Loaning a game? Paperwork/agreement?

Universities and Museums usually have good "personal property" on-loan contracts. The basics are:
-DESCRIBE THE ITEM including the serial number
-I am not giving this to you
-I am not charging you to use this
-You will cover repair costs should it be broken while in your custody
-You will have it insured for theft or loss (like fire) while you have it
-In the event of a claim, you will cover the insurance deductible and shortfall, should there be any
-I am leaving it with you for this ___ long at this ___ location
-It must either be returned, or a new agreement signed, prior to the completion of the agreed duration
-It must be returned prior to you vacating, or surrendering, the agreed location
-It cannot be moved from the agreed location
-I can recover this at will

Here are two University examples:
http://www.uncw.edu/policies/documents/acg230-Loan_Agreement.doc
https://www.pdx.edu/sites/www.pdx.edu.financial-services/files/BAO_misc_property_loan_agreement.pdf

It's good to go into an agreement like this knowing that you might never see it again, but always go in prepared.

I think this what i'm looking for. Thank you!
 
Universities and Museums usually have good "personal property" on-loan contracts. The basics are:
-DESCRIBE THE ITEM including the serial number
-I am not giving this to you
-I am not charging you to use this
-You will cover repair costs should it be broken while in your custody
-You will have it insured for theft or loss (like fire) while you have it
-In the event of a claim, you will cover the insurance deductible and shortfall, should there be any
-I am leaving it with you for this ___ long at this ___ location
-It must either be returned, or a new agreement signed, prior to the completion of the agreed duration
-It must be returned prior to you vacating, or surrendering, the agreed location
-It cannot be moved from the agreed location
-I can recover this at will

Here are two University examples:
http://www.uncw.edu/policies/documents/acg230-Loan_Agreement.doc
https://www.pdx.edu/sites/www.pdx.edu.financial-services/files/BAO_misc_property_loan_agreement.pdf

It's good to go into an agreement like this knowing that you might never see it again, but always go in prepared.

Good post!
 
Glad I can help. I've done contract negotiation over the years, and one correctly-written piece of paper can resolve miscommunications and help in the recovery process.
NOTE: 6th line should have read -In the event that a claim against the insurance is needed, you will cover the insurance deductible and shortfall, should there be any
(I'll edit my earlier response)

Don't forget to take pictures of it upon delivery to the location (proof of condition).

I think this what i'm looking for. Thank you!


A well-written contract aids in the resolution of all 4 of these circumstances. Small-claims is not as painful as some make it out to be, and would be the preferred path to resolve #1, #2, #3 (if he doesn't want to file a claim), and #4, if the person you're lending it to has a crisis of character.

So, 3 cases:

"Owner" goes broke and landlord locks everyone out of the place and wants to liquidate for money. No signed agreement needed to prove this is yours. Just tell them. (You have pictures and the serial number documented as your somewhere at home, pics, etc.) You also need to know that this happened, so assert your claim before time runs out.

Owner runs off with the game. Signed agreement or not, you'll have to sue them to get it back. (Pictures of it being yours and in your house before might work just as well.) But, you'll still have to sue them. And, it likely won't be worth it.

If "someone else" steals the game, it is theft, file with the police & good luck. Signed agreement still not useful.

WARNING: if the game is "trashed" on location, this "agreement" won't help you. (Agreement of ownership.)


This made me LOL.

Put your name somewhere on the inside permanently
You're kidding, right?
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Never load a CD or DVD to someone unless you're OK with it being used as a coaster and never want it back.

Yah...

I think just by the fact that you would ask this question would lead me to think you shouldn't do it.

If its going to cause you stress about it being broken or stolen why bother?

Often times in these situations it's better to just not

I've been tempted to do the same, but this really is the best advice. Unless you are going for a location and can accept that the game is a tool to make money, and not a sentimental anchor, then just say no.
 
Here's what I would do.
Take up a collection or money from whatever funding the club has and build them a 60 in 1 or whatever game set they would like.
I'd probably also use an LCD (yeah yeah I know you guys hate them, but they are simple reliable and cheap).

Your time will be donated and they keep the game.

They can be built dirt cheap these days.
 
Here's what I would do.
Take up a collection or money from whatever funding the club has and build them a 60 in 1 or whatever game set they would like.
I'd probably also use an LCD (yeah yeah I know you guys hate them, but they are simple reliable and cheap).

Your time will be donated and they keep the game.

They can be built dirt cheap these days.

This seems like best option to me.
 
I thought this was a nice comment, then I stumbled across another post of yours where you mention being a lawyer. I appreciate the compliment.

Yes! Covered the important issues, short, sweet and to the point!

By the way MrD, I think what you're doing is awesome. It's great to see games out in public and being that almost every single one of our games probably spent a decent amount of time being used by the general public, you'll probably be okay.
 
I think another side everybody is forgetting is don't forget about your obligations. What if somebody hurts themselves playing your machine? What if it catches fire and burns the building down? It's unlikely but something you need to think about. I doubt you want to take insurance out for it.
 
Small claims courts are typically limited to $500.

If this is a cheap game, that would work. Or, he'll still be out some money.

Small claims Limits vary from state to state. For example..

Wisconsin

Small claims court is limited to claims of $10,000 or less. However, third-party complaints, personal injury claims, and actions based in tort are limited to claims of $5,000 or less. Claims exceeding the maximum amount allowed must be filed in civil court.

New york

The Small Claims Court is an informal court where individuals can sue for money only, up to $3,000 in Town or Village Courts, and $5,000 in City Courts, without a lawyer. If you have a claim for damages for more than $3,000/5,000 you cannot separate it into two or more claims to meet the $3,000/5,000 limit.

California

Small claims court handles cases that involve disputes over money or property, usually below a set financial limit. In California, an individual can collect up to $7,500 in small claims court, while corporations and limited liability companies are still limited to $5,000.
 
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