IN CONSIDERATION of being permitted to attend, display, trade goods at, or participate in any way in the Swap Meet or being permitted to enter for any purpose the Premises where the Swap Meet is to take place or will be held or organized, I agree to the following:
1.0 Loss and Damages: Swapsity is the Swap Meet organizer and is not able to warranty the quality or suitability for use of the goods being offered at the Swap Meet. Swapsity will not be liable for lost or stolen articles during this event or articles left after this event. Swapsity is not the owner of any items being sold or traded and neither makes any warranty of any kind on any items or services being offered as part of the Swap Meet, and hereby disclaims any such warranty including all implied warranties and conditions of merchantability, fitness for a particular purpose, title and non-infringement. Swapsity will not be responsible for any liability resulting from the sale, purchase, or trade of any item or service sold, purchased or traded, including but not limited to liability resulting from damage to property or injury to persons which might occur either during the Swap Meet or from use of any items or services sold, purchased or traded.
2.0 Swapped Items: Items brought to the Swap Meet as well as services offered at the Swap Meet shall comply with Swapsity's policy prohibiting the bartering of illegal items. Participants at the Swap Meet shall remove from the premises all items, rental equipment, and dispose of all refuse they have produced prior to leaving the Swap Meet. Participants shall comply with all terms of use applicable to the premises and may be asked immediately to leave the Swap Meet for failure to comply with same or with this Release and Waiver.
3.0 Waiver of Liability: By agreeing to participate in the Swap Meet, I hereby release, waive, discharge and covenant not to sue Swapsity, its employees, agents, affiliates and partners (the "RELEASEES") from all liability to me or my personal representatives, assigns, heirs, and next of kin FOR ANY AND ALL LOSS OR DAMAGE, AND ANY CLAIM OR DEMANDS THEREFOR ON ACCOUNT OF INJURY TO ME OR DAMAGE TO MY PROPERTY OR RESULTING IN DEATH ARISING OUT OF OR RELATED TO THE SWAP MEET, WHETHER CAUSED BY THE NEGLIENCE OF THE RELEASEES OR OTHERWISE.
4.0 Indemnification: I HEREBY AGREE TO INDEMNIFY AND SAVE AND HOLD HARMLESS the RELEASEES FROM ANY LOSS, LIABILITY, DAMAGE, OR COST they may incur arising out of or related to the Swap Meet WHETHER CAUSED BY THE NEGLIENCE OF THE RELEASEES OR OTHERWISE.
5.0 Assumption of Responsibility: I HEREBY ASSUME FULL RESPONSIBILITY FOR ANY RISK OF BODILY INJURY, DEATH OR PROPERTY DAMAGE arising out of or related to the SWAP MEET whether caused by the NEGLIGENCE OF THE RELEASEES or otherwise.
6.0 Broad Waiver: I HEREBY agree that this Release and Waiver of Liability extends to all acts of negligence by Swapsity and its owners, employees, agents, affiliates and partners and is intended to be as broad and inclusive as is permitted by the laws of Canada and of the Province of Ontario and that if any portion hereof is held invalid, it is agreed that the balance shall, notwithstanding, continue in full legal force and effect.
I HAVE READ THIS RELEASE AND WAIVER OF LIABILITY AGREEMENT, FULLY UNDERSTAND ITS TERMS, UNDERSTAND THAT I HAVE GIVEN UP SUBSTANTIAL RIGHTS BY SIGNING IT, AND HAVE SIGNED IT FREELY AND VOLUNTARILY WITHOUT ANY INDUCEMENT, ASSURANCE OR GUARANTEE BEING MADE TO ME AND INTEND MY ACKOWLEDGMENT, BY CLICKING "I AGREE" BELOW, TO BE A COMPLETE AND UNCONDITIONAL RELEASE OF ALL LIABILITY TO THE GREATEST EXTENT ALLOWED BY LAW.
