Assumption of Risk and Waiver of Liability: I understand that Harvest Tyme is registered in the state of Alabama as a nonprofit and may receive, (“HT”) may receive, donated and/or discounted food items from corporate donors who have represented to HT that the food items are shelf-stable and suitable for human consumption. HT participates in the distribution of these food items as a part of its charitable mission. In consideration of the above and as a condition precedent to the processing of any order for food items by HT, I/we assume all risks associated with the food products ordered from HT (which may include items containing expired “serve by” dates), including all matters of human health and safety associated therewith.

Therefore, I/we do hereby fully and finally release, waive, discharge, and covenant not to sue Harvest Tyme Food Ministry and/or its food suppliers and distributors, and their respective Trustees, Coordinators, Drop sites, Affiliates, Partners, officers, directors, employees, volunteers, distributors, representatives, agents, successors, and assigns (“RELEASEES”) from any and all liability of any kind whatsoever arising from any and all claims, including but not limited to, the alleged negligence of Harvest Tyme Food Ministry and/or any of the RELEASEES relating to the distribution of the donated and/or discounted food items and the consumption of food products provided by Harvest Tyme Food Ministry and/or any of the RELEASEES that may be alleged to have resulted in personal injury, accident, or illness, including death and property loss of any kind whatsoever.

Indemnification and Hold Harmless: I/we do hereby agree to DEFEND, INDEMNIFY, and HOLD HARMLESS Harvest Tyme Food Ministry, Drop sites, Coordinators, Board members, partners, affiliates, and/or each of the RELEASEES from any and all claims, demands, actions, suits, procedures, losses, costs, expenses, damages, and/or liabilities, including attorney’s fees and costs of litigation, arising from or relating to the distribution of the donated and/or discounted food items and the consumption of food products provided by Harvest Tyme Food Ministry and/or any of the RELEASEES that may be alleged to have resulted in personal injury, accident, or illness, including death and property loss of any kind whatsoever. I/we will immediately upon demand reimburse HT for any and all such expenses incurred.

Severability: The undersigned further expressly agrees that the foregoing provisions are intended to be as broad and inclusive as permitted by the laws of the State of Alabama (and the state of Harvest Tyme Food Ministry, Coordinators, Drop Sites, Affiliates, Partners, Volunteers, and my residence). If any portion thereof is held invalid, it is agreed that the balance shall, notwithstanding, continue in full legal force and effect.

Acknowledgment of Understanding: I/we have read the foregoing provisions regarding the waiver of all liability, assumption of risks, and indemnification and hold harmless agreements. I/we fully understand each of the terms, recognizing that I/we am/are giving up substantial rights, including any and all rights to sue or pursue legal remedies. I/we do hereby sign this agreement freely and voluntarily, intending that my signature hereto shall be a complete and unconditional release of all liability as relates to the food items ordered and this Agreement to the greatest extent allowed by applicable law.