RELEASE and USER OBLIGATIONS 2018
RELEASE, WAIVER AND INDEMNITY AGREEMENT IN RESPECT OF DAMAGES AND/OR INJURIES TO A USER OF THE SHOOTING FACILITY AND EQUIPMENT AND/OR DAMAGES SUFFERED BY A USER OF THE PRACTICAL SHOOTING CORNER AND EQUIPMENT
Important: This document will affect your legal rights and liabilities, please read carefully before signing.
(“USER”) including all minors that I am legally or ethically responsible 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 PRACTICAL SHOOTING CORNER (“PSC”) including without limitation those facilities located at 30 Vogell Road, Unit 4, Richmond Hill, Ontario 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 PSC is location (collectively “The Facilities”), whether for my own purposes, as an invitee of PSC or as part of a function or activity whether or not such function or activity is sponsored, sanctioned or supported by PSC, to hereby make the acknowledgements and to 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 PSC:
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 OR MYSELF, AND FOR MY HEIRS, EXECUTORS AND ADMINISTRATORS, DO HEREBY:
- ACKNOWLEDGEMENT AND AFFIRM:
- that the Facilities contain shooting range where airsoft gun may be discharged and discharged at any time that the Facilities are open or otherwise;
- that airsoft gun and other paraphernalia related to airsoft gun and the discharge thereof may be present on the Facilities at any time or at all times;
- that the use of airsoft guns and other paraphernalia related to airsoft gun and the discharge thereof is subject to certain inherent risks and hazards and that the use of airsoft guns and the activities associated therewith is and are potentially dangerous;
- 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 airsoft gun and other related paraphernalia, the discharge of airsoft gun or the risks and hazards associated therewith;
- 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 guests accompanying me (including without limitation any minor)
- 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;
- 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;
- that while at PSC, 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;
- that it is USER’s solely responsible to read and understand and that I have read, understood and agreed to execute this Release, Waiver and Indemnity Agreement as a condition to obtaining access to and sue of the Facilities and the activities, services and facilities contained and provided therein.
- 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 PSC.
- That under no circumstances is any photography, audio or video recording in any from 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 regardless of the intended use being what USER regards as personal use.
Initial as read part A: _________
- WAIVE AND RELEASE PSC 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 PSC, the Facilities or the directors, offices, employees, volunteers, representatives and agents of PSC, dur to any cause whatsoever including without limitation and negligence, gross negligence or willful misconduct of PSC, its directors, officers, volunteers, representatives, clients, customers, suppliers, members or agents. AND ON BEHALF OF MYSELF, I HERECY WAIVE ANY ANND ALL CLAIMS against PSC 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, or while attending or participating in activity associated or connected with PSC including, without limitation, all damages, costs and expenses arising from: (a) he provision of services of any kind including but not limited to provision of airsoft gun and the loading and discharge thereof; and (b) the provision of insurance or lack thereof; and
Initial as read part B: _________
- ASSIGNMENTT AND INDEMNITY
- USER hereby wholly and irrevocably assigns to PSC 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 Officers of PSC
- USER hereby agrees to indemnify PSC, its directors, officers, agents, employees and assigns against any and all costs, expenses, damages and other losses arising in any way out of the positing or broadcast of any photography, audio or video recording in any form made created or begun at the Facilities.
- INDEMNIFY and agree to promptly indemnify and hold PSC and its directors, officers, employees, volunteers, representatives and agents harmless from and against any and al liabilities, claims, demands, actions, causes of action, judgments (including judgments for costs), costs or expenses (including legal expenses) which PSC 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 of the USER or any guests or invitee of the USER. I acknowledge that the execution and delivery of this Release Waiver and Indemnity Agreement is required as a condition precedent of PSC granting access to the facility and use thereof, I further acknowledge and agree that PSC reserves the right not to proceed with granting access or to otherwise discontinuing access at any time. I warrant and represent PSC that I have authority to sign this Release, Waiver and Indemnity Agreement on behalf of heirs, my executors, administrators and myself.
I, HEREBY COVENANT AND AGREE TO PROMPTLY INDEMNIFY AND SAVE HARMLESS PSC 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 o or for the benefit of myself as a result of or in any way arising from PSC 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 he generality of the foregoing, if the Release on behalf of myself shall be deemed to be unenforceable 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 AVAILLABLE 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 PSC at ALL TIMES.
Information collected on this form shall be treated as confidential and will only be released and stored as required by law. We will not sell or give your information to a third party unless required by law or for our own internal promotion use.