Safety and Liability / Donation Risk Assumption
RECIPIENT’S ASSUMPTION OF RISK FOR COLLECTING AND TRANSPORTING DONATED ITEMS Recipient fully recognizes the dangers associated with the process of collecting and transporting donated Items from the EcoSet Materials Oasis which may involve risk of serious injury, death and/or property damage. Recipient is solely responsible for the security of its personal belongings and the safety and property of third-party invitees while on the EcoSet Premises. Recipient unconditionally RELEASES, WAIVES, DISCHARGES AND COVENANTS NOT TO SUE EcoSet Consulting LLC and the Releasees, from any and all liability claims, demands, actions, and causes of action whatsoever arising out of or related to any loss, damage, injury, including death, that may be sustained by Recipient or any third party while on-site. 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 collection or transportation of the donated Items including any injury or property damage caused to Releasees or any third party related to such activities. Recipient assumes all responsibility for any injury or property damage arising during the collection or transporting of the donated Items.
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. ALL LOGOS, BRANDING AND PROPRIETARY IMAGES MUST BE REMOVED OR OBSCURED BEFORE REUSE.