Release of Liability for Donated Equipment


Talk With Me Tennessee (“TWMT”) is a nonprofit corporation with the purpose of donating low technology alternative and augmentative communication devices. From time to time, TWMT may provide communication devices and other equipment to credentialed providers or other members of the community free of charge.

By submitting this request for a communication device, you agree as follows:

  1. Donated Equipment. TWMT may agree to donate to you a certain communication device(s)(the “Donated Equipment”): (a) for end use by a patient of your “Patient” as set forth in your application; (b) to the extent that your application is accepted by TWMT (which you acknowledge and agree it is under no obligation to accept); and (c) subject to equipment availability. 


  1. Condition “As Is.” TWMT is not making any representations, warranties, or guarantees about the Donated Equipment, including any implied warranties of merchantability and/or fitness for any purpose. You are accepting the Donated Equipment “as is.” I understand that TWMT will not provide any instructions or follow-up services, replacement parts, or repairs.


  1. Use of Donated Equipment; Suitability for Patients: By providing the Donated Equipment to you (including for end use by any Patient of yours) you agree that TWMT is not giving medical advice, or making any other recommendations, representations, or warranties regarding the suitability of Donated Equipment for Patient care or other medical use. You acknowledge that you are responsible for making any and all recommendations and giving any medical advice to any Patient of yours relating to use of the Donated Equipment (“Medical Advice”). You represent and warrant that you have the necessary training, skill, and licensure required to give Medical Advice to your Patient. 


  1. Assumption of Risk. You understand that there are certain risks that may arise from the possession, use or misuse of the Donated Equipment, including the risk of injury, disability, or death of my child or other persons, or damage to property. You assume full responsibility for all risks arising directly or indirectly from your, or your Patient’s possession, use or misuse of the Donated Equipment, both known and unknown, regardless of the cause, including with respect to any Medical Advice you provide relating to the Donated Equipment. 


  1. Waiver and Release. You waive and release, on behalf of yourself and any organization or entity of which you are a part or through which you request Donated Equipment, any and all claims against TWMT, its officers, agents, volunteers and employees (collectively, “TWMT Parties”) with respect to any and all injury, disability, death, loss or other liability resulting from possession, use or misuse of the Donated Equipment, regardless of the cause and even if caused by negligence, whether passive or active. You acknowledge and agree that the foregoing waiver and release applies even to the extent that the Donated Equipment provided by TWMT or the TWMT Parties is based on information provided in your application related to your Patient. If you are providing the foregoing waiver and release on behalf of any entity or organization, you represent and warrant that you have sufficient authority to provide such waiver and release on behalf of such entity or organization. You agree not to sue any of the TWMT Parties on the basis of these waived and released claims. You further agree to waive the protections of any applicable law providing that a general release does not extend to certain claims not known to you at the time you provide such release. 


  1. Indemnity. You agree to defend, indemnify and hold the TWMT Parties harmless from and against any and all liability, loss, damages, claims and attorney’s fees that may be alleged against or suffered by any TWMT Party resulting directly or indirectly from the possession, use or misuse of the Donated Equipment, including with respect to any Medical Advice, by you or any other person. You agree that this obligation to defend and indemnity TWMT Parties includes any and all claims brought by your Patient against a TWMT Party. You represent and warrant that you carry, and will continue to carry so long as the Donated Equipment is used by a Patient, insurance coverage sufficient to enable you to meet your obligations under this Section 6. 


  1. Equipment Only. You understand that the Donated Equipment may have existing faults and software or hardware limitations. You understand that TWMT is not responsible for providing any support or additional equipment once you have received the Donated Equipment, or for providing medical advice relating to the use of the Donated Equipment. You will not hold TWMT responsible for any failure of the Donated Equipment. 


Enforceability. You have read and understand the terms of this Release of Liability. You understand that this agreement covers each and every item of Donated Equipment which you may receive. You agree that providing your application for review by TWMT constitutes sufficient consideration to render this Release of Liability enforceable by TWMT and you.