In exchange for participation in the Automated External Defibrillator Rental Program (the “Program”) organized by Essex-Windsor Emergency Medical Services (“EWEMS”) and/or use of any Automated External Defibrillator(s) supplied by or through EWEMS (the “AED”), and for other good and valuable consideration, the receipt and sufficiency of which is acknowledged, the Applicant hereby covenants and agrees as follows:
- The Applicant will ensure that the AED is accessible, operational and rescue ready at all times, and the Applicant will follow any instructions or directions given by EWEMS (including any of its employees, representatives or agents), whether verbal or in writing, with respect to the possession, storage, installation, maintenance, repair, deployment and/or use of the AED.
- The Applicant recognizes that there are certain inherent risks associated with the Program and the possession, storage, installation, maintenance, repair, deployment and/or use of the AED. The Applicant assumes full responsibility for any and all such duties and risks.
- The Applicant hereby releases and forever discharges EWEMS (including its Councillors, directors, employees,representatives, agents, advisors, successors and assigns) from any and all claims, demands, actions, causes of action, applications, proceedings, judgments, settlements, losses, damages, injuries, penalties, fines, costs, expenses, fees, disbursements (including legal fees and disbursements) or liabilities (hereinafter referred to collectively as “Claims”), whatsoever, which the Applicant (including its directors, employees, representatives, agents, advisors, heirs, successorsand assigns) has or may have in any way connected to or arising from the Program or the possession, storage, installation, maintenance, repair, deployment or use of the AED.
- The Applicant indemnifies and holds harmless EWEMS (including its Councillors, directors, employees, representatives,agents, advisors, successors and assigns) from and against any and all Claims, whatsoever, which any third party has or may have in any way connected to or arising from the Program or the possession, storage, installation, maintenance, repair, deployment or use of the AED.
- The Applicant will be responsible for costs associated with replacing the AED if it is damaged, stolen or lost, except the Applicant will not be responsible for any costs associated with normal wear and tear of the AED.
- This Release of Liability and Indemnity shall be governed by the laws of the Province of Ontario and any dispute arising from this Release of Liability and Indemnity will be adjudicated by the Ontario Superior Court of Justice.
- If any part of this Release of Liability and Indemnity is found to be invalid, unenforceable or void, the remaining terms and provisions shall be deemed to be severable from the part so found and shall remain in full force and effect.
- This Release of Liability and Indemnity may be electronically executed and transmitted in counterpart, which shall be deemed an original and to be the same instrument.
- The Applicant has carefully read and considered this Release of Liability and Indemnity, and the Applicant is entering into this Release of Liability and Indemnity freely, voluntarily and with full understanding of its legal consequences.