| Signature Release Authorization and Indemnification Agreement for Recipients
Section 1. Agreement.
(a) By clicking on the "I accept" button below, You (hereinafter referred to as "You", "Your" or "Customer") agree to the terms and conditions of this Signature Release Authorization and Indemnification Agreement for Recipients ("Agreement") which govern Your participation in the FedEx Signature Release Program ("Program"). Your acceptance of the terms and conditions of this Agreement also indicates your acceptance thereof on behalf of the entity which employs you or which you represent. When used in this Agreement, the term "FedEx" shall refer to Federal Express Canada Ltd., its principals, subsidiaries, branches and affiliates, any of which may exercise the rights and privileges afforded FedEx under this Agreement, but Federal Express Canada Ltd. is the sole obligor. No one is authorized to change the terms of this Agreement except FedEx.
Section 2: The Program.
(a) FedEx provides a high priority package delivery service which requires, upon delivery, the obtaining of a signature evidencing package receipt. Notwithstanding the foregoing, You hereby authorize FedEx to release any package for which You are the recipient indicated on the air waybill upon delivery to the place designated by You in advance without obtaining a signature, as long as the package does not have a declared value greater than $100.
(b) The furnishing by FedEx of a delivery receipt showing the designated place of delivery and the release number listed shall constitute proof of delivery in accordance with Your instructions.
(c) You shall indemnify FedEx against, and hold it harmless, from all claims for liability, including any expenses related thereto, and further including any lawyer's fees or other litigation costs, arising by reason of loss or damage to any shipments handled by FedEx under the terms of this Agreement.
(d) Decisions regarding eligibility to participate in the Program are solely within the discretion of FedEx.
Section 3. Term and Termination.
(a) Your participation in the Program will become effective within forty-eight (48) hours of FedEx receiving your online acceptance of the terms of this Agreement. Your participation will continue, and FedEx will release Your packages without obtaining a signature in accordance with this Agreement, until terminated by You or FedEx in accordance with this Agreement.
(b) You shall give FedEx no less than seven (7) calendar days prior written notice of termination of this Agreement or of the relocation or closing of Your business. Such written notice must provide Your FedEx account number, company name (if applicable), your address (company address if applicable) and reason for terminating this Agreement. Such written notice must be sent to: FedEx Canada Signature Release Program, 2190 Derry Road East, Mississauga, ON, L5S 1E2 or email email@example.com with all of the necessary information.
(c) FedEx reserves the right to alter, modify, suspend and terminate this Agreement at any time for any reason without notice.
Section 4. Controlling Law and Severability.
This Agreement shall be governed by and construed in accordance with the laws of the Province of Ontario and the laws of Canada applicable therein, without reference to its conflicts of law provisions. If for any reason a court of competent jurisdiction finds any provision of this Agreement, or a portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of the parties and the remainder of this Agreement shall remain in full force and effect. Any cause of action arising under this Agreement must be initiated within one year after the claim or cause of action has arisen in a court of competent jurisdiction in Ontario or be barred.
Section 5. Complete Agreement.
This Agreement constitutes the entire Agreement with respect to the Program and supersedes any prior or contemporaneous understandings, representations, statements or agreements, written or oral. No amendment to, modification of, or waiver of any provision of, this Agreement will be binding upon FedEx without FedEx' written consent.