RELEASE, WAIVER OF LIABILITY,DEFENSE, INDEMNIFICATION AND HOLD HARMLESS AGREEMENT
You acknowledge that you understand that Print For The Cure is acting as a good
Samaritan and an independent volunteer service around provision of 3D printed PPE
(Personal Protection Equipment) from individual community volunteers to Essential
workers. We do not certify the design or components or provided PPE operate properly
or satisfy any regulatory requirements. This Release, Waiver of Liability, Defense,
Indemnification and Hold Harmless Agreement (“Agreement”) is meant to reflect the fact
that Print For The Cure offers the service to facilitate the dissemination of PPE in light of
the current COVID-19 crisis, without warranty of any kind. The person signing below
(“You”) is either the individual recipient/provider of the PPE product if the individual
recipient/provider is an adult under the laws of the relevant jurisdiction or the parent or
legal guardian of the child if the individual recipient/provider is a child under the laws of
the relevant jurisdiction.
You agree that the service provided to You by Print For The Cure or by any individual
associated with Print For The Cure is provided “AS IS” and without representations or
warranties of any kind, express or implied, and is intended to be a free service for the
benefit of the community. By accepting the service, you further acknowledge that we do
not evaluate or approve PPE provided by volunteer donors therefore provided PPE
should not be considered as approved by any regulatory authority.
You understand that the service furnished by Print For The Cure is meant to benefit
society, and is not intended, and shall not be used, for commercial use. If You are an
adult under the laws of the relevant jurisdiction and are the individual recipient/provider,
you acknowledge that You understand the potential risks of the use of our service and
expressly assume such risks. If the individual recipient is a child under the laws of the
relevant jurisdiction, You represent that You are the parent or legal guardian of the child
and that You understand the potential risks of the use of our service and expressly
assume such risks on behalf of the individual recipient/provider.
Furthermore, You (either for yourself or your child) release and forever discharge Print
For The Cure from any and all liability for acts or omissions— including negligent acts or
omissions—causing damage, loss, injury, or death to the individual recipient/providers
or others from the use of our service. You agree to defend, indemnify and hold Print For
The Cure harmless from any and all liability or loss—including liability for
negligence—arising in conjunction with or resulting from the individual
recipient/provider’s use of our service (including all attorney’s fees and expenses
incurred by Print For The Cure).
You further understand and agree that Print For The Cure and any individual associated
with Print For The Cure shall not be liable for any injuries or damages, including any
consequential, incidental, indirect, punitive or special damages, resulting from or arising
out of the use of the service provided by Print For The Cure or any individual associated
with Print For The Cure.
Any information provided by Print For The Cure and any individual associated with Print
For The Cure is not intended to be relied upon to protect from, diagnose or treat a
health problem or disease, and Print For The Cure makes no claims regarding PPE
provided as a result of our service. Any statements made by Print For The Cure are for
informational purposes only and are not meant to replace the services or
recommendations of a physician or other qualified health care practitioner.
You acknowledge that this Agreement is governed by the laws of the State of California
(without reference to its conflict of law provisions) and the parties intend that this
Agreement be interpreted as broadly and inclusively as permitted by law. If any portion
of this Agreement is found to be invalid for any reason, the remainder of the Agreement
shall continue to remain in full force and effect and shall continue to be binding.
By accessing our service, You acknowledge that You have carefully read the foregoing
provisions, understand their contents, and agree with and to each and every provision