Tent Ballasting Tool Disclaimer
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The Ballasting Tool was developed by the American Rental Association and ARA Insurance Services, Inc., a wholly owned subsidiary of the American Rental Association (collectively, “ARA”) in conjunction with Industrial Fabrics Association International (“IFAI”) also known as Advanced Textiles Association (“ATA”) and is intended to provide general guidance to member companies and tent rental installers.
ARA grants you a personal, revocable, nonexclusive, nontransferable license to use the Ballasting Tool strictly in accordance with these provisions. You will be able to print, use and retain the ballasting results after imputing their values. You agree that you shall not, and shall not permit any other person to, de-compile, disassemble, reverse engineer, or create derivatives of the Ballasting Tool. Except for the limited license to use the Ballasting Tools and right to print, use and retain the results, all rights in the Ballasting Tool are reserved to ARA.
The Ballasting Tool, along with the associated Tent Ballasting guide and Emergency Evacuation Planning For Tented Events guide (associated guides), are meant only as a supplement, and are not intended to replace, any instructions or warnings that are provided by the manufacturer of the applicable tent and do not take into account the specific features of a particular tent installation, including weather and wind conditions, ground elevation, and other site conditions and are not intended as a substitute for the experience and judgment of the properly trained installers. You should consult the manufacturer’s instructions and warnings each time you install a tent.
You should refer to the tent manufacturer’s specifications for the required load for each tent at each leg. The Ballasting Tool takes into consideration the surface type, ballast type, surface condition, modifier, horizontal reaction force, vertical reaction force, distance from center of ballast to center of upright and diameter of ballast in determining the weight required to meet the manufacturers’ specified load. The Ballasting Tool does not take into consideration the standards, codes and legal requirements applicable to tent ballasting or all possible tenting scenarios or installations.
You should use your own independent judgment, experience, and discretion in successfully implementing the output of the Ballasting Tool to best fit your unique needs and circumstances. In addition, it is your responsibility to understand and comply with any standards, codes and legal requirements applicable to tent ballasting and you are solely responsible for managing all risks to your own and others’ health and/or safety when ballasting tents. By allowing you to use the Ballasting Tool, ARA assumes no liability for risks to installers, occupants or other third parties.
ARA expressly disclaims any warranties or guarantees, express or implied (including any warranties of merchantability or fitness for a particular purpose) and shall not be liable for damages of any kind in connection with the accuracy or the completeness of the material, information, or procedures set forth in the Ballasting Tool and associated guides or for any reliance on the contents of thereof.
You agree to defend, indemnify, and hold harmless ARA, IFAI, ATA and their directors, officers, employees, members, volunteers, agents, successors, and assigns, from and against any and all claims, proceedings, damages, injuries, liabilities, losses, costs, and expenses (including reasonable attorneys’ fees and litigation expenses) relating to or arising from your use of the Ballasting Tool and or the associated guides.
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