DISCLAIMER AND RELEASE OF LIABILITY FOR DONATED EQUIPMENT
By accepting and utilizing the enclosed face mask, you agree as follows:
Donated Equipment. Noel-Smyser Engineering (hereinafter "We") has donated the enclosed face mask ("Donated Equipment") in response to the COVID-19 pandemic.
Condition “As Is”. We are not making any representations, warranties, or guarantees about the Donated Equipment, including any expressed or implied warranties of merchantability, fitness for any purpose, compliance with any current or future safety standards promulgated under any federal, state or local law, regulation or ordinance, including but not limited to those promulgated by the Environmental Protection Agency ("EPA") and the Occupational Safety and Health Administration ("OSHA"). YOU ASSUME ALL RISKS AND LIABILITIES RELATING TO THE DONATED EQUIPMENT, INCLUDING ANY APPARENT OR LATENT DEFECTS, ETC. You are accepting the Donated Equipment “as is.” You understand that We will not provide any instructions or follow-up services, replacement parts, or repairs.
Assumption of Responsibility. You assume all responsibility and liability as to the ability of the Donated Equipment to meet any current or future safety standards promulgated under any federal, state or local law, regulation or ordinance, including but not limited to those promulgated by the EPA and OSHA, and to ensure compliance with any such applicable standards, laws, ordinances, rules and regulations before putting the Donated Equipment in use.
Assumption of Risk. You understand that there are certain risks of injury that may arise from the possession, use or misuse of the Donated Equipment, including the risk of injury, disability, sickness or death of yourself or other persons, or damage to property. You assume full responsibility for all risks arising directly or indirectly from your possession, use or misuse of the Donated Equipment, both known and unknown, regardless of the cause.
Waiver and Release. You waive and release any and all claims against Noel-Smyser Engineering, its officers, agents and employees (collectively, “Indemnified Parties”) with respect to any and all injury, disability, death, loss or damage to property resulting from possession, use or misuse of the Donated Equipment, regardless of the cause and even if caused by negligence, whether passive or active. You agree not to sue any of the Indemnified Parties on the basis of these waived and released claims. You waive any protections of any federal, state or local law, which provides that a general release does not extend to certain claims not known to you.
Indemnity. You will defend, indemnify and hold the Indemnified Parties harmless from and against any and all liability, loss, damages, claims and attorney’s fees that may be suffered by any Indemnified Party resulting directly or indirectly from the possession, use or misuse of the Donated Equipment by you or any other person.
Before use of the Donated Equipment, you have read and understand the terms of this Disclaimer. You understand that this Disclaimer covers each and every item of Donated Equipment which you are receiving.