The Thingery at Collingwood Village

WAIVER & INDEMNIFICATION FORM

WAIVER & INDEMNIFICATION

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

I, the undersigned, do hereby for myself, on behalf of my successors , heirs and assigns, in consideration of being permitted to borrow equipment, such consideration I agree is sufficient, waive any and all claims against the Thingery Sharing Inc, its partners, directors, officers, agents, members, volunteers and employees (“Indemnitees”) for any injury or injuries of any nature that I may suffer or incur in the use of the equipment that I am borrowing from the Thingery.

I, the undersigned, hereby for myself, on behalf of my successors and assigns, in consideration of being permitted to borrow equipment, agree to release and indemnify​and hold harmless ​the Indemnitees from any and all liability, loss, claims, and demands, actions or causes of action for in relation to a breach of the Rules and Borrowing Policy, 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 equipment I am borrowing from the Thingery Sharing Inc, whether those damages or injuries are caused by myself or a third party. I am aware that the Indemnitees claim no expertise and make no representation concerning the fitness of any equipment for any particular use.

I state that I have read and fully understand the Rules and Borrowing Policy of the Thingery Sharing Inc 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 this Waiver and Indemnification form, relinquishing any and all claims against the Indemnitees.

RULES & BORROWING POLICIES

1. Members must be 18 years of age or older to borrow equipment from the Thingery.

2. All Members must read and sign the Thingery Waiver and Indemnification Form.

3. Only Members are authorized to borrow equipment from the Thingery. Members shall not permit the use of Thingery items by non-Members, unless the non-Member is accompanied and supervised at all times by the borrowing Member. Members are liable for non-Members they accompany and supervise in using equipment, and responsible for their adhering to the Rules & Borrowing Policies.

4. Additionally, members are not permitted to share their access with anyone. A member will be charged $50 violation fee for the first instance of a member access misuse and any subsequent misuse may be subject to member suspension.

5. Prior to borrowing equipment, all Members must provide one (1) piece of Federal or Provincial government-issued photo identification (such as a BC Driver's Licence) and a valid credit card.

6. Borrowed equipment may be borrowed for a period of up to 10 days.

7. All equipment borrowed is to be returned to the Thingery location from which they were borrowed by the close of business on their due date. Equipment may only be returned during the Thingery’s hours of operation.

8. If a piece of equipment is returned late, the Member will be charged a daily late fee equal to $2/per day/per item. Late fees are capped at the full replacement cost of the piece of equipment plus a $25 administrative fee per item. Late fees are subject to change.

9. The Thingery may replace severely delinquent equipment, holding the user responsible for the full replacement cost plus a $25 administrative fee. Fines must be paid in full before borrowing additional items.

10. The Thingery reserves the right to use appropriate steps to retrieve delinquent equipment or unpaid fines and fees, including the use of a collection agency and/or legal action and assess the delinquent user with the cost of any such action. The Thingery also reserves the right to forgive fees due to special circumstances.

11. The user agrees that the Thingery is not responsible for any manufacturing, material, or quality of workmanship defects of borrowed equipment.

12. By taking possession of any item, the user is certifying that they are capable of using that item in a safe and proper manner.

13. The user agrees that they will not use any borrowed equipment or items while under the under the influence of alcohol or drugs (whether illicit, or contrary to supplier’s, manufacturer’s, or physician’s recommendations with regard to use, dosage, and prohibited activities).

14. The user agrees that they will not use any borrowed equipment in any way that is contrary to applicable laws and will at all times while in possession of borrowed equipment adhere to applicable laws.

15. The user agrees that if any borrowed equipment becomes unsafe or enters a state of disrepair, the user must immediately discontinue use of the equipment and notify the Thingery of the issue on return, if not earlier.

16. All equipment is to be returned in the same condition as they were issued, barring normal wear and tear. All equipment must be returned clean. The Member agrees to pay for the loss of or damage to any item and further agrees to accept the Thingery’s assessment of condition of items and to further agree to the Thingery’s assessment of fair restitution for damage, dirtiness, delinquency, and/or loss of items in part or in total. This restitution amount may equal the full replacement cost of the item plus a $25 administrative fee.

17. The Thingery reserves the right to refuse the loan of any item at its discretion.

18. The Thingery reserves the right to alter the lending policy at any time. The current Rules & Borrowing Policies will be displayed and available in print at the Thingery during normal hours of operation.

I confirm I am 18 years of age or older

This Privacy Policy provides our policies and procedures for collecting, using, and disclosing your information. Users can access the our registration webpage (the “Service”) through https://thingerycollingwood.myturn.com/library/createUser/create?requestedFormat=. This Privacy Policy governs your access of the https://thingerycollingwood.myturn.com, regardless of how you access it, and by using our Services you consent to the collection, transfer, processing, storage, disclosure and other uses described in this Privacy Policy. All of the different forms of data, content, and information described below are collectively referred to as “information”.

THE INFORMATION WE COLLECT AND STORE

We may collect and store the following information when you access our website and services:

Information you provide.

When you register an account at https://thingerycollingwood.myturn.com/library/createUser/create?requestedFormat=:, we collect the following personal information:

- First name
- Last name
- Email
- Username
- Password
- Address
- City
- Country
- Province
- Postal code
- Phone number
- Date of birth

Cookies

Like many websites, we use "cookies" to enhance your experience and gather information about visitors and visits to our websites. Cookies are small files that a site or its service provider transfers to your tablet, mobile device, or computer's hard drive through your Web browser or application that enables the site's or service provider's systems to recognize your browser and capture and remember certain information. For instance, we use cookies to help us remember and process items that you may order or persons that you may connect with. They are also used to help us understand your preferences based on previous or current site activity, which enables us to provide you with improved services. We also use cookies to help us compile aggregate data about site traffic, site interaction so that we can offer better site and tools in the future. We may contract with third-party service providers to assist us in better understanding our site visitors. These service providers are not permitted to use the information collected on our behalf except to help us conduct and improve our business.

2. HOW WE USE PERSONAL INFORMATION

Personal Information

In the course of registering and using the website (https://thingerycollingwood.myturn.com/library) we may collect personal information that can be used to contact or identify you (“Personal Information”). Personal Information is or may be used: (i) to provide and improve our website and service (ii) to administer your use of the website and service (iii) to better understand your needs and interests, (iv) to personalize and improve your experience, and (v) to provide or offer software updates and product announcements. If you no longer wish to receive communications from us, please follow the “unsubscribe” instructions provided in any of those communications, or update your account information.

Analytics

We also collect some information (ourselves or using third party services) using logging and cookies, which can sometimes be correlated with Personal Information. We use this information for the above purposes and to monitor and analyze use of the website and service, for the website and services’ technical administration, to increase our website and services’ functionality and user-friendliness, and to verify users have the authorization needed for the website and services to process their requests.

3. INFORMATION SHARING AND DISCLOSURE

Service Providers, Business Partners and Others

We may use certain trusted third-party companies and individuals to help us provide, analyze, and improve the website and services (including but not limited to web analytics, website and services usage, payment processing, and improvement of the website and services’ features). These third parties may have access to your information only for purposes of performing these tasks on our behalf and under obligations similar to those in this Privacy Policy.

Compliance with Laws and Law Enforcement Requests

Protection of Our Rights

We may disclose to outside parties files stored by us and information about you that we collect when we have a good faith belief that disclosure is reasonably necessary to (a) comply with a law, regulation or compulsory legal request; (b) protect the safety of any person from death or serious bodily injury; (c) prevent fraud or abuse; or (d) to protect property rights.

Business Transfers

If we are involved in a merger, acquisition, or sale of all or a portion of our assets, your information may be transferred as part of that transaction, but we will notify you (for example, via email and/or a prominent notice on our website) of any change in control or use of your Personal Information.

Non-private or Non-Personal Information

We may disclose your non-private, aggregated, or otherwise non-personal information, such as usage statistics of the website and services.

4. CHANGING OR DELETING YOUR INFORMATION

If you are a registered user, you may review, update, correct or delete the information provided in your registration or account profile by changing your “account settings” though the website. If your information changes, or if you no longer desire to use the website, you may update or delete it by making the change on your account settings. In some cases we may retain copies of your information if required by law.

5. DATA RETENTION

We will retain your information for as long as your account is active or as needed to provide you access to the website and services. If you wish to cancel your account or request that we no longer use your information to provide you access to the website and services, you may delete your account by following instructions on the website. We may retain and use your information as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements. Consistent with these requirements, we will try to delete your information quickly upon request. Please note, however, that there may be a delay in deleting information from our servers and backed-up versions may exist after deletion.

6. SECURITY

The security of your information is important to us. When you enter sensitive information (such as a credit card number) on our order forms, we encrypt the transmission of that information using secure socket layer technology (SSL).

We follow generally accepted standards to protect the information submitted to us, both during transmission and once we receive it. No method of electronic transmission or storage is 100% secure, however. Therefore, we cannot guarantee its absolute security. If you have any questions about security on our website, you can contact us at info@thethingery.com

8. OUR POLICY REGARDING CHILDREN

The website and services are not directed to persons under the age of 18. We do not knowingly collect information from persons under the age of 18. If a parent or guardian becomes aware that their child has provided us with information without the parent or guardian’s consent, they should contact us at info@thethingery.com. If we become aware that a person under the age of 18 has provided us with information, we will take steps to delete such information from our files.

9. CONTACTING US

If you have any questions about this Privacy Policy, please contact us at info@thethingery.com

10. CHANGES TO OUR PRIVACY POLICY

This Privacy Policy may change from time to time. If we make a change to this privacy policy that we believe materially reduces your rights, we will provide you with notice (for example, by email). And we may provide notice of changes in other circumstances as well. By continuing to use the website and services after those changes become effective, you agree to be bound by the revised Privacy Policy.