CAROUSEL TOY LIBRARY LLC Membership Agreement

CAROUSEL TOY LIBRARY LLC LIABILITY RELEASE AGREEMENT

Members are defined as person(s) who have active memberships with CAROUSEL TOY LIBRARY LLC. Members can be a parent/legal guardian, or caregiver who has agreed to become a member on behalf of themselves and/or their child(ren). Within this document this parent/legal guardian/caregiver will be referred to as “Member(s)”.

In consideration of being allowed to borrow toys or other items from CAROUSEL TOY LIBRARY LLC, an adult Member, or parent of a minor Member (for myself and on behalf of that minor Member), acknowledge and agree as follows:

This Release applies to activities offered, toys/other items loaned, and any other services (collectively “activities”, “toys” or “services”) offered by CAROUSEL TOY LIBRARY LLC at its own location, or when toys from CAROUSEL TOY LIBRARY LLC 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 CAROUSEL TOY LIBRARY LLC and to any other third party that provides toys, other items, locations, premises or services to CAROUSEL TOY LIBRARY LLC.

Activities and Risks

Members 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 Member for ANY reason, including, but not limited to the toy containing small parts, or being in any way hazardous to the Member. If I am a Parent or Caregiver of a participating minor, I have explained these responsibilities to my minor child or ward Member.

Risks of the toys and activities include, among others, the following: (1) misuse of the toy or facilities; (2) parts being ingested (3) an inappropriate toy causing harm or death to a Member. CAROUSEL TOY LIBRARY LLC may conduct examinations of toys or other

items, may clean and inspect toys or items, and may provide suggestions for appropriate use. However, CAROUSEL TOY LIBRARY LLC 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.

CAROUSEL TOY LIBRARY LLC 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 Member completely and in perpetuity waives any and all claim of liability for any reason against CAROUSEL TOY LIBRARY LLC, and indemnifies and holds CAROUSEL TOY LIBRARY LLC, any toy provider to CAROUSEL TOY LIBRARY LLC, any service provider and any agent, employee, officer or owner of CAROUSEL TOY LIBRARY LLC harmless for any loss, claim, or damages that in any way relate to the Member’s use of the toys, presence on TOY LIBRARY LLC premises, or participation in any activity relating to CAROUSEL TOY LIBRARY LLC.

Assumption of Risks

Members hereby acknowledge 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 CAROUSEL TOY LIBRARY LLC (“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 agreeing to 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 Member’s participation in an activity related to CAROUSEL TOY LIBRARY LLC. 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.

CAROUSEL TOY LIBRARY LLC Membership Agreement

The following has been established to make borrowing toys from CAROUSEL TOY LIBRARY LLC an enjoyable and consistent experience for all of our members. Please don’t hesitate to contact us with any questions or concerns.

2. “Rental Period” is the amount of time the Member has possession of one group of toys. This period may not exceed two (2) weeks.

3. “Agreement Period” is the length of time the Member selects to have an active membership with CAROUSEL TOY LIBRARY LLC. All Agreement Periods are required to be prepaid in full.

Members of CAROUSEL TOY LIBRARY LLC must purchase a membership to gain access to the toy library catalog. The membership will be issued to the adult who is legally responsible for the child(ren) for whom the membership will benefit. This adult is legally responsible for compliance with the membership terms included in this agreement.

The Member will select from the membership options below:

  • Classic Membership - $50/month - Credited 5 points per each Rental Period (no commitment. Automatic renewal each month. Can cancel at any time.)

  • Grand Membership- $65/month - Credited 10 points per each Rental Period (no commitment. Automatic renewal each month. Can cancel at any time.)

  • Mini Membership - $30 - Credited 5 points for 2 week Rental Period.

  • Additional credits can be purchased each Rental Period for $5/credit.

  • Annual Membership - $480/year - Credited 5 points per each Rental Period (12 month commitment)

The number of toys checked out by any Member shall not exceed the limit as stated above, based on your membership level. Toy reservations are on a first-come, first-served basis. Toys must be reserved before the deadline established by CAROUSEL TOY LIBRARY LLC in order to be received on the next “exchange Day”.

Toys may only be returned and exchanged on “exchange Days”, which are predetermined by CAROUSEL TOY LIBRARY LLC. Toys may be checked out for a maximum of two (2) weeks. At this time renewal is permitted for select items.

If a borrowed toy is not available to be picked up and placed in a clearly visible location, this will be considered a “missed pickup”. In the event of a missed pickup, the subsequently reserved toy(s) will not be delivered. The toy(s) delivery will be rescheduled for another day at the discretion of CAROUSEL TOY LIBRARY. The Member will be responsible for a missed pick up fee of $5.

If a borrowed toy is not returned on or before the 2 week limit, or prior to the expiration of the membership term, the Member will be assessed a fine.

Additional toys may not be checked out by Members with overdue toys, outstanding fines or fees, or who are not in good standing with CAROUSEL TOY LIBRARY LLC

Monthly memberships will continue indefinitely and will be renewed automatically. Monthly memberships can be canceled at any time by contacting CAROUSEL TOY LIBRARY LLC. Annual and short-term memberships expire at the end of the prepaid membership term. Members will receive notification of upcoming expiration. All Membership sales are final.

Members are encouraged to inspect toys and count the pieces and components of the toys upon picking them up.

All toys are the responsibility of the Member while on loan. Members are asked to treat the toys, bags, and packaging with care. Members should thoroughly clean and inspect toys prior to return, and toys should be returned in the box/bag they were checked out in.

If a piece has been misplaced, you may return the toy and continue to look for the missing piece for 24 hours after the “exchange Day”. If the piece cannot be located, CAROUSEL TOY LIBRARY LLC may impose a fee to replace the part/toy.

If items are returned in an unsatisfactory condition, damage fees will be applied. The damage fee will be an estimated cost based on cleaning or replacing the toy. It is at the discretion of CAROUSEL TOY LIBRARY LLC what level of damage constitutes a damage fee.

CAROUSEL TOY LIBRARY LLC reserves the right to suspend or cancel the membership and/or toy borrowing privileges of anyone who violates these terms.