You acknowledge that you understand that Livingston Robotics Club Inc., its board members, its officers, its employees, its club members, its volunteers and makers, and other volunteers and makers who help its projects (“LRC”, or “we”) are acting as a good samaritan and an independent volunteer providing dissemination of 3D designs and other product designs (“Designs”), and manufacturing products (“Products”) related to COVID-19 emergencies. We do not certify the Designs, Products, or their components operate properly or satisfy any regulatory requirements. This Release, Waiver of Liability, Defense, Indemnification and Hold Harmless Agreement (“Agreement”) is meant to reflect the fact that LRC offers the Designs and Products as experimental devices, without warranty of any kind. The person (“You”) is either the individual recipient of the Designs or Products if the individual recipient is an adult under the laws of the relevant jurisdiction or the parent or legal guardian of the child if the individual recipient is a child under the laws of the relevant jurisdiction.

You agree that the Designs or Products provided to You by LRC or by any individual associated with LRC is provided “AS IS” and without representations or warranties of any kind, express or implied, and is intended to be a gift. By accepting the Designs or Products, you further acknowledge that such Designs or Products have not been tested, they have not been evaluated or approved by any regulatory authority, and they are not intended to replace standard protective equipment. Use of the Designs and Products for any purpose is at your own risk.

You understand that the Designs or Products furnished by LRC is meant to benefit society, and are not intended, and shall not be used, for commercial use. If You are an adult under the laws of the relevant jurisdiction and are the individual recipient, you acknowledge that You understand the potential risks of the use of the Designs or Products and expressly assume such risks. If the individual recipient is a child under the laws of the relevant jurisdiction, You represent that You are the parent or legal guardian of the child and that You understand the potential risks of the use of the Designs or Products and expressly assume such risks on behalf of the individual recipient.

Furthermore, You (either for yourself or your child) release and forever discharge LRC from any and all liability for acts or omissions— including negligent acts or omissions—causing damage, loss, injury, or death to the individual recipient or others from the use of the Designs or Products. You agree to defend, indemnify and hold LRC harmless from any and all liability or loss—including liability for negligence—arising in conjunction with or resulting from the individual recipient’s use of the Designs or Products (including all attorney’s fees and expenses incurred by LRC).

You further understand and agree that LRC and any individual associated with LRC shall not be liable for any injuries or damages, including any consequential, incidental, indirect, punitive or special damages, resulting from or arising out of the use of the Designs or Products provided by LRC or any individual associated with LRC.

You further understand and agree that the Products are not manufactured with standard practices, clean environments, quality controls, or any sterilization practices.

Any information provided by LRC and any individual associated with LRC is not intended to be relied upon to protect from, diagnose or treat a health problem or disease, and LRC makes no claims regarding the Designs, Products, or their components. You should consider consultation with a qualified health care provider prior to using or providing the Products and any products manufactured pursuant to the Designs. Any statements made by LRC are for informational purposes only and are not meant to replace the services or recommendations of a physician or other qualified health care practitioner.

You acknowledge that this Agreement is governed by the laws of the State of New Jersey (without reference to its conflict of law provisions) and the parties intend that this Agreement be interpreted as broadly and inclusively as permitted by law. If any portion of this Agreement is found to be invalid for any reason, the remainder of the Agreement shall continue to remain in full force and effect and shall continue to be binding.

By accessing the Designs or accepting the Products, You acknowledge that You have carefully read the foregoing provisions, understand their contents, and agree with and to each and every provision herein.