WAIVER, RELEASE, AND INDEMNIFICATION AGREEMENT

In consideration of transportation industry consulting services to be provided (the “Services”) by Pamela J. Polyak Consulting, LLC (“Consultant”) for the undersigned (“Carrier”), Carrier hereby agrees and contracts that neither Consultant nor any of the Consultant`s owners, employees, agents, insurers, contractors, successors, or assigns (collectively the “Released Parties”) shall be liable for any damages sustained by Carrier or any other person as a result of or in relation to any Services provided by Consultant to or for Carrier and/or any of Carrier`s owners, directors, employees, officers, insurers, contractors, agents, successors, or assigns and/or any other person, or as a result of any defect, error, or omission in the provision of such Services, regardless of whether such damages arise from economic loss, property damage, personal injuries (including death), lost profits, consequential damages, or any other direct or indirect monetary damages, except to the extent that such damages arise out of intentionalor gross misconduct on the part of a Released Party, in which case the offending Released Party may be found liable for his or her own intentional or gross misconduct.

Carrier understands and agrees that:

1. The use and operation of transportation vehicles and equipment and other vehicles, equipment, and machinery involves risk of serious injury, including permanent disability and death;
2. Consultant does not supervise, instruct, or assist Carrier with respect to the use and operation of transportation vehicles and equipment or other vehicles, equipment, or machinery;
3. Carrier is solely responsible for the use and operation of its own transportation vehicles and equipment and/or other vehicles, equipment, and machinery;
4. Carrier is solely responsible for ensuring its own compliance with all state, federal, and local laws and ordinances.

Carrier agrees that the use of all or part of the Services is entirely at Carrier`s own risk.

By the execution of this agreement, Carrier accepts and assumes full responsibility for any and all injuries, damages (both economic and non-economic), death, and losses of any type, which may be suffered or incurred by Carrierand/or any of Carrier`s owners, directors, employees, officers, insurers, contractors, agents, successors,or assigns and/or any other person, as a result of the Services, any defect, error, or omission in the Services and/or in relation to any issue for which Services are provided.

Carrier hereby fully and forever releases and discharges the Consultant and each of the Released Parties from any and all claims, demands, damages, rights of action, or causes of action, present or future, whether the same be known or unknown, anticipated, or unanticipated, resulting from or arising out of Consultant`s provision of the Services, except to the extent that such claims, demands, rights, or actions arise out of intentional or gross misconduct on the part of a Released Party, in which case the offending Released Party may be found liable for his or her own intentional or gross misconduct.

Further, Carrier expressly agrees to indemnify and hold the Consultant harmless from and against any and all claims, demands, damages, liabilities, or causes of action of any kind, made or presented by any person or entity, including any and all costs and reasonable attorney fees, related to or resulting from injuries, losses, or damages or damages of any kind sustained or claim by Carrier or any other person as result of the Services provided by Consultant.