Background
Quench USA, Inc. (“Quench”) provides water coolers and related equipment to [{customerFull}] (“Customer”) at one or more Customer locations pursuant to an existing agreement between the parties (the “Agreement”). Customer acknowledges that the water cooler(s) provided under the Agreement were originally purchased and contracted for with the hot water functionality disabled. In connection with Quench’s ongoing internal review to ensure equipment functionality aligns with the original contracted configuration, Customer has been advised that the hot water functionality is scheduled to be deactivated. Customer has been informed of Quench’s recommendation that the hot water functionality remain disabled. For good and valuable consideration, the parties agree as follows:

Acknowledgment of Recommendation and Assumption of Risk
Customer acknowledges and agrees that:

1. The water cooler(s) were originally intended to be configured with the hot water functionality disabled.

2. Quench has specifically recommended disabling the hot water functionality due to the risks associated with hot water use at Customer’s location.

3. Customer acknowledges that any continued availability of the hot water functionality is at Customer’s specific request notwithstanding the original configuration and Quench’s recommendation.

4. Customer has, at this time and in lieu of deactivation, knowingly and voluntarily requested that the hot water functionality remain active, fully understanding the risks of injury, including but not limited to burns, scalding, or other harm.

5. Customer assumes all risks, known and unknown, arising out of or related to the operation, availability, and use of the hot water feature.

6. Customer further acknowledges that its election to retain the hot water functionality constitutes a deviation from the original contracted configuration made for Customer’s convenience and at Customer’s direction.

Release of Liability
To the fullest extent permitted by law, Customer expressly waives, releases, and forever discharges Quench, its parents, affiliates, predecessors, successors, and assigns, and each of their respective past, present, and future officers, directors, employees, agents, and representatives (collectively, the “Releasees”), from and against all known and unknown charges, complaints, claims, demands, damages, costs (including but not limited to court costs and attorneys’ fees), liabilities, obligations, promises, agreements, suits, actions and causes of action from damages whatsoever and whosoever arising, including but not limited to, the injury, illness, disease, and/or death of any person, or loss or damage of property, arising out of or alleged to have arisen out of the presence, operation, or use of the hot water functionality.

Limitation of Liability

In no event shall Quench or its Releasees be liable to Customer or any of its vendors or any third party for any consequential, indirect, incidental, special, or punitive damages (including lost profits, lost sales, or loss of goodwill) arising out of the operation, availability, and use of the hot water feature.

 

Indemnification
Customer agrees to defend, indemnify, and hold harmless the Releasees from and against any and all claims arising out of or related to the use or availability of the hot water feature, including claims by Customer’s employees, residents, patrons, visitors, or other third parties.

Change in Instruction; No Liability for Delay
If Customer later elects to deactivate the hot water functionality, Customer shall promptly notify Quench in writing. Upon receipt of such notice, Quench will coordinate with Customer to perform the deactivation. Customer acknowledges that Quench shall have no liability for any injury, damage, or loss occurring during any delay or time lapse between notice of this requested change and completion of the work.

Acknowledgment and Authority
Customer acknowledges that it has reviewed and understands this Release of Liability and enters into it voluntarily. Each party represents that the individual signing below is authorized to execute this Release of Liability and bind the applicable party.