LIABILITY RELEASE
In consideration of being allowed to borrow toys or other items from Emily Bedford and Anna de Vries operating as The Calgary Toy Library, an adult or parent acknowledge and agree as follows:
This Release applies to activities offered, toys loaned, and any other services (collectively “activities”, “toys” or “services”) offered by at its own location, or when toys from Emily Bedford and Anna de Vries operating as The Calgary Toy Library are taken home or to any other location. The waivers of liability and all other matters considered by this Release shall apply equally to any agent, employee, owner or officer of Emily Bedford and Anna de Vries operating as The Calgary Toy Library, and to any other third party that provides toys, other items, locations, premises or services.
Activities and Risks
Parents and Caregivers wholly take the responsibility for managing the risks of the activities, supervised or not, including not providing a toy or taking part in an activity which may not be appropriate for the child for ANY reason, including, but not limited to the toy containing small parts, or being in any way hazardous to the child. If I am a Parent of Caregiver of a participating minor, I have explained these responsibilities to my minor child or ward. Members and the children they are responsible for will be the sole users of the borrowed toys, and take sole responsibility for the toys they borrow.
Risks of the toys and activities include, among others, the following: (1) misuse of the toy or facts; (2) parts being ingested (3) an inappropriate toy causing harm to the child. Emily Bedford and Anna de Vries operating as The Calgary Toy Library may conduct examinations of toys or other items, may clean and inspect toys or items, and may provide suggestions for appropriate use. However, Emily Bedford and Anna de Vries operating as The Calgary Toy Library, does not in any way warrant or guarantee toys to be in good working order, made of safe materials, free from hazards, either visible or latent, or that the toys are appropriate for a specific age or child. Subject to ordinary wear and tear, such as minor dents and chips, members agree to return toys in the same good, clean and undamaged condition as was received. All toys borrowed from Emily Bedford and Anna de Vries operating as The Calgary Toy Library are to be used in a smoke-free environment. Where there is an instance of second-hand smoke detected on a borrowed toy, the member agrees to reimburse Emily Bedford and Anna de Vries operating as The Calgary Toy Library the full retail value of each of their borrowed toys.
Emily Bedford and Anna de Vries operating as The Calgary Toy Library, exists only to act as a service to its patrons in finding and lending toys, and makes no claims whatsoever about the condition, cleanliness, safety, proper use, advisability of use or appropriateness for a particular child or use for any toy or other item or activity. The Parent or Caregiver completely and in perpetuity waives any and all claim of liability for any reason against Emily Bedford and Anna de Vries operating as The Calgary Toy Library and indemnifies and holds any toy provider to Emily Bedford and Anna de Vries operating as The Calgary Toy Library any service provider and any agent, employee, officer or owner of Emily Bedford and Anna de Vries operating as The Calgary Toy Library harmless for any loss, claim, or damages that in any way relate to the member’s or child’s use of the toys, presence or participation in any activity relating to Emily Bedford and Anna de Vries operating as The Calgary Toy Library.
Assumption of Risks
Parents or Caregivers hereby acknowledges the risks described above and their inherency, and that other risks, known and unknown, inherent and otherwise, may be encountered. I expressly assume all the risks, known and unknown, inherent or not, and whether or not described above, of enrollment or participation in any activity or the use of any toy and facility.
Release and Indemnity
I, an adult Parent, legal guardian, or other adult with actual authority to do so, to the maximum extent allowed by law hereby agree to release and discharge Emily Bedford and Anna de Vries operating as The Calgary Toy Library (“Released Party”) from all claims, liabilities and losses asserted by or on behalf of me or the minor participant in any way arising from or connected with my participation in an activity described in the Liability Release. I understand that in signing this document, I surrender my and the child’s right to make a claim or file a lawsuit against the Released Party for personal injury, property damage, wrongful death, products liability or any other theory, to the maximum extent allowed by law.
I further agree to hold harmless and indemnify (that is, defend and pay or reimburse) the Released Party from any claim and from any liability, loss, damages or expenses (including attorneys’ fees) resulting from 1) a claim brought by a co-participant, rescuer, emergency personnel, or any other person for loss or damage caused by my, or the minor participant’s, acts or omissions; and 2) a claim brought by any member of my or my minor child’s family in any way arising out of my or the Guest’s participation in an activity related to Emily Bedford and Anna de Vries operating as The Calgary Toy Library. These agreements of release and indemnity include loss, damage or expense claimed to have been caused in whole or in part by the negligence of a Released Party, but not gross negligence or intentionally wrongful conduct.
Late Fees. A late fee of $1 per day per item will be charged until the item is returned.
Lost or Broken Toys. We strongly recommend designating a corner or shelf in your home for our items. When you check out an item, we will count or weigh it with you, and we’ll do the same when you return it. We offer two options should you ever lose an item that you’ve checked out:
Buy the identical item and bring it in as a replacement.
Pay the “love it or lose it” price for the item (the retail cost of the item less 10%)
Missing Parts. If you lose a piece of an item and the item is still functional without it, we will charge a small replacement fee at our discretion. If the missing part renders the item incomplete and the item can no longer be used, we will treat it as a broken toy, giving you the two replacement options above.
I have carefully read, understood and voluntarily sign this Release and acknowledge that it shall be effective and binding upon me, my minor child or ward who is a participant, and my, or the child’s, family, heirs, executors, administrators and representatives. I agree that if any portion of this Release is held by a court of competent jurisdiction to be invalid, the balance of this Release shall continue in full force and effect.
Memberships are subject to suspension or cancellation at the discretion of Emily Bedford and Anna de Vries operating as The Calgary Toy Library.
