This liability waiver and agreement is for informational purposes only. By submitting an application to receive and AED and/or emergency response training, you are agreeing in principle to these terms. Prior to the delivery of our services, we will ask for a signed copy of this waiver, which we will provide to your group at the appropriate time. Thank you!

HEART OF THE GAME WAIVER OF LIABILITY AND DONEE AGREEMENT

WHEREAS, sudden cardiac death caused by sudden cardiac arrest (SCA) is a leading cause of death in the U.S. and can strike young people participating in athletic activities at schools, community centers, and recreation centers.

WHEREAS, placing AEDs in schools, community centers, and recreation centers may help increase the chances of saving the lives of young athletes experiencing SCA in these environments.

WHEREAS, the Donor is donating AEDs to selected Donees.

WHEREAS, Donee wishes to receive an AED and possibly also emergency response training donated by Heart of the Game.

WHEREAS, Heart of the Game requires all Donees to enter into this Agreement as a condition of receiving donated AED(s) or training.

NOW, THEREFORE, in consideration of the foregoing recitals, and intending to be legally bound, the parties to this Agreement agree as follows:
1. Recitals. The foregoing recitals are incorporated into and made a material part of this Agreement.
2. Obligations of Heart of the Game: Subject to the terms of this Agreement, Heart of the Game agrees to donate to Donee, without cost, AED(s) and emergency medical training for up to one year.
3. Obligations of Donee: In consideration for the receipt of the donated Equipment and/or training, Donee hereby understands, acknowledges and agrees that Heart of the Game is not, pursuant to this Agreement or its Equipment donation, assuming responsibility for any aspect of Donee’s use, attempted use, or non-use of the Equipment or Donee’s AED program.
3.1. Understands, acknowledges, and agrees that, to the extent that any manufacturer or distributor provides any training or services in connection with the Equipment, such training and services are in no way associated with or endorsed by Heart of the Game.
3.2. Assumes sole and exclusive responsibility for all aspects of Donee’s use, attempted use, or non-use of the Equipment and the creation, implementation, and operation of all aspects of Donee’s AED program;
3.3. Applicant acknowledges and agrees that Heart of the Game has not and will not be providing Donee with any medical advice or advice regarding the use of the Equipment or Donee’s AED program. Applicant understands that there may be risks associated with the Equipment and fully accepts such risks. Donee further acknowledges that Heart of the Game does not recommend or endorse any specific physicians, AED products, procedures, AED program design, opinions, or other information that may be mentioned in the AED Application, this Agreement, Heart of the Game website, links from Heart of the Game website, or offered by any person or entity affiliated in any way with Heart of the Game.
3.4. UNDERSTANDS, ACKNOWLEDGES AND AGREES THAT (i) ANY EQUIPMENT PROVIDED BY OR THROUGH HEART OF THE GAME IS PROVIDED “AS IS” WITHOUT ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER WHETHER EXPRESS OR IMPLIED (ii) THE EQUIPMENT TO BE DONATED MAY BE PROVIDED BY ONE OR MORE MANUFACTURERS, DEPENDING ON AVAILABILITY, COST, PROMOTIONS OR OTHER FACTORS: (iii) HEART OF THE GAME DOES NOT ENDORSE ANY PARTICULAR EQUIPMENT MANUFACTURER AND THE FACT THAT A DONATED AED IS PRODUCED OR PROVIDED BY A CERTAIN MANUFACTURER OR DISTRIBUTOR SHOULD NOT BE CONSTRUED AS AN ENDORSEMENT BY THE FOUNDATION AS TO QUALITY, FITNESSS FOR A PARTICULAR PURPOSE OR OTHERWISE.
3.5. Agrees to comply with all applicable laws, regulations, and standards of care governing the placement and use of AEDs in non-medical, school, community center, recreation center, or other applicable settings.
3.6. Heart of the Game requests (but does not require) that Donee provide Heart of the Game with one or more photographs of the AED at Donee’s location for use on Heart of the Game’s website and other promotional materials in furtherance of Heart of the Game’s mission. By sending such photograph(s) to Heart of the Game, Donee grants Heart of the Game a license to use the photograph(s) for such purposes and represents that it has the permission of the photographer(s) and the permission of all persons in the photograph(s) to grant Heart of the Game such license.
4. Equipment Ownership. Upon Heart of the Game’s donation to Donee of the Equipment, all right, title and interest in and to the Equipment is irrevocably transferred to Donee.
5. Waiver, Release, and Indemnification by Donee. Donee, on behalf of itself and its directors, officers, agents, employees, representatives, and assigns hereby:
5.1. Releases, waives, discharges, and covenants not to sue Heart of the Game, or its current and past directors, trustees, officers, agents, affiliates, subsidiaries, employees, representatives, and assigns (collectively referred to as “Releasees”) from any and all liability to Donee (or any other person or entity) for any loss or damage and any claims or demands on account of any injury (including death) or damage of any kind whatsoever that results from the acceptance, use, attempted use, or non-use of the Equipment received by Donee from Heart of the Game and/or the operation of Donee’s AED program, whether caused by the negligence, gross negligence, or other actions of Releasees or otherwise.
5.2. Agrees to indemnify, save, and hold harmless the Releasees from any injury (including death) loss, liability, damage, or costs, including attorneys’ fees, costs of any actual or threatened suit, action, Complaint or settlement, and any direct, consequential, special, incidental, punitive, or indirect damages of any kind that arise out of or are related to the use, attempted use, or non-use of the Equipment and/or the operation of Donee’s AED program. Donee acknowledges and agrees that this shall include injury (including death), loss, liability, damage, and costs that result from the use, attempted use, or nonuse of the Equipment by any party, including untrained individuals and members of the public unrelated to Donee.
5.3. Assumes full and exclusive responsibility for any injury, death, or damage that arises out of or is related to the use, attempted use, or non-use of the Equipment and/or the operation of Donee’s AED program.
6. Term and Termination. This Agreement shall be effective as of the date specified above and shall continue in perpetuity.
7. Equipment Transfer. In the event Donee transfers ownership of the donated Equipment to a successor party, the terms of this Agreement shall be binding upon successor owners of the Equipment.
8. Severability. Donee acknowledges and agrees that this Agreement is intended to be as broad and inclusive as is permitted by law and if any portion of this Agreement is held invalid, Donee further agrees that the remainder of this Agreement shall, notwithstanding, continue in full legal force and effect.
9. Notice. Any and all notices required or permitted by this Agreement shall be deemed delivered if (i) delivered personally, (ii) transmitted by electronic facsimile/email, or (iii) mailed by registered or certified mail or express mail, postage prepaid to a party at its principal place of business listed on the signature line or at such other address as may be designated by the party from time to time.
10. Entire Agreement. This written Agreement constitutes the entire and complete agreement between the parties and supersedes any prior oral or written agreements between the parties as to the Agreement’s subject matter. It is expressly agreed that there are no verbal understandings or agreements which in any way change the terms, covenants, and conditions of this Agreement.
11. Binding Effect. Subject to the provisions set forth in this Agreement, this Agreement shall be binding upon and inure to the benefit of the parties hereto and upon their respective successors, parent entities, subsidiaries, affiliates, trustees, directors, officers, agents, attorneys, insurers, employees, representatives, assigns, successors, plan administrators, and all persons acting by, through, under, or in concert with them, past and present.
12. Amendment. Unless otherwise specifically provided in this Agreement, no amendment, modification, or supplement to this Agreement shall be valid or binding unless set out in writing and executed by the parties in the same manner as the execution of this Agreement.
13. Strict Performance. No waiver by either party of any provision of this Agreement shall be deemed to have been made unless such waiver be in writing signed by the waiving party. The failure of either party to insist upon the strict performance of any of the covenants or conditions of this Agreement, or to exercise any option conferred, shall not be construed as waiving or relinquishing for the future any such covenants, conditions, or options, but the same shall continue and remain in full force and effect.
14. Governing Law and Venue. This Agreement is executed in the State of Florida and shall be construed in accordance with the internal laws of the State of Florida (without reference to conflicts of law statutes or decisions). Any action brought to enforce or interpret this Agreement shall be brought only in federal or state court having competent jurisdiction and venued in Palm Beach County, Florida, and the parties consent to such venue and jurisdiction.
15. Voluntary Agreement. This Agreement contains important legal commitments, releases and waivers. By signing below, the signatories acknowledge that they fully understand the terms of this Agreement and are entering into it knowingly and voluntarily. This Agreement shall not be construed against either party as the drafter.
16. Authorized Agents. The parties acknowledge that they are duly authorized to enter into this Agreement and that this Agreement is being signed by agents duly authorized to act on their respective behalf.