Liability Release Form
WHEREAS, the Brazos Valley Food Bank (hereinafter referred to as BVFB) has offered to provide and supply certain foodstuffs and related
items, as available, to _______________________________, a 501(c)(3) charity, hereinafter, referred to as “Donee: and,
WHEREAS, Donee has warranted to BVFB that all items received will be duly inspected by a qualified member of their staff and determined
by them to be “apparently wholesome” as that term is hereinafter defined and found fit for human consumption, or they will not be accepted.
THEREFORE, Donee hereby warrants, represents, guarantees and promises to BVFB as follows:
1)
That it is a non-profit organization and has been awarded the status of 501(c)(3) by the Internal Revenue Service.
That Donee will distribute food that is “apparently wholesome” and will not distribute any food to any person which is not “apparently
2)
wholesome” or allow any person to consume any food that is not “apparently wholesome”. “Apparently wholesome” is hereinafter defined
as meeting all quality standards of local, county, state and federal agriculture and health laws and rules, even though the food is not readily
marketable due to appearance, age, freshness, grade, size, surplus or other conditions, but does not include canned goods that are leaking,
swollen, dented on a seam or no longer airtight.
That it will not accept from BVFB any food that is not “apparently wholesome”.
3)
4)
That BVFB and the primary donor have specifically disclaimed any warranties or representation, express or implied, as to the purity or
fitness of consumption of any or all such donated items.
That all items accepted are accepted in “as is” condition.
5)
6)
That Donee will utilize employees or volunteers having sufficient training experience and expertise in the evaluation, handling
preparation, and feeding of donated items to safely and properly judge, handle, prepare and feed them.
7)
That Donee, because of this qualification of its personnel, as above specified, hereby accepts full responsibility for the purity and fitness
for human consumption of any and all items accepted.
8)
That Donee will serve the product as soon as possible, to provide maximum palatability and freshness.
9)
That Donee hereby warrants and guarantees to BVFB and to the primary donor that is will hold them harmless from any and all
liabilities, claims, losses, causes of action, suits of law or in equity, or any obligation whatsoever arising out of or attributed to any
action by Donee in connection with its storage and/or use of the items supplied to it by BVFB, even though caused by the sole or
concurrent negligence of Donee or BVFB.
10)
That the Donee will use the items only in a use related to its exempt purpose and solely for the feeding of the ill, the needy or infants.
11)
That Donee will neither offer for sale, sell, transfer nor barter the items supplied by BVFB in exchange for money, other properties or
services.
12)
Donee agrees to meet requirements of BVFB Agency Agreement.
The undersigned hereby warrants that he/she is a legally-warranted and authorized agent of Donee, whose name appears below, and by his/her
legal signature does hereby bind it to the terms, condition and limitations of this document of release.
Dated: _________________________________________________
Signed: _________________________________________________
______________________________
Name of legally-authorized agent
Title
_________________________________________________
_______________________________
Name of Donee Organization
Address of Donee
Rev. 9/06