are not picked up by the end of the next day that LOTS is open, they will be put back in circulation. 

The Borrower understands and accepts that in an effort to maximise the availability of items to all Members, LOTS may send emails as a reminder when borrowed items’ return dates are approaching. When items are not returned by the designated due date, LOTS will issue an overdue notice by phone call, email, or letter. If the items are not returned after the notice has been sent, appropriate steps will be taken to retrieve them, including using a collection agency and/or legal action.  

LOTS reserves the right to limit the number of items borrowed, refuse the loan of any item or request for membership at the staff’s discretion. We reserve the right to change these terms and conditions at any time, and Members agree to abide by the most recent version of this Terms of Use Agreement each time they borrow from LOTS. 

The signing Member affirms that the information provided on the Membership Application is current, true, and correct. The signing Member understands that this information may be subject to verification. They also understand that their email will be added to LOTS' mailing list and that they can unsubscribe from such newsletter at any time while receiving it. 

The signing Member further states that they have read and fully understand the rules and regulations of LOTS. The signing Member understands that failure to comply with any of these rules may result in revocation of their borrowing privileges and/or legal action against them. By agreeing to this, the signing Member has read and signed the Waiver, relinquishing any and all claims against Transition Stirling. 

Please check the box in the space provided on the Membership Form, acknowledging that you have read and agree to LOTS’ Item Use Policy. 

TO VIEW OUR FULL PRIVACY POLICY VISIT https://www.transitionstirling.org.uk/documents/ 
 

Members of our Library agree to the following Liability Waiver;

The items in our collection are for the use of LOTS Members. As per the Borrowers agreement and Use Policy, borrowers are responsible for any damage they have caused. Members must also agree to the following statements: 
 

• I state that I am capable of using the items I am borrowing, knowing how to use them, and that I will use the items I am borrowing in a proper manner.

• I state that I will use whatever protective equipment is appropriate for the items I am borrowing. 

• 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 Transition Stirling,  LOTS, its Board, employees and volunteers for any injury or injuries of any nature that I may suffer or incur in the use of the items that I am borrowing from LOTS. 

• I hereby for myself, on behalf of my successors and assigns, in consideration of being permitted to borrow items, agree to release and indemnify and hold harmless LOTS, Transition Stirling, its Board, employees and volunteers 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 items I am borrowing from LOTS. I am aware that LOTS, Transition Stirling, its partners, directors, employees, members, and volunteers claim no expertise and make no representation concerning the fitness of any item for any particular use. 

• I affirm that any membership information provided to LOTS and Transition Stirling is current, true and correct and consent to any verification deemed necessary.