Loading & Unloading Release & Indemnity Agreement

This agreement made this day, between G.W. Murphy Inc, dba Ray’s Roofing Supply (hereinafter referred to as “The Building Materials Supplier”) and you (hereinafter referred to as “The Customer”) and is in effect for all interactions between The Building Materials Supplier and The Customer unless and until this agreement is terminated and acknowledged in writing by both parties.

Whereas, The Customer seeks to purchase or return building materials from The Building Supplier; and

Whereas, The Customer seeks to have The Building Materials Supplier load or unload said building materials onto, into, out of, or off of a vehicle or property designated by The Customer whether by hand, forklift, or other delivery equipment; and,

Whereas, The Customer acknowledges that the loading or unloading of building materials by hand, forklift, or delivery equipment creates certain risks of damage to persons or property;

Now therefore, in consideration of the mutual promises contained in this Agreement as well as other good and valuable consideration, receipt of which is acknowledged by the parties, the parties agree to the following:

1. The Building Materials Supplier agrees to load or unload said building materials onto or from the property or vehicle to be designated by The Customer so long as it is physically possible to do so.

2. The Customer hereby releases, waives, discharges and covenants not to sue The Building Materials Supplier for any and all damages or injury of any kind or nature whatever, including death resulting therefrom, to all persons, whether employees of The Customer or otherwise, and to all property and vehicles caused by, resulting from, arising out of, or occurring in connection with the loading or unloading of building materials as provided for in this agreement.

3. The Customer hereby assumes entire responsibility and liability for any and all loss, damage, or injury of any kind or nature whatever, including death resulting therefrom, to all persons, whether employees of The Customer or otherwise, and to all property and vehicles caused by, resulting from, arising out of, or occurring in connection with the loading or unloading of building materials as provided for in this agreement; and if any person shall make a claim for any damage or injury, including death resulting therefrom, as here in above described, whether such claim may be based upon either of the parties’ alleged active or passive negligence or participation in the wrong or upon any alleged breach of any statutory duty or obligation on the part of either of the parties, The Customer agrees to indemnify and save harmless The Building Materials Supplier, its agents, servants, and employees from and against any and all loss, expense, damage or injury that The Building Materials Supplier may sustain as a result of any such claims and The Customer agrees to assume, on behalf of The Building Materials Supplier, the defense of any action at law or in equity, which may be brought against The Building Materials Supplier upon such claim and to pay on behalf of The Building Materials Supplier, upon its demand, the amount of any judgement that may be entered against The Building Materials Supplier in any action.

ALL OF WHICH IS SO AGREED BY THE PARTIES ON THE DATE SIGNED and SUBMITTED EITHER ELECTRONICALLY OR PHYSICALLY.