The above-named Organization and/or Recipient (the “Recipient”) agrees that he/she/it will use the donated items upon the express condition that Recipient has inspected all items, determined they are safe for their intended use, and will immediately dispose of any item(s) not functioning properly. Recipient is responsible for the correct use of item(s) according to manufacturers’ instructions and guidelines, and shall be responsible to check for any applicable manufacturer recalls. In consideration for accepting the donated items, Recipient hereby unconditionally RELEASES, WAIVES, DISCHARGES AND COVENANTS NOT TO SUE EcoSet Consulting LLC as well as its clients, officers, directors, agents, administrators, employees, contractors or volunteers (including without limitation, any client, company or corporation, that has engaged EcoSet Consulting LLC to make this donation on its behalf) (the “Releasees”) for any and all liability, claims, demands, actions, and causes of action whatsoever arising out of or related to any loss, damage, or injury, including death, that may be sustained by Recipient or any third parties who come into contact with any of these items, regardless of whether such loss, damage or injury is caused by the active or passive negligence of Releasees. Recipient further agrees to INDEMNIFY, DEFEND AND OTHERWISE HOLD RELEASEES HARMLESS from any claims, demands, damages, liabilities or injuries alleged by Recipient or any other third party, including court costs and attorney fees that they may incur as a result of or in any way related to Recipient’s acceptance or use of the donated items. All items are donated “AS-IS,” WITH ALL FAULTS, AND WITHOUT ANY WARRANTY, EITHER EXPRESSED OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. The Items donated are used in proprietary marketing or film campaigns and relate to CONFIDENTIAL creative endeavors of EcoSet and/or its clients. Accordingly, as a strict condition of receiving the items donated herein, Recipient agrees NOT TO PUBLICIZE the items received nor the identity of the donor for a period of two (2) months from the date of this Acknowledgement

1. DONATION; FREE DISTRIBUTION. ECOSET hereby donates the Goods to Recipient. Recipient represents and warrants that the Goods will be distributed for free to Recipient’s clients.
2. INSPECTION. Recipient acknowledges that it has inspected the Goods, and is satisfied with their condition.
3. RELEASE. Recipient, for its successors, assigns, agents, employees, and representatives, hereby releases
and discharges ECOSET and each of its former, current and future directors, officers, shareholders, predecessors, successors, assigns, affiliates, board members, agents, insurance carriers, attorneys, servants, employees (including without limitation any catering company, production company, advertising agency, or corporate advertiser associated with the Goods) from each and every claim, cause of action, damages (including consequential damages) and demands, loss and expense, including but not limited to attorneys fees and costs, that it has or might have, in any way arising out of or in connection with this Agreement or the Goods. The foregoing shall, to the fullest extent of applicable law, be in addition to, and not in replacement or substitution of, any “good Samaritan” or other similar laws in the jurisdiction.
4. WARRANTY DISCLAIMER. ECOSET hereby expressly disclaims all warranties, written or oral, statutory, express or implied, including any warranty of wholesomeness, merchantability, condition, quality, fitness for use, or suitability of the Goods in any respect whatsoever, including any warranty regarding the absence of any defects therein, whether latent or patent; it being understood and agreed that the Goods are being donated in their current condition as of the date hereof. In connection with ECOSET ‘s donation of the Goods, ECOSET shall in no event be liable for any claim whatsoever by or through Recipient, or any third party, for any issue or problem with the Goods, whether such claim is based in any form of warranty, contract, tort (including negligence), strict liability or otherwise and whether for direct, incidental, consequential, exemplary or other damages. ECOSET neither assumes nor authorizes any person to assume for ECOSET any liability in connection with the use or reuse of the Goods.
5. SHIPPING OR TRANSPORTING. Recipient shall be responsible for the cost of shipping or transporting the Goods from a designated pick-up site, and Recipient assumes all responsibility for any injury or property damage arising during the shipping or transporting of the Goods.
6. MISCELLANEOUS. This Agreement and the terms and conditions set forth herein constitute the complete and final agreement between ECOSET and Recipient relating to donation of the Goods, and no other agreement in any way modifying these terms and conditions will be binding upon ECOSET unless made in writing and signed by a duly authorized representative of ECOSET. This Agreement shall be governed by and construed in accordance with federal law (including without limitation the Bill Emerson Good Samaritan Food Donation Act) and the laws of the State of California without regard to conflicts of laws principles.
IN WITNESS WHEREOF, the undersigned have each read the foregoing agreement and agrees with it.

Recipient hereby grants to EcoSet Consulting LLC, and their clients, the absolute right and permission to use, publish and/or broadcast, worldwide, in perpetuity, his/her/its likeness, picture and photograph (“pictures”) and voice (“voice”), in whole or in part, or pictures in which Recipient may be included, in whole or in part, or composites or pictures distorted in character or form, in conjunction with Recipients own name or a fictitious name, together with or without written or spoken copy for advertising, publicity, point of sale, any and all printed materials, business, trade or any other lawful purpose whatsoever, in any media whatsoever now known or hereafter developed. Recipient hereby waives any rights that he/she/it may have to inspect and approve the finished product or such written or spoken copy that may be used in connection therewith, or the use to which it may be applied, or any royalties or right to compensation resulting from any use hereunder. Recipient hereby releases, discharges and agrees to hold harmless EcoSet Consulting LLC and their clients from any liability caused by, or arising by virtue of, any use whatsoever of his/her/its name, voice and pictures in accordance with the terms hereof, whether intentional or otherwise, including but not limited to any liability for what might be deemed to be misrepresentation or defamation of Recipient, Recipients character or Recipients person due to distortion, alteration, optical illusion or faulty processing or reproduction which may occur by virtue of the use of Recipients name and pictures or any written or spoken material which is part of or connected with Recipients name and pictures, unless it can be shown that said reproduction was maliciously caused, produced and published solely for the purpose of subjecting Recipient to conspicuous ridicule, scandal, reproach, scorn and indignity. Recipient has read the contents of the foregoing and fully understands the contents thereof. By signing this release, the undersigned represents that he/she has the authority to bind Recipient, that he/she has read and understood this liability waiver and indemnity, and that he/she has inspected all of the items donated and determined their condition.