This Assumption of Risk, Waiver of Claims, Release from Liability, and Indemnity Agreement covers all activities, purchasing and borrowing at Aster + Luna and Luna Lending Library (Kelsey Purcell.)
Please read this entire waiver carefully, as this is a legally binding document.
I represent that I am the parent or legal guardian of the participant(s) or I have obtained permission from the parent/legal guardian of the participant(s) to execute this agreement on their behalf.
I agree that myself and the participant(s) shall comply with all stated and customary terms, rules and verbal instructions as conditions for participation in any lending and/or borrowing at Luna Lending Library.
I confirm that I am at least 18 years of age.
In consideration for receiving permission to borrow from Luna Lending Library at Unit 205 7803 50 Ave, Red Deer, AB, I hereby RELEASE, WAIVE, DISCHARGE, AND COVENANT NOT TO SUE Kelsey Purcell o/a Aster + Luna, their officers, agents, contractors, volunteers or employees (hereinafter referred to as RELEASEES) from any and all liability, claims, demands, actions, and causes of action whatsoever arising out of or related to any loss, damage or injury, including death, that may be sustained by me, my child(ren), parent(s), partner(s) or to any property belonging to me, while borrowing any toys, equipment, books, materials, etc. from the storage premises of the Luna Lending Library, REGARDLESS OF WHETHER SUCH LOSS IS CAUSED BY THE NEGLIGENCE OF THE RELEASEES, or otherwise and regardless of whether such liability arises in tort, contract, strict liability, or otherwise, to the fullest extent allowed by law.
I am fully aware of the risks and hazards connected with borrowing items from the Luna Lending Library. Such risks and hazards include, but are not limited to:
Injury from improper use of equipment
Choking
I am aware that such activities include the risk of injury and even death, and I hereby elect to voluntarily participate in said activities, knowing that the activities may be hazardous to my property and me. I understand that Kelsey Purcell o/a Aster + Luna does not require me to participate in borrowing from the Luna Lending Library. I voluntarily assume full responsibility for any risks of loss, property damage, or personal injury, including death, that may be sustained by my, or any loss or damage to property owned by me, as a result of borrowing items, WHETHER CAUSED BY THE NEGLIGENCE OF RELEASEES or otherwise, to the fullest extent allowed by law.
I further hereby AGREE TO INDEMNIFY AND HOLD HARMLESS the RELEASEES from any loss, liability, damage, or costs, including court costs and attorneys’ fees that Releasees may incur due to my participation in said activities, WHETHER CAUSED BY NEGLIGENCE OF RELEASEES or otherwise, to the fullest extent allowed by law.
It is my express intent that this Waiver and Hold Harmless Agreement shall bind the members of my family and spouse, if I am alive, and my heirs, assigns and personal representative, if I am deceased, and shall be deemed as a RELEASE, WAIVER, DISCHARGE, AND COVENANT NOT TO SUE the above named RELEASEES. I hereby further agree that this Waiver of Liability and Hold Harmless Agreement shall be construed in accordance with the laws of the Province of Alberta and that any mediation, suit, or other proceeding must be filed or entered into only in Alberta and the federal or provincial courts of Alberta. Any portion of this document deemed unlawful or unenforceable is severable and shall be stricken without any effect on the enforceability of the remaining provisions.
In consideration of the right to check out and make use of the enclosed materials, the Borrower agrees to the following terms and conditions of use. The term “Luna Lending Library - Aster + Luna,” as used herein, includes all directors, officers, employees, agents, volunteers, and affiliate organizations who contribute to the effort to make these materials available. The enclosed materials may not be suitable for children of all ages, and Luna Lending Library expressly disclaims any warranty, express or implied, regarding their use. It is my sole responsibility to exercise my judgement when selecting toys, and to ensure that they will not pose a hazard to the child given his/her/their age and state of development.
The Borrower assumes any risk of harm or loss relating to the materials as a condition of checking them out. The Borrower expressly agrees to waive and release any and all claims against Luna Lending Library that may relate to or arise from their use. The Borrower further agrees to indemnify and hold harmless Luna Lending Library for any harm, injury, or other loss or liability that may result from their use or possession. Luna Lending Library takes reasonable efforts to clean, disinfect, and maintain the enclosed materials, but each Borrower assumes responsibility to inspect the individual components before providing them to children and all activity involving the materials should be supervised. Luna Lending Library accepts no responsibility for any defects in its toys or an injury however caused to the child or persons by reason of the child or persons playing with one of the Luna Lending Library toys.
