SOUTHEAST PORTLAND TOOL LIBRARY

~    MEMBER AGREEMENT    ~

Thank you, __{FullName}__, ("You", "Your", or "Yourself") for becoming a member of Southeast Portland Tool Library, an Oregon Nonprofit Corporation ("SEPTL"). This MEMBER AGREEMENT (the "Agreement") is a legal agreement between You and SEPTL. You and SEPTL agree as follows: 

1.  Your Representations. You represent and warrant that you have carefully read this Agreement, You are at least 18 years old, You are capable of using the tools you borrow, and You will use them in a safe and proper manner. Under no circumstances will You allow others to use the tools you borrow.

2.  Assumption of Risk. You acknowledge that SEPTL tools are not maintained by professionals and that using the tools bears certain known and unknown risks that could result in your injury, death, illness, disease, or damage to Your property. Knowing the risks of using tools borrowed from SEPTL and in consideration of being permitted to borrow such tools, You hereby freely and voluntarily assume any and all risks arising from or in any way connected with Your presence at SEPTL, Your presence at Hinson Memorial Baptist Church (the "Church"), or the use of SEPTL's tools or equipment, including, without limitation, any risk related to hazardous conditions at SEPTL or the Church, injuries that may occur as a result of tools or equipment that malfunctions or breaks, any slip, fall, dropping of tools or equipment, or any improper maintenance of tools or equipment.

3.  Waiver and Indemnification. To the maximum extent permitted by law, for Yourself, Your heirs, personal representatives and assigns, You hereby waive, release and discharge and hold harmless from and indemnify SEPTL, Southeast Uplift Neighborhood Program, Inc., and the Church, including their respective members, volunteers, officers, directors, donors, and employees (the "Released Parties"), against any and all claims, present and future, damages, demands, liability, rights of action and causes of action arising out of or in any way connected with (a) Your presence at SEPTL or the Church or use of SEPTL's or the Church's facilities, tools or equipment, (b) the transportation of SEPTL's tools, (c) the presence of a guest of Yours at SEPTL or at the Church, (d) the use of SEPTL's tools borrowed by You and used by a third party, or (e) negligent acts or omissions of the Released Parties, including, without limitation, liability for any loss of property, death or injury suffered by You or for which You may be liable to any other person resulting from any cause. YOU AGREE THAT THIS RELEASE OF LIABILITY AND THE ASSUMPTION OF RISK WILL EXTEND TO ALL CLAIMED WRONGFUL ACTS OF THE RELEASED PARTIES TO THE GREATEST EXTENT ALLOWED UNDER THE LAWS OF THE STATE OF OREGON, INCLUDING THE NEGLIGENCE OF ANY OF THE RELEASED PARTIES.

4. DISCLAIMER. SEPTL'S AND THE CHURCH'S FACILITIES, TOOLS, MATERIALS, EQUIPMENT, ADVICE, AND ALL SERVICES ASSOCIATED WITH YOUR MEMBERSHIP AND ANY WORKSHOPS ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. SEPTL AND THE CHURCH DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.

5.  Miscellaneous. This Agreement contains the entire understanding of the parties regarding the subject matter hereof and supersedes all prior and contemporaneous negotiations and agreements, whether written or oral, between the parties with respect to the subject matter of this Agreement. If a provision of this Agreement is determined to be unenforceable in any respect, the enforceability of the provision in any other respect and of the remaining provisions of this Agreement will not be impaired. This Agreement shall be governed by and construed in accordance with the laws of the state of Oregon, without regard to the conflicts of laws rules. If either party brings against the other party any proceeding arising out of this Agreement or in relation to SEPTL's tools, that party may bring that proceeding only in a court sitting in Multnomah County, Oregon, and each party hereby submits to the exclusive jurisdiction of such court for the purposes of any such proceeding.

By Your signature below, You agree on this day,  __{DateToday}__ , to all the above and the SEPTL Rules and Regulations attached below.

~   SEPTL RULES and REGULATIONS   ~

1. Only residents of Southeast Portland living within the service area of Southeast Uplift Neighborhood Program, Inc. and who are over the age of 18 years are eligible to borrow tools from SEPTL.

2. You must inspect each tool prior to use, and before returning the tool, to ensure it is in good and working condition.

3. You must register with SEPTL prior to borrowing tools.  Registration includes verification of your identity and home address.  We will need to see a valid photo ID and/or a utility bill, mortgage statement, lease agreement, or similar, displaying a qualifying address if this is not on the photo ID.  

4. By taking possession of any tool or item, You certify that you are capable of using that tool or item in a safe and proper manner. You will use all proper safety precautions while operating the tools or equipment, including, when appropriate, face, eye, lung, foot, and hand protections. You understand and agree that it is Your responsibility to research the appropriate safety precautions for each tool that You borrow.

5. Only You are authorized to use SEPTL tools.  You shall not permit the use of items checked out to You by any other person except by the express permission of the SEPTL.

6. SEPTL tools are for personal use by owners or renters to repair or improve their own residences or businesses, and may not be used for commercial purposes (i.e., for for-hire contracting or trade work).

7. We at SEPTL are Your neighbors, and to be clear, we are not in any way tool experts.  This means we are not able to assess either the internal or the external condition of a tool, and by lending a tool to you, we are in no way claiming that the tool is safe for you to use.  

8. You agree that SEPTL is not responsible for any manufacturing defects in quality of workmanship or materials inherent in any borrowed tools.

9. You agree that if any borrowed tool is or becomes unsafe or in a state of disrepair, You will immediately discontinue use of the tool and notify SEPTL of the issue on return.

10. All tools borrowed are to be returned to the library before the return deadline.  Tools may only be returned during SEPTL open hours. Leaving tools outside during off hours may result in loss of all privileges.  Late fines, posted in the library, will be levied for each item kept beyond the return deadline.

11. To request a loan renewal, You must come into the Library with the tool before the return deadline defined above, and speak with a SEPTL volunteer.  Permission may be granted; however, the library may need to refuse or limit renewals based on demand for those tools.

12. All items are first come, first served.  Tools cannot be reserved.

13. You understand and accept that SEPTL may send you emails and/or SMS message as reminders of the tools you have on loan, as well as occasional emailed newsletters.

14. Items are to be returned clean and in the same condition as they were issued, barring normal wear and tear.  You agree to pay for the loss of or damage to any item and further agrees to accept SEPTL staff's assessment of condition of items and to further agree to SEPTL staff's assessment of fair restitution for damage, dirtiness, delinquency and/or loss of items in part or in total.  This restitution amount could equal replacement cost of the item plus handling and processing fees.

15. When tools are not returned by the designated due date, SEPTL will issue an overdue notice by phone call, email, SMS message, and/or letter.  If the tools are not returned after the notice has been sent, borrowing privileges will be revoked and appropriate steps may be taken to retrieve the tools, including the use of a collection agency and/or legal action.  SEPTL may replace severely delinquent tools, holding borrower responsible for full replacement cost plus applicable handling and processing fees. Fines must be paid in full before the SEPTL Board will consider restoring borrowing privileges.

SEPTL retains the right to refuse to loan any item to any person for any reason whatsoever.

Last updated April 13, 2025

SEPTL

CODE OF CONDUCT

OCTOBER 2019

The Southeast Portland Tool Library (SEPTL) is a community-based organization dedicated to lending household tools to local residents. Participation in the organization’s operations is subject to the observance of the organization’s rules and procedures.  

Our goal is to promote inclusiveness and diversity in our volunteers, our membership and our staff in order to enhance and enrich our effectiveness as a community organization. We ensure the right of all affiliated persons to appropriate and effective services without discrimination based on gender, sexual orientation, national origin, race, religion, age, political affiliation, socio-economic status, or disability.

HOW WE TREAT ONE ANOTHER

At SEPTL we treat each other with respect and dignity. This means that all parties are entitled to work in an environment that is free of harassment, bullying and discrimination. The activities outlined below are strictly prohibited. Any volunteer, board member, or patron who violates this Code is subject to discipline, up to and including removal from the premises. 

• Abusive language towards anyone including offensive or derogatory jokes or comments (explicit or by innuendo)

• Discourtesy or rudeness to anyone

• Verbal, physical or visual harassment of anyone including unwelcome remarks, gestures or physical contact

• Bullying or taking unfair advantage of anyone

• The display or circulation of offensive, derogatory or sexually explicit pictures or other materials, including by email and on the Internet

• Actual or threatened violence toward any individual or group

• Conduct endangering the life, safety, health or well-being of others

• Failure to follow any SEPTL policy or procedure

• Bringing to SEPTL’s property dangerous or unauthorized materials such as explosives, firearms, weapons or other similar items

HEALTH, SAFETY, & SECURITY                                                    

All parties are expected to follow all safety rules and practices; cooperate with the enforcement of these rules and practices; take necessary steps to protect themselves and others; and report immediately all accidents, injuries and unsafe practices or conditions to the Board.

REPORTING

Any allegations of violations experienced personally or by witness, should be addressed to the volunteer coordinator at volunteers@septl.org. If the volunteer coordinator is the subject of the complaint, please contact the board president at president@septl.org.