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Release and Waiver of Liability for Use of Accessory Dwelling Unit Building Plans
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In consideration of being permitted to use the Accessory Dwelling Unit Building Plans (ADU Plans) owned by the County of Placer for the purpose of constructing an accessory dwelling unit, the undersigned hereby agrees to the following:
1. Jackson and Sands Engineering, Inc. and Placer County (the “Creators”) shall retain all rights, titles, and interests in the ADU Plans and their contents, as well as all inventions, discoveries, methodologies, models, formats, processes, procedures, designs, specifications, findings, and other intellectual properties developed, gathered, compiled or produced by them in developing the ADU Plans. The Creators grant you only a limited, non-exclusive, non-transferable, royalty-free, license to review and use the ADU Plans, but only for the purpose of constructing an ADU or assisting in construction of an ADU, and specifically not for purposes of deriving economic gain from the use or sale of the ADU Plans. Placer County retains rights to all of the intellectual property contained within the ADU Plans.
2. Use of the ADU Plans is at your own risk. The Creators make no promise and give no guaranty or warranty regarding the accuracy, completeness, reliability, or functionality of the ADU Plans, or of the ADU identified within the plans. The Creators do not assume responsibility for any impact that the use of the ADU Plans, or that construction of an ADU pursuant to the ADU Plans may have on your or any third party’s site, existing buildings, or personal safety. The Creators do not promise that the ADU Plans are free from defects, whether in design or construction. Jackson and Sands Engineering, Inc. may change the ADU Plans at any time in its sole discretion, but the Creators do not promise to update or modify the ADU Plans to meet any future building requirements or code requirements of any kind.
3. The ADU Plans and any associated documentation are made available “As Is,” without any warranty of any kind. There is no warranty that the ADU Plans or documentation will meet your expectations or requirements, or that use of the ADU plans will be error-free, or that the ADU Plans will work as described in the documentation. The Creators hereby disclaim any and all express or implied warranties, including without limitation, any warranty of merchantability, fitness for a particular purpose, title or infringement. In no event will the Creators have any liability to you or to any other party for any losses or damages you may suffer directly or indirectly, or for any expense or costs you may incur in connection with the use of the ADU Plans. The Creators shall have no liability to you or any other party for lost profits, business interruption, time, money, goodwill, and any special, incidental, indirect or consequential damages, whether in contract, tort, strict liability or otherwise, arising out of the use or inability to use the ADU Plans, even if you have advised Jackson and Sands or the County of the possibility of such loss or damages. Your sole and exclusive remedy shall be to stop use of the ADU Plans.
4. The undersigned hereby releases, waives, discharges and covenants not to sue Placer County or its employees and/or Jackson & Sands Engineering, Inc. and its employees from all liability to the undersigned for any loss, damages or claims related to, arising out of or associated with the use of the ADU Plans.
5. The undersigned hereby assumes full responsibility for, and all risks associated with the use of and any construction of the ADU Plans.
6. The undersigned acknowledges and agrees that if they modify the ADU Plans, this may result in full plan review, increased costs and/or increased County review time.
7. The undersigned agrees to protect, indemnify, defend, release and hold the Creators free and harmless from any and all losses, claims, liens, demands, and causes of action of every kind and character including but not limited to, the amounts of judgments, penalties, interest, court costs, legal fees, and all other expensed incurred by the Creators arising in favor of any party, including claims, liens, debts, personal injuries, death or damages to property and without limitation by enumeration, all other claims or demands of every character occurring or in any way incident to, in connection with, or arising directly or indirectly out of the use of the ADU Plans. The undersigned agrees to investigate, handle, respond to, provide defense for, and defend any such claims, demand, or suit at the sole of expense of the undersigned. The undersigned agrees to bear all costs and expenses related thereto, even if the claim is groundless, false, or fraudulent. This provision is intended solely to provide for indemnification of the Creators from liability for damages or injuries to third persons or properties arising from the undersigned’s use of the ADU Plans.
8. The undersigned further expressly agrees that the foregoing 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, it is agreed that the balance shall, notwithstanding, continue in full legal force and effect.
The undersigned has read, had an opportunity to confer with their attorney and voluntarily signs this release and waiver of liability agreement, and further agrees that no verbal representation, statements or inducements apart from the foregoing written agreement have been made.
By signature below, I, the undersigned agree to the above terms.
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Electronic Signature Agreement
By checking the "I agree" box below, you agree and acknowledge that 1) your application will not be signed in the sense of a traditional paper document, 2) by signing in this alternate manner, you authorize your electronic signature to be valid and binding upon you to the same force and effect as a handwritten signature, and 3) you may still be required to provide a traditional signature at a later date.
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The undersigned agrees to allow County staff to enter onto their property to take photos of the site before, during and after construction provided County staff give the undersigned twenty-four (24) hour advance notice of this request and enters only for the purpose of photographing the progress of the ADU construction. (NOTE: Undersigned is not legally required to agree or sign below. This is strictly voluntary.)
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Electronic Signature Agreement
By checking the "I agree" box below, you agree and acknowledge that 1) your application will not be signed in the sense of a traditional paper document, 2) by signing in this alternate manner, you authorize your electronic signature to be valid and binding upon you to the same force and effect as a handwritten signature, and 3) you may still be required to provide a traditional signature at a later date.
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