WAIVER AND RELEASE OF LIABILITY

As a condition to, and in consideration of, being permitted to participate in any way in the equipment exchange program offered by Jake’s Help from Heaven, Inc., the undersigned hereby agree as follows:

1. I understand that the equipment exchange program is offered by Jake’s Help from Heaven, Inc. as a way to help decrease the cost and timeframes associated with purchasing equipment and that Jake’s Help from Heaven, Inc. has no obligation to provide equipment to me.
2. I understand that participating in the equipment exchange program is voluntary, that the equipment is used, there is a possibility of accidental or other physical injury or of loss of or damage to personal property because the equipment is used and that use of such equipment will be at our own risk.

I AGREE TO ASSUME ALL RISKS OF ANY INJURY, LOSS OF OR DAMAGE TO PROPERTY, AND HEREBY WAIVE, RELEASE AND FURTHER AGREE TO INDEMNIFY AND HOLD HARMLESS JAKE’S HELP FROM HEAVEN, INC. AND ANY MEMBERS, OFFICERS, DIRECTORS, PARTNERS, EMPLOYEES, PERSONNEL OR AGENTS THEREOF, FROM ANY LIABILITY, LOSS, COST, DAMAGE, EXPENSE, CLAIM OR SUIT WHATSOEVER FOR ANY AND ALL INJURY, LOSS, ILLNESS, HARM, COST, EXPENSE, CLAIM, SUIT OR DAMAGE RESULTING FROM OR RELATED TO PARTICIPATION IN THE EQUIPMENT EXHANGE PROGRAM OR USE OF THE EQUIPMENT, EXCEPT TO THE EXTENT SUCH AN INJURY, LOSS, ILLNESSS, HARM, COST, EXPENSE, CLAIM, SUIT OR DAMAGE IS CAUSED BY THE INTENTIONAL ACT OF SUCH PARTIES.

3. I acknowledge that I have been advised that Jake’s Help from Heaven, Inc. does not give medical advice or represent or warrant as to the condition of the equipment provided through the equipment exchange. I am responsible for inspecting the equipment to ensure that it will fulfill my needs or those of my family member.  In the event I discover a defect in a piece of equipment, I agree to inform Jake’s Help from Heaven, Inc. and agree that a replacement, if one is available, is the only remedy I have for such defect.
4. On behalf of my family member and myself, I agree to comply with all notices, rules and/or regulations of Jake’s Help from Heaven, Inc.
5. I agree that the forgoing release and waiver is intended to be as broad and inclusive as permitted by the law of the State of New York and that if any portion is held invalid, it is agreed that the balance shall, notwithstanding, continue in full force and effect.
6. I have read this release and waiver, fully understand its terms, understand that I have given up substantial rights by signing it and have signed it freely and voluntarily without any inducement, assurance or guarantee being made to me and intend my signature to be complete and unconditional release of all liability to the greatest extent allowed by law.