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[Use of Merritt Chest Clip Guard with Evenflo Child Seats]
THIS IS A RELEASE OF LEGAL RIGHTS.
READ AND UNDERSTAND BEFORE SIGNING.
BACKGROUND and DISCLOSURE
You, or a physician, child passenger safety technician (CPST) or other professional acting on your behalf, have consulted with Evenflo Company, Inc. (“Evenflo”) and requested input regarding issues you have experienced with your child disengaging his or herself from the harness of a child car seat. This presents a safety risk for the child. A child who disengages from the harness will not be properly restrained in the event of a crash, presenting a risk of severe injury.
Evenflo car seats are designed, tested, and manufactured to meet specific legal, regulatory and internal standards. Introducing modifications, components or accessories designed by third parties may introduce or increase a safety risk. Even modifications, components or accessories which are beneficial in specific circumstances, or overall, may present incremental risk in particular situations. There is always a trade-off. Use of an Evenflo car seat, or any car seat, with or without supplemental equipment or other modifications, cannot eliminate all risks, dangers, and hazards presenting a risk of injury to your child.
One possible measure to address a child prone to extract him or herself from a car seat harness is the Merritt Chest Clip Guard. Evenflo did not design and does not manufacture, sell, warrant, or derive any profit from the sale of the Merritt Chest Clip Guard. The Merritt Chest Clip Guard, properly utilized, may have safety benefits for a child with a propensity to extract him or herself from a child seat. As with any product, there are risks and tradeoffs. In the case of the Merritt Chest Clip Guard, these include, without limitation:
· The Merritt Chest Clip Guard could make it more difficult to quickly extract a child from a vehicle after crash (particularly for a first responder unfamiliar with its operation).
· The Merritt Chest Clip Guard inhibits a child from releasing the chest clip, but not other elements of the harness, including the buckle. Children have been strangled in loose or partially buckled harness straps.
· The Merritt Chest Clip Guard may interact in other unforeseen ways with other elements of child restraint systems in specific scenarios.
If you elect to use Merritt Chest Clip Guard with an Evenflo car seat, you voluntarily assume full responsibility for any risk of loss or personal injury, including serious injury and death, that a child may sustain resulting from such use.
RELEASE
In consideration of Evenflo’s assistance, if I elect to use the Merritt Chest Clip Guard in connection with an Evenflo product, I voluntarily assume full responsibility for any risk of loss or personal injury, including serious injury and death, that a child may sustain relating to such use. For the good and valuable consideration provided by Evenflo, I hereby, on behalf of myself and my child
1. REPRESENT and CERTIFY that that I am the adult parent or guardian of the child named below, a minor child under the age of eighteen years, and execute this document on behalf of both myself and my child. I have carefully reviewed this document and the information contained in the Merritt Chest Clip Guard FAQs. I acknowledge and fully understand that the use of third party supplied accessories, including the Merritt Chest Clip Guard, in connection with an Evenflo product, involves risk of injury, including serious and/or permanent physical injuries and death, which might result not only from my own actions, inactions or negligence, but also the actions, inactions or negligence of others, Evenflo, its officers, servants, agents, employees and volunteers.
2. WAIVE, RELEASE, FOREVER DISCHARGE AND COVENANT NOT TO SUE Evenflo and all of its officers, directors, agents, servants, employees, representatives, independent contractors, volunteers, affiliates, parent companies, successors and assigns (collectively, the \"Evenflo Released Parties\") from any and all claims, causes of action, demands, damages, liabilities, expenses, suits, actions and/or judgments whatsoever that may arise out of or in connection with the child’s use of an Evenflo Car Seat relating to the Merritt Chest Clip Guard. This includes, without limitation, all claims for personal or bodily injuries, death, or property damage, except to the extent caused by the Evenflo's gross negligence or intentional misconduct.
3. AGREE TO DEFEND, HOLD HARMLESS AND INDEMNIFY the Evenflo Released Parties from all claims, demands, causes of action, damages, liabilities, expenses (including, without limitation, any attorney's fees and costs), suits, actions and/or judgments made or brought by any party that may arise out of or in connection with the child’s use of an Evenflo Car Seat relating to the Merritt Chest Clip Guard. This includes, without limitation, all claims for personal or bodily injuries, death, or property damage, except to the extent caused by Evenflo's gross negligence or intentional misconduct.
IN SIGNING THIS LIABILITY WAIVER, I FURTHER ACKNOWLEDGE AND REPRESENT THAT:
I am at least eighteen years of age, fully competent, and have carefully read and freely signed this Acknowledgment, Waiver and Release. No oral representations, statements, or inducements, apart from those contained in this document, have been made to me regarding its subject matter. I further agree that this document shall be construed in accordance with the laws of the State of Ohio and that if any part of this release is determined to be illegal, unenforceable or in conflict with any law governing this Acknowledgment, Waiver and Release, the validity of the remaining portions shall not be affected. As parent or guardian of the below noted participant, on behalf of myself and said participant, I acknowledge that I have read this agreement, that I have executed this agreement voluntarily, and that this agreement is to be binding upon myself, my heirs, executors, administrators, and representatives in the event of my death or incapacity.