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WAIVER AND INDEMNIFICATION AGREEMENT I am borrowing a Countertop Induction Cooktop, cookware, magnet and carrying bag (the “Equipment”) from the San Diego Green Building Council to experience cooking with induction technology. For the consideration and as a condition of borrowing the Equipment, I acknowledge and agree as follows:
- That I will review the specifications of Equipment and will be aware of its limitations and uses. - 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. - 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. - That there are inherent dangers and risks in the transport, loading, unloading, and use of the Equipment including the risks associated with culinary activities in which I will use the Equipment. - That the use of the Equipment is completely voluntary. - That if I have a unipolar left-sided pacemaker to which I am not pacemaker-dependent, I will consult my doctor before using the Equipment. - That some hearing aids experience interference or other noise when an induction cooktop is in use. - That the 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. - That it is my responsibility to promptly notify the San Diego Green Building Council of any issues with the Equipment. - That I am eighteen (18) years of age or older, and have the capability and experience necessary to use the Equipment I am borrowing; that I will use the Equipment for its intended purpose; that I will maintain the Equipment in a safe and proper manner during the period that I am borrowing and using it; that I will not allow any other person to use the Equipment I am borrowing. - To pay the replacement charge for any or all of the items listed above that are damaged or missing when it is returned to the 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 THE 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 THE SAN DIEGO GREEN BUILDING COUNCIL, INCLUDING, BUT NOT LIMITED TO, ANY CLAIMS FOR FAULTY OR DEFECTIVE EQUIPMENT OR MAINTENANCE, ANY NEGLIGENCE OF THE SAN DIEGO GREEN BUILDING COUNCIL, OR CULINARY ACTIVITIES PARTAKEN IN CONJUNCTION WITH THE EQUIPMENT UNLESS OTHERWISE PROHIBITED BY LAW. IN NO EVENT SHALL THE 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 THE 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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