Arnott General Release, Waiver of Liability & Hold Harmless Agreement
I certify that I understand and acknowledge the inherent risks to my well-being regarding my under-taking the installation of air suspension replacement products and other automotive and motorcycle repair products offered by Arnott, Inc. (the “Products”). Arnott, Inc. has created and makes available instructional videos (on the internet) and installation manuals (on the internet and in hard copy format) for educational and informational purposes only. I agree and acknowledge that such videos, instruction manuals and their content such as graphics, text, video, images, and other material contained in the manuals and videos (collectively the “Content”) are for general educational and informational purposes only, and are not intended to be a complete and accurate explanation of the work methods, process, and protocols to be implemented when installing the Products.
As consideration for Arnott, Inc. making the Content (including such instructional videos and installation manuals) available to individual consumers such as myself, I agree to release, waive, discharge and covenant not to sue Arnott, Inc. or any shareholder, director, officer, employee, representative or any party related to, associated with or controlled by, or under the control of, Arnott, Inc. (collectively, the “Releasees”) regarding any and all liabilities, claims, demands, damages or causes of action that may arise from or be related to any harm or injury (including, without limitation, death), that I or my property may sustain, associated with my attempt to install the Products (whether such personal injury, death, or property damage be caused by the negligence or otherwise). “Control” shall mean the possession, directly or indirectly, of the power to direct or cause the direction of the management and policies of any entity or individual, whether through ownership of voting securities of an entity, through employment, by contract or otherwise.
I am fully aware of the risks associated with attempting to install air suspension equipment. I voluntarily assume full responsibility for any risk of loss, property damage, or personal injury, including death, that I may sustain as a result of participating in any such activity, however caused. I further agree to indemnify and hold harmless Releasees from any loss, liability, damage or cost, including court costs and attorneys’ fees, which may accrue related to my attempted installation of automotive or motorcycle equipment, however caused.
This instrument shall be binding upon the members of my family and my heirs, assigns and personal representatives. I agree and acknowledge that this instrument shall be governed by the laws of the State of Florida and jurisdiction and venue for any disputes arising under this Agreement shall lie exclusively in the state or federal courts located in Orange County, Florida.
I further agree that if any provision of this Agreement is deemed invalid or unenforceable, such provision will be deemed limited by construction in scope and effect to the minimum extent necessary to render it valid and enforceable and, in the event no such limiting construction is possible, the invalid or unenforceable provisions will be deemed severed from this Agreement without affecting the validity of any other term or provision.
In the event a dispute arises regarding this Agreement or the subject matter hereof and suit is instituted, if Releasees prevail in such litigation, Releasees shall be entitled to recover reasonable attorney’s fees and other costs and expenses from Releasor, whether incurred at the trial level or in any appellate proceeding.
By accessing Arnott, Inc. Content (including instructional videos or installation manuals), I signify my assent to this Agreement and agree and acknowledge that I have read the Agreement in its entirety and understand and consent to all of its terms. I agree and acknowledge that Arnott, Inc. may revise and update this Agreement at any time, and that my continued usage of the Site will mean that I accept those changes.
I certify that I have read and fully understand the above General Release, Waiver of Liability and Hold Harmless Agreement. I certify that I am accessing the Content voluntarily and that I understand that by using or viewing the Content, I am giving up substantial rights.
Updated: April, 2018