Keys

- optional access to the outdoor range (18+ only, 1 key per membership)

This agreement applies to all members listed above, hereafter referred to as the “Participant”

TO: The Brazeau Bowbenders Archery Club (the “Company”), and the Company’s directors, officers, agents, instructors, representatives, employees, volunteers, independent contractors, subcontractors, suppliers, successors and assigns (collectively, the “Releasees”).

In consideration of the Company providing the Participant (“I” or “me”) the services of Archery indoor and outdoor range usage (the “Activity”) in and around Drayton Valley and Tomahawk, Alberta, including without limitation in Tomahawk Ag Centre (indoor) and Brazeau County (outdoor) (the “Location”), and for other good and valuable consideration, I agree to all the terms and conditions set forth in this agreement (the “Agreement”).

1. ASSUMPTION OF RISKS. I am aware and understand that the Activity and the Location involve many risks, dangers and hazards including, but not limited to: Sudden and unexpected changes in weather conditions; Avalanches; Exposed rock, earth, ice, and other natural objects; Trees, tree wells, tree stumps and forest deadfall; The condition of ground, snow or ice on or beneath the surface; Variations in the terrain which may create blind spots or areas of reduced visibility; Variations in the surface or sub-surface, including changes due to man-made or natural; Areas where the trail or route is rough, unstable or not defined; Variable and difficult conditions; Streams, creeks, and exposed holes in the ground surface, above streams or creeks; Cliffs; Exposed holes on or adjacent to the trails; Or other vehicles, arrows, equipment or structures; Contact with other persons and or their equipment; Encounters with wild animals; Including bears, cougars, deer, elk and moose; Overexposure to the sun, fatigue, dehydration, hypothermia and overexertion; Becoming lost or separated from one’s party; Loss of balance or control; Disorientation; Failure to act safely or within one’s own ability or to stay within designated areas; Negligence of other archers, and other persons; And negligence on the part of the Releasees.

I understand that negligence includes failure on the part of the Releasees to take reasonable steps to safeguard or protect me from the risk, dangers and hazards referred to above.

I acknowledge that I am voluntarily participating in the Activity and freely accept and fully assume any and all of the risks, dangers and hazards involved and the possibility of personal injury, death or property damage or loss resulting therefrom.

2. RELEASE OF LIABILITY AND WAIVER OF CLAIMS. I hereby expressly waive any and all claims that I have or may in the future have against the Releasees and agree to release the Releasees from any and all liability for any loss, damage, expense or serious injury including death arising out of and attributable to my participation in the Activity, due to any cause whatsoever, including but not limited to:

1. Negligence on the part of the Releasees;
2. Breach of contract;
3. Breach of any statutory or other duty of care owing on the part of the Releasees;
4. The failure on the part of any of the Releasees to safeguard or protect me from the risks, dangers, and hazards of the Activity, some of which are referred to above in the “assumption of risks” section of this Agreement.

I covenant not to make or bring any such claim against the Releasees, and forever release and discharge the Releasees from liability under such claims.

I understand I am releasing liability.

3. INDEMNITY. I shall indemnify and hold harmless the Releasees from any and all liability for any damage, loss, expense or injury to any third party resulting from my participation in the Activity.

4. ENTIRE AGREEMENT. In entering into this Agreement I am not relying upon any oral or written representations or statements made by the Releasees with the respect to the safety of the Activity other than what is set forth in this Agreement. This Agreement constitutes the entire agreement between me and the Company with respect to the Agreement’s subject matter and supersedes all prior and contemporaneous understandings, agreements, representations and warranties, whether written or oral, of me and the Company.

5. SEVERABILITY. 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.

6. BINDING AGREEMENT. This Agreement is binding on and shall enure to the benefit of me and my heirs, next of kin, executors, administrators, and legal representatives, and the Company and its successors and assigns.

7. JURISDICTION. This Agreement shall be governed by and construed in accordance with the laws of Alberta and the federal laws of Canada applicable therein. Any claim or cause of action arising under this Agreement shall be brought only in the courts of the province of Alberta, and I hereby consent to the exclusive jurisdiction of such courts.

8. MINORS. If the Participant is under the age of 18 (the “Minor”), I hereby acknowledge that I am the parent or guardian of the Minor, and I have the legal right to consent and sign below. I hereby consent to the terms and conditions of this Agreement on behalf of the minor. I assume all risks and responsibilities for the safety and well-being of the Minor. I agree to hold harmless and indemnify the releasees for any and all liability for any damage, loss, expense or injury to the Minor arising out of and attributable to the Minor’s participation in the Activity.

9. ACKNOWLEDGEMENT. I have read and understand all of the terms and conditions of this Agreement and I am aware that by accepting this Agreement I am voluntarily waiving substantial legal rights which I or my heirs, next of kin, executors, administrators, assigns and legal representatives, may have against the Releasees, including the right to sue the Releasees.

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