Make-Do — Library of Things

The tools in our collection are for the use of Make-Do members. Out of respect for future users, please clean any tools/equipment you borrow before returning them.

Please report any damage to the Make-Do immediately. Though borrowers are responsible for damage that they have caused, we promise not to be angry. If you feel compelled to return them in better condition than when you borrowed them, that would be highly appreciated.

1. I, state that I am over 18 years of age and capable and experienced in using the tools and equipment I am borrowing, and that I will use the tools and equipment I am borrowing in a proper manner.

2. I, do hereby for myself, on behalf of my successors and assigns, in consideration of being permitted to borrow tools and equipment, waive any and all claims against Making Do Inc. (Make-Do, the Make-Do Library of Things), its officers, agents, and employees for any injury or injuries of any nature that I may suffer or incur in the use of, or in any way connected with, the tools and equipment that I am borrowing from the Make-Do Library of Things.

3. 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 Make-Do, its officers, agents, 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 or in any way connected with, the tools and equipment I am borrowing from the Make-Do Library of Things.

4. I am aware that Make-Do, its partners, directors, officers, members, and employees claim no expertise and make no representation concerning the fitness of any tool and equipment for any particular use. I affirm that the above information is current, true and correct and may be subject to verification.

5. I affirm the above information is current, true and correct; that I have read and fully understand and agree to the Borrowing Rules of the Make-Do Library of Things and I understand that failure to comply with any of these rules may result in revocation of my borrowing privileges.

6. By reading and signing this Deed of Release from Liability, I relinquish any and all claims against the Making Do Inc., its officers, agents, and employees.

Membership is complete upon acknowledgement of the MAKING DO INC – LOAN TERMS & CONDITIONS and signing of the MAKING DO INC – DEED OF RELEASE FROM LIABILITY.

Borrowing Terms and Conditions

MAKING DO INC – LOAN TERMS & CONDITIONS

1. LOAN AGREEMENT BETWEEN MAKING DO INC and THE BORROWER

These Borrowing Terms and Conditions, together with:

(a) MAKING DO INC – DEED OF RELEASE FROM LIABILITY, whether signed or not; and

(b) any Safety, Maintenance and Operation Information Sheet; set out the terms of the loan agreement between Making Do Inc “Make-Do” and the “Borrower”.

2. DEFINITIONS

“Tools/Equipment” means any equipment or tools provided by Make-Do to the Borrower, including any associated or attached tools, accessories and parts available for hire.

“Loan Period” means the period described in clause 4.

“The Borrower” refers to the person, company, organisation, partnership, corporation, trust or other entity borrowing Equipment from Make-Do. The reference to “The Borrower/

Borrowers” includes any of their employees, agents and contractors.

“Membership” means the conditions described in clause 3.

“Make-Do Website” means the domain name www.make-do.com.au and any of its subsequent pages.

3. MEMBERSHIP

3.1. Borrowers must be over the age of 18 to borrow tools/equipment from Make-Do.

3.2. Borrowers must be registered and accepted for membership with Make-Do prior to borrowing tools/equipment. Registration includes the completion of an application form and verification of the Borrower’s identity. Verification is accomplished by the presentation of a current photo ID together with a utility bill issued within the previous 3 months, both displaying the same address.

3.3. Where a borrower is utilising a membership of a company, organisation, partnership, corporation, trust or other entity borrowing tools/equipment from Make-Do, they must demonstrate that they are an authorised representative of the company, organisation, partnership, corporation, trust or other entity.

3.4. Borrowers are only entitled to borrow tools/equipment from Make-Do while they maintain a fully paid-up membership. Membership fees are set out on the Make-Do Website (www.make-do.com.au) and Borrowers should check the Make-Do Website prior to renewing their Membership for any changes to Membership fees.

3.5. The Borrower may not borrow any tools/equipment until he/she has signed the Make-Do – DEED OF RELEASE FROM LIABILITY.

3.6. Make-Do retains the right to refuse to lend tools/equipment to any person for any reason other than contrary to Australian law.

3.7. The Borrower may not borrow any tools/equipment until he/she has paid in full the membership fee and has received their unique borrowing number.

3.8. Borrowers warrant that tools/equipment are only to be used for private, household activities, and not for making works or products, or providing services that will be available for sale to other parties.

4. BORROWING AND RETURN OF TOOLS

4.1. Make-Do will be open for Borrowers to borrow and return tools/equipment at the times set out on the Make-Do website www.make-do.com.au however, these opening times are subject to change at the sole discretion of Make-Do.

4.2. Borrowers may borrow up to five tools/equipment at one time.

4.3. Tools/equipment may only be returned during Make-Do opening hours as set on the Make-do website. (a) For tools/equipment borrowed on a Sunday, they must be returned no later than 10am on the following Sunday.

4.4. Extension of use or “Day-of” renewals may be possible however, Borrowers must be prepared to return all items by the return times set out in clause 4.3 above. Make-Do reserve the right to refuse or limit renewals and will do so based on demand for individual tools/equipment.

4.5. If any tools/equipment are not returned by the Return Date, Make-Do will issue an overdue notice. If the tools are not returned by the date stipulated in the overdue notice, appropriate steps will be taken to retrieve them, including the use of a collection agency and/or legal action.

4.6. Borrowers must pay the following late fines for each item kept past the Return Date: (a) $1.00/day/tool for hand tools; and (b) $3.00/day/tool for power tools.

4.7. Fines must be paid in full before any further borrowing of tools/equipment.

4.8. Immediately upon request from Make-Do the Borrower must pay: (a) the price charged by Make-Do for any tools/equipment which, for whatever reason, is not returned to Make-Do; (b) all costs incurred in cleaning any tools/equipment which are returned in an unclean state; (c) the full cost of repairing any damage to any tools/Equipment; (d) any fines payable pursuant to clause 4.6; and (e) all costs incurred by tools/equipment in recovering possession of any tools/equipment (including legal costs).

4.9. Failure to comply with the requirements as set out above can trigger a cancellation of membership with no refund of remaining fees.

5. USE OF TOOLS

5.1. Only the Borrower is authorised to use Make-Do tools/equipment. The Borrower must not permit any Make-Do tools/equipment to be used by any other person unless with the express permission of Make-Do tools/equipment. The Borrower must not part with possession of any Make-Do tools/equipment he/she has borrowed.

5.2. The Borrower agrees that if any borrowed Make-Do tools/equipment becomes unsafe or in a state of disrepair, they will immediately discontinue use of the tool and notify Make-Do of the issue on return, if not earlier. The Borrower must not attempt to repair or tamper with any Make-Do tools/equipment.

5.3. The Borrower agrees to:

(a) to satisfy themselves prior to borrowing the tools/equipment that they are suitable for the Borrower’s intended purpose;

(b) operate the tools/equipment safely, strictly in accordance with Australian law, only for its intended use and in accordance with any manufacturer’s instructions provided with or on the tools/equipment (if any);

(c) operate the tools with an adequate power source (if applicable);

(d) conduct a thorough hazard and risk assessment before using the tools/equipment; and

(e) return the tools/equipment in a clean state and in good repair.

5.4. The Borrower must agree to use the tools/equipment in a proper manner and in a way in which the tools/equipment were designed to be used.

6. TRANSPORT

6.1. Wherever the borrower is moving the tools/equipment, they must ensure the safe loading, securing and transporting of all tools/equipment in accordance with all laws and manufacturer’s guidelines. The Borrower must observe any safety directions advised by Make-Do and/or the manufacturer of the tools/equipment to ensure its safe loading and handling.

7. CHANGE OF RULES

7.1. The Borrower should check the Make-Do Website prior to borrowing any Make-Do Equipment for any changes to these Loan Terms and Conditions. However, Make-Do agrees that changes to these Terms and Conditions will not apply with respect to a loan period commenced prior to the date the rule change took place.