Use & Distribution Assumption of Risk, Release, Covenant Not to Sue and Indemnity Agreement

This Assumption of Risk, Release, Covenant Not to Sue and Indemnity Agreement (the “Agreement”) is made by and between Front Line Masks LLC (Front Line) [a Washington limited liability company] (“Company”), and the user, wearer or distributor. 

In response to the COVID-19 Pandemic and resulting shortage of personal protective masks, the Company has created the Front Line Mask for use when another mask is not available. By using or distributing a Front Line 3D Mask you agree to the following.

1.   Release. By using or distributing a Front Line Mask, I for myself, my heirs, personal representatives and assigns, do hereby release, waive, discharge, and covenant not to sue the Company, its officers, employees, and agents (collectively, hereafter called the “Released Parties”), from liability from any and all claims including the negligence of the Released Parties, its officers, employees and agents, resulting in personal injury, accidents or illnesses (including death), property loss, and damages arising from, but not limited to, the use or distribution to others of Front Line masks.

2.   Assumption of Risks. Reliance on any protective mask, including a Front Line mask, is in no way a guarantee that you will be protected against disease and has inherent risks. Specifically, you understand that wearing a mask may not prevent people from picking up or spreading diseases or respiratory infections including Covid-19. I have read the previous paragraphs and I know, understand, and appreciate these and other risks that are inherent in relying on any protective medical equipment, including Front Line masks. I hereby assert that by using or distributing a Front Line mask is voluntary and that I knowingly assume all such risks.

3.   Indemnifications and Hold Harmless. I also agree to indemnify, defend, and hold the released parties and their officers, employees, and agents harmless from any and all claims, actions, suits, procedures, costs, expenses, damages and liabilities, including attorney’s fees brought as a result of my use or distribution of Front Line 3D Masks.

4.   Disclaimer. YOU ACKNOWLEDGE AND ACCEPT THAT: (A) YOU ASSUME ALL RISKS RELATED TO OR RESULTING FROM YOUR USE OR DISTRIBUTION OF A FRONT LINE 3D MASKS. (B) THE COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR WARRANTIES ARISING FROM COURSE OF PERFORMANCE, COURSE OF DEALING OR USAGE. (C) THE COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES THAT (I) FRONT LINE 3D MASKS OR MATERIALS WILL BE ERROR-FREE; (II) THE FRONT LINE 3D MASKS WILL MEET YOUR OR FEDERAL REQUIREMENTS; AND (III) THE RELIABILITY OF THE FRONT LINE MASK OR THE ACCURACY, COMPLETENESS, VALIDITY, OR TRUTHFULNESS OF ANY SUBMITTED MATERIALS OR INSTRUCTIONS.

5.   Fitness and Safety. I agree to follow all safety instructions provided by the Company, yet is not a guarantee. I am responsible for my own safety and well being at all times and under all circumstances.  

6.   Severability. The undersigned further expressly agrees that the foregoing waiver and assumption of risks agreement is intended to be as broad and inclusive as is permitted by the law of the State of Washington and that if any portion thereof is held invalid, it is agreed that the balance shall, notwithstanding, continue in full legal force and effect.

7.  Governing Law/Jurisdiction. This Agreement shall be construed and enforced in accordance with the laws of the State of Washington. With respect to any disputes arising out of or related to this Agreement, the parties consent to the exclusive jurisdiction of, and venue in, the state and federal courts in King County in the State of Washington (or in the event of exclusive federal jurisdiction, the courts of the Western District of Washington).