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Law Pro
Law Pro, Attorney
Category: Business Law
Satisfied Customers: 24869
Experience:  20 years experience in business law - sole proprietor, partnership, and corporations
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Contract manufacturer has customer who asks us to waive procedures

Customer Question

Contract manufacturer has customer who asks us to waive procedures & processes. Customer says they will "sign anything" in terms of a waiver/indemnity of manufacturer's liability. Is there a website or standard form that will be helpful? Customer and manufacturer both in California
Thank you!
Submitted: 3 years ago.
Category: Business Law
Expert:  Law Pro replied 3 years ago.

Welcome to JustAnswer! My goal is to do my very best to understand your situation and to provide a full and complete excellent answer for you.

My name is Fred and I'm going to assist you with your question.

Please bear with me if you believe my answer isn’t coming fast enough because I’m also working with other customers too. I apologize for any seemingly late response.

I'm not exactly sure of the parties and who will agree to what - can you restate what you're wanting once more?
Customer: replied 3 years ago.

customer violates manufacturer's procedures. this could cause delays or other problems. Customer would sign a waiver/indemnification. What should it look like?

Thank you!

Expert:  Law Pro replied 3 years ago.
I presume you wan the customer to sign a "release" - a release holding the manufacturer harmless and waiver if they violate their procedures.

Now this is as to use of the product they, the customer, bought from the manufacturer - correct?
Customer: replied 3 years ago.

Yes, a release and waiver from any terms express or implied and indemnification against any potential damages.

Expert:  Law Pro replied 3 years ago.
I'm having trouble posting the release.

I'll try again.
Expert:  Law Pro replied 3 years ago.
I, _____________, "Releasor", acknowledge that I am voluntarily requesting to use_______________ , "The Product" which I expressly waive and hereby release the _______________ Manufacturer of any liability of unanticipated risks of serious bodily injur, illness, death, damage or loss to myself, my property, and other thrid paries and their property, which may be caused by my own actions or inactions, those of others using the product including without limitation operator error, user error, reckless operations, my negligent use of the Product or other user's of the Product, the Product (including without limitation equipment failure) and conditions in with the use takes place, negligent maintenance or supervision of the Product and/or users, or the negligence or misconduct of any of the Released Parties named below.

Released parties:

manufacturer, lessors or lessees, it's parent companies, subsidaries, successors or predecessors in interest, assigns, or any related or affiliated entities, their employees, officers, directors, agents, dealers, representatives of the parties named above (collectively the "Released Parties")
I, {Name}, understand that my participation and/or involvement in {activity, event, program, etc.} carries with it the potential for certain risks, some of which may not be reasonably foreseeable.

I further acknowledge that these risks could cause me, or others around me, harm, including, but not limited to, bodily injury, damage to property, emotional distress, or death.

I am a willing participant in {activity, event, program, etc.}.

By signing this agreement, I agree to release, indemnify, and hold harmless {company, individual, group, etc.}, as well as all {their/its} employees, agents, representatives, successors, etc. from all losses, claims, theft, demands, liabilities, causes of action, or expenses, known or unknown, arising out of my {participation in, attendance at, etc.} {activity, event, program, etc.}.
Customer: replied 3 years ago.

this looks good. do you practice in California?

Expert:  Law Pro replied 3 years ago.
Pursuant to JustAnswers Terms of Service Agreement with us we are not allowed to represent customers outside of this venue. Sorry.

If you have any additional questions, about this or anything else, please ask for me, Law Pro, directly in the question and I will try to assist you as best I can.

For example, you would state, "This question is for Law Pro . . . (then on with your question).

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