ATM Processor Letter Draft Sample 02 23 12 by R7OqsR


									                      Re:     New ADA Compliance Requirements for ATMs

Dear ____________:

       This letter is to provide you with formal notification of the new legal requirements under
the American’s with Disabilities Act (ADA) being applied to ATMs in the U.S., which are set to
become effective on March 15, 2012. As the owner of the ATM located at <INSERT
LOCATION NAME/ADDRESS>, it is your legal responsibility to ensure that your ATM
terminal is compliant with these new ADA regulations governing ATMs.

       The most immediate requirement involves providing so called “voice-guidance”
capabilities at ATMs, to enable use by sight-impaired/blind individuals. <SELECT ONE OF
THE FOLLOWING: [As we understand it, your terminal is a <INSERT ATM
MAKE/MODEL> which is not currently compliant but is able to be upgraded to become
compliant. As such, please contact us ASAP to make the upgrade.] OR [We understand that
your present terminal, <INSERT MAKE/MODEL>, is not capable of being made compliant with
the new ADA voice guidance requirements and therefore will have to be replaced.]

        If you should choose not to upgrade/replace your ATM terminal to become ADA
compliant, then you will be required to sign the attached indemnification form, which provides
for you to indemnify us from any ADA compliance-related actions that may arise with respect to
the terminal. Please confirm in writing whether you will be making the necessary terminal
modifications or instead will be signing our indemnification form.

       Thank you for your prompt attention to this time sensitive matter and please call me with
any questions.

THIS INDEMNIFICATION AGREEMENT is made and entered into this ____ day of
____________, 2012 by and between <YOUR COMPANY NAME> (hereinafter “ATM Processor”)
and ______________________________________________________ (hereinafter “ATM Owner”).
             (ATM OWNER - COMPANY NAME)

ATM Owner, by its undersigned representative, does hereby Agree to indemnify and hold harmless
ATM Processor, its officers, directors, agents, employees and contractors, from and against any and
all loss, damage, claim, demand, liability or expense by reason of any damage or injury to property or
person which may be claimed to have arisen as a result of or in connection with the operation of the
ATM terminal(s) operated on ATM Owner’s premises of business, including but not limited to any
claimed or actual ADA violations of whatever nature. Such obligation to indemnify and hold
harmless shall continue notwithstanding any action or inaction on the part of the ATM Processor
relating to such loss or damage, except for loss or damage arising from the sole negligence or willful
misconduct or gross negligence of ATM Processor, and shall include all costs, expenses and
liabilities, including but not limited to attorney’s fees, court costs and litigation costs, incurred by
ATM Processor, ATM Owner or third parties in connection with any such claim, suit, action or cause
of action, including the investigation thereof and the defense of any action or proceeding brought
thereon and any other judgment or decree which may be entered in any such action or proceeding or
as a result thereof. ATM Owner will provide ATM Processor with notice of any such action or
proceeding and ATM Processor shall have the option to undertake and pay for its own defense. If
ATM Processor does not elect to undertake and pay for the defense of any such action or proceeding,
then ATM shall do so. These provisions shall survive the expiration or earlier termination of the use
of premises. Nothing in this Agreement shall be construed to affect in any way the ATM Processor’s
rights, privileges, and immunities as otherwise may be provided at law or in equity.

____________________________________________________ ______________________

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