DONATED ASSETS RELEASE OF LIABILITY WAIVER
AND INDEMNIFICATION FOR RECEIPT OF DONATED ASSETS
RECIPIENT acknowledges receipt from Ricky L Sanders (the “THE DONOR”) of the bicycle parts and/or complete bicycle (“Donated Assets”) as of the date noted below.
THE DONOR is a private party and is providing the Donated Assets to RECIPIENT in such capacity and at no charge to the RECIPIENT.
The RECIPIENT, who is at least 18 years old (the “Adult”) has read this agreement and has signed it, or if RECIPIENT is younger than 18 (“Minor”), the Minor’s parent or legal guardian (the “Adult”), has read this agreement and signed it on behalf of him/herself and the Minor. The RECIPIENT Adult or the Minor participant and the Minor’s parent or legal guardian collectively, will be referred to herein as “THE UNDERSIGNED.”
THE UNDERSIGNED UNDERSTAND AND AGREE THAT THE PERSON SIGNING BELOW ACKNOWLEDGES, UNDERSTANDS AND AGREES THAT BY SIGNING THIS AGREEMENT FOR HIM/HERSELF AND, IF APPLICABLE, ON BEHALF OF MINOR, HE/SHE IS ASSUMING RISKS, WAIVING RIGHTS AND RELEASING CLAIMS IN ADDITION TO THOSE ADDRESSED BY TEXAS LAW.
THE UNDERSIGNED voluntarily accepts the Donated Assets “As-Is.” In consideration for accepting the Donated Assets, THE UNDERSIGNED agrees to the following waiver of liability and indemnity provisions:
1. Receipt of Assets
a. The THE UNDERSIGNED acknowledges receipt of assets donated by Ricky L Sanders to the THE UNDERSIGNED.
2. No Warranties
a. Ricky L Sanders, including its officers, employees, and agents, make no representations whatsoever, extend no warranties of any kind, either express or implied, including but not limited to the implied warranties of merchantability or fitness for a particular purpose, and assumes no responsibilities whatsoever with respect to design, development, manufacture, or use of the Donated Assets.
b. Furthermore, in no event shall Ricky L Sanders be liable for direct, indirect, special, consequential, incidental or punitive loss, damage or expenses arising out of or in connection with this agreement, including but not limited to recipient's use of the assets or removal of the assets from Ricky L Sanders's premises.
3. Waiver of Liability
a. THE UNDERSIGNED 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 Assets. The entire risk as to the performance of the Donated Assets is assumed by THE UNDERSIGNED.
b. In no event shall Ricky L Sanders or its officers, employees or agents, be responsible or liable for any direct, indirect, special, incidental, consequential damages, lost profits, or any other economic or physical loss or damage to any individual or property regardless of legal theory resulting from use of the Donated Assets. The above limitations on liability apply even though Ricky L Sanders may have been advised of the possibility of such damage
a. THE UNDERSIGNED agrees to indemnify and hold harmless Ricky L Sanders from any and all claims, liability and damages, arising from the use of the Donated Assets
THE UNDERSIGNED hereby give THE DONOR and its employees, representatives, and authorized media organizations permission to print,
photograph, and record the adult or minor reciving said donation for use in audio, video, film, or any other electronic, digital and printed media.
- THE DONOR nor his representatives will reproduce said photograph, interview, or likeness for any commercial value or receive monetary gain for use of any reproduction/broadcast of said photograph or likeness.
- THE UNDERSIGNED is also fully aware that they will not receive monetary compensation for adult or minor participation in said photographs or videos
- THE UNDERSIGNED further release and relieve THE DONOR, his assoicates, employees, and other representatives from any liabilities, known or unknown, arising out of the use of photographic or video material
The Adult signing below agrees for him/herself and Minor that ALL claims arising from or related to any donated assets, including for injury to person or property and/or death shall be GOVERNED BY TEXAS LAW, without regard to conflicts of law principles, and that EXCLUSIVE JURISDICTION shall be in SAN ANTONIO, TEXAS. UNDERSIGNED VOLUNTARILY AND IRREVOCABLY WAIVE ANY OBJECTION TO SUCH LAW AND JURISDICTION. This Agreement shall be binding to the fullest extent permitted by law. If any provision of this Agreement is found to be unenforceable, the remaining terms shall be enforceable.
The Undersigned agree to pay all costs, including reasonable attorneys’ fees and disbursements, incurred by any Indemnified Party in defending investigation, claim or suit brought by or on behalf of Undersigned.
THE UNDERSIGNED, WHO IS AUTHORIZED TO REPRESENT THE RECIPIENT HAS CAREFULLY READ THIS WAIVER OF LIABILITY AND INDEMNIFICATION AGREEMENT AND UNDERSTANDS ITS CONTENTS. THE UNDERSIGNER ACKNLOWDGES THEY HAVE BEEN GIVEN THE OPPORTUNITY EVALUATE THE WAIVER OF LIABILTY AND INDEMNIFICATIONS. THE UNDERSIGNED PARENT OR LEGAL GUARDIAN REPRESENTS AND ACKNOWLEDGES THAT HE/SHE IS ENTITLED TO AND IS SIGNING THIS AGREEMENT ON BEHALF OF MINOR AND THAT MINOR WILL BE BOUND BY ALL THE TERMS OF THIS AGREEMENT. UNDERSIGNED UNDERSTAND AND AGREE THAT IF THIS AGREEMENT IS NOT SIGNED ON BEHALF OF MINOR, MINOR WILL NOT BE PERMITTED ACCEPT DONATIONS. THE UNDERSIGNED IS AWARE THAT THIS IS A COMPLETE RELEASE OF LIABILITY OF RICKY L SANDERS BY RECIPIENT. This Agreement shall be binding upon Undersigned’s assignees, subrogors, heirs, next of kin, executors, and personal representatives.