Donation Station

I UNDERSTAND THAT MY USE OF THE GOODWILL DONATION STATION IS SUBJECT TO THE TERMS AND CONDITIONS AND HOLD HARMLESS AND INDEMNIFICATION AGREEMENT CONTAINED HEREIN

Hold Harmless and Indemnification Agreement (the “Agreement”)

1. Definitions:

(a) “Goodwill Donation Station” means the trailer owned by Goodwill and used to collect donations for Goodwill.
(b) “Goodwill Donation Station Program” means Your use of the Goodwill Donation Station.
(c) “I”, “My,” “You,” or “Your” means the undersigned and/or the person requesting use of the Goodwill Donation Station and the agents, servants, employees, or other representatives acting on those person(s) behalf.
(d) “Goodwill” means Goodwill Industries of Kansas, Inc. and its attorneys, agents, servants, employees, or other representatives acting on its behalf.
(e) “Parties” means You and Goodwill, collectively.
(f) “Applicable Law” means the laws of the State of Kansas without regard to conflict of law principles.

2. Indemnification and Hold Harmless:

(a) Agreement: To the fullest extent permitted by the Applicable Law, You agree to hold harmless and indemnify Goodwill against any and all claims and actions arising out of Your participation in the Goodwill Donation Station Program and/or your use of the Goodwill Donation Station.
(b) Applicability and Scope: The applicability and scope of this Indemnification and Hold Harmless Provision shall include, but not be limited to: expenses, judgments, fines, settlements, and other amounts reasonably incurred in connection with any liability, suit, action, loss, or damages resulting from Your participation in the Goodwill Donation Station Program. This Indemnification and Hold Harmless provision shall, without limitation, apply to injuries, damages, and/or losses that You, other individuals, the Goodwill Donation Station, and/or other property sustains as a result of Your participation in the Goodwill Donation Station Program.
(c) Exceptions: You are not required to hold harmless or indemnify Goodwill to the extent that Goodwill is negligent or at fault.

3. Representations:

(a) Cooperation: The Parties agree and represent that they will cooperate in good faith to defend against any claim or action related to Your participation in the Goodwill Donation Station Program.
(b) Entire Agreement: The Parties agree and represent that this Agreement is the entire agreement between the Parties and that all other agreements, whether written or otherwise, are replaced in their entirety by the terms of this Agreement.
(c) Modifications: The parties agree that this Agreement may only be modified by a written amendment signed by the Parties.
(d) Validity and Enforceability: The Parties agree and represent that this Agreement is a valid and legally enforceable agreement that is binding on both Parties.
(e) Capacity: The Parties represent that they are duly authorized and have legal capacity to execute this Agreement.
(f) Understanding: The Parties represent that they fully understand the terms, provisions, conditions, and responsibilities of this Agreement.
(g) Reasonable Care: You represent and agree that you will use reasonable care when using the Goodwill Donation Station to prevent injury or damage to property, Yourself, others, or the Goodwill Donation Station.
(h) Use of the Trailer: You represent and agree that you will not use the Goodwill Donation Station for any purpose other than providing donations to Goodwill, unless that other purpose is agreed to in writing and signed as required by Paragraph 3(c) of this Agreement.

4. Applicable Law:

(a) Applicable Law: This Agreement shall be governed by the laws of the State of Kansas without regard to conflict of law principles.
(b) Severability: If one or more of the provisions of this Agreement are held invalid, void, or unenforceable by a court of competent jurisdiction, such provision shall be modified to the minimum extent necessary to make it or its applicable valid and enforceable. In any event, the validity and enforceability of all other provisions of this Agreement shall not be affected.

5. Miscellaneous:

(a) Waiver: Failure to enforce a term or provision of this Agreement will not be considered a waiver of said term. No waiver shall be effective unless it is made in writing and signed by the Parties. Furthermore, the waiver of any term or provision of this Agreement shall not affect the validity or enforceability of any other term or condition, nor shall it be deemed a waiver of any subsequent breach or violation of the same term or provision.
(b) Attorneys’ Fees and Expenses: If any legal proceeding is brought for enforcement of this Agreement, the prevailing party shall be entitled to recover its reasonable attorneys’ fees and expenses incurred in connection with said legal proceeding.
(c) Successors and Assigns: This Agreement shall be binding upon and shall inure to the benefit of the Parties, their respective successors and assigns.
(d) Signatures: Facsimile signatures and e-signatures are binding and are considered to have the same legal effect as original signatures.
(e) Effect: This Agreement shall become fully effective when signed by You below.