Trail Collection Waiver

By checking YES below, I assume all risks associated with use of the borrowed item(s), and do hereby for myself, on behalf of my heirs, successors and assigns:

• release and hold harmless The Corporation of the City of Markham (the “City of Markham”), the Markham Public Library, the Lendery, and their elected officials, directors, officers, employees, volunteers, partners and members (collectively the “Lendery Releasees”) from any and all liability, loss, or damages of any nature, including but not limited to property damage, personal injury, and death, arising out of or related to the borrowing or use of items belonging to the Lendery, whether arising in tort (including negligence by the Lendery Releasees), strict liability, breach of warranty, contract, or any other legal theory;

• agree to indemnify and defend the Lendery Releasees against any and all liability, claims, or demands of any nature, including but not limited to property damage, personal injury, and death, arising out of or related to the borrowing or use of items belonging to the Lendery, whether arising in tort (including negligence by the Lendery Releasees), strict liability, breach of warranty, contract, or any other legal theory.

I am aware that the City of Markham, Markham Public Library, the Lendery, and their elected officials, directors, officers, employees, volunteers, partners and members claim no expertise and make no representation concerning the fitness of any item for any particular use.

BY CHECKING YES, I ACKNOWLEDGE THAT I HAVE READ, UNDERSTOOD AND AGREE TO THE MEMBERSHIP AGREEMENT AND THE LIABILITY RELEASE AND INDEMNIFICATION, AND THAT I AM WAIVING CERTAIN LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE.