Free Legal Disclaimer for COVID19 Open-Source Creators and Makers

We are inspired by the efforts of the maker and “hacker” community in the efforts to create open-source Personal Protective Equipment (PPE) during the COVID19 pandemic.

Most of these creators are young people with abilities in laser cutting and 3D printing devices at home who are turning their apartments and homes into small PPE production lines.

In an effort to help them provide this emergency manufacturing with some legal tools, we are sharing a release that can be copy-pasted and distributed.

You can send electronically this release to the entities you are donating maker PPE and just ask for an electronic acceptance.

DISCLAIMER: This material is only a suggestion and does not constitute legal advice, nor it establishes an attorney-client relationship. Always consult with an attorney.

By accepting the donation, Recipient understands that the product has been manufactured to satisfy emergency needs and agrees to the following conditions of use. You agree that satisfactory consideration has been exchanged between Producer and Recipient. 

The product is provided as-is. No warranties, expressed or implied, including the warranty of merchantability or fitness of use is made by anybody to recipient or future users. The provider makes no representations or warranties in relation to the suitability for a specific function, including, but not limited, to personal, health protection from infections, airborne or transmitted otherwise, specifically, but not limited to respiratory germs such as those that transmit COVID19, SARS (in all its strains), FLU like virus and others. 

Recipient agrees and understand that the product was manufactured to fill an emergency need, it is not designed to meet any regulatory agency such as FDA in the USA design guidelines, it is not manufactured in any regulatory approved environment, materials do not meet any medical grade requirements and manufacturing personnel is not certified by any agency to work in manufacturing of medical grade devices, equipment or personal protective equipment. 

You and any end user agree to hold harmless and indemnify, defend, Provider, licensees, successors and assigns (collectively, “Indemnified Parties”) from and against any and all damages, liabilities, losses, deficiencies, judgments, settlements, interest, awards, penalties, fines, costs or expenses (including legal costs and attorneys’ fees) (collectively, “Losses”) arising out of or connected to any claim, suit, demand, action or proceeding in any way related to the use of the provided product (each, a “Claim”). 

You agree that at no moment any damages arising from the use of the product shall exceed one USA dollar ($1.00) for all damages suffered by Recipient or end users in the aggregate for all units received by Recipient, regardless of unit quantity. 

By taking delivery of the product you agree you are the end user or you will communicate this disclaimer to the end user and that they will be bound by this agreement before you deliver any product to them. You agree not to deliver any product to anybody who is not bound by this agreement. 

Date: ______ of _____ of 202___ Recipient: ________________________ 

Final destination (hospital, school, hospice, etc.): __________________________

Attorney Marcos E. Garciaacosta is a business, intellectual property and immigration attorney in the Phoenix metro area who works with individuals and companies all over the world in wealth creation and preservation. Call us for a free consultation at (480) 324-6378

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