PLEASE READ CAREFULLY BEFORE SIGNING
THIS DOCUMENT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO SUE THE RECOVERY CLOSET ("ORGANIZATION"). BY SIGNING, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND VOLUNTARILY AGREE TO ALL TERMS.
Purpose & No Medical Advice
The Organization is a nonprofit charity providing recovery-related supplies at no cost. The Organization is NOT a medical provider. It does not give medical advice, recommend treatments, or guarantee any recovery outcome. You agree to follow the advice of your licensed healthcare provider and immediately stop using any item that causes pain, irritation, or instability.
"AS-IS" Condition & Warranty Disclaimer
All items are donated or purchased in good faith and distributed as a charitable courtesy.
TO THE FULLEST EXTENT PERMITTED BY LAW, ALL SUPPLIES ARE PROVIDED "AS IS" AND "WITH ALL FAULTS." THE ORGANIZATION EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SAFETY, OR PROPER FIT.
Assumption of Risk
You understand that using recovery supplies involves inherent risks (including falls, equipment failure, skin irritation, pressure injuries, improper fit, or aggravation of injuries). YOU VOLUNTARILY ASSUME ALL RISKS, KNOWN OR UNKNOWN, ASSOCIATED WITH RECEIVING, TRANSPORTING, ASSEMBLING, AND USING THESE ITEMS.
RELEASE OF LIABILITY & EXPRESS NEGLIGENCE WAIVER
TO THE FULLEST EXTENT PERMITTED BY TEXAS LAW, YOU HEREBY RELEASE, WAIVE, AND COVENANT NOT TO SUE THE ORGANIZATION, ITS OFFICERS, DIRECTORS, EMPLOYEES, VOLUNTEERS, DONORS, AND AGENTS ("RELEASED PARTIES") FROM ANY AND ALL CLAIMS, DAMAGES, OR LIABILITIES ARISING FROM OR RELATED TO YOUR RECEIPT OR USE OF ANY ITEM.
THIS RELEASE EXPRESSLY APPLIES TO ANY CLAIMS ALLEGING OR ARISING OUT OF THE NEGLIGENCE (SOLE, JOINT, OR COMPARATIVE) OF ANY RELEASED PARTY, BUT EXCLUDES GROSS NEGLIGENCE OR WILLFUL MISCONDUCT TO THE EXTENT PROHIBITED BY TEXAS LAW.
Hold Harmless & Indemnification
YOU AGREE TO DEFEND, INDEMNIFY, AND HOLD HARMLESS THE RELEASED PARTIES FROM ANY CLAIMS, LAWSUITS, LOSSES, OR ATTORNEY’S FEES ARISING FROM YOUR USE, MISUSE, ALTERATION, OR TRANSFER OF ANY ITEM, OR ANY THIRD-PARTY CLAIMS RELATED TO YOUR POSSESSION OF THE ITEMS, EVEN IF CAUSED IN WHOLE OR IN PART BY A RELEASED PARTY'S NEGLIGENCE.
Legal Standards & Statutory Immunity
Nothing in this Agreement waives or restricts any statutory immunity or liability caps available to the Organization or its volunteers under Texas law (including the Texas Charitable Immunity and Liability Act, Tex. Civ. Prac. & Rem. Code Ch. 84) or federal law. This Agreement is governed by Texas law, with exclusive venue in the county of the Organization's principal place of business. If any part is held unenforceable, the rest remains valid.
ACKNOWLEDGMENT OF VOLUNTARY SIGNATURE
By signing below, I certify that I am at least 18 years old, legally competent, have carefully read and understood this Agreement, and agree to its terms voluntarily.