RANGE WAIVER

    I hereby acknowledge that I am not under any prohibition from handling, possessing or using firearms and/or ammunition and/or prohibited devices of any nature.(In other words, ask yourself: Would the police or a probation officer be upset if you were here.) Be advised, that we make, at our sole discretion, these records readily available to ALL CANADIAN PUBLIC LAW ENFORCEMENT AGENCIES

    Important: This document will affect your legal rights and liabilities. This document also sets out some of your obligations and some of ours. Read the Facility Rules Letter for additional obligations”. Please read carefully before signing.

     

    I, (print name) (“USER”) including all minors that I am legally or ethically responsible for as listed below, irrevocably agree as a condition precedent at all times to my presence upon or use, at any time, of any  or all of the facilities of Wild West Indoor Range Ltd. (“Wild West”) including without limitation those facilities located at 2390, 8882 – 170 Street, Edmonton Alberta and the parking facilities located in front of, in the vicinity of or around such location, and any location or facilities where any activity or function sponsored or held by Wild West is located (collectively “the Facilities”), whether for my own purposes, as an invitee of Wild West or as part of a function or activity whether or not such function or activity is sponsored, sanctioned or supported by Wild West, do hereby make the acknowledgements and do grant the waiver and indemnity set out below, in addition to any other consideration which I may or may not have provided or agreed to provide to Wild West:

    In this document, the above USER is referred to as I or the USER.

    FOR GOOD AND VALUABLE CONSIDERATION (THE RECEIPT, SUFFICIENCY AND ADEQUACY OF WHICH I DO HEREBY ACKNOWLEDGE) I, THE UNDERSIGNED USER FOR AND ON BEHALF OF MYSELF, AND FOR MY HEIRS, EXECUTORS AND ADMINISTRATORS, DO HEREBY:

    Part A. ACKNOWLEDGE AND AFFIRM

    1. ACKNOWLEDGE AND AFFIRM that the Facilities include shooting ranges where firearms may be legally discharged and may be discharged at any time that the Facilities are open or otherwise;

    2. That firearms, ammunition and other paraphernalia related to firearms and the discharge thereof may be present on the Facilities at any time or at all times;

    3. That the use of firearms, ammunition and other paraphernalia related to firearms and the discharge thereof is subject to certain inherent risks and hazards and that the use of firearms and the activities associated therewith is and are potentially dangerous;

    4. That in entering upon or using the Facilities I do so at my sole and absolute risk, notwithstanding that I may or may not be familiar with any or all aspects of firearms, ammunition and other related paraphernalia, the discharge of firearms or the risks and hazards associated therewith;

    5. That while on or using the Facilities I am absolutely and solely responsible for my own conduct, safety and well-being as well as the conduct, safety and well-being of any guest accompanying me (including without limitation any minor / child);

    6. That engaging in or observing shooting activities exposes me to lead particles and other potentially harmful contaminants, including lead and lead vapors;

    7. That the by-products and emissions from the discharging of firearms are potentially toxic to me and that in particular lead particles which are emitted by the discharge of firearms is toxic to me and anyone accompanying me and that all persons who come into contact with such by products and emissions are at risk of incurring health problems;

    8. That anyone under the age of 18 and pregnant women are at higher risk of incurring health problems from contact with the by-products and emissions from the discharging of firearms;

    9. That if I or anyone with me enters the shooting areas and moves beyond the designated firing line, I and such persons are at greater risk of injury or health problems;

    10. That if I engage in shooting activities which involve shooting at points beyond the designated firing line, I assume all risk for myself and anyone accompanying me for any injury or harm that I or they suffer;

    11. That while at Wild West, I will follow all warnings and instructions posted or given to me and I will practice safe shooting habits and behaviors to protect myself and those around me and minimize the risk of injury or harm to myself or others;

    12. That it is my sole responsibility to read and understand and that I have read, understood and I agree to execute this Release, Waiver and Indemnity Agreement as a condition to obtaining access to and use of the Facilities and the activities, services and facilities contained and provided therein.

    13. That any photography, audio or video recording in any form, made, created or begun at the Facilities in whole or in part shall only be used by me, and shall only be for personal use; it shall not be posted, shown or in any way broadcast in any forum or media for commercial, artistic, creative, promotional educational or informative purposes without the express prior written permission of a Director or Officer of Wild West.

    14. That under no circumstances is any photography, audio or video recording in any form made, created or begun at the Facilities in whole or in part to be used for any religious or political purpose in a public forum or elsewhere, regardless of what I (the User) may regard as being ‘personal use’

    Confirm you have read and understood Part A.

    Part B. WAIVE AND RELEASE

    1. WAIVE AND RELEASE Wild West Indoor Range Ltd. and its directors, officers, employees, volunteers, representatives and agents from any and all claims, demands, damages, actions and causes of action arising whether directly or indirectly from or in consequence of any and all losses, injury (including loss of life) and/or damage to the person and/or property of the USER suffered, sustained or incurred during, in connection with or as a result of my presence at or use of the Facilities, or while attending or participating in activity associated or connected with Wild West, the Facilities or the directors, officers, employees, volunteers, representatives and agents of Wild West, due to any cause whatsoever including without limitation the negligence, gross negligence or willful misconduct of  Wild West, its directors, officers, employees, volunteers, representatives, clients, customers, suppliers, members or agents. AND ON BEHALF OF MYSELF, I HEREBY WAIVE ANY AND ALL CLAIMS against Wild West and its directors, officers, employees, volunteers, representatives and agents for damages, costs and expenses (including legal expenses) which I may have, sustain or incur in connection with or arising directly or indirectly in any way from my presence at or use of the Facilities no matter what the cause may be, or while attending or participating in activity associated or connected with Wild West including, without limitation, all damages, costs and expenses arising from: (a) the provision of services of any kind including but not limited to provision of firearms and ammunition and the loading and discharge thereof; and (b) the provision of insurance or lack thereof;

    Confirm you have read and understood Part B.

    Part C. ASSIGNMENT AND INDEMNITY

    1. I  hereby wholly and irrevocably assign to Wild West all rights, including statutory or common-law copyright, associated with any photography, audio or video recording in any form made created or begun at the Facilities that is for any reason posted, shown or in any way broadcast in any forum or media for commercial, artistic, creative, promotional, educational or informative purposes without the express written prior permission of a Director or Officer of Wild West.

    2. I hereby agree to indemnify Wild West, its directors, officers, agents, employees and assigns against any and all costs, expenses, damages and other losses arising in any way out of the posting or broadcast of any photography, audio or video recording in any form made created or begun at the Facilities.

    Confirm you have read and understood Part C.

    Part D. I HEREBY INDEMNIFY

    1. I HEREBY INDEMNIFY and agree to promptly indemnify and hold Wild West and its directors, officers, employees, volunteers, representatives and agents harmless from and against any and all liabilities, claims, demands, actions, causes of action, judgments (including judgments for costs), costs or expenses (including legal expenses) which Wild West or its directors, officers, employees, volunteers, representatives or agents may suffer, sustain or incur as a direct or indirect result of any act or omission of any nature or kind whatsoever by me or any guest or invitee of myself.
    2. I acknowledge that the execution and delivery of this Release Waiver and Indemnity Agreement is required as a condition precedent of Wild West granting access to the facility and use thereof. I further acknowledge and agree that Wild West reserves the right not to proceed with granting access or to otherwise discontinuing access at any time.

    I warrant and represent to Wild West Indoor Range Ltd. that I have authority to sign this Release, Waiver and Indemnity Agreement on behalf of my heirs, my executors, administrators and myself.

    Confirm you have read and understood Part D.

    I HEREBY COVENANT AND AGREE TO PROMPTLY INDEMNIFY AND SAVE HARMLESS WILD WEST INDOOR RANGE LTD. and its directors, officers, employees, volunteers, representatives and agents from any and all claims, damages, demands, actions, causes of action and judgments (including judgments for costs) which may be advanced by or on behalf of and or awarded  to or for the benefit of myself, my heirs and assigns, and any minor on whose behalf I have executed this Release,  as a result of or in any way arising from Wild West granting access to the Facilities together with all costs of defending any such claim, demand and/or action including all legal fees and disbursements (and taxes thereon).

    If any part of this document shall be unenforceable, the portion which is unenforceable shall be severed and the balance of this document shall remain in full force and effect. Without limiting the generality of the foregoing, if the Release on behalf of myself and/or my minor child shall be deemed to be unenforceable, the aforesaid Indemnities shall nevertheless remain in full force and effect.

    I HAVE READ THIS RELEASE WAIVER AND INDEMNITY AGREEMENT PRIOR TO SIGNING IT AND I UNDERSTAND IT. I FURTHER UNDERSTAND THAT BY SIGNING THIS DOCUMENT, I AM AFFECTING THE LEGAL RIGHTS OF MYSELF, MY HEIRS, EXECUTORS, ADMINISTRATORS AND MY NEXT OF KIN. I ACKNOWLEDGE THAT A COPY OF THIS DOCUMENT WILL BE MADE AVAILABLE TO ME IF I REQUEST.

    The USER is further obliged to follow the directions, orders, range safety rules and facility etiquette polices as posted in and around the facility and as verbally expressed by the employees and volunteers of Wild West at ALL Times.

    Information collected on this form shall be treated as confidential and will only be stored as required by law, but may be released solely at Wild West’s discretion to police or other authorities. We will not sell or give your information to a commercial third party unless required by law.

    The User agrees any dispute related to this document, and to the User's or any minor child's attendance at the Facility shall be exclusively governed by the laws of the Province of Alberta and applicable federal laws of Canada, and the User hereby irrevocably attorns to the jurisdiction of the Courts of Alberta.

    The User acknowledges and agrees that this waiver shall remain in full force and effect for all attendances at Wild West throughout subsequent yearly renewals of membership, and despite the fact the User may not be or may cease to be a member of Wild West Indoor Range Ltd.

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