Food Donor Agreement

By this Agreement it is understood that the undersigned Donor may donate prepared, perishable or non-perishable food to White Pony Express (“Organization”). Organization will deliver food donated by the Donor to recipient agencies. The Donor and this Organization agree to the following:

1. Obligation of Donor
   1. Responsible for selecting food - Notwithstanding the fact that this Organization inspects the food selected by the Donor for donation, Donor bears the sole responsibility for deciding whether or not to provide the food to this Organization , with the knowledge that this Organization will deliver the food to the recipient agencies for consumption.
   2. Compliance with Guidelines - Donor will comply with and observe all guidelines issued from time to time by this Organization and the Allegheny County Health Department.
2. Warranties, Indemnity and Release
   1. Warranties of Donor - The food donated by Donor to this Organization shall be fit for human consumption at the time of delivery to this Organization and in accordance with the instructions for consumption.
   2. Warranties of this Organization - This Organization will have adequate refrigeration and storage to ensure the safekeeping of all food as well as staff with the necessary skills, ability and training to participate in this Organization’s program and utilize adequate food handling procedures. This Organization also ensures that a minimum of 90% of food donated by Donor will go to recipient agencies. To the extent deemed necessary by this Organization , no more than 10% of donated food may be used for other purposes of this Organization , including fundraising efforts.
   3. Release and Indemnity - Donor agrees to hold this Organization harmless from any and all claims, actions and judgments, including all costs of defense and attorney’s fees arising in whole or in part and in any manner from acts or omissions caused or alleged to be caused in whole or in part by Donor in connection with the consumption, handling or supply of goods.
3. General
   1. Amendment - This Agreement may be amended with the written consent of all parties.
   2. Cancellation of Donor Participation - Donor may cease donating food to this Organization's program at any time at Donor's sole discretion.
   3. Entire Agreement - This Agreement supersedes all previous representations, warranties, dealings, agreements, understanding and expectations of all parties regarding the subject matter hereof. There are no other representations, warranties, understandings, conditions, agreements or expectations except as set out herein.
   4. Law - This Agreement will be governed by and construed in accordance with the laws of the Commonwealth of Pennsylvania, and any litigation instituted will be in the courts of Concord, CA.
   5. Severability - If any covenant or provision of this Agreement is determined by a Court of competent jurisdiction to be void or enforceable in whole or in part, then such void or unenforceable covenant or provision shall not affect or impair the enforceability or validity of the balance of the Agreement.