In consideration of being permitted to engage in hunting, shooting, and all associated activities, including transportation with X-Field Waterfowl Inc., on lands managed by Adrian Hill & Cody Crosby (X-Field Waterfowl, Adrian Hill & Cody Crosby are hereinafter collectively referred to as the “Releasee”), the receipt and sufficiency of such consideration is acknowledged by me, I, on behalf of myself, my heirs, next of kin, dependents, executors, administrators, successors and assigns (hereinafter collectively referred to as the “Releasors”), acknowledge and agree that:
I hereby acknowledge that the hunting trip, or other guided tour, that I participate in under the arrangement of the Releasee, its employees, agents, officers, members, volunteers, directors, contractors or associates, involves risks and dangers which are inherent to hunting and wilderness travel. This includes, but is not limited to, hazards of travelling by motorized vehicle, and by boats; hazards of carrying and being in possession of firearms and ammunition and of hunting with others who are in the possession of same; hazards of being exposed to the elements of nature, hazards of being in areas where hunters are likely to be present; hazards of being and travelling in remote wilderness areas and hazards arising from accidents, acts of God, illness, and forces of nature.
I accept and assume all risks of personal injury, death, and loss or damage to property while participating in the said guided hunting excursion, whether caused by my actions, the actions of other hunters, or the negligence of X-Field Waterfowl Inc. employees, agents, officers, members, volunteers, directors, contractors or associates. I accept and assume the aforementioned risks voluntarily, having chosen to participate in the guided hunting excursion with X-Field Waterfowl Inc., not withstanding the risks involved with participating in a guided hunting excursion. I further agree that the Releasee shall not be held responsible for any loss, damage or injury suffered by me while participating in any activity, using any facilities, being transported to or from any activities related to hunting or shooting, or being transported by the Releasee for any reason whatsoever.
I acknowledge and agree that this Agreement constitutes a waiver and release of the Releasee, its insurers, subsidiaries, successors, directors, officers, employees, and assigns, from liability for any common law or statutory duty of care, including, but not limited to, any duties arising under the Occupiers’ Liability Act, R.S.A. 2000, c.O-4, and any amendments or regulations thereto.
I acknowledge and agree that this Agreement constitutes a waiver and release of the Releasee, its insurers, subsidiaries, successors, directors, officers, employees, and assigns, from liability pursuant to the Fatal Accidents Act, R.S.A. 2000, c. F-8, and any amendments or
regulations thereto.
I acknowledge and do hereby agree to indemnify and hold harmless X-Field Waterfowl Inc., its insurers, subsidiaries, successors, directors, officers, employees, and assigns, from and against any and all claims, actions, causes of action, liabilities, losses, damages, damage to property, costs, charges, expenses, legal fees and disbursements on a solicitor-client full indemnity basis, fines and penalties for which X-Field Waterfowl Inc. may suffer, incur, or be liable for, directly, or indirectly, in consequence of my actions or omissions while participating in a guided hunting excursion with X-Field Waterfowl Inc., and any associated activities during the course of my time with X-Field Waterfowl Inc.
I acknowledge and do hereby agree to indemnify and hold harmless X-Field Waterfowl Inc., its insurers, subsidiaries, successors, directors, officers, employees, and assigns, from and against any and all claims, actions, causes of action, liabilities, losses, damages, damage to property, costs, charges, expenses, legal fees and disbursements on a solicitor-client full indemnity basis, fines and penalties for which X-Field Waterfowl Inc. may suffer, incur, or be liable for, directly or indirectly, in consequence of the actions or omissions of my dependent while participating in a guided hunting excursion with X-Field Waterfowl Inc., and any associated activities during the course of our time with X-Field Waterfowl Inc.
I acknowledge and agree that in order for X-Field Waterfowl Inc. to provide its hunters with the highest quality wing shooting experience in this competitive market the locations from which X-Field Waterfowl Inc. operates should be kept confidential. I hereby covenant and agree not to make any social media posts that identify the location from which X-Field Waterfowl Inc. operates including, but not limited to, expressly naming locations in social media postings, posting images to any social media platform that contains geotagging, and posting images to any social media platform which would serve to identify the locations from which X-Field Waterfowl Inc. operates.
I acknowledge that in entering into this Agreement, I am not relying on any oral or written representations or statements made by X-Field Waterfowl Inc., its employees, agents, or associates. This Agreement contains the entire agreement between me and the Releasee, and the terms of this Agreement are contractual and not a mere recital.
I acknowledge that this Agreement, and any rights, duties, and obligations as between the parties to this Agreement shall be governed solely in accordance with the laws of the Province of Alberta, Canada and no other jurisdiction; and any litigation involving the parties to this Agreement shall be brought solely within Alberta, and shall be within the exclusive jurisdiction of their Courts.
I acknowledge and agree that this Agreement is intended to be interpreted as broad and inclusive as is permitted by the laws of the Province of Alberta.
I acknowledge and agree that the parties to this Agreement, being myself and X-Field Waterfowl Inc., are of equal bargaining strength, and agree that the doctrine of contra proferentem shall not apply to this Agreement.