Borrower’s Agreement & Items Use Policy

1.          Members must be age 18 or over to borrow items from Play Pod or represent a member organisational as a registered staff or volunteer to be covered under their insurance and policies. 

2.          Before borrowing items, all Members must create an online account requiring an email address. 

3.          Play Pod staff and volunteers are available to assist in explaining the operation of

        items.

         However, by taking possession of any item, the Member is certifying that they can use that item safely and properly. 

4.          The Member is not authorised to sublet items borrowed from Play Pod.

        The Member shall not permit the use of items checked out to them by any other person unless part of the play provision they are delivering or by the express permission of the Play Pod.

5.          There is a cost of membership, Organisations and individuals can select an annual cost. Individuals can opt for a monthly membership.

6.          All items borrowed are to be returned to Play Pod by 7pm on their return date. 

7.          Members may renew each item if (a) the Member contacts Play Pod by noon on the day before the return date and (b) no other Member has reserved the item. 

        Play Pod reserves the right to refuse or limit renewals.

        Play Pod will only be liable to you for loss or damage caused by our negligence in failing to tell you about a known fault. We will not be liable for faults of which we are not aware of. 

Other than this Play Pod exclude all liability for death or personal injury caused by our negligence or breach of contract. Because we (EggSeeds Ltd) are a not for profit business, the risk to you is greater than if you were paying to hire something or buying it. 

8.          The Member agrees that Play Pod is not responsible for any manufacturing defects in quality of workmanship or materials inherent in any borrowed items. Each time you take an item out you must check it visually before you take it and make other checks for any faults that you may be able to identify before using it. 

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 Play Pod.

9.          If you are borrowing electrical equipment, you must check the visible wires and plug for any damage before use. If you are using the item outside, moving it about, or using it in circumstances  where it may encounter water, anything sharp or other electrical wiring, you must use a circuit breaker. 

10.        All items are to be returned in the same condition as they were issued, barring normal wear and tear. All items must be returned clean. 

11.        Play Pod and the Member will come to an individual agreement in respect of any loss of or damage to any item and the Member further agrees to accept the Play Pod’ assessment of condition of items and on return engage in discussion of fair restitution for damage, dirtiness, delinquency, and/or loss of items. Play Pod reserves the right to refuse the loan of any item at its discretion. 

12.        If Play Pod is not the owner of the item and only facilitates contact between you and the Owner, Play Pod accepts no liability for the condition of any item or any loss or damage resulting from your use of it. 

13.        Members can borrow the items to do professional work where you are charging a fee to a third party. You will need to be insured for this activity, have safeguarding policies in place and have risk assessments carried out for your planned usage and activity, the member will risk your membership being terminated if you fail to comply. Sam Holt of EggSeeds has the right to request proof of these and as a registered data handler so will store personal information in a compliant manner. Reg ICO ZB109956

14.        Members understand that you need public liability insurance to use the item that you have borrowed for your event/activity and to allow your clients to use the items at the event/activity. You must comply with your own insurance standards. Where you are using staff or volunteers to oversee use of the items you must also carry Employees liability insurance. We have the right to request proof of this insurance coverage before full membership is accepted.

15.        If you borrow an item and with our agreement pass it on to another Borrower before it is returned to us and checked back in, you remain liable to us for the return and condition of the object until it is returned to us. If you collect an item from another Borrower with our agreement that will also be on the terms of this Agreement. 

16.        You affirm that the information that you have provided when signing up to the online borrowing platform is current, true, and correct. You understand that this information may be subject to verification. Please notify us of any changes to address when they occur. 

17.        You further state that you have read and fully understand the rules and regulations of Play Pod, and you understand that failure to comply with any of these rules may result in revocation of your membership privileges and/or legal action against you. You have read the Waiver and Indemnification form below, relinquishing all claims against Play Pod. 

Liability Waiver

The items in our library are for the use of Play Pod members. Out of respect for future users, please take care of the items you borrow and report any damage to Play Pod immediately. Though borrowers are responsible for damage that they have caused, we promise not to be angry. 

Your Statements – READ THIS CAREFULLY EVERY TIME YOU BORROW ANYTHING 

●          I am capable and experienced in using the items I am borrowing, and that I will use the items I am borrowing in a proper manner. I am aware that Play Pod, its partners, directors, officers, members, and employees claim no expertise and make no representation concerning the fitness of any item for any particular use. 

●          I, do hereby for myself, on behalf of my successors and assigns, waive any and all claims against Play Pod, its officers, agents, and employees for any injury or injuries of any nature that I may suffer or incur in the use of the item that I am borrowing from Play Pod except those caused by a defect known to Play Pod and not made known to me. 

●          I agree to release and indemnify and hold harmless Play Pod 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 items I am borrowing from Play Pod.