ACKNOWLEDGEMENT, INDEMNITY, WAIVER AND RELEASE FROM LIABILITY

By accepting the terms and conditions of sale and order, you acknowledge that:

1. We have requested ABOVE ALL ADVERTISING, INC. / DBA Premier Fender, a California corporation (the “Company”) to manufacture an inflatable slide  or inflatable fender/s (the “Product/s”) on our behalf.
2. Use of the Product carries with it a risk of serious injury, death and/or property loss. 
3. The Company is not a design specialist insofar as the Product is concerned or at all, and does not have the expertise or facilities to test the Product for its safety, durability or fitness of purpose.
4. The Product has not been tested or approved by UCSG or any regulatory authority.

WE HEREBY ASSUME THE RISKS ASSOCIATED WITH THE DESIGN, MANUFACTURE, SALE AND/OR USE OF THE PRODUCT.  We acknowledge and understand that our statements with respect to this Waiver and Release are being relied upon by the Company and its officers, directors, employees, representatives and agents.

WE HEREBY INDEMNIFY, WAIVE, RELEASE, AND FOREVER DISCHARGE THE FOLLOWING PERSONS AND ENTITIES FROM ANY AND ALL claims, obligations, liabilities, causes of action, suits, debts, liens, damages, judgments, losses, demands, costs and expenses (including, without limitation, attorneys’ fees) of any kind (COLLECTIVELY, “cLAIMS”) Which may arise out of, result fROM, or relate to, whether directly or indirectly, THE DESIGN, MANUFACTURE, SALE AND/or USE OF THE PRODUCT: THE COMPANY, AND THE OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES AND AGENTS OF THE COMPANY (COLLECTIVELY, “RELEASED PARTIES”), EVEN IF SUCH CLAIMS ARE CAUSED BY THE NEGLIGENT ACTS OR OMISSIONS OF THE RELEASED PARTIES OR ANY OTHER PERSON OR ENTITY;

WE ASSUME THE RISKS ASSOCIATED WITH DESIGN, MANUFACTURE, SALE AND/OR USE OF THE PRODUCT, ALL SUCH RISKS BEING UNDRSTOOD AND APPRECIATED BY US. 

we FURTHER COVENANT AND AGREE NOT TO SUE the COMPANY or any of the Released Parties for any Claims that we have released, waived or discharged in this Waiver and Release; and we agree to indemnify and hold harmless the COMPANY and the Released Parties from any and all Claims arising out of or resulting from, directly or indirectly, (a) our acts or omissions and (b) our breach or failure to comply with any provision of this Waiver and Release.