Liability Waiver

Effective Date: July 22, 2026

Version: 2026-07-22

Voluntary Participation

I am choosing, entirely of my own free will, to lend, borrow, host, transport, and use tools, and to teach and learn skills in person, through ToolPool.Garden. No one has required, pressured, or induced me to do so, and I may stop participating at any time.

Assumption of All Risk

I knowingly and voluntarily assume any and all risk of harm connected with lending, borrowing, transporting, storing, and using tools, and with teaching or learning a skill in person, including risks that are not obvious, not foreseeable, and not yet known. I accept full responsibility for those risks whether they arise from the condition of a tool, the activity being taught or practiced, the conduct of another user, my own act or omission, or any other cause.

Inherent Dangers of Tools and Equipment

I understand that tools (including powered, bladed, pressurized, heated, electrical, chemical, and heavy equipment) are inherently dangerous and are capable of causing severe injury, permanent disability, disfigurement, and death, as well as fire and destruction of property. These dangers are present whether I am using a tool myself, lending it, or teaching or learning its use or any other skill. I accept these inherent dangers as the price of participating.

No Inspection, Vetting, or Certification by the Platform

I understand that IllumAlign LLC and the ToolPool.Garden platform (together, the "Released Parties") do not inspect, test, maintain, certify, or approve any tool, do not supervise or certify any teaching session, and do not perform background checks or verify the identity, skill, teaching ability, or honesty of any user. I will not rely on the Platform for any of these things.

Condition and Fitness of Tools Not Guaranteed

I accept every tool strictly "as is," with all faults and defects, latent or patent. No one has made, and I have not relied on, any representation or warranty that a tool is safe, functional, complete, or fit for any purpose. It is my sole responsibility to examine a tool before use and to decline to use it if I have any doubt.

Release and Waiver of Liability

I hereby fully and forever release, waive, discharge, and hold harmless the Released Parties from any and all claims, demands, actions, causes of action, liabilities, damages, costs, and expenses of every kind, whether known or unknown, that I, my heirs, or my representatives may have or later acquire arising out of or relating to any tool, loan, teaching session, or use of the Platform (including claims based on the Released Parties' own ordinary negligence) to the fullest extent permitted by law.

Covenant Not to Sue

I promise that I will not sue, make a claim against, or initiate any proceeding against the Released Parties for anything covered by this waiver. If I break this promise, I agree to pay all costs and attorneys' fees the Released Parties incur in defending the matter.

Indemnification and Hold Harmless

I agree to indemnify, defend, and hold the Released Parties harmless from any claim brought by anyone (including a person I lend to, borrow from, teach, learn from, or injure) that arises out of my tools, my loans, my teaching or learning of a skill, my use of a tool, or my breach of this waiver.

Personal Injury, Death, and Medical Costs

I accept full responsibility for any bodily injury, illness, emotional harm, or death (to myself or to anyone else) connected with a tool, loan, or teaching session, and for all resulting medical, rehabilitation, and funeral costs. The Released Parties owe no duty to provide, arrange, or pay for any care.

Property Damage, Theft, and Loss

I accept full responsibility for any damage to, theft of, or loss of any tool or other property connected with a loan or teaching session, including a borrowed tool that is damaged, destroyed, or not returned. Any obligation to repair or replace runs between the users involved, and never to or from the Released Parties.

Experience, Training, and Protective Equipment

I will use a tool, and will teach or practice a skill, only if I genuinely have the experience and training to do so safely, and only with the personal protective equipment that safe use of that tool or practice of that skill requires. I will read all manufacturer instructions and warnings, and I will not operate a tool, or teach or practice a skill, while impaired.

No Sub-Lending or Transfer

I will not lend, rent, or hand a borrowed tool onward to anyone else, and I will not allow anyone outside the agreed loan to use it. I remain responsible for a borrowed tool until it is returned to its owner.

Premises and On-Site Use

If a tool is used, or a skill is taught or practiced, at another user's home, workshop, or property, I assume all risk of being on or bringing others onto those premises, and I waive any claim against the Released Parties relating to the premises or anything that happens there.

Insurance Is My Responsibility

I understand that the Released Parties provide no insurance, warranty, guarantee, or financial protection of any kind. Obtaining any insurance I want for myself, my tools, or my activity is entirely my own responsibility.

No Dispute Resolution or Recourse from the Platform

I understand that the Platform does not adjudicate, mediate, or resolve disputes between users and offers no refund, reimbursement, or safety net when a loan or teaching session goes wrong. My only recourse for any dispute is against the other user, never against the Released Parties.

Disclaimer of Warranties

The Released Parties disclaim all warranties, express or implied, including merchantability, fitness for a particular purpose, and non-infringement, as to the Platform and as to every tool, skill, user, pool, loan, and teaching session reached through it.

Governing Law, Venue, and Class-Action Waiver

This waiver is governed by South Carolina law, and any proceeding a court must hear will be brought only in the state or federal courts in Greenville County, South Carolina. I agree to bring any claim solely in my individual capacity and waive any right to participate in a class, collective, or representative action.

Severability and Survival

If any part of this waiver is held unenforceable, the remainder stays in full force, and the unenforceable part will be narrowed only as far as the law requires. This waiver is binding on my heirs, family, and legal representatives, and survives the end of my account.

Acknowledgment of Understanding

I have read this entire waiver, I understand that it releases the Released Parties from liability and gives up substantial legal rights, I have had the opportunity to seek independent legal advice, and I sign it freely. I intend my signature below to have the same effect as a handwritten signature on paper.