Tool Lending Library Renter Information and Contract

Name *

First

Last

Drivers License Number *

Address *

Address Line 1

Address Line 2

City

State

Zip Code

Phone *

Please provide the date and time you will pickup your rented tool. Tool rentals are Tuesdays and Thursdays from 8:00 a.m. to 10:30 a.m. and Fridays from 1:00 p.m. to 5:00 p.m. Please schedule during one of these time frames.

Date

Time

Lessee acknowledges that equipment must be returned clean, free from any and all debris. Should the equipment not be returned in satisfactory condition Lessee shall forfeit their entire deposit. REVIEWED, UNDERSTOOD AND AGREED. INITIAL BELOW *

If the equipment or any part of it is lost, stolen or damaged beyond repair, Lessee shall pay to Lessor the cost of purchasing new item(s) of equipment. REVIEWED, UNDERSTOOD AND AGREED. INITIAL BELOW *

Rental Agreement Valid Until December 31, 2023

RENTAL AGREEMENT VALID UNTIL DECEMBER 31, 2023 1. Parties. This Rental Agreement (“Agreement”) is made by and between the above-described Lessee (“Lessee”) and NeighborWorks ® Pocatello, an Idaho corporation (“Lessor”). 2. Rental of Equipment. Subject to and upon the terms set forth in this Agreement, Lessor hereby leases to Lessee the items described above (collectively hereafter the “Equipment”). Lessee agrees to pay Lessor the amounts listed above plus any fees associated with the Equipment, including without limitation a reservation fee, late fee, and cleaning fee. Any rent or other amount not paid to Lessor when due shall bear interest at the rate of eighteen percent (18%) per annum.3. Use of Equipment. Lessee shall use the equipment lawfully and only in the manner for which it was designed and intended and so as to subject it only to ordinary wear and tear. Lessee shall comply with all applicable laws. Lessee agrees to monitor and ensure the safety of all users of the Equipment including without limitation the weight, height, age, medical conditions and number of users. Lessee acknowledges that it has received, read and fully understands all instructions for the safe setup and use of the Equipment and agrees to follow such instructions. Lessee hereby agrees to the following: REVIEWED, UNDERSTOOD AND AGREED INTIAL BELOW *

4. Lessee’s Responsibility to Obtain a Release and Waiver of Liability. Lessee agrees to require all users to sign and date a “Release and Waiver of Liability” form prior to any users being allowed to use the Equipment. For all users under the age of eighteen (18) years old, Lessee shall also obtain the signature of such user’s parent or legal guardian. Lessee acknowledges that Lessor will not lease the Equipment to Lessee without the assurance from Lessee that it will require the “Release and Waiver of Liability” form to be properly signed and dated for each user prior to using the Equipment. If an individual (or for minors their parent or legal guardian) does not sign and date the “Release and Waiver of Liability” form, Lessee agrees to prevent and not allow such individual to use the Equipment. If a parent or legal guardian is responsible for more than one minor, Lessee will require such parent or legal guardian to execute a “Release and Waiver of Liability” form for each minor. IT IS LESSEE’S SOLE RESPONSIBILITY TO ENSURE A “RELEASE AND WAIVER OF LIABILITY” FORM IS SIGNED AND DATED FOR EACH AND EVERY INDIVIDUAL USING THE EQUIPMENT. REVIEWED, UNDERSTOOD AND AGREED INTIAL BELOW *

5. Return of Equipment. Lessee agrees to return the Equipment to Lessor in the same condition as received and at the time agreed upon by Lessor and Lessee. 6. Damage to Equipment. Lessee shall bear the entire risk of loss (including without limitation theft, destruction, disappearance of or damage to the Equipment from any cause whatsoever), whether or not insured against until the Equipment is returned to Lessor in accordance with this Agreement. If the Equipment is damaged or dirty and can be repaired or cleaned, Lessee agrees to pay all costs and expenses associated with repairing and cleaning the Equipment according to the manufacturer’s recommendations and in a quality and standard that is equal to the original condition of the Equipment. If the Equipment or any part of it is lost, stolen or damaged beyond repair, Lessee shall pay to Lessor the cost, as of the date of such loss, of purchasing new item(s) of Equipment. 7. Indemnification. Lessee shall indemnify, defend and hold harmless Lessor, its agents, members, owners, employees, successors and assigns, from and against any and all liabilities, strict liability, product liability, demands, claims, causes of action, suits, penalties, damages, (incidental, consequential, punitive, reliance, delay, general or special), losses, costs or expenses (including attorney fees), obligations, and judgments of whatsoever kind and nature arising out of or relating to the Equipment or this Agreement, now existing or hereafter arising, including without limitation possession, rental, operation, use, maintenance, control, loss, damage, destruction, removal, storage, transport, delivery, or return of the Equipment and accidents, death, personal injury or property damage of any kind or nature, and negligence, recklessness and gross negligence of Pocatello Neighborhood Housing Service Inc, as well as Lessee not obtaining properly executed “Release and Waiver of Liability” forms from all users of the Equipment (collectively hereafter “Liability”). 8. Disclaimer of Warranties. Lessor makes no warranties, express or implied, as to any matter whatsoever, including without limitation title to, design, operation, condition, or quality of the material or workmanship of the Equipment, its merchantability or its fitness for any particular purpose, the absence of latent or other defects. Lessor does not make, has not made, nor shall be deemed to make or have made any warranty or representation, either express or implied, written or oral, with respect to the Equipment leased under this Agreement. Lessor hereby disclaims all such representations and warranties, it being understood that the Equipment is rented to Lessee on an “AS IS, WHERE IS” basis. 9. Performance and Severability. The failure of Lessor to insist upon strict performance of any of the terms set forth in this Agreement shall not be deemed a waiver of any rights or remedies that Lessor may have and shall not be deemed a waiver of any subsequent breach or default in the performance of any of the terms contained in this Agreement. Any provision of this Agreement that is prohibited or unenforceable shall be ineffective to the extent of such prohibition or unenforceability and shall not invalidate the remaining provisions of this Agreement. 10. Governing Law, Forum and Attorney Fees. This Agreement shall be governed by and construed in accordance with the laws of the State of Idaho. Lessee hereby consents to the exclusive jurisdiction of the courts of the State of Idaho for all purposes regarding this Agreement and agrees that venue shall be in Bannock County, Idaho. Lessee shall pay all reasonable attorney fees and costs incurred by Lessor in enforcing any of the provisions of this Agreement. 11. Entire Agreement, Amendments and No Sub-Lease. This Agreement constitutes the entire understanding and agreement between Lessor and Lessee with respect to the subject matter of this Agreement and supersedes all prior understandings, agreements, and representations, oral or written, if any, with respect to such subject matter. This Agreement may be amended or changed only in a writing signed by both Lessor and Lessee. Lessee shall not sell, transfer, assign, encumber or sub-lease the Equipment or any part of it. This Agreement will be binding on the successors and assigns of each party hereto. 12. Assumption of Risk, Release and Waiver. Lessee understands and acknowledges that use of the Equipment is a high-risk activity and brings with it both known and unanticipated risks to Lessee, its guests, invitees, and all persons using or located near the Equipment. Those risks include without limitation falling, slipping, crashing, colliding, strains, sprains, breaks, cuts, punctures, abrasions, broken limbs and could result in injury, blindness, paralysis, illness, disease, emotional distress, death, lost wages, loss of consortium, and property damage to Lessee, its guests, invitees and all persons using or located near the Equipment. In consideration of Lessor allowing Lessee to rent and use the Equipment, LESSEE HEREBY ASSUMES THE RISK ASSOCIATED WITH THE EQUIPMENT, COVENANTS NOT TO SUE, RELEASES, WAIVES, AND DISCHARGES LESSOR AND ITS AGENTS, MEMBERS, OWNERS, EMPLOYEES, SUCCESSORS AND ASSIGNS, FROM AND AGAINST ANY “LIABILITY” (as defined in this Agreement). LESSEE HAS READ AND VOLUNTARILY SIGNS THIS ASSUMPTION OF RISK, RELEASE AND WAIVER. Lessee agrees that the foregoing Assumption of Risk, Release and Waiver are intended to be as broad and inclusive as is permitted by the law of the State of Idaho and that if any portion thereof is held invalid or unenforceable, it is agreed that the remaining portions shall continue in full force and effect. REVIEWED, UNDERSTOOD AND AGREED INTIAL BELOW *

THIS AGREEMENT CONTAINS A RELEASE OF LEGAL RIGHTS. READ AND BE CERTAIN YOU UNDERSTAND BEFORE SIGNING.

THIS AGREEMENT CONTAINS A RELEASE OF LEGAL RIGHTS. READ AND BE CERTAIN YOU UNDERSTAND BEFORE SIGNING. *

LESSEE"S SIGNATURE

By signing below you state that you are over the age of eighteen and are capable and experienced in using the tools you are borrowing and that you will use the tools that you are borrowing in a proper manner. PLEASE SIGN BELOW

By signing below you do hereby for yourself, on behalf of your successors and assignees, in consideration of being permitted to borrow tools, waive any and all claims against NeighborWorks® Pocatello (NWP) and any others associated with this lending program for any injury or injuries of any nature that you or any others using the tools while leased by you may suffer or incur in the use of the tools you are borrowing from the library. PLEASE SIGN BELOW

By signing below you do hereby for yourself, on behalf of my successors and assignees, in consideration of being permitted to borrow the tools, agree to release and indemnify and hold harmless PNHS and any others associated with this lending library 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 the tools you are borrowing from the shed. PLEASE SIGN BELOW

Date *

By signing below you promise to return the tools in good of condition with only normal wear and tear and in clean condition. In event the tools are late, damaged or not returned you agree to be responsible for the value of the equipment. PLEASE SIGN BELOW

Name