In this Agreement: “Facilities” mean the lands owned and operated by Silver Willow as a sport shooting course and accessory facilities, located on the lands municipally described as 30133 Range Road 20, Mountain View County. “Orientation” means approximately one hour of mandatory instruction to guests on course safety and rules by one of Silver Willow’s certified instructors as well as the viewing of a safety video. “Silver Willow” means Don Day, Gwen Day, Silver Willow Pheasant Farm Ltd., its directors, officers, agents, employees and contractors. “Target Shooting” means using a firearm to shoot clay pigeons thrown into the air by machines at various stations set around the courses at the Facility. In CONSIDERATION of being permitted to enter for any purpose the Facilities of Silver Willow I, for myself, my personal representatives, heirs and next of kin, acknowledge and agree as follows: Acknowledgement and assumption of Risks 1. I am aware that: a. I am required to sign this Waiver to participate in Target Shooting at the Facilities; b. the Facilities include ranges where Target Shooting occurs; c. Target Shooting and all activities related to it involve inherent risks, dangers and hazards, including, but not limited to: i. physical or mental injury, including death, related from my use of firearms, including hearing damage or loss, bruising or lacerations, being hit by flying shards of clay or shells being ejected from shotguns, and exposure to gunpowder, which may affect my ability to travel in an aircraft; ii. physical or mental injury, including death, from other shooters on the course whether by malicious intent, negligence or accident including being shot, being hit by flying shards of clay or shells being ejected from shotguns, or in iii. physical or mental injury, including death, from misuse or an accident involving a motor vehicle, including a golf cart. iv. theft of, or damage to, my personal property; v. physical or mental injury, including death, related to uneven terrain, wild animals, insects or exposure to the elements or extreme temperatures, or vi. other intrinsic, unknown or unanticipated hazards and risks, not all of which is listed here. 2. I understand the risks of handling firearms and being near others that have firearms in their possession and participating in an activity that involves the firing of a firearm. In signing this Waiver and continuing to be present at the Facilities, I agree to assume full responsibility and liability for all such risks. 3. I have been given an Orientation by an employee and have read and understand Silver Willow’s rules. I confirm I have asked a Silver Willow employee all questions I have related to the Orientation and the proper use of the Facilities. 4. I understand that I may consult a lawyer about this Waiver prior to signing it. Waiver of Claims and Indemnity Agreement 5. I intentionally waive any and all claims I have or may in the future have against Silver Willow and I release Silver Willow from any and all liability for loss, damage, expense or injury, including death, that I or my next of kin may suffer as a result of my use of the Facilities. This release includes but is not limited to any and all liability arising from negligence, breach of contract, or breach of any statutory or other standard of care on the part of Silver Willow, including under the Occupiers Liability Act, RSA 2000, c. 0-4, and any replacement statutes or amendments thereto. 6. I will be liable for, hold harmless and indemnify Silver Willow from all third-party actions, proceedings, claims, damages and costs, including legal costs and liabilities of every nature or kind arising out of or in any way connected with use of the Facilities by me or my guests. 7. This Waiver is intended to be as broad and inclusive as is permitted by the laws of the Province of Alberta, and if any portion thereof is held invalid, the balance shall continue in full legal force and effect. This Waiver is governed by and interpreted in accordance with the laws of the Province of Alberta and any action involving the parties to this Waiver will be brought solely within the Province of Alberta and will be within the exclusive jurisdiction of the Alberta Courts. 8. I have read and understand this Waiver, and I am at least 18 years of age. I AM AWARE OF THE RISKS, DANGERS AND HAZARDS ASSOCIATED WITH A SPORT CLAY SHOOTING RANGE AND I FREELY ACCEPT AND FULLY ASSUME ALL SUCH RISKS, DANGERS AND HAZARDS AND THE POSSIBILITY OF PERSONAL INJURY, DEATH, PROPERTY DAMAGE AND LOSS RESULTING THEREFROM.
ACCEPTANCE OF THE ABOVE BY ME is evidenced by my signature, and I agree that no oral presentations, statements, or inducements apart from this Waiver have been made. In CONSIDERATION of being permitted to enter for any purpose the locations, facilities and lands of the Silver Willow Pheasant Farm Ltd. or Don, Gwen or Josh Day (which will be "Silver Willow" in this document) I, for myself, my personal representatives, heirs and next of kin, acknowledge and agree as follows: 1. The use of firearms and other activities at Silver Willow, including traveling to, from or about Silver Willow, are potentially dangerous and involve the risk to me or to minors in my charge or serious injury, death or property damage and I agree to assume full responsibility for all such risks. 2. I have been given an orientation by a staff member and have read and understand Silver Willow's rules. 3. Silver Willow is not responsible for any loss, damage or injury suffered by me or by minors in my charge in participating in any activity, in using the facilities of Silver Willow, or in traveling to, from or about Silver Willow, for any reason whatsoever including negligence on the part of Silver Willow, including its employees, agents, officers or directors. 4. I hereby relieve, release, waive, indemnify and hold harmless Silver Willow, including its employees, agents, officers and directors from all or any liability for losses, damage or injuries which may be suffered by me or by minors in my charge, including liability arising from the negligence of Silver Willow, including it's employee's, agents, officers or directors. 5. The foregoing release, waiver and indemnity are intended to be as broad and inclusive as is permitted by the laws of the Province of Alberta and if any portion thereof is held invalid, the balance shall, notwithstanding, continue in full legal force and effect. 6. I have read this document and I am at least 18 years of age and / or I am signing this document as parent or guardian on behalf of persons less than 18 years of age for whom I am responsible and who may use or represent on Silver Willow premises. ACCEPTANCE OF THE ABOVE BY ME is evidenced by my signature and I agree that no oral representations, statements, or inducements apart from the foregoing written document have been made. I'm placing my child, under the authority of TBD for the purposes of taking part in activities at Silver Willow. Date: December 12, 2024 |