The party named below (referred to as “I” or “me”) desires to participate in the loading and/or unloading of certain “Oversized Donations” as further described on Schedule I attached hereto and incorporated herein (the “Activity”), in connection with the Services provided by Resupply, Inc., a Delaware corporation (the “Company”). In consideration of being permitted by the Company to access the Services, including participating in the Activity, and in recognition of the Company’s reliance hereon, I agree to all the terms and conditions set forth in this instrument (this “Release”). Capitalized terms used but not defined in this Release shall have the meanings ascribed to them in the Company’s Terms of Use, as the same may be modified from time to time.
I AM AWARE AND UNDERSTAND THAT THE ACTIVITY IS A POTENTIALLY DANGEROUS ACTIVITY AND INVOLVES THE RISK OF PERSONAL INJURY, PAIN, SUFFERING, TEMPORARY OR PERMANENT DISABILITY, DEATH, PROPERTY DAMAGE, AND/OR ECONOMIC LOSS. I UNDERSTAND THE RISKS INVOLVED WITH THE ACTIVITY MAY RESULT NOT ONLY FROM MY OWN ACTIONS, INACTIONS, OR NEGLIGENCE, BUT ALSO FROM THE ACTIONS, INACTIONS, OR NEGLIGENCE OF OTHERS, OR THE CONDITION OF THE DONATIONS, EQUIPMENT OR VEHICLES. FURTHER, THERE MAY BE OTHER RISKS NOT KNOWN TO ME OR REASONABLY FORESEEABLE AT THIS TIME. NOTWITHSTANDING THE RISK, I ACKNOWLEDGE THAT I AM KNOWINGLY AND VOLUNTARILY PARTICIPATING IN THE ACTIVITY WITH AN EXPRESS UNDERSTANDING OF THE DANGER INVOLVED AND HEREBY AGREE TO ACCEPT AND ASSUME ANY AND ALL RISKS OF INJURY, DISABILITY, DEATH, AND/OR PROPERTY DAMAGE ARISING FROM MY PARTICIPATION IN THE ACTIVITY, WHETHER CAUSED BY THE ORDINARY NEGLIGENCE OF THE COMPANY OR OTHERWISE.
I hereby expressly waive and release any and all claims, now known or hereafter known, against the Company, and its officers, directors, employees, agents, affiliates, shareholders, successors, and assigns (collectively, “Releasees”), arising out of or attributable to my participation in the Activity, whether arising out of the ordinary negligence of the Company or any Releasees or otherwise. I covenant not to make or bring any such claim against the Company or any other Releasee, and forever release and discharge the Company and all other Releasees from liability under such claims.
This Release constitutes the sole and entire agreement of the Company and me with respect to the subject matter contained herein and supersedes all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, with respect to such subject matter. If any term or provision of this Release is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of this Release or invalidate or render unenforceable such term or provision in any other jurisdiction. This Release is binding on and shall inure to the benefit of the Company and me and our respective heirs, successors, and assigns. All matters arising out of or relating to this Release shall be governed by and construed in accordance with the internal laws of the State of Delaware without giving effect to any choice or conflict of law provision or rule (whether of the State of Delaware or any other jurisdiction).
SCHEDULE I
Oversize Donations
The Company has partnered with Roadie, Inc. to facilitate the Services and in connection therewith, the following donations shall be considered “Oversized Donations” and require the applicable Donor and Charity to engage in the Activity without assistance from the Roadie driver:
For the avoidance of doubt, Roadie will not accept and no Donor or Charity shall load or unload any singular donation exceeding 300 lbs.