Cannon Waiver

 

SMOKE/POWDER CANNON

CUSTOMER WAIVER

Waiver and Release of the Vendor:

  1. The Customer is deemed to have accepted the terms of this Waiver and Release if:
  2. The Customer signs this Waiver and Release; or
  3. The Customer purchases a smoke/powder cannon or similar (the Products) after he or she has been notified of the terms of this Waiver and Release.
  4. The Customer acknowledges and agrees:
  5. The Products are, by their nature, dangerous goods and are classified as dangerous goods.
  6. The Products have inherent dangers and risks, including risk of injury or death to the user of the Products and others, or loss of or damage to the personal property of the user of the Product or others. Those inherent risks and dangers include but are not limited to lacerations, burns and penetrating wounds which may lead to further serious injury or death. The inherent risks and dangers cannot be eliminated completely from the use of the Products regardless of the precautions taken by the Vendor and those risks and dangers will be exacerbated where the Products are used recklessly or negligently or are otherwise intentionally misused;
  7. to handle and use this product with extreme caution and care (and in strict accordance with any written instructions). Reckless, negligent or intentional misuse may cause serious injury or death or damage to or loss of property;
  8. Having regard to and full appreciation of the nature and extent of those inherent risks, he or she is purchasing the Products freely, voluntarily and absolutely at his or her own risk;
  9. The Customer does not suffer from any illness, ailment or incapacity that would impair his or her ability to safely operate the Products;
  10. The Customer possesses the skills and experience necessary to safely operate the Products and will use the Products in a safe and responsible manner, including ensuring the Products are used in an open space (preferably outdoors), away from other persons or animals and will not be directed at any person or property; and
  11. The Customer will only permit third parties to use the Products if they possess the skills and experience necessary to safely operate the Products and the Customer has provided to the third party prior notice of the existence of this Waiver.

iii.   The Customer acknowledges and agrees that due to the nature of the Products, including without limitation the inherent risks, the Vendor will not be responsible in any way for any injury to or death of the Customer or for the loss or damage of personal property of the Customer.

  1. In consideration of and as a pre-condition of purchasing the Product from the Vendor, the Customer hereby waives, to the fullest extent permitted by law, all of his or her legal rights of action against the Vendor and fully releases the Vendor from any and all loss, damage, claim, cost or expense incurred by or levied against the Vendor as a direct or indirect result of the injury or death to any person or damage to the personal property of any person howsoever arising out of or in relation to the use of the Product by the Customer or any third party, including without limitation, liability for any negligent or tortious act or omission, breach of duty, breach of contract or breach of statutory duty on the part of the Vendor, its office bearers, directors, employees or agents.
  2. In consideration of and as a pre-condition of purchasing the Product from the Vendor, the Customer hereby indemnifies the Vendor and keeps the Vendor indemnified, from and against any and all claims (which for the avoidance of doubt includes defending and paying any judgment, court costs, investigation costs, legal fees on a full indemnity basis and any other expenses incurred that relate to a breach of the terms contained in this waiver) made by the Customer or his or her legal personal representatives, executors, or administrators arising from death, physical or mental injury (including the aggravation or acceleration of an injury) or made by any other person, due to the Customer’s or a third party’s use of the Products and his or her conduct during that use.
  3. The Customer acknowledges all express or implied representations, conditions, warranties and provision, whether based in statute, or otherwise relating to provision of products and services pursuant to all contemplated by this Waiver that are not expressly set out in this Waiver are excluded to the extent permitted by law. Nothing in this Waiver excludes, restricts or modifies any condition, warranty, right or remedy, implied or imposed by any statute or regulation that cannot lawfully be excluded, restricted or modified.