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WAIVER AND INDEMNIFICATION AGREEMENT I am borrowing a Countertop Induction Cooktop, cookware, magnet and carrying bag (the “Equipment”) from San Diego Green Building Council to experience cooking with induction technology. As a condition of borrowing the Equipment, I acknowledge and agree as follows:
- I agree that I will review the specifications of Equipment and will be aware of its limitations and uses. - I agree that I will be solely responsible for injuries of any type or damage to my home or business sustained during my use of the Equipment. - I understand that the Equipment is intended to allow me to experience and test out next-generation electric cooking technology. I understand that the Equipment is not meant for commercial use, and I agree to use the Equipment solely for residential and educational purposes. - I recognize the inherent dangers and risks in the transport, loading, unloading, and use of Equipment including the risks associated with culinary activities in which I will use the Equipment. - I agree that the use of the Equipment is completely voluntary. - I acknowledge that if I have a unipolar left-sided pacemaker to which I am not pacemaker-dependent, I will consult my doctor before using Equipment. - I understand that some hearing aids experience interference or other noise when an induction cooktop is in use. - I acknowledge that San Diego Green Building Council has no ability and no duty to supervise, instruct, or otherwise control my use or maintenance of the Equipment, or the use or maintenance of the Equipment by any other person, and does not represent or warrant in any way that the Equipment I am borrowing is appropriate for my intended use. - I understand that it is my responsibility to promptly notify San Diego Green Building Council of any issues with the Equipment. - I state that I am eighteen (18) years of age or older, and have the capability and experience necessary to use the Equipment I am borrowing; I will use the Equipment for its intended purpose; I will maintain the Equipment in a safe and proper manner during the period that I am borrowing and using it; I will not allow any other person to use the Equipment I am borrowing. - I agree to pay the replacement charge for any or all of the items listed above that are damaged or missing when it is returned to San Diego Green Building Council. CHARGES FOR REPLACEMENT ITEMS Induction Cooktop $ 98.00 Ceramic Nonstick Pan $ 50.00 Carrying Case $ 60.00 TOTAL COST FOR REPLACEMENT $ 208.00 IN CONSIDERATION OF BEING PERMITTED TO BORROW THE EQUIPMENT, TO THE MAXIMUM EXTENT PERMISSIBLE BY LAW, I HEREBY FOR MYSELF AND FOR MY HEIRS, SUCCESSORS AND ASSIGNS, AGREE TO DEFEND, INDEMNIFY, RELEASE AND HOLD HARMLESS SAN DIEGO GREEN BUILDING COUNCIL, AND ITS RESPECTIVE DIRECTORS, OFFICERS, AGENTS, CONTRACTORS, REPRESENTATIVES, VOLUNTEERS AND EMPLOYEES, FROM ANY AND ALL LIABILITY, LOSS, CLAIMS, COSTS (INCLUDING ATTORNEY’S FEES AND EXPERT COSTS) AND DEMANDS, ACTIONS OR CAUSES OF ACTIONS FOR ANY LOSS, INCLUDING BUT NOT LIMITED TO, THE DEATH OR INJURY TO ANY PERSONS, AND FOR ANY DAMAGES TO PROPERTY SUFFERED OR INCURRED BY MYSELF OR ANY PERSON WHICH ARISES OR MAY ARISE OR BE OCCASIONED IN ANY WAY FROM THE TRANSPORT, LOADING, UNLOADING, PICK-UP, DROP-OFF, CLEANING OF, FAILURE TO CLEAN, CLASSES ON, TRAINING REGARDING, USE OR STORAGE OF, OR ARISING OUT OF OR RELATED IN ANY WAY TO, THE EQUIPMENT I AM BORROWING FROM SAN DIEGO GREEN BUILDING COUNCIL, INCLUDING, BUT NOT LIMITED TO, ANY CLAIMS FOR FAULTY OR DEFECTIVE EQUIPMENT OR MAINTENANCE, ANY NEGLIGENCE OF SAN DIEGO GREEN BUILDING COUNCIL, OR CULINARY ACTIVITIES PARTAKEN IN CONJUNCTION WITH THE EQUIPMENT UNLESS OTHERWISE PROHIBITED BY LAW. IN NO EVENT SHALL SAN DIEGO GREEN BUILDING COUNCIL BE LIABLE FOR ANY DAMAGES TO MYSELF OR ANY THIRD PARTY ARISING OUT OF OR CONNECTED WITH MY USE OF THE EQUIPMENT, AND I HEREBY RELEASE SAN DIEGO GREEN BUILDING COUNCIL FROM ANY SUCH LIABILITIES. I AFFIRM THAT I HAVE READ AND FULLY UNDERSTAND THIS WAIVER AND INDEMNIFICATION AGREEMENT.
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