Food Donation Agreement printable pdf download

Food Donation Agreement*

This Agreement (this “Agreement”) is dated ____________ ___, 20__ between

(“Donor”) and

a nonprofit organization ("Recipient").

WHEREAS, in connection with its production activities, Donor has and will have leftover foodstuffs and

other consumables (the "Goods"). Donor wishes to donate such Goods to Recipient, pursuant to the

terms of this Agreement.

DONATION; FREE DISTRIBUTION. Donor hereby donates the Goods to Recipient. Recipient

represents and warrants that (i) the Goods will be distributed for free to Recipient's clients, (ii)

Recipient is a nonprofit organization that is operating for religious, charitable, or educational

purposes and does not provide net earnings to, or operate in any other manner that inures to the

benefit of, any officer, employee, or shareholder of Recipient, (iii) Recipient is knowledgeable of the

standards to properly recondition donated food or grocery products, and (iv) Recipient is not

providing anything of monetary value to Donor in consideration of the Goods.

INSPECTION. Recipient acknowledges inspection of each donation of Goods, and satisfaction

with their condition.

RELEASE. Recipient, for itself and its successors, assigns, agents, employees, and

representatives, hereby releases and discharges the Donor,

and each of their former, current and future directors, officers, shareholders, predecessors, successors,

assigns, affiliates, board members, agents, insurance carriers, attorneys, servants, employees

(including without limitation any catering company engaged for the preparation and delivery of the

Goods) from each and every claim, cause of action, damages (including consequential damages)

and demands, loss and expense, including but not limited to attorneys fees and costs, that it has or

might have, in any way arising out of or in connection with this Agreement or the Goods except to the

extent that any such liability cannot be released or waived under applicable Federal, state or local

law. The foregoing shall, to the fullest extent of applicable law, be in addition to, and not in

replacement or substitution of, any legal protections offered by any "Good Samaritan" or other similar

laws in any jurisdiction.

WARRANTY DISCLAIMER. Donor hereby expressly disclaims all warranties, written or oral,

statutory, express or implied, including any warranty of wholesomeness, merchantability, condition,

quality, fitness for use, or suitability of the Goods in any respect whatsoever, including any warranty

regarding the absence of any defects therein, whether latent or patent; it being understood and

agreed that the Goods are being donated in their current condition as of the date hereof. In

connection with Donor's donation of the Goods, Donor shall in no event be liable for any claim

whatsoever by or through Recipient, or any third party, for any issue or problem with the Goods,

whether such claim is based in any form of warranty, contract, tort (including negligence), strict liability

or otherwise and whether for direct, incidental, consequential, exemplary or other damages, except to

the extent that any such liability cannot be released or waived under applicable Federal, state or local

law. Donor neither assumes nor authorize any person to assume on their behalf any liability in

connection with the use or reuse of the Goods.

SHIPPING OR TRANSPORTING. Recipient shall be responsible for the cost of shipping or

transporting the Goods from Donor’s designated pick-up site, and Recipient assumes all

responsibility for any injury or property damage arising during the shipping or transporting of the

Goods.

*Sample agreement. Revise based on individual needs.

Food Donation Agreement

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