Release & Waiver of Liability Agreement
No Warranties; Condition “As Is”
Donor is a tax exempt 501(c)(3) non-profit organization incorporated in the State of California and desires to donate the Donated Equipment “As Is” to Donee in such capacity and at no charge. Donee acknowledge and agrees that Donor may or may not be able to trace source of donation in light of the exigent circumstance due to the pandemic. Therefore, Donor makes no representations and warranties whatsoever with respect to the Donated Equipment and the Donee voluntarily desires to accept the Donated Equipment “As-Is,” “where is,” and “with all faults”.
Release and Waiver of Liability
The Donee (including its directors, officers, volunteers, affiliates, and agents) does hereby waive, release, and discharge any and all claims for damages for personal injury, death, property damage, any claim in tort, or any other claim, regardless of legal theory, that may hereafter accrue as a result of the use of the Donated Equipment. The entire risk as to the performance of the Donated Equipment is assumed by the Donee (including its directors, officers, volunteers, affiliates, and agents).
Furthermore, in no event shall the Donor, including its directors, officers, volunteers, affiliates, and agents, be liable for direct, indirect, special, consequential, incidental or punitive loss, damage or expenses arising out of or in connection with this Agreement or the Donated Equipment. Notwithstanding the foregoing, any purported limitation on Donor’s liability shall not apply to any claim arising from or caused by the willful misconduct of Donor (including its directors, officers, volunteers, affiliates, and agents).
No Control and Indemnification
The Donee acknowledges and agrees to obtain the title, exclusive control, and responsibility of the Donated Equipment as of the date of this Agreement, and the Donor shall have no responsibility thereafter for such donation. Donee further agrees to indemnify, defend and hold harmless the Donor (including its directors, officers, volunteers, affiliates, and agents) from any and all claims, liability and damages (including reasonable attorneys’ fees), arising from or in connection with the Donated Equipment except to the extent such claims, lability or damages arise from the gross negligence or willful misconduct of the Donor (including its directors, officers, volunteers, affiliates and agents).
This Agreement shall be governed by and construed in accordance with the laws of the State of California.