WHEREAS, Sheriff is undertaking a program for its trained deputies to perform search and rescue using electronic signaling devices as aids in searching for lost people who suffer from diminished mental capacity or other disability; and
WHEREAS, Sheriff is under no legal or other duty to provide such a program; and
WHEREAS, Responsible party is empowered, able, and authorized to act in the name of and on behalf of the Project Lifesaver Recipient (named in paragraph 1, below); and
WHEREAS, Responsible party desires to participate in the program for the benefit of the Project Lifesaver Recipient.
NOW, THEREFORE, in consideration of the mutual promises made herein, the parties agree as follows:
1. Sheriff agrees to furnish Responsible Party project lifesaver locating system consisting of a wristband transmitter or its equivalent (Equipment) and the monitoring, response, and tracking services appropriate and necessary for the use of the Equipment.
2. Responsible Party acknowledges that the Project Lifesaver locating system, including the Equipment, is NOT intended to replace the care, monitoring, attention, and oversight to be provided the Project Lifesaver Recipient by Responsible Party. Responsible Party, on behalf of Project Lifesaver Recipient, accepts the use of the Equipment and services described herein with the understanding that the Project Lifesaver locating system and Equipment are intended to be an additional and supplemental tool providing an extra means of locating the Project Lifesaver Recipient in the event he or she is discovered missing. Responsible Party agrees NOT to rely on the Equipment or services hereunder for the safety, security, welfare, finding, or retrieval of the Project Lifesaver Recipient.
3. Responsible Party acknowledges that the Equipment’s functioning depends upon battery power. Accordingly, Responsible Party agrees to test the Equipment at least once a day and record the test on the Daily Check Sheet. Responsible Party is also obligated to contact the Sheriff’s Office every 60 days so the Sheriff’s Office can review the completed Daily Check Sheets and change the batteries in the Equipment. Failure to complete these tasks can result in removal from the program.
4. In the event the Project Lifesaver Recipient is missing, Responsible Party agrees to immediately notify Sheriff by calling 911.
5. In the event any of the following occur, Responsible Party agrees to promptly notify the Sheriff:
- Change of address or phone number for Project Lifesaver Recipient;
- Change of address or phone number for Responsible Party;
- Anyone removes Equipment from Project Lifesaver Recipient;
- Project Lifesaver Recipient no longer needs the Equipment;
- Equipment is unusable due to dead battery, loss, or damage.
6. Responsible Party argrees to take reasonable care with Equipment to avoid loss or damage to it. If the Equipment is lost or damaged, Sheriff will attempt to replace or repair the Equipment, at his option. If the Sheriff or designee determines that reasonable care was not taken with Equipment, Responsible Party will be notified and, upon notification, Responsible Party agrees to reimburse Sheriff for the full replacement cost or repair cost of the lost or unusable Equipment. Sheriff or designee has sole authority to determine if repair or replacement will occur and whether reimbursement will be sought.
7. Sheriff retains title and interest in the Equipment. Sheriff is responsible for routine maintenance of the Equipment; however, Sheriff is not responsible in any respect for any technical failure due to manufacturing or material defects of the Equipment. Sheriff makes no warranties of any kind with regard to the Equipment, the operation or effectiveness of the Equipment, the fitness or suitability of the Equipment for a particular purpose. In addition, Sheriff is not responsible for any technical failure, manufacturing or material defects, or operation, effectiveness, or fitness of any of the Project Lifesaver locating system.
8. This Agreement may be terminated at the option of either party, without prior notice.
9. READ THIS SECTION VERY CAREFULLY! DO NOT SIGN THIS AGREEMENT
UNLESS YOU UNDERSTAND THIS SECTION BECAUSE IT CONTAINS WAIVERS OF IMPORTANT LEGAL RIGHTS AND CLAIMS. You should consult your own attorney before signing this Agreement.
hereby releases the Goochland County Sheriff, his agents, employees, and volunteers, from any and all liability arising from any failure of the Project Lifesaver locating system or Equipment, or any failure of the Sheriff, of whatever sort, kind, or nature, regarding the performance and fulfillment of the monitoring, response, and tracking services described herein.
Goochland County Sheriff, his agents, employees, and volunteers, shall not be held responsible for any failure, delay, default, interruption, stoppage, interference, or any other failure of any kind, manner, or nature, regarding the performance of the Project Lifesaver locating system, or Equipment, or services under this Agreement.
Responsible Party hereby releases, holds harmless, and indemnifies Sheriff and his agents, employees, and volunteers, against all claims, actions, lawsuits, or causes of action brought against Sheriff or his agents, employees, or volunteers, whether by Responsible Party, his agents, employees, representatives, or anyone else arising out of or relating to this Agreement, the Project Lifesaver locating system, the Equipment, or services under this Agreement.
10. The provisions of this Agreement are severable. If any provision of this Agreement is adjudged to be invalid or unenforceable, the remaining provisions remain in full force and effect.
11. This Agreement represents the entire understanding and agreement of the parties with respect to this subject matter. Neither party is relying on any other representations, promises, or statements made by the other except as stated herein.
12. This Agreement is governed by the laws of the Commonwealth of Virginia without respect to its conflicts of law principles. Any claims, actions, or disputes which arise concerning or relating to this Agreement must be brought in the Goochland County courts.
By signing below, Responsible Party affirms that he/she has read and understands tis Agreement and that it is his/her desire to enter into this Agreement. By affixing his/her signature below, Responsible Party agrees to be bound by the terms and provisions of this Agreement.
or his authorized designee