Smart Controller Program
Terms and Conditions of Use
SCV Water is offering a residential landscape program (Program) with weather-based irrigation controllers (WBICs) for professional landscapers and homeowners. This Release of Liability ("Release") is made between CLWA and the residential property owner on whose property the WBIC is installed (Participant). This Release is effective as of the date signed below by the Participant. This Release must be signed by the Participant prior to the Participant's installation of WBICs.s
1. ELIGIBILITY REQUIREMENTS:
To be eligible to participate in the Program, the Participant must:
A. Attend a training class;
B. Be a professional landscaper or homeowner in the CLWA service area; and
C. Install the WBIC on a residential irrigation system in CLWA's service area and provide access to the WBIC and the residential irrigation system by CLWA's representative.
2. PROGRAM SERVICES
CLWA will provide, at no cost to Participant:
A. A training class;
B. A weather-based irrigation controller (or voucher for an approved controller that can be redeemed at a specified retailer); and
C. After the WBIC is installed, a consultant hired by CLWA will inspect the WBIC installation at the Participant's residence. This inspection will be limited to verification of installation and review of programming. The consultant will not inspect, adjust, or repair any element of the inspected irrigation system other than the WBIC. CLWA has no ongoing obligation to provide inspection, programming or support for the WBIC.
3. INDEMNIFICATION BY PARTICIPANT:
In consideration of participation in the Program and receiving a WBIC and to the maximum extent permitted by law, Participant and Participant's members, employees, agents, contractors, sub-contractors, consultants, successors and assigns (collectively, the "Indemnitors") shall defend, indemnify and hold harmless CLWA and its Directors, employees, agents, contractors, consultants, and attorneys (collectively, the "Indemnitees") from any and all claims, demands, lawsuits, charges, complaints, liabilities, indemnities, actions, costs, debts, expenses, liens, losses, injuries, and damages of any kind or character to any person or property arising from, caused by or relating to the educational presentation, use, installation, operation, maintenance, repair, inspection, removal or servicing of any WBICs at Participant's property, whether existing before or after the execution of this Release, including, without limitation, (a) any damage to existing landscaping, hardscape, structures, or real property or personal property, irrespective of ownership thereof, including failure of seeds, grasses or other landscaping to thrive for any reason, (b) any personal injury or damage to any person, (c) any defect in the design or construction of the WBICs or in any work or any other services performed by Indemnitors or Indemnitees, (d) the condition of the Indemnitors' property or, to the extent it affects the property, the land in the vicinity of the property, including a defect in soils or in the preparation of soils, any of which conditions may exist before or after the execution of this Release, or (e) the presence or existence of any hazardous substances, materials or waste in, on or near the soil or groundwater of the property, whether known or unknown and whether resulting from occurrences prior to or after the installation of any WBIC.
4. RELEASE AND WAIVER:
In consideration of participation in the Program and receiving a WBIC from CLWA, Participant hereby releases, waives, discharges and agrees not to sue Indemnitees for all Released Claims, and Participant agrees not to file, submit, publish or pursue any other claims, actions, or proceedings against Indemnitees in connection with any of the Released Claims.
I understand that while uncommon, serious accidents, personal injuries and property damage may occur from the activities required for participation in the Program. Knowing these risks, however, I nevertheless expressly assume all such risks and, in consideration of Participant's participation in the Program, and to the maximum extent permitted by law, I hereby voluntarily waive and discharge in advance, any and all actions, causes of action and claims for personal injury, property damage and/or wrongful death that Participant may have, or that may hereafter accrue, as a result of such participation in the Program.
Participant acknowledges that different or additional facts may be discovered in addition to what it now knows or believes to be true with respect to the matters herein released, and Participant agrees that this general release shall be and remain in effect in all respects as a complete and final release of the matters released, notwithstanding any different, additional or unknown facts that may now exist or may later be discovered.
5. GENERAL PROVISIONS:
A. Participant further expressly agrees that the Release provided herein is intended to be as broad and inclusive as is permitted by the laws of the State of California, and that if any portion thereof is held invalid, the balance of the Release shall continue in full legal force and effect.
B. Participant has read and understands and voluntarily signs this Release, and Participant further agrees that no oral representations, statements or inducements apart from this written agreement and Release have been made.
C. The signatory below, if signing on behalf of a business entity or association, represents that he or she is duly authorized to execute this Release as Participant. I have read and understand this release.
By signing below, I hereby acknowledge and agree to the terms set forth above, and acknowledge receipt of the weather based controller.