3.03 Library of Things Policy

Purpose

The Traverse Area District Library ‘Library of Things’ is a collection of non-traditional library items (herein referred to as a Thing or Things) that complement the Library’s mission of providing dynamic resources and innovative services to stimulate intellectual curiosity, facilitate lifelong learning, promote literacy, and nurture personal enrichment.

Borrowing and Use

• Things must be checked out from and returned directly to the same Service Desk of the lending library from which the Things were borrowed.
• A fine will be added to the borrowers account if any Things are returned to the book drop or left somewhere outside or inside the library.
• A valid TADL library card with no suspensions imposed per Library and Account Policy is required to borrow a Thing.
• If circumstances warrant, the Library reserves the right to refuse a borrower the use of items from the Library of Things or to discontinue borrowing privileges for items in the Library of Things collection.

Lending Periods and Fines

• Loan periods for Things can vary by item.
• Things may be renewed unless another patron has a hold on the it.
• Overdue fines vary depending on the Thing. The maximum overdue fine will equal the replacement cost.
• Based on Michigan Penal Code, Act 328 of 1931, MCL 750.362 and 362a, which provide that any person who converts for their own use or fails to return rented tangible library property shall be guilty of larceny, and be prosecuted for a misdemeanor: If the Thing is more than 30 days overdue, it will be considered lost or converted to personal use and the borrower will receive a bill to cover the replacement cost of the Thing. If a billed item is returned in good condition, the bill will be removed from the borrower’s account, but the borrower will be responsible for all overdue fines.

Responsibility and Liability

• By checking out a Thing, the borrower agrees to follow all Library policies and all state and federal laws governing the use of that item.’
•  By checking out a Thing, the borrower agrees to the TADL ‘Library of Things’ Lending Policy and the Lending rules for the Thing.
• The borrower is solely responsible for the Thing and will be billed for the repair or replacement cost associated with any damage or loss of a Thing and/or accessories excluding normal wear and tear.
• The library is providing the Thing “as is” and is not responsible for any defects in any borrowed Library of Things.
• The Borrower shall hold harmless and release the Library, its officers, agents, employees and volunteers from and for any and all liability, claims, demands, actions or rights of action, including but not limited to claims of injury, wrongful death, property damage, stolen or lost property, which are related in any way to or are in any way connected with borrowing or use of the Thing whether caused by any defect in the Thing, negligent acts or omissions of the Library, its officers, agents, employees and volunteers, or otherwise arising out of or in any way related to or connected with borrowing or use of the Thing.
• The borrower or the parent or guardian of a borrower less than 18 years old shall defend, indemnify and hold harmless the Library, its officers, agents, employees and volunteers from claims of injury, wrongful death, property damage, stolen or lost property, which are related in any way to or are in any way connected with borrowing or use of the Thing,  of third parties or the borrower if less than 18 years old in connection with the borrower’s borrowing or use of the Thing.  This indemnification obligation shall exclude only those claims brought as a result of the Library, its officers, agents, employees, or volunteers’ sole negligence, is not to be construed as a waiver of the defense of governmental immunity that may be asserted by the Library, its officers, agents, employees or volunteers, and shall continue for the applicable period of limitations for any claims, liabilities or actions.  
• If any borrowed Thing becomes unsafe or in a state of disrepair, the patron must immediately discontinue use of the item and notify the library of the issue upon returning the Thing.
• A list of replacement costs of Things is maintained by the Library and is available for viewing upon request.
• The Library is not responsible for the loss of data while using a Thing.
• The Library is not responsible any consequences for the borrower’s actions while using the Thing.
• The Library will apply any required rules or regulations to its Things.

Care and Operation

• The Thing may only be used, operated, and cleaned in compliance with TADL’s policies, intended use, and manufacturer’s guidelines.
• Borrower shall not make any modifications or alterations to the Thing.
• Use care and safety when handling and using the Thing.
• Return the Thing with all parts, components and accessories.
• Do not attempt to repair a Thing.

Revised June 15, 2023