Through each Client Referral form submitted by the Partner Agency representative, as attested by the Partner Agency representative listed, Client/Recipient indicates his/her understanding and agreement with the terms of the Donation Agreement, provided below:
This Donation Agreement (“Agreement”), dated as of the date of receipt of the Client Referral form submitted by the Partner Agency representative on behalf of Client for the item(s) to be donated (the “Effective Date”), by Client's receipt of home furnishings, is entered into by and between Home Tomorrow, Inc., a New Hampshire voluntary corporation (the “Donor”), on the one hand, and the Recipient Party(s), each, an individual (collectively, the “Recipient”), on the other hand. Donor and Recipient are sometimes referred to herein each as a “Party” and collectively as the “Parties.” The Parties hereto agree as follows:
1. Donation. Donor hereby donates (the “Donation”), and Recipient hereby accepts from Donor the items received, incorporated herein by this reference (the “Donated Items”). The Parties acknowledge that the Donated Items are being gifted and donated to Recipient for no consideration. As of the date of pickup occurred, the Parties acknowledge that the Donated Items have been picked up by or delivered to Recipient and that the Donated Items shall be deemed to be owned by Recipient.
2. Use of donated items. Recipient may only use the Donated Items for his or her family’s personal use, and hereby represents to Donor that Recipient is accepting the Donated Items solely for such purposes. At any time during the first three (3) years of ownership of the Donated Items, Recipient may not sell, trade, or otherwise transfer any of the Donated Items to any person not related to Recipient by blood or marriage.
3. Disclaimer of warranties. RECIPIENT ACKNOWLEDGES THAT DONOR RECEIVED THE DONATED ITEMS THROUGH DONATIONS FROM OTHER THIRD PARTIES,
AND IS ACTING MERELY AS A FACILITATOR FOR PURPOSES OF ENSURING THAT ITEMS THAT HAVE BEEN DONATED ARE THEREAFTER DONATED TO PERSONS
WITH DEMONSTRATED NEED, AND NO QUALIFIED INSPECTIONS OF THE SAME ARE PERFORMED BY DONOR, INCLUDING FOR ANY PATENT OR LATENT
DEFECTS. SUBJECT TO APPLICABLE LAW, THE DONATED ITEMS ARE BEING PROVIDED TO RECIPIENT ON AN "AS IS" BASIS. AS SUCH, DONOR MAKES NO
WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT THERETO, INCLUDING WITHOUT LIMITATION, ANY WARRANTY OF CONDITION,
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR TITLE, WHETHER EXPRESS OR IMPLIED BY LAW, COURSE OF DEALING, COURSE OF
PERFORMANCE, USAGE OF TRADE, OR OTHERWISE.
4. Waiver, release of claims and indemnification. Subject to applicable law, Recipient hereby agrees on behalf of Recipient, their estate, heirs, assigns, and all of Recipient’s minor children and/or wards, to release and discharge Donor, its past, present, and future affiliates, officers, directors, employees, volunteers, subsidiaries, agents, partner agencies or referring agency(s) and their organizations, successors and assigns (collectively, the “Released Parties”), from and against any and all claims, lawsuits, demands, injuries, losses, expenses, damages, or other costs or liabilities of any kind or nature (including reasonable attorneys’ fees) (collectively, the “Claims”) whether now or hereafter known, whether foreseen or unforeseen, arising out of or related to Recipient’s or any third party’s receipt, transportation, storage, use and/or disposal of any of the Donated Items. Recipient hereby agrees to indemnify, defend and hold the Released Parties harmless from and against any and all Claims, whether now or hereafter known, whether foreseen or unforeseen, and whether brought by Recipient, their estate, heirs, assigns, children, wards, any other family member or by any other third party arising out of or related to Recipient’s or any other third party’s receipt, storage, use and/or disposal of any of the Donated Items.
5. Severability. In the event that any term of this Agreement is deemed to be invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction and venue: (1) the Parties shall use all reasonable efforts to negotiate in good faith to amend the term to eliminate any such invalidity, illegality, or unenforceability to the extent practically possible, taking into full account their original intent when entering into this Agreement in the first instance, and (2) the remaining provisions hereof shall continue in full force and effect.
6. Governing law. This Agreement shall be governed by the laws of the State of New Hampshire, County of Hillsborough, without regard to its conflict of laws principles.
7. Entire agreement; modification. This Agreement (along with any references and/or attachments specifically incorporated herein) sets forth the entire agreement between the Parties with respect to its subject matter and supersedes any prior agreement or communications between the Parties, whether written or oral relating hereto. No representation, inducement, or promise has been made or relied upon by either Party other than as expressly set forth in this Agreement. This Agreement may be modified only by a written amendment signed by an authorized representative of each Party.