PRODUCT TEST, WAIVER OF LIABILITY AND HOLD HARMLESS AGREEMENT
- In consideration for receiving the opportunity to test Hatch Baby Rest the prototype night light and sound machine produced by Hatch Baby, Inc., a Delaware corporation (“Hatch Baby”), I hereby release, waive, discharge and covenant not to sue Hatch Baby, its members, officers, stockholders, agents and employees (hereinafter referred to as “Releases”) from any and all liability, claims, demands, actions and causes of action whatsoever arising out of or relating to any loss, damage or injury, including death, that may be sustained by me, my spouse, my baby/infant, or to any property belonging to me, whether caused by the negligence of the Releasees, or otherwise, while participating in the Test, or while in any way engaged with activities related to the Test.
- I acknowledge and understand that the Product is a prototype version that may contain defects operational issues and/or problems and that the Product is not expected to function fully or flawlessly during the Test.
- I understand and agree that Hatch Baby shall have the right to use, in any manner and for any purpose, any information gained as a result of my Test of the Product. Such information shall include but not be limited to changes, modifications and corrections to the Product. Hatch Baby shall have the right to use, at its sole discretion, all such information, including but not limited to use by incorporation of such information into Product improvements, updates to computer programs and software and look and feel improvement suggestions. I further agree that all such feedback, suggestions and information provided to Hatch Baby as part of the Test will become the exclusive property of Hatch Baby and that I will not be compensated in any way for providing this feedback, suggestions and information, and will not retain any rights to, such feedback, suggestions and information.
- I acknowledge and understand that there are risks and hazards connected with participating in the testing of a prototype product for infants. For example, there is a power cord that poses risk for strangulation when positioned too close to the baby, and there may be other risks and hazards since this is a prototype product. However, I hereby elect to voluntarily participate in the Test, even though participation in the Test may be inherently, or may become during the course of the Test, hazardous to me or my infant’s health.
- I further agree to indemnify, save and hold harmless the Releasees and each of them, from any loss, liability, damage or costs they may incur due to my participation in the Test, whether caused by the negligence of any or all of the Releasees, or otherwise.
- It is my express intent that this Release shall bind me, all members of my family, my heirs, assigns and personal representative and shall be deemed as a Release, Waiver, Discharge and Covenant Not to Sue the Releasees.
- I understand and agree that this Agreement, and all disputes arising out of or related hereto or in any way concerning the Test, shall be governed by and construed under the laws of the State of California, United States of America, without reference to conflict of laws principles. All such disputes shall be subject to the exclusive jurisdiction of the state and federal courts located in Santa Clara County, Ca, and the parties agree and submit to the personal and exclusive jurisdiction and venue of these courts. In any dispute related to the subject matter of this Agreement, the prevailing party in such dispute shall have the right to collect reasonable attorney’s fees and court costs from the other party.
In agreeing to this release, I acknowledge and represent that:
- I am at least eighteen (18) years of age and fully competent.
- No oral representation, statements or inducements, apart from the foregoing written agreement, have been made; and
- I HAVE READ THE FOREGOING RELEASE, UNDERSTAND IT, AND AGREE TO IT VOLUNTARILY OF OWN FREE WILL.