I, the "Buyer", have requested Lagersmith LLC and its affiliates (“Lagersmith”, “Lagersmith Can Supply Co.”, “Aluminate”) to provide aluminum cans or ends which will be filled with drink formulas (“Formulas”) that have not been tested with the cans and ends. Buyer acknowledges that Lagersmith has not performed any testing on the suitability of the cans and ends for packaging the Formulas. Buyer has evaluated any perceived risk and expressly assumes all risk and liability for any nonperformance of the cans and ends, such as resulting in leakages or recalls, and for any resulting damages or bodily injury to Buyer, its employees, or any third parties arising from the handling, filling and/or use of the cans (“Filled Cans”) filled with the Formulas or from ingestion of the contents of the Filled Cans, and agrees that Lagersmith and its affiliates will have no responsibility and no liability for any such damage or bodily injury to Buyer, its employees or third parties. Lagersmith recommends avoiding filling such cans with sour (lacto) beer, fermented non-alcoholic beverages, flavored alcoholic beverages that do not fall under the hard seltzer subcategory, cannabinoid beverages, wines and ciders without lab corrosivity testing.  Lagersmith further recommends testing cans and ends through production line, tunnel pasteurizer, and/or retort prior to purchase, and most certainly prior to full production. Testing cans for suitability is the responsibility of the Buyer.

BUYER AGREES TO PROTECT, DEFEND, INDEMNIFY, SAVE AND HOLD HARMLESS LAGERSMITH, ITS EMPLOYEES, AFFILIATES, AND AGENTS FROM AND AGAINST ANY AND ALL CLAIMS, DEMANDS, EXPENSE, AND LIABILITY ARISING OUT OF INJURY OR DEATH TO ANY PERSON OR THE DAMAGE, LOSS OR DESTRUCTION OF ANY PROPERTY WHICH MAY OCCUR OR IN ANY WAY GROW OUT OF LAGERSMITH'S SALE OF THE CANS AND ENDS OR ANY AND ALL COSTS, EXPENSES AND/OR ATTORNEY FEES INCURRED BY LAGERSMITH AS A RESULT OF ANY CLAIMS, DEMANDS, AND/ OR CAUSES OF ACTION. BUYER AGREES TO INVESTIGATE, HANDLE, RESPOND TO, PROVIDE DEFENSE FOR AND DEFEND ANY SUCH CLAIMS, DEMANDS, RECALLS OR SUITS (collectively, the “CLAIMS”) AT ITS SOLE EXPENSE AND AGREES TO BEAR ALL OTHER COSTS AND EXPENSES RELATED THERETO, EVEN IF THE CLAIMS ARE GROUNDLESS, FALSE OR FRAUDULENT.  

This Agreement supersedes any previous agreement between the parties regarding warranty, indemnity and/ or liability for the sale of these filled cans. This agreement may not be modified except in a written document signed by Lagersmith and Buyer, and specifically identifying the title and date of this Agreement.  

Buyer agrees to obtain insurance that covers his or her obligations under this Agreement in the amount of $2 million aggregate with $1 million per occurrence.  

 This Agreement shall be governed for all purposes by the law of the State of Ohio without regard to principles of conflict of laws.