Agreement Scope:

This Waiver and Release of Liability Agreement applies to the non-residential projects involving the use of “corded window coverings” as defined in the Regulations (see link below) supplied by MHZ-NA Inc. and its affiliate company, MHZ Hachtel GmbH & Co. KG (the “Company”).

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Waiver and Release of Liability:

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Acknowledgment of Regulations Compliance:

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By ordering blinds with MHZ-NA Inc., the person placing the order (the “Dealer”) and its heirs, executors, administrators, successors, and assigns acknowledge that they have read and understood the Corded Window Coverings Regulations (SOR/2019-97) (the “Regulations”), and any and all derivative or successor legislation. The Dealer covenants, warrants, and agrees that they will comply with the Regulations and all other applicable laws, standards, and regulations, whether or not existing to their actual knowledge, regarding the use of corded window coverings or like products provided by the Company.

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Resale Prohibited:

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The Dealer covenants, agrees, and acknowledges that, whether or not for monetary gain, no re-sale, assignment, gifting, nor anything of the like, of the corded window coverings may occur to residential consumers without the express written consent of the Company, which consent can be unreasonably withheld. The Dealer acknowledges that this provision is a fundamental condition of the Company agreeing to provide corded window coverings to the Dealer, and that the Company reserves the right to refuse any further dealings with the Dealer – with such refusal not constituting breach of any and all agreements whatsoever between the Company and Dealer – if the Company has reasonable belief that the Dealer has breached this provision.

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Assumption of Risk:

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The Dealer covenants and agrees that the installation and use of corded window coverings carry inherent risks, including, but not limited to, the potential for strangulation, choking, and other bodily harm. The Dealer fully assumes all responsibility and risks associated with any and all use of the Company’s corded window coverings. The Dealer further covenants and agrees to use best efforts to ensure: (i) no persons – particularly children, seniors, and the motor-impaired – are harmed by the corded window coverings or any part thereof; and (ii) the corded window coverings are not used in any residential settings or settings in which persons reside.

 

Waiver and Release:

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In consideration of the Company supplying corded window coverings for use in non-residential projects, and other good and valuable consideration the receipt and sufficiency of which are acknowledged, the Dealer covenants and agrees and hereby releases, waives, acquits, remises, and forever discharges the Company, their directors, officers, employees, agents, and shareholders from any and all liability, claims, demands, actions, losses, and causes of action whatsoever arising out of or related to any loss, damage, or injury, including death, whatsoever, both in law and in equity, which the Dealer ever had, now has or hereafter can, shall or may have for or by reason of or in respect of any cause, act, matter or thing whatsoever existing up to and including the date hereof, while participating in any activity, pertaining to the Company and its business, or while in, on or upon the premises where installation or use or both of corded window coverings has occurred. The Dealer further covenants and agrees not to join, assist, aid nor act in concert in any manner whatsoever with any other person, firm or company in the making of any claim or demand or in the bringing of any proceeding or action in any manner whatsoever against the Company.

 

Indemnification:

The Dealer covenants and agrees to indemnify and hold harmless the Company and their respective directors, officers, shareholders, employees, and agents from any loss, liability, damage, claims, actions, causes of action, or costs and expenses, including court costs and attorney fees on a solicitor and own client basis, that have been or may be incurred due to the use of corded window coverings by the Dealer, whether or not caused by negligence of the Dealer.

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Acknowledgment of Understanding:

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The Dealer agrees that they have read this Waiver and Release of Liability, fully understands its terms, and understands that they are giving up substantial rights, including their right to make claims against the Company. The Company highly recommends the Dealer receive independent legal advice regarding this agreement

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Survival:

The covenants, warranties, and representations in this agreement will survive indefinitely.

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Validity:

If any portion of this agreement shall be invalid or unenforceable to any extent, the remainder of this agreement shall not be effected thereby and shall be valid and enforceable to the fullest extent permitted by law.

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Governing Law:

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This agreement shall be governed by and construed in accordance with the laws of the Province of British Columbia and the parties consider the most convenient, and hereto submit to the exclusive jurisdiction of, the Courts of the Province of British Columbia.

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Enurement:

This agreement shall enure to the benefit of and be binding upon the parties and their respective heirs, executors, administrators, legal representatives, successors and assigns.

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Last Updated: October 3, 2024