Electronic Communication Release Of Liability

Electronic Communication Release of Liability

I. Purpose

This Electronic Communication Release of Liability ("Release") is entered into by and between [Your Name], hereinafter referred to as the "Releasor," and [Releasee's Name], located at [Releasee's Address], hereinafter referred to as the "Releasee."

The purpose of this Release is to set forth the terms and conditions under which the Releasor agrees to release the Releasee from liability arising from the use of electronic communication methods in the course of their activities together.

II. Assumption of Risk

The Releasor acknowledges and understands that the use of electronic communication methods, including but not limited to email, messaging apps, and social media platforms, carries certain inherent risks, including:

Unauthorized Access: Electronic communications may be intercepted, altered, or accessed by unauthorized third parties, leading to the disclosure of sensitive or confidential information.
Transmission Errors: Electronic communications may be subject to transmission errors, including delays, inaccuracies, or disruptions, which could result in the loss or corruption of data.
Security Breaches: Electronic communication methods may be vulnerable to security breaches, such as hacking or malware attacks, which could compromise the integrity or confidentiality of communications.
Legal Compliance: The Releasor is responsible for ensuring that their use of electronic communication methods complies with applicable laws, regulations, and company policies, including those related to data protection and privacy.

III. Release and Waiver of Liability

The Releasor voluntarily releases, forever discharges, and agrees to indemnify and hold harmless the Releasee from any and all claims, demands, or causes of action arising from the use of electronic communication methods, including but not limited to:

Data Breaches: The Releasor acknowledges that electronic communications may be subject to data breaches or security incidents that could result in the unauthorized access or disclosure of sensitive information. The Releasor releases the Releasee from any liability for such breaches.
Transmission Errors: The Releasor acknowledges that electronic communications may be subject to transmission errors, including delays or inaccuracies, which could result in the loss or corruption of data. The Releasor waives any claims for damages or liability arising from such errors.
Legal Compliance: The Releasor agrees to comply with all applicable laws, regulations, and company policies regarding the use of electronic communication methods. The Releasor releases the Releasee from any liability arising from the Releasor's failure to comply with such laws, regulations, or policies.

IV. Indemnification

The Releasor agrees to indemnify, defend, and hold harmless the Releasee and its officers, directors, employees, agents, and affiliates from and against any and all claims, demands, losses, liabilities, damages, costs, and expenses (including reasonable attorneys' fees) arising from or related to:

The Releasor's use of electronic communication methods in violation of applicable laws, regulations, or company policies.
Any breach of confidentiality or unauthorized disclosure of sensitive information by the Releasor.
Any claims by third parties arising from the content or context of electronic communications sent or received by the Releasor.
Any transmission errors, delays, or disruptions in electronic communications caused by the Releasor's actions or negligence.
Any security breaches or unauthorized access to electronic communications resulting from the Releasor's failure to use appropriate security measures.
Any claims or disputes arising from the interpretation or enforcement of this Release.

The Releasor agrees to promptly notify the Releasee of any claims or actions covered by this indemnification provision and to cooperate fully in the defense of such claims or actions.

The Releasee reserves the right to assume control of the defense and settlement of any such claims or actions, at its sole discretion.

This indemnification provision shall survive the termination of this Release and the Releasor's activities with the Releasee.

V. Consent to Electronic Communication

The Releasor hereby consents to receive electronic communications from the Releasee, including but not limited to emails, messages, notifications, and other forms of electronic communication, related to their activities together. This consent includes, but is not limited to, communications regarding:

Releasee announcements, updates, and newsletters.
Notifications regarding changes to company policies, procedures, or terms of service.
Information about upcoming events, activities, or promotions.
Requests for feedback, surveys, or reviews.
Any other communication deemed relevant to the Releasor's relationship with the Releasee.

The Releasor acknowledges that electronic communications may be subject to risks such as unauthorized access, interception, or disclosure.

The Releasor agrees to take appropriate measures to protect the security and confidentiality of electronic communications, including but not limited to using secure communication channels and avoiding the transmission of sensitive information over unsecured networks.

The Releasor further acknowledges that they have the right to withdraw their consent to receive electronic communications at any time by notifying the Releasee in writing. Upon receipt of such notification, the Releasee will cease sending electronic communications to the Releasor, except as required by law or for essential communication regarding the Releasor's activities with the Releasee.

By signing this Release, the Releasor confirms that they have read and understood the terms of this consent to electronic communication and voluntarily agree to its terms.

VI. Governing Law and Jurisdiction

This Electronic Communication Release of Liability shall be governed by and construed in accordance with the laws of [Your State/Country]. Any dispute arising under or in connection with this Release shall be subject to the exclusive jurisdiction of the courts of [Your State/Country].