You acknowledge that you understand that Northern Virginia Community College, NOVA SySTEMic and NOVA Fab-Lab ("NOVA") is acting as a good samaritan and an independent volunteer providing dissemination of 3D designs for the manufacture of face shields.  We do not certify that the design or components operate properly or satisfy any regulatory requirements. This Release, Waiver of Liability, Defense, Indemnification and Hold Harmless Agreement (“Agreement”) is meant to reflect the fact that NOVA offers the designs as an experimental device, free of charge and without warranty. The person signing below (“You”) is either the individual recipient of the design if the individual recipient is an adult under the laws of the relevant jurisdiction OR the parent or legal guardian of the child if the individual recipient is a child under the laws of the relevant jurisdiction.

 

You agree that the free designs are provided “AS IS” and without representations or warranties of any kind, express or implied, and is intended to be a gift. By accepting the design, you further acknowledge that such design has not been evaluated or approved by any regulatory authority. 

 

You understand that the designs are meant to benefit society, and are not intended, and shall not be used, for commercial use. If You are an adult under the laws of the relevant jurisdiction and are the individual recipient, you acknowledge that You understand the potential risks of the use of the design and expressly assume such risks. If the individual recipient is a child under the laws of the relevant jurisdiction, You represent that You are the parent or legal guardian of the child and that You understand the potential risks of the use of the design and expressly assume such risks on behalf of the individual recipient.

 

Furthermore, You (either for yourself or your child) release and forever discharge NOVA from any and all liability for acts or omissions— including negligent acts or omissions—causing damage, loss, injury, or death to the individual recipient or others from the use of the designs. You agree to defend, indemnify and hold NOVA harmless from any and all liability or loss—including liability for negligence—arising in conjunction with or resulting from the individual recipient’s use of the design (including all attorney’s fees and expenses incurred by NOVA).

 

You further understand and agree that NOVA shall not be liable for any injuries or damages, including any consequential, incidental, indirect, punitive or special damages, resulting from or arising out of the use of the designs.

 

Any information provided by NOVA is not intended to be relied upon to protect from, diagnose or treat a health problem or disease, and NOVA makes no claims regarding the design or the components. You should consider consultation with a qualified health care provider prior to providing face shields manufactured pursuant to the design.  

 

By accessing the designs, You acknowledge that You have carefully read the foregoing provisions, understand their contents, and agree with and to each and every provision herein.