RampUp! KY Terms and Release of Liability
By continuing, I understand that RampUp! KY has a limited inventory of ramps available across the state for short term loan (up to 180 days). Further, I understand that these portable aluminum ramps are of a fixed length, varying from 2 ft to 12 ft in length. Available inventory will vary by site. I will be responsible for arranging pickup and return of the ramp, as well as set up and installation.
RampUp! KY makes no guarantee that ramps available at any given time will meet my specific needs. If a portable aluminum ramp is not available, RampUp! KY will offer (while supplies last) a DIY ramp building kit. The ramp building kit can be customized to meet a length specific to my needs. I understand that RampUp! KY only provides the ramp building kit, and I am responsible for providing the additional lumber, hardware and labor to install the ramp built from the kit.
Additionally, by continuing, I certify that I have read the RampUp! KY Release of Liability and agree to release all liability of RampUp! KY, the KATS Network, Office of Vocational Rehabilitation, the Education and Workforce Development Cabinet, and the Commonwealth of KY.
Release of Liability Agreement
- The Applicant understands that the portable ramp is the property of the KATS Network and Applicant agrees to return the portable ramp to the distribution site at the completion of the loan period (180 days – or less) Ramp Kits become the property of the individual applicant upon receipt.
- The Applicant accepts and agrees to be bound by the terms of this agreement by accepting the portable ramp or ramp building kit. Applicant understands as evidenced by my signature on this Release of Liability Agreement that I am receiving a portable ramp or a ramp building kit that has been given to me by the KATS Network which is a program of The Office of Vocational Rehabilitation (OVR), an agency of the Commonwealth of Kentucky (Commonwealth)(hereinafter collectively “Ramp Up Kentucky!”).
- The Applicant and/or undersigned may or may not be the equipment’s User. However, the undersigned if different than the User, represents that the applicant is acquiring the equipment on behalf of the User for User’s benefit.
- Applicant and the equipment User (if different from the undersigned) acknowledge that no representative of Ramp Up Kentucky! has made any representation or warranty express or implied regarding the merchantability or condition or fitness for a particular purpose of the equipment. The Applicant and the equipment User (if different from the undersigned) accept the equipment as is with no warranties made by Ramp Up Kentucky!
- Applicant and User understands and accepts that Ramp Up Kentucky! makes no warranty that the Portable Ramp or Ramp Building Kit will meet your requirements or operate under your specific conditions of use. You must determine whether the Portable Ramp or Ramp Building Kit meets your requirements and safety needs. You bear sole responsibility and all liability for any loss incurred due to failure of these products to meet your requirements.
- Applicant and User understand, acknowledge and accept that I and User are entirely responsible for the equipment, including but not limited to training, personalized adjustment(s), support, maintenance, up keep and repair needed and related to proper use of this equipment.
- Applicant and User understands the risks involved in use of the Portable Ramp or Ramp Building Kit and AGREES TO ASSUME ANY AND ALL RISKS INVOLVED while using said Portable Ramp or Ramp Building Kit without limitation and including the risks of death, bodily injury, property damage, and/or the ordinary negligence and/or deliberate act of another person.
- In consideration for the Applicant’s receipt of the equipment described above, provided at no monetary cost to the Applicant, the Applicant does hereby release and discharge Ramp Up Kentucky! including any of its affiliates, predecessors, successors, assigns, and current and former officers, directors, employees, and agents, in their individual capacities as well as their official capacities, of and from any and all claims, demands, actions, or causes of action whatsoever the undersigned, his/her heirs, assigns and legal representatives has, may have, whether now or in the future, against Ramp Up Kentucky!
- The Applicant, his/her heirs, assigns and legal representatives voluntarily gives up any right to sue or hold Ramp Up Kentucky! including any of its affiliates, predecessors, successors, assigns, and current and former officers, directors, employees, and agents, in their individual capacities as well as their official capacities, responsible for any injury incurred by the Applicant or the User in the use of this equipment. The Applicant, his/her heirs, assigns and legal representatives voluntarily agrees to hold Ramp Up Kentucky! including any of its affiliates, predecessors, successors, assigns, and current and former officers, directors, employees, and agents, in their individual capacities as well as their official capacities completely harmless and not liable and to release them from all liability whatsoever associated with use of said ramp or ramp kit.
- By signing this Release of Liability Agreement the Applicant and User (if different from the undersigned) acknowledge that the Applicant and the User’s heirs, assigns and legal representatives are bound by the terms contained herein. The Applicant and User acknowledge that the Applicant or User has had an opportunity to consult with an attorney prior to executing this Release. The parties to this Release agree and acknowledge that the complete terms and conditions of their agreement are set forth herein and that no other promises or commitments were made by either party.
- This Release shall be governed and construed in accordance with the laws of the Commonwealth of Kentucky. If any provision of this Release is held invalid, such invalidity shall not invalidate the entire Release and the remainder of the terms shall not be affected.
- Each party represents that it has reviewed and fully understands each and every provision of this Release, has obtained all appropriate and necessary authorizations to enter into this document, and voluntarily executes same.