INTERNATIONAL SALE OF ARMREST MAY BE AVAILABLE.
PLEASE INQUIRE AT TIME OF ORDER.
EXPRESS ASSUMPTION OF RISK, COMPLETE WAIVER AND AGREEMENT NOT TO SUE, AND INDEMNITY AGREEMENT
READ THIS CAREFULLY - IT AFFECTS YOUR LEGAL RIGHTS
EXPRESS ASSUMPTION OF RISK, COMPLETE WAIVER AND AGREEMENT NOT TO SUE, AND INDEMNITY
AGREEMENT READ THIS CAREFULLY - IT AFFECTS YOUR LEGAL RIGHTS.
In return for supplying an armrest by "POP'S RE- POPS" (“SHIPPER”). The undersigned
(“ARMREST USER”), for themselves, their heirs, assigns and legal representatives, hereby expressly agrees to:
1. ASSUME ANY AND ALL RISKS INVOLVED IN OR ARISING FROM ARMREST USERS USE OF THE SAID ARMREST, Including, without limitation, the risks of death, bodily injury or property damage resulting from the use of the Armrest for any purpose.
2. RELEASE – SHIPPER, ARMREST USERS and all their successors, giftees, customers, invitees, assigns, subsidiaries, branches, franchisees, affiliates, officers, directors, employees, and agents, landlords, and event sponsors from, agree not to sue the SHIPPER on account of or in connection with any claims, causes of action, injuries, damages, costs or expenses arising out of the use of any armrest supplied by the SHIPPER, including without limitation, those alleged to be based on death, bodily injury, or property damage, whether or not caused by the negligence or other fault of SHIPPER, including strict product liability or other liability without fault;
3. WAIVE the protection afforded by any statute or law in any jurisdiction whose purpose, substance and/or effect is to provide that a general release shall not extend to the claims; material or otherwise, which the person giving the release does not know or suspect to exist at the time of
executing the releases;
4. INDEMNIFY AND DEFEND SHIPPER, against and hold harmless from any and all claims, causes of action, damages, judgments, costs or expenses, including attorney fees, which in anyway arise from the used of the armrest(s) supplied to the ARMREST USER; I HAVE READ THIS AGREEMENT. I UNDERSTAND THAT BY MAKING THIS AGREEMENT I SURRENDER VALUABLE RIGHTS. I DO SO FREELY AND VOLUNTARILY. I FURTHER CERTIFY THAT I AM OF LAWFUL AGE, AND LEGALLY COMPETENT TO ENTER INTO THIS AGREEMENT; THAT I UNDERSTAND THAT THE TERMS HEREIN ARE CONTRACTUAL AND NOT A MERE RECITAL; UPON ACQUISITION OF ITEM(S) THIS AGREEMENT WILL BE UNDERSTOOD AND EFFECTIVE. MAKING PURCHASE AND ACQUIRING ITEM(S) WAS MY OWN FREE ACT AND IF I HAVE ANY DOUBTS CONCERNING THE CONTENTS OF THIS AGREEMENT, I WILL CONSULT AN ATTORNEY BEFORE PURCHASE.
BEFORE PURCHASE, I AGREE I HAVE READ THE ABOVE STATED, UNDERSTAND ITS TERMS AND AGREE TO BE BOUND BY THOSE TERMS WHICH SIGNIFICANTLY LIMIT MY LEGAL RIGHT TO SUE. I UNDERSTAND AND ACKNOWLEDGE THAT I AM WAIVING THE RISK OF INJURY RELATING TO ANY USE OF THE ARMREST I WILL RECEIVE FROM SHIPPER. I ALSO AGREE THAT ANY ACTION AGAINST THE SHIPPER MUST BE FILED IN THE STATE OF IOWA AND WILL BE SUBJECT TO THE LAWS OF THE STATE OF IOWA.