In exchange for the opportunity to receive the Products (defined below) from Giving the Basics (“GTB”), the Authorized Representative (identified on the Product Order Form) of the Recipient Organization (identified on the Product Order Form), on behalf of the Recipient Organization, on his/her own behalf, and on behalf of any other volunteers, staff, directors or other personnel associated with the Recipient Organization (“Recipient’s Personnel”), hereby accepts and agrees to be bound by the terms and conditions of this Product Pick-Up Acknowledgement and Waiver (the “Waiver”). GTB is a not-for-profit organization that provides hygiene and personal care products (the “Products”) to Recipient Organization in such capacity and at no charge.

  1. Acknowledgement. Authorized Representative acknowledges that he/she is 18 years of age or older and is authorized to sign this Waiver on behalf the Recipient Organization in exchange for the Products provided by GTB. Recipient Organization voluntarily accepts the Products “as is” and is solely responsible for any and all labor and costs associated with removing the Products from GTB’s premises.
  2. Removal of the Products from GTB’s Premises. It is the sole responsibility of Recipient Organization to arrange for the safe removal of the Products from GTB’s premises, including all decisions regarding safely loading the vehicle and transporting the Products to their destination. Further, Recipient Organization acknowledges that GTB has no duty to assist in loading or transporting the Products provided to Recipient Organization and that even in the event that GTB staff, volunteers, directors or other GTB personnel (“GTB Personnel”) provide assistance to Recipient Organization, it is still the sole responsibility of Authorized Representative and/or Recipient Organization to determine whether the products are loaded and transported safely.
  3. Recipient’s Personnel Are Not GTB Personnel. Authorized Representative acknowledges that Recipient’s Personnel are not employed by or volunteers for GTB, and therefore, Recipient Organization is solely responsible for ensuring the safety of Recipient’s Personnel and ensuring compliance with all labor laws. Authorized Representative acknowledges that neither GTB’s commercial insurance policy nor any other insurance policies of GTB will provide direct coverage to Recipient’s Personnel.
  4. No Representations or Warranties. GTB makes no representations or warranties whatsoever, express or implied, with respect to the Products provided to Recipient Organization. In no event shall GTB be liable for direct, indirect, special, consequential, incidental or punitive loss, damage or expenses arising out of or in connection with this Waiver, including but not limited to the loading or removal of the Products from GTB’s premises, or the transportation, distribution or use of the Products, whether based on breach of contract or tort (including negligence).
  5. Release and Waiver. Recipient Organization hereby releases, waives, discharges, covenants not to sue, and indemnifies GTB and all of its past, present and/or future predecessors, successors, assigns, affiliates, related entities and their owners, officers, directors, employees, volunteers, agents, contractors, representatives, sponsors, and insurers (collectively, the “Released Parties”) from any liability or responsibility for any injury (including death), and for any damage to or loss of property, however caused, that Recipient Organization or any other third party may suffer as a result of or in connection GTB’s provision of the Products to Recipient Organization, including all loss or damage caused by the negligence or fault of any of the Released Parties. Furthermore, Recipient Organization shall indemnify and hold harmless GTB from and against any and all liability, claims, causes of action, and costs of whatever kind and nature, including, but not limited to injury, damage, loss including death, resulting from, arising out of, or occurring in connection with this Waiver, including but not limited to, the receipt, loading, transporting, unloading, distribution or use of the Products.
  6. Electronic Signature. Authorized Representative agrees that the electronic signature of this Waiver is intended to authenticate this writing and to have the same force and effect as a manual signature, pursuant to the Missouri Uniform Electronic Transactions Act (RSMo § 432.200 et seq.), as amended from time to time.