RELEASE FOR AND IN CONSIDERATION of WEST COAST TURF (“WCT”) assisting in the loading of WCT products in the Purchaser’s vehicle (“Vehicle”), the Purchaser on behalf of myself, my heirs, relatives, successors, affiliates, administrators, executors, representatives and/or assigns, and each of them, being of lawful age, sound mind and body, do hereby release, acquit and forever discharge WCT and each of its respective subsidiaries and affiliates, agents or partners, joint ventures, servants, employees, directors, officers and attorneys, past and present, successors, heirs, executors, administrators, assigns, transferees, co-owners and predecessors-in-interest, and each of them from any and all claims, demands, damages, costs, wages, commissions, compensation, injuries, emotional distress, liabilities, obligations, expenditures, rights to arbitration, attorneys’ fees and causes of action of whatever kind or nature, whether known or unknown, suspected or unsuspected, which I may now own or hold, or have at any time heretofore owned or held against WCT, arising out of, or in connection with any action undertaken by WCT to assist the Purchaser in the loading of WCT products in the Purchaser’s vehicle.
Purchaser further expressly acknowledges and releases WCT from any liability of any kind or nature, known and/or unknown, arising from and/or relating to the loading of any WCT products in and/or on the Vehicle of the Purchaser. The Purchaser further acknowledges that WCT makes no warranties, express or implied, regarding the manner in which WCT loads WCT products in and/or on the Vehicle of the Purchaser and it is expressly agreed that there are no implied warranties of merchantability or that the loading is suitable for any particular purpose.
WCT is not responsible for installation, labor, standby time pending delivery, or damage to the product after delivery. This sale is made on an “as is basis” without warranties, express or implied. Purchaser is solely responsible for all installation and maintenance requirements. WCT will attempt to place sod where designated at job site, but it will have no responsibility for damage of any nature to property inside the curb or property line, or to product after delivery. WCT’s liability with respect to claims of any kind for all losses or damages arising out of, and/or related to goods sold or services provided under this order, or any amendment thereto, shall in no case exceed the price paid to WCT for the goods or services giving rise to such claims. IN no event shall WCT be liable for special, incidental, consequential, or exemplary damages, and Purchaser indemnifies WCT against any such claims.
The Purchaser further hereby agrees to indemnify, defend and hold harmless WCT, as well as all their respective members, officers, directors, employees, subcontractors, independent contractors, agents and all other persons associated in any other way with the WCT whether as the Purchaser or otherwise, from liability for any and all suits, claims and damages for death, personal injury or property damage which Purchaser now has, or which hereafter may accrue to the Purchaser, whether known, unknown, foreseen, unforeseen, future, or contingent, which arise out of or result from WCT assisting the Purchaser in the loading of WCT products in the Purchaser’s vehicle.
The terms of this Release are intended by the Purchaser as a final expression of his release of WCT and this Release.
The Purchaser further intends that this Release constitutes a complete and exclusive statement of its terms and that no extrinsic evidence whatsoever may be introduced in any judicial or other proceedings, if any, involving this Release. The Purchaser acknowledges that no other party has made any promise, representations, or warranty whatsoever, expressed, or implied, written or oral, not contained herein concerning the subject matter hereof, and the Purchaser acknowledges that he/she has not executed this instrument in reliance of any promise or representation or warranty whatsoever, expressed or implied, written or oral, not contained herein concerning the subject matter hereof.
Neither this Release, nor any term or provision thereof, may be waived, modified, or amended except by written agreement signed by the Purchaser and WCT.
This Release shall be construed without regard to the drafter of same and shall be construed as though the Purchaser participated equally in the drafting of this Release.
The Purchaser is familiar with the provisions of the California Civil Code § 1542 or applicable state laws which provides as follows: “A general release does not extend to the claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.”
With respect to the matters set forth herein and subject to the terms of this Release, the Purchaser expressly waives and relinquishes any right or benefit which he/she now has, or may in the future have, under California Civil Code § 1542 or applicable state laws. In connection with such waiver and relinquishment, he/she acknowledges that they are aware that their attorneys or agents may hereafter discover claims or facts in addition to or different from those which now exist with respect to such matters, but it is the intention of the Purchaser to hereby fully, finally and forever settle and release all of the released matters, disputes and differences, known or unknown, suspected or unsuspected, which do exist, or may exist, or heretofore have existed between the Purchaser and the Parties arising out of such matter. In furtherance of each intention, the releases given shall be and remain as full and complete releases notwithstanding the discovery or existence of any additional or different claims or facts. The Purchaser understands and acknowledges the significance and consequence of the specific waiver of California Civil Code § 1542 and/or applicable state laws.