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In consideration of being given a pair of used skates, free of charge, through the City of Toronto’s Skate Exchange Program (the “Program”), the undersigned acknowledges and agrees that:
1. I am aware that the skates provided through the Program are used, have been donated by a member of the public, have not been inspected and may be damaged or unfit for skating. I acknowledge that skating itself carries inherent risks, and using these donated skates may increase my risk of severe injury while skating. I further acknowledge and agree that the City of Toronto (the “City”) takes no responsibility whatsoever for the condition of the skates, and does not warrant their fitness for the intended purpose of skating. In spite of this, I choose to accept the used skates.
2. I KNOWINGLY AND WILLINGLY ASSUME ALL RISKS, the known and unknown, associated with occupying and using the used skates. I assume full responsibility and I HEREBY WAIVE ANY AND ALL CLAIMS that I have or may in the future have against the City, donors of skates, and all other organizations, associations and companies associated with the Program, and all their representatives, elected and appointed officials, contractors, successors and assigns (collectively referred to as “RELEASEES”) and to RELEASE THE RELEASEES from any and all liability for any loss, damage, expense or injury including death that I may suffer resulting from my possession of the skates DUE TO ANY CAUSE WHATSOEVER including the NEGLIGENCE OF THE CITY.
3. I FURTHER AGREE TO HOLD HARMLESS AND INDEMNIFY THE RELEASEES from any and all liability for any damages to property of or injury to any third party resulting from my use of the used skates.
4. I ACKNOWLEDGE HAVING READ, FULLY UNDERSTOOD AND AGREED TO THE ABOVE WAIVER AND ASSUMPTION OF RISK AND SIGN IT FREELY AND VOLUNTARILY WITHOUT ANY INDUCEMENT.