WARNING AND DISCLAIMER FOR DEMONSTATION AND USE OF POWER TOOLS AND MACHINERY
[MILWAUKEE® Distributor Conference] [Barcelona] [February 2023]
This document governs your rights and obligations in respect of your observation of tool/machinery demonstrations and use of tool/machinery for training purposes (collectively hereafter called “the activity”), as organised by Milwaukee Tool (“TTI”). It is important that you read this document carefully as it contains important information about the basis upon which the activity is being undertaken and your associated assumption of risk. It is a pre-requisite to the undertaking of the activity that you read and sign this document which relates specifically to risks associated with the activity.
1. Your Acknowledgment and Consent in relation to the Activity
1.1. I wish to participate in the activity as organised by TTI.
1.2. I agree that I will carry out the activity in accordance with the specific safety instructions that I have received before undertaking the activity.
1.3. I agree to wear any safety equipment provided by the TTI representative in accordance with the safety instructions given.
1.4. I acknowledge that some of the power tools or machinery available during the activity may be marked as confidential or bearing the no-photography symbol. As such, I am required to maintain the confidentiality of such products and I acknowledge that any photography or recording of such products is prohibited and I shall not to disclose, publish or disseminate such confidential information to any third party including but not limited to any trade or consumer press, social media (e.g., Facebook, Twitter, LinkedIn, YouTube, Instagram, etc.), electronic publication (e.g., blogs, websites), news agency or any competitor of TTI.
1.5. I confirm that to the best of my knowledge I am in good physical and mental condition and have no medical impairment that might prevent me from safely carrying out the activity. I confirm that I am not intoxicated or under the influence of any substances/medication.
1.6. I acknowledge that TTI did not give me medical advice relating to my physical condition and my ability to use the tools/machinery safely.
1.7. I acknowledge that using power tools & machinery is potentially dangerous and that by participating in demonstrations and using the tools/machinery I may be exposing myself to the possibility of personal injury.
1.8. I accept the risk of personal injury I am exposed to whilst observing the tool/machinery demonstration, and using the tools/machinery.
1.9. I acknowledge that TTI will not accept any responsibility for any loss, whether financial or otherwise, including (without limitation) relating to personal injury arising out of or in connection with my failure to comply with the safety instructions of TTI employees, or the failure to wear Personal Protective Equipment as directed.
1.10. I hereby indemnify TTI against any and all liabilities (whether in damages, interest, costs or otherwise and whether payable pursuant to a settlement or final judgment) and / or costs (calculated on a full indemnity basis) of TTI arising out of or in connection with any claim or claims made by me or any other person on my behalf arising out of or in connection with my failure to comply with the safety instructions of TTI employees, or the failure to wear Personal Protective Equipment as directed.
1.11. I acknowledge that nothing in this disclaimer shall be taken to exclude or restrict any liability of TTI for death or personal injury resulting from negligence on the part of TTI.
1.12. I acknowledge that if any provision or part-provision of this disclaimer is or becomes invalid, illegal or unenforceable, it shall be deemed modified to the minimum extent necessary to make it valid, legal and enforceable, and that if such modification is not possible, the relevant provision or part-provision shall be deemed deleted. I acknowledge that any modification to or deletion of a provision or part-provision under this clause shall not affect the validity and enforceability of the rest of this disclaimer.
1.13. I acknowledge that every provision of this disclaimer shall be effective irrespective of any negligent act, fault, or breach on the part of TTI.
1.14. I acknowledge that this disclaimer is given under and subject to English law and the jurisdiction of the English Courts.