Sign Up: The Toyary

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I have read and accept the following:

The Toyary Liability Release
The Toyary Membership Contract

The Toyary Liability Release

Prior to purchasing and/or borrowing any toy or other item, including Party Packs and events, from The Toyary, LLC (“The Toyary), each Member (representing all membership tiers and one-time or Party Pack borrowers and event space users) must read and agree with the following Release. This Release applies to any activities, toy loans and purchases, and any other services offered by The Toyary online, at its own or any other location and when toys are taken home. This Release also extends to any staff, volunteers and other third party partners of The Toyary.

Members are responsible for managing all risks.

Members and users of the Toyary must fully inspect each toy prior to allowing a child to use or play with it, and assure themselves that the toy is appropriate and safe for the child. As adult parents and caregivers, each Member is fully responsible for supervising and managing the risks involved in themselves, their child(ren) or others engaging with any and all toys purchased and/or borrowed from The Toyary. These risks may include but are not limited to toys with small parts, toys and materials that may in any way be hazardous to the Member and/or children covered, and/or taking part in anything that is not appropriate for the Member or child(ren) for any reason.

Toy and related risks include, among others, the misuse of toys or related items; the ingestion of parts and choking hazards; and harm upon a Member or child(ren) due to these or other risks. While The Toyary may clean, inspect and provide usage recommendations for toys or other items, it does not warrant, guarantee or make any claims about the condition of the toys, proper usage, the safety of their content or materials, their age or child appropriateness, and their freedom from visible or latent hazards.

The parent or caregiver completely and in perpetuity waives any and all claim of liability for any reason against The Toyary, and agrees to defend, indemnify and hold The Toyary, any toy provider or donor to The Toyary, any service provider and any agent, employee, officer or owner of The Toyary harmless, from and against any loss, claim, or damages that in any way relate to the Member’s use, including the use by any children under the care, custody or supervision of the Member, of the toys, physical presence on The Toyary premises, or participation in any activity relating to The Toyary.

Members acknowledge and assume all risks.

Members acknowledge and expressly assume all risks of enrolling and/or participating in The Toyary, whether these risks are known or unknown, inherent or not and described above or not.

Release and Indemnity

I, an adult Parent, legal guardian, or other authorized caregiver, to the maximum extent allowed by law hereby agree to release and discharge The Toyary (“Released Party”) from all claims, liabilities and losses asserted by or on behalf of me or the minor participant(s) 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 defend, hold harmless and indemnify (that is, defend and pay or reimburse) the Released Party from and against 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 The Toyary library or otherwise. 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.

Additional Provisions

I acknowledge and agree to the following additional provisions:

The Member further represents that neither he/she, nor his/her child, will be ill when coming to The Toyary and the child will not, to the best of the Parent’s knowledge, have been exposed to any contagious disease.

Member Responsibilities. The Member assumes full responsibility for himself/herself, as well as for the Member’s children or other children in his/her/their care, authorized caregiver, and invited Members. The Member shall indemnify and defend The Toyary, its employees, agents and officers from and against any and all liability incurred by any act of the Member, child or authorized caregiver. Should The Toyary include a physical play space, the Member agrees that he/she or their authorized caregiver shall remain on The Toyary premises at all times while his/her child is on the premises and carefully supervise each child at all times, and the Member agrees to assume all risks that may occur should the Member or authorized caregiver leave the premises. The Member assumes full responsibility for any and all toys, gear and other materials checked out on his/her account and agrees to remunerate The Toyary for the replacement cost of such materials in the event of any damage or loss to them.

Photo Release. UNLESS THE MEMBER OPTS OUT OF THIS PHOTO RELEASE BY CONTACTING THE TOYARY, the Member grants The Toyary permission to use his/her likeness and the likeness of his/her children visiting events/activities sponsored by The Toyary in a photograph, video, or other digital media (“photo”) in any and all of its publications, including web-based publications, without payment or other consideration. The Member understands and agrees that all photos will become the property of The Toyary. The Member irrevocably authorizes The Toyary and its affiliates and representatives to edit, alter, copy, exhibit, publish, or distribute these photos for any lawful purpose including but not limited to news, web casts, promotional purposes, telecasts, advertising, and social media. In addition, the Member waives any right to inspect or approve the finished product wherein the likeness appears. Additionally, the Member waives any right to royalties or other compensation arising or related to the use of the photo. The Member holds harmless, releases, and forever discharges The Toyary from all claims, demands, and causes or action which the Member, his/her heirs, representatives, executors, administrators, or any other persons acting on his/her behalf or on behalf or his/her estate have or may have relating to such media.

I have carefully read, understand and voluntarily sign this Release and acknowledge that it shall be effective and binding upon me, my minor child(ren) or ward(s) who is a participant, and my, or the child(ren)’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.

The Toyary Membership Contract

At The Toyary, we care as much about fueling imaginative, constructive, and inclusive play as we do about playing by the rules! By signing our Membership contract, you agree to adhere to the following rules of The Toyary, LLC (“The Toyary”). To make for a great toy lending experience, please review these rules in detail and reach out with any questions.

MEMBERSHIP SPECIFICATIONS

Member agrees he/she is an adult parent or caregiver of a child/children. A “Member” of The Toyary is defined as a parent or caregiver of a child/children who is registered (on an ongoing, annual, or single-use basis) to participate in The Toyary Membership program and who remains in good standing. A “Member” agrees to join the program on behalf of themselves and/or their child/children.
Member may identify one additional “Designated Adult”. A Member may also designate one additional adult (“Designated Adult”), including their spouse, co-parent or another caregiver to their child, to act as an agent on their behalf as it relates to fulfilling their non-financial Membership responsibilities under this Membership agreement.
Member must provide immediate notice of any changes in their information. Members of The Toyary must inform The Toyary staff if/when any change(s) occur to the information they provide in this agreement, including their contact information and children covered.

MEMBERSHIP SUBSCRIPTION TERMS

Member must pay a Membership fee according to the membership type and subscription fee schedule corresponding to their selected membership. As indicated previously, this Membership corresponds to the Adult Member legally responsible for any and all children under their supervision at all times, and legally responsible for adhering to the Membership terms.
Select scholarship Memberships may be available to those needing aid. In select cases, a scholarship (discounted) Membership may be considered for those qualifying for financial aid. Consideration for this opportunity requires submitting a separate scholarship Membership application to The Toyary and undergoing a vetting process.
Member adheres to auto-renewal and cancellation policy: Monthly memberships will be billed automatically on the membership renewal date to the credit card provided, and shall renew each month until canceled. You may cancel your monthly membership for any given month by contacting The Toyary staff prior to your current month's expiration date. Annual memberships will be billed for 12 months and will renew, if chosen or if autorenewal is selected, for the following year, on a year-to-year basis. Autorenewing annual memberships may be canceled by contacting the Toyary staff prior to the expiration date of the 12th month of any annual membership year, in order to cancel the next subsequent annual period. If memberships are canceled after these strict deadlines, neither monthly membership nor annual memberships will result in any pro rata reimbursement or credit.
The Toyary may cancel a Membership at any time if a Member violates our terms. The Toyary reserves the right to suspend or cancel the Membership of any Member who violates the rules laid out in this agreement. In this event, any monies paid prior to Membership suspension or cancellation are non-refundable. Prior to invoking this type of cancellation or suspension, The Toyary will provide the Member with one warning and allow a ten-day opportunity to cure, if applicable.
By providing your email, address and phone number during membership sign up, member agrees to opt into The Toyary’s text messaging services, email communications and delivery tracking as they strictly relate to membership-based communication. This type of communication includes important delivery and loan reminders that are essential to managing our membership and toy lending services for you. You may opt out of receiving our newsletters by clicking on the “unsubscribe” link at the bottom of them. The use of our delivery services requires text message and delivery tracking notifications. You may opt out of these notifications by contacting us directly at hello@thetoyary.com and electing to pick up and swap toys in-person only during our open warehouse hours. For more information about the types of information we collect from you through thetoyary.com and how we use it, our Privacy Policy and Terms of Use are available here.

PARTY PACKS AND EVENTS

All terms of membership apply to Party Pack borrowers and users of our space for events (“Party Pack members”), who may comprise existing members or new joiners whether they are regular or one-time users. Party Pack members must pay the Party Pack and/or event fee(s) as determined by The Toyary, including a security deposit. The Toyary agrees to reserve all Party Pack items and/or the event space (730 Eastern Ave., Malden, MA) listed on a member’s behalf only after the following have been received: (a) payment and security deposit; (b) a signed and dated copy of The Toyary’s membership borrowing contract and liability release.

Please note, if The Toyary’s event space and/or a Party Pack item(s) is returned broken or soiled to the extent that The Toyary cannot effectively repair or clean it/them, we may need to use all or some of a member’s security deposit for any additional repairs, cleaning and/or item replacement required. Otherwise, The Toyary will refund a Party Pack and/or event security deposit within 3 days of processing the Party Pack’s return or event’s end date.

In reference to borrowing the Party Pack item(s) described in a member’s Party Pack agreement, it is agreed as follows:

The Party Pack member/event user will take all necessary precautions regarding any and all items borrowed or used, and protect all individuals of all ages and property from injury or damage. The member/user agrees to hold The Toyary harmless from and against any and all liability, claims, judgments, attorneys’ fees and costs of every kind and nature, including but not limited to, injuries or death to persons and damage of property, arising out of use, maintenance, installation, operation, possession, ownership or rental of the items and event espace borrowed or rented, despite cause.
Member is fully aware of and acknowledges that there is risk of injury, death or damage arising out of event space use and the use or operation of any borrowed items contained in the Party Pack and hereby elects to voluntarily enter into this agreement and assume all risks.
The Toyary agrees to reserve all agreed upon Party Pack items including event space on behalf of the member/use only after the following have been received from the member/user: a refundable deposit equal to the total cost of the Party Pack (or another amount determined at the discretion of The Toyary); a signed and dated copy of The Toyary’s membership borrowing contract and liability release.
The Toyary reserves the right to cancel the Party Pack and/or event space order, determine the appropriate security deposit refund or apply late payment charges.
Event space and Party Pack item usage and return: All items and/or the event space itself must be returned in the condition received to the best of a member’s ability. This means they will be returned clean within reason without visible soiling or soiling beyond expected wear.

TOY BORROWING PRIVILEGES

Toy borrowing is for Members only. Only Members of The Toyary (and/or their Designated Adults) may borrow toys from The Toyary.
Borrowing is limited to the maximum number of items allowed within a member’s membership level, on a first-come, first-served basis. All members have the option to add-on items for a fee agreed upon with The Toyary. The Toyary solely reserves the right to make exceptions to these item limits.
Members can borrow each loaned toy for up to 4-8 weeks, with the option to renew for additional terms if there is no waitlist.

LATE FEES

Each toy that is not returned or renewed by its due date is subject to an automatic fine. The fine for overdue toys is $1 per toy, per day, beginning with day 28 or The Toyary’s next working business day. When possible, The Toyary will work with you to renew bookings and avoid fines.
Overdue toy(s) will result in a hold on borrowing. Additional toys may not be checked out by Members with overdue toys or outstanding fines/fees.
To avoid fines, items can easily be renewed online through your online Member portal at The Toyary.

LOST, DAMAGED, OR INCOMPLETE TOYS

Damage fees will apply to any items returned in unsatisfactory condition. The damage fee will be an estimated replacement value of the item.
If an item is returned with a missing piece or pieces, the Member shall be subject to the following policy:

The Member may return the toy and continue looking for the missing piece.
If The Toyary determines the toy will not be adversely affected by the missing piece, a small fee of $1 will be charged to the Member.
If the missing piece cannot be timely located and the toy cannot be used without the misplaced piece, the Member shall either (a) replace the toy with a gently pre-owned toy in the same category and price range; or (b) pay a loss fee equal to the cost of replacing the toy.

COLLECTIONS ACTIONS BY THE TOYARY

The Toyary automatically charges your credit card for all membership fees and fines due. If you dispute a charge through your credit card company which The Toyary lawfully charged in accordance with the terms of this Membership Contract, you agree to indemnify and hold harmless the Toyary from and against all costs incurred by the Toyary in prosecuting actions and collecting from you fees and fines due, including but not limited to all court costs and attorney’s fees. You also agree that all such actions shall be litigated exclusively in Middlesex County, Massachusetts, and you waive any right to a trial by jury with respect to such collection actions and any counterclaims associated with them.

* MEMBER COMMITMENT TO CHILD SAFETY *

Members and/or designated adults are responsible for the safety of each covered child when engaged with any and all toys borrowed from The Toyary and any and all play that occurs within The Toyary's warehouse at 730 Eastern Ave., in Malden, MA. These responsibilities include:

Ensuring toys are played with as intended and in accordance with the age recommendations and safety specifications of the toy manufacturer.
Supervising play at least as much as you customarily would with any toy and child.
Treating the toys and packaging with care, thoroughly inspecting and cleaning them prior to returning them in the packaging in which they were received, and in clean, dry condition.

As a commitment to the safety of your child(ren), other Toyary Members, staff and families, and the public at large, Members are responsible for taking adequate precautions against the spread of Covid-19. These responsibilities include:

Immediately informing The Toyary if a Member, designated agent, and/or covered child(ren) have tested positive for Covid-19 within a two-week period of using any toy(s).
Halting toy borrowing from The Toyary if a Member, designated agent, and/or covered child(ren) are exhibiting potential symptoms of Covid-19, including fever/chills, cough, sore throat, breathing issues, and/or other symptoms consistent with CDC screening guidelines.
Effectively cleaning toys prior to their use, and also prior to returning them to The Toyary, upon which they will undergo our own thorough cleaning and sanitization process.

In addition to those terms and conditions set forth in the Liability Release signed by the Member, which terms and conditions are hereby incorporated into this Membership Contract, The Toyary assumes no liability for the child/children engaging with toys used; this responsibility rests with the Member and/or their designated adult(s).

The Toyary makes no warranties, guarantees, or promises as to the safety of any toy.
The Toyary is not liable for any harm or loss to persons or property. Any protection exercised by The Toyary is gratuitous and shall in no way be construed to make it liable for any loss or inconvenience suffered by the Member. The Toyary is not responsible in any way for indirect, consequential or punitive damages.
Each Member is responsible for conducting his/her own research regarding any toy which they are interested in borrowing or allowing the covered child/children to handle.
Designated adults or parents assume responsibility for ensuring their covered child(ren) use(s) each toy safely, and further assume responsibility for inspecting each toy prior to allowing the child(ren) to play with it and/or prior to borrowing it.
Each Member must immediately report to The Toyary any observed defects or damages to any toy whether caused by the Member, a covered child or otherwise, and to promptly surrender that toy to The Toyary staff.

CONFIRMATION OF MEMBERSHIP AGREEMENT

I have carefully read this form in full, understand its contents, and agree to abide by all policies of The Toyary. I understand that The Toyary reserves the right to update these rules at any time. I authorize The Toyary to initiate payment in the form of cash, check, credit and/or debit card charges for my Membership payment(s). This authority will remain in effect until I have canceled it by email.

Please confirm your full review and agreement with this membership contract by entering your name. Upon your first pick-up, you will also be required to sign and initial a hard copy version of this contract, providing your contact information and signature. By entering your name now, you are agreeing to abide by this membership contract in its entirety. You also confirm that you have read it fully and agree to its contents.

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