NOTICE OF LIMITATION OF LIABILITY FOR GRATUITOUSLY PROVIDED EMERGENCY EQUIPMENT, DEVICE, OR PRODUCT INCLUDING HOMEMADE PPE
El Paso Fighting COVID is operating under a federal and state declared emergency concerning the COVID-19 pandemic, and is providing, free of charge, certain equipment, devices, products, or Personal Protective Equipment (“PPE”), on an emergency basis, to healthcare providers and at-risk individuals in an effort to better protect public health and safety.
This Notice of Limitation of Liability refers specifically to the PPE it accompanies.
This equipment, device, or product is being provided only because there is a well-publicized and documented lack of necessary equipment, devices, or products, including Personal Protective Equipment (“PPE”) as a result of the demands placed on, without limitation, the government, healthcare facilities, healthcare providers, manufacturers, and supply chains during this emergency. This equipment, device, or product is being provided to you at your request, and, in making that request, you are assuming full responsibility for all foreseeable and any unforeseen consequences that may result from the use of this equipment, device, or product. THIS EQUIPMENT, DEVICE, OR PRODUCT HAS BEEN PROVIDED IN GOOD FAITH IN AN EMERGENCY and subject to any protections provided by Title 4, Chapter 74, sub–chapter A of the Texas Civil Practice and Remedies Code, for persons employed in professions designated by the State as “essential,” persons providing emergency care, and individuals who are at increased risk of infection and/or serious complications from COVID-19.
YOU ARE NOTIFIED THAT THE EQUIPMENT, DEVICE, OR PRODUCT MAY NOT ACTUALLY PROVIDE THE PROTECTION THAT COULD BE EXPECTED FROM STANDARD PPE that was not being improvised in an emergency.
No representation or warranty is made that any equipment, device, or product that is received from El Paso Fighting COVID will operate sufficiently for your needs, nor that it meets any health or safety standard, nor any other standard that might otherwise be required by law, nor is there any representation that the same can or will protect anyone from exposure to or infection of self or others by any virus, bacteria, disease, infectious agent, or other condition, INCLUDING COVID-19.
If the equipment, device, or product that you have requested includes any homemade face masks or 3D printed face shields made during the course of this emergency, you acknowledge that you are aware and that you have made any of your officers, administrators, healthcare professionals, and employees aware of the CDC’s guidance regarding the use of homemade masks by healthcare professionals: “In settings where facemasks are not available, HCP might use homemade masks (e.g., bandana, scarf) for care of patients with COVID-19 as a last resort. However, homemade masks are not considered PPE, since their capability to protect HCP is unknown. Caution should be exercised when considering this option. Homemade masks should ideally be used in combination with a face shield that covers the entire front (that extends to the chin or below) and sides of the face.”
This limitation of liability and its terms are to be liberally construed to the fullest extent allowed by law, to provide that El Paso Fighting COVID and its principals, agents, volunteers, contractors, and / or employees, shall not be liable to any person or entity for any direct or indirect damages, including punitive damages, whatsoever, in tort, contract, or warranty (implied or express). THE IMPLIED WARRANTY OF MERCHANTABILITY AND IMPLIED WARRANTY OF FITNESS ARE EXPRESSLY EXCLUDED. ALL EQUIPMENT, DEVICES, OR PRODUCTS ARE DELIVERED “AS IS” AND “WITH ALL FAULTS.”
By accepting any emergency equipment, devices, or products from El Paso Fighting COVID, you warrant that you will notify all employees, contractors, or healthcare providers, and any other individuals using any emergency equipment, devices, or products of this limitation and that each recipient of any such emergency equipment, devices, or products will be provided with a copy of this notice of limitation of liability along with any item of such equipment, device, or product.
For use with PPE distributions:
Recipient’s signature: ________________________________________