Terms and Conditions
INDEMNITY, WAIVER AND RELEASE FROM LIABILITY
By accepting the terms and conditions of sale and
order, you acknowledge that:
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.
of the Product carries with it a risk of serious injury, death and/or
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.
Product has not been tested or approved by UCSG or any regulatory
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
WE ASSUME THE RISKS ASSOCIATED WITH DESIGN, MANUFACTURE, SALE AND/OR USE OF THE PRODUCT, ALL SUCH
RISKS BEING UNDRSTOOD AND APPRECIATED BY US.
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.