UPSCALED DESIGNS FACE SHIELD
WAIVER OF LIABILITY & INDEMNITY
************************READ THIS AGREEMENT CAREFULLY*************************
1. Knowingly Enter into this Agreement. By Approving this Order I, The Above Listed on This Order Request, wish to participate in receiving donated face shields offered by Upscaled Designs LLC (“the Company”) as described in Paragraph 2 of this Agreement and knowingly enter into this Waiver of Liability and Assumption of Risk Agreement (“the Agreement”). I understand this Agreement and intend to be legally bound by it.
2. Description of Received Donated Products (referred to individually and collectively as “the Activities”). The offered donated face shields are a form of PPE offered by Upscaled Designs LLC at no cost. These shields consist of a shield, frame, forehead foam and an elastic back band. These shields may be supplied as a complete assembled face shield or as a kit that requires assembly. It is requested that all shields have proper sanitization done before use. For proper sanitization procedures that meet your company’s guidelines please contact the proper department within your company.
3. Assumption of Risk. I understand that the face shields offered by the Company and described in this Agreement, even under the safest conditions, may be hazardous and that my participation may expose me to elements of risk that may include loss or damage to personal property, bodily injury, psychological damage, or death. Risks include, but are not limited to, the following: contamination, injury during assembly, exposure to elements, in addition to unknown risks. I am fully aware of the dangers and risks to my person and property and elect to voluntarily engage in the use of the face shields. I understand that I am under no obligation or compulsion to engage in the use of the face shields and I elect to engage in the use of the face shields on my own free will with full knowledge of and assumption of the risk inherently associated with said item. The opportunity to engage in the use of the face shields at no cost is adequate and sufficient consideration for this Agreement.
4. Waiver of Liability & Indemnity. I, individually, and on behalf of my heirs, successors, assigns and personal representatives, hereby agree to hold harmless and indemnify and defend, to the maximum extent permitted by the applicable law, the Company along with its owners, officers, employees, agents, insurers, heirs, successors and assigns from any and all liability, loss, damage or expense, which arises out of, occurs during, or is any way connected with participation in the use of the face shields.
5. Miscellaneous. I agree that this Waiver of Liability and Assumption of Risk is governed by the laws of the State of Minnesota and any disputes arising from my participation in the use of the face shields or this Agreement shall be venued in Anoka County, Minnesota. I agree that I will be responsible for my own attorney’s fees in any dispute involving the use of the face shields or this Agreement and that I will also be responsible for the Company and/or its insurers’ or affiliates’ attorney’s fees in the event the Company is the prevailing party.