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Definitions
“The Club” means Federwyrm & Manchester School of Arms HEMA club, and “the Borrower” means a thirs party borrowing “Loaned Equipment” from the Club.
The “Loaned Equipment” is any Club equipment withdrawn by the Borrower from the Club Stores from time to time.
The “Club Stores” means the room at Christ Church Moss Side in which the Club’s equipment is stored.
The Loaned Equipment
The Loaned Equipment is and remains at all times the sole property of the Club and nothing in this agreement shall act to transfer or assign any rights in this property to the Borrower or any third party, save as is expressly provided in this agreement. At the end of the agreement, all equipment shall be returned to the Club in good condition, allowing for usual wear and tear.
Loaned Equipment Fee
The Club agrees to provide the Loaned Equipment to the Borrower from time to time, for use in martial arts practice. In consideration of such, the Borrower shall pay to the club a weekly Fee of £16.00 by electronic bank transfer or card payment, payable weekly from the agreement effective date.
The Fee may be waived by mutual agreement if the Borrower does not make use of any Loaned Equipment in a given week.
Assumption of Risk
The Club maintains and inspects its own equipment to ensure it is safe for use, however from time to time, equipment may become damaged and unsafe for use. The Borrower agrees and accepts that all Loaned Equipment is used at the Borrower’s own risk and that the Club shall not be liable for any accident or injury resulting from or in connection with the use of Loaned Equipment, such being the sole responsibility of the Borrower. The Borrower further agrees and accepts that it is solely responsible for maintaining its own safety standards and insurance policies; and for carrying out its own inspections to ensure the Loaned Equipment is safe for use before using it in martial arts practice.
Equipment Officer
The Borrower shall nominate an Equipment Officer who shall be the point of contact between the Borrower and the Club. The Equipment Officer shall be responsible for ensuring the Loaned Equipment is properly checked in and out of the Club’s Stores and is stored safely and securely while not in use. If the Equipment Officer is not available, no equipment is to be withdrawn from the Club Stores by any other person without the express permission of an officer of the Club. The name and details of the Equipment Officer will be noted at the end of this agreement and may be changed by agreement between the parties from time to time.
Equipment Use and Storage
The Borrower is responsible for the Loaned Equipment in its care. The Borrower agrees to keep the Loaned Equipment clean and in good condition (subject to usual wear and tear) while it is in the Borrower’s possession; and to keep it in a safe and secure place when not in use until such time as it is returned to the Club Stores. In particular, this means storing the Loaned Equipment in a place safe from unnecessary wear and tear due to improper storage, weather and water damage, and theft.
Equipment Borrowing Procedure
The Borrower shall follow the below procedure when loaning equipment from the Club: When withdrawing equipment: The Equipment Officer shall check the equipment out of the Club Stores by completing the Borrowing Form. This involves recording the name and quantity of the equipment being borrowed from the Club Stores, a photograph of the before condition to be sent to the Quartermaster, and the date and time of the withdrawal. All withdrawals must be signed off on by the Equipment Officer and an officer of the Club.
When returning equipment: The Equipment Officer shall return all Loaned Equipment, including any broken or damaged equipment, to the Club Stores, and check the equipment back into the Stores by completing the same in the Borrowing Form and sending a photograph of the return condition to the Quartermaster. In the event of any loss, breakage, or damage to the Loaned Equipment, the Equipment Officer shall inform an officer of the Club of the same before the next Club Session or Event and provide details of such in the Borrowing Form upon return. All returns must likewise be signed off on by the returning Equipment Officer and an officer of the Club.
Borrowing Period
The Borrower agrees that any Loaned Equipment shall be returned to the Club Stores no less than 30 minutes before the next Club Session or Club Event. Club Sessions are currently held Mondays 1930h-2130h and Thursdays 1930h-2130h.
The Club also holds Club Events from time to time, which may fall outside the usual schedule and will be notified via the usual club events channels. The Club reserves the right to change the date and times of such Sessions or Events from time to time.
Lost, Broken or Damaged Equipment
The Borrower is responsible for any loss, breakage, or damage to the Loaned Equipment while the Loaned Equipment is in its care, subject to normal wear and tear. The Club understands and accepts that equipment will become damaged in the course of normal use in martial arts practice and that such wear and tear is covered by the Fee. However, in the event that any of the Loaned Equipment becomes lost or severely damaged such that it is no longer fit for purpose or safe for use, the Borrower shall reimburse the Club for the cost of replacing that item of Loaned Equipment.
The Club shall endeavor to replace any lost or broken equipment with the same or equivalent equipment based on availability.
The costs charged to the Borrower shall not exceed the current market rate charged by licensed equipment retailers for such equipment from time to time.
Term and Termination
The agreement begins on the effective date of signing the agreement and continues until terminated by either party by written notice. The Parties show their acceptance of the terms of this agreement by signing below:
On behalf of the Club
NAME:
SIGNED:
TITLE:
DATE:
On behalf of the Borrower
NAME:
SIGNED:
TITLE:
DATE:
Signed paper copies will be held securely in hard copy form within the club stores and will be reviewed destroyed securely three years after termination of the agreement