Playhouse program

You will be responsible for transport within 30 days of the playhouse build. The playhouse can be disassembled for transporting to your home or can be easily loaded into the bed of a pickup truck as a whole. You will receive assembly instructions and hardware.

BY CONSENTING TO THIS AGREEMENT YOU WAIVE YOUR RIGHTS TO RECOVER DAMAGES THAT YOU MAY OTHERWISE HAVE HAD IF YOU DID NOT SIGN THIS RELEASE. PLEASE READ CAREFULLY!
In consideration for Habitat working with sponsors and volunteers to build a playhouse for the express purpose of donation to Recipient, for use by Recipient’s child or children, not for the general public or for sale or distribution into the ordinary stream of commerce, Recipient hereby freely, voluntarily, and without duress executes this Release and Waiver of Liability (the “Release”) under the following terms and conditions:
1. RELEASE AND WAIVER OF CLAIMS: RECIPIENT, ON BEHALF OF RECIPIENT AND RECIPIENT’S MINOR CHILDREN, DOES HEREBY RELEASE AND FOREVER DISCHARGE, HOLD HARMLESS AND INDEMNIFY HABITAT FOR HUMANITY INTERNATIONAL, INC., A NONPROFIT CORPORATION, HOUSTON HABITAT FOR HUMANITY, INC., A TEXAS NONPROFIT CORPORATION, ANY SPONSOR OR VOLUNTEER WHO UNDERWRITES OR IS OTHERWISE INVOLVED IN THE BUILDING OF THE PLAYHOUSE, AND THEIR DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SUCCESSORS AND ASSIGNS (COLLECTIVELY, “HABITAT”) FROM ANY AND ALL LIABILITY, CLAIMS, LAWSUITS AND DEMANDS OF WHATEVER KIND OR NATURE, EITHER IN LAW OR IN EQUITY, WHICH MAY ARISE FROM THE RECIPIENT’S RECEIPT OR USE OF THE PLAYHOUSE, WHETHER CAUSED BY THE NEGLIGENCE OF HABITAT OR OTHERWISE AND/OR FOR (A) PROPERTY DAMAGE OR BODILY OR PERSONAL INJURY, ILLNESS OR DEATH SUFFERED BY AN ADULT OR CHILD; (B) ANY RESPONSIBILITY OR OBLIGATION TO PROVIDE FINANCIAL OR OTHER ASSISTANCE; (C) ANY STRICT PRODUCTS LIABILITY FOR ANY DEFECT OR FAILURE OF ANY PLAYHOUSE; (D) ANY EXPRESS OR IMPLIED WARRANTIES OF FITNESS OF ANY PLAYHOUSE FOR ANY USE OR PURPOSE; AND/OR (E) ANY INJURY, DEATH, DAMAGES OR LOSSES ARISING FROM RECIPIENT’S ASSEMBLY OR MODIFICATION OF THE STRUCTURE OR COMPONENTS OF THE PLAYHOUSE.

2. PHOTOGRAPHIC RELEASE: Recipient hereby grants and conveys to Habitat on behalf of Recipient and Recipient’s entire family, all right, title and interest in any and all photographs and video or audio recordings of or including images or voice, made prior, during, or after the receipt of the playhouse, including, but not limited to, the permission to record, edit, transcribe, use, duplicate, modify, distribute, and/or publicly exhibit the presentation or appearance, and use of name, likeness, voice and biographical information in connection with the foregoing, in any and all media now existing or hereafter developed, throughout the world, in perpetuity, without restrictions or limitation, including the right to use such photographs or recordings for any purpose and to any royalties, proceeds or other benefits derived from them.

3. RECIPIENT’S OBLIGATIONS:
a. Recipient understands and willingly and knowingly accepts and assumes all risk that a child or adult may suffer injury, death, damages or loss in the course of using a playhouse and agrees to indemnify and hold Habitat harmless from any and all claims, whether alleged to be caused by the negligence of Habitat or otherwise.
b. If Recipient is a business entity, Recipient agrees to maintain liability insurance at all times while Recipient possesses the playhouse(s), and to inform its insurer that coverage is requested for activities in connection with use of the playhouse(s).
c. Recipient agrees to inspect the fully assembled playhouse or if not fully assembled, its components, including the connections, nails and screws, and by accepting the playhouse, acknowledges that it is safe and reasonably suited for the purposes for which Recipient will use it. If not fully assembled, Recipient agrees to follow the assembly instructions provided by Habitat and to use due care in the assembly of the playhouse.
d. Recipient understands that each playhouse is composed of a painted wood structure and various connecting components and that such components, including the roof and walls, can become loose or dislodged over time. Recipient therefore agrees to regularly inspect the playhouse and to maintain all components in good order and repair at all times.
e. Recipient agrees to ensure that the playhouse is placed and is used upon on a secure and stable surface at all times.
f. Recipient agrees not to modify the structure or components of any playhouse and incurs and accepts all responsibility and liability for any consequence of such modifications including injury, death, damage or other losses.

4. OTHER: Recipient has read and is voluntarily signing this Release, which is intended to be as broad and inclusive as permitted by the law of the State of Texas. Recipient acknowledges that no other oral representations, statements, or inducements have been made. If any portion of this Release is deemed invalid, that portion shall be stricken and the remainder shall remain in force.