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Release of Liability, Waiver of Claims, and Assumption of Risks

As of: September 21, 2023

By either signing this waiver or booking a service with The Project Garage, you are agreeing to the following waiver. ​ Release of Liability, Waiver of Claims, and Assumption of Risks

PLEASE READ CAREFULLY!

WHEREAS:

A. The Project Garage Inc. (the “Company”), a company formed pursuant to the federal laws of Canada, provides a service pursuant to which the Company connects experienced tradespersons (“Tradespersons”) to do-it-yourselfers (“Project Owner”).

B. The Tradespersons are available remotely to answer questions posed by the Project Owners (the “Services”) in connection with a project (such as but not limited to a home renovation project) being conducted by the Project Owner (the “Project”).

C. The Tradespersons will not be attending the site of the Project in person, nor will they be conducting any of the Project activities personally, nor reviewing the work done by the Project Owner.

D. The Project activities, including any actions taken by the Project Owner on the advice or suggestion of the Tradespersons, are herein referred to as the “Activities”.

E. The Project Owner has agreed to retain all responsibility and liability for the Project and any damages or injury that may result from the Project, the Activities, or the Services, or all of them.

NOW THEREFORE, in consideration of the Company introducing the Project Owner to the Tradesperson and the value that the Project Owner and the Tradesperson receive from the provision of the Services, and for other good and valuable consideration, the undersigned agrees to all the terms and conditions set forth in this agreement (this "Agreement").

ASSUMPTION OF RISKS

I, THE PROJECT OWNER, AM AWARE AND UNDERSTAND THAT THE ACTIVITIES INVOLVE MANY RISKS, DANGERS, AND HAZARDS, INCLUDING BUT NOT LIMITED TO THE RISK OF SERIOUS INJURY, DEATH, OR PROPERTY DAMAGE. I ACKNOWLEDGE THAT I AM VOLUNTARILY PARTICIPATING IN THE ACTIVITIES. I FREELY ACCEPT AND FULLY ASSUME ANY AND ALL OF THE RISKS, DANGERS, AND HAZARDS INVOLVED AND THE POSSIBILITY OF INJURY, DEATH, OR PROPERTY DAMAGE, WHETHER CAUSED BY THE NEGLIGENCE OF THE COMPANY, THE TRADESPERSONS OR OTHERWISE.

I hereby expressly waive and release any and all claims which I have or may in the future have against the Company, the Tradespersons, each of their respective affiliates, and their respective directors, officers, employees, agents, representatives, shareholders, successors, and assigns (collectively, "Releasees"), on account of injury, death, or property damage arising out of or attributable to my participation in the Activities, due to any cause whatsoever, including without limitation the negligence of any of the Releasees, breach of contract, breach of any statutory or other duty of care, or otherwise. I covenant not to make or bring any such claim against any of the Releasees, and forever release and discharge all of the Releasees from liability under such claims.

I SHALL DEFEND, INDEMNIFY AND HOLD HARMLESS ALL OF THE RELEASEES AGAINST ANY AND ALL LOSSES, DAMAGES, LIABILITIES, DEFICIENCIES, CLAIMS, ACTIONS, JUDGMENTS, SETTLEMENTS, INTEREST, AWARDS, PENALTIES, FINES, COSTS, OR EXPENSES OF WHATEVER KIND, INCLUDING REASONABLE LEGAL FEES, IN CONNECTION WITH ANY THIRD-PARTY CLAIM, SUIT, ACTION, OR PROCEEDING ARISING OUT OF OR RESULTING FROM THE ACTIVITIES.

This Agreement constitutes the entire agreement of the Releasees 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 Agreement is held to be invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of this Agreement or invalidate or render unenforceable such term or provision in any other jurisdiction. This Agreement is binding on and shall enure to the benefit of me and my heirs and next-of-kin, and the Company, Tradespersons and their successors and assigns. This Agreement shall be governed by and construed in accordance with the laws of the Province of New Brunswick and the federal laws of Canada applicable therein. Any claim or cause of action arising under this Agreement may be brought only in the courts of the Province of New Brunswick, and I hereby consent to the exclusive jurisdiction of such courts.

I ACKNOWLEDGE THAT I HAVE READ AND UNDERSTOOD ALL OF THE TERMS OF THIS AGREEMENT AND THAT I AM VOLUNTARILY WAIVING SUBSTANTIAL LEGAL RIGHTS (ON MY BEHALF AND ON BEHALF OF MY HEIRS, EXECUTORS, ADMINISTRATORS, AND NEXT-OF-KIN), INCLUDING THE RIGHT TO SUE THE COMPANY, THE TRADESPERSONS AND THE OTHER RELEASEES.

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