MUNICIPAL DISTRICT OF RANCHLAND NO. 66
BIDDER WAIVER, RELEASE OF LIABILITY, ASSUMPTION OF RISK AND INDEMNITY AGREEMENT
WARNING: BY REGISTERING AND BIDDING FOR ITEMS YOU WILL WAIVE CERTAIN LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE, CLAIM DAMAGES AND SEEK COMPENSATION
This Bidder Waiver, Release of Liability, Assumption of Risk and Indemnity Agreement (the “Agreement”) applies to all users (“Bidders”) who register for and participate in online surplus auctions conducted by the Municipal District of Ranchland No. 66 (the “MD”) through the MD’s online auction platform (the “Platform”).
By creating an account, registering as a Bidder, or placing a bid, the Bidder acknowledges and agrees to the following terms.
1. WAIVER, RELEASE AND INDEMNITY
The Bidder, for themselves and their heirs, executors, administrators, personal representatives, and assigns, agrees as follows:
(a) TO WAIVE OF ANY AND ALL CLAIMS of every nature and kind, whether at law, in equity, or under statute, that the Bidder has or may have in the future against the MD, its councillors, employees, agents, contractors, successors, assigns, and representatives (collectively, the “MD Parties”).
(b) TO RELEASE the MD Parties from any and all liability for injury, death, property damage, property loss, economic loss, or any other loss or expense arising from or related to this Agreement, the use of the Platform, or the purchase, possession, transport, or use of any item, due to any cause whatsoever, including negligence, gross negligence, or willful acts or omissions of the MD Parties.
(c) TO HOLD HARMLESS AND INDEMNIFY the MD Parties from any and all liability for injury, death, property damage, property loss, or any other loss or expense suffered by any third party as a result of the Bidder’s participation in the auction, use of the Platform, or purchase, possession, transport, or use of any item.
(d) THAT THIS AGREEMENT WILL BE EFFECTIVE AND BINDING UPON the Bidder and their heirs, next of kin, executors, administrators, and assigns.
2. AS‑IS, WHERE‑IS SALE
All items offered for sale through the Platform are sold strictly “as‑is, where‑is,” with all faults and defects, whether apparent or hidden. The MD makes no representations, warranties, or conditions of any kind, express or implied, including any warranty of merchantability, fitness for a particular purpose, durability, or accuracy of descriptions, specifications, or photographs. The Bidder is solely responsible for inspecting items prior to bidding and determining their condition and suitability.
3. ASSUMPTION OF RISK
The Bidder acknowledges and accepts all risks associated with bidding on, purchasing, inspecting, picking up, transporting, or using any item purchased through the Platform. These risks include, without limitation, defects, malfunctions, missing components, inaccuracies in descriptions, and risks associated with entering MD property for inspection or pickup.
4. RELEASE OF LIABILITY
To the fullest extent permitted by law, the Bidder releases and forever discharges the MD Parties from any and all claims, demands, losses, damages, actions, or causes of action arising out of or relating to:
• the condition, quality, or suitability of any item
• the purchase, possession, transport, or use of any item
• the bidding process or operation of the Platform
• any injury, death, property damage, or loss occurring during inspection or pickup
This release applies regardless of the cause, including negligence or alleged negligence of the MD Parties.
5. PICKUP, LOADING, AND SITE SAFETY
The Bidder is solely responsible for the safe pickup, loading, and transport of purchased items. The MD does not provide loading assistance and is not responsible for any injury, damage, or loss occurring during pickup or while on MD property. The Bidder assumes all risks associated with entering MD premises and must bring appropriate equipment and personnel.
6. BIDDING AND ACCOUNT RESPONSIBILITY
All bids are final, irrevocable, and binding. The Bidder is responsible for all bids placed through their account, whether placed intentionally, unintentionally, or by any person using the Bidder’s login credentials. The MD may cancel bids, refuse registration, or terminate accounts at its sole discretion.
7. VEHICLE‑SPECIFIC TERMS (IF APPLICABLE)
Where vehicles are sold, the MD makes no representation regarding:
• roadworthiness or mechanical condition;
• safety or emissions compliance;
• the presence or absence of liens; or
• suitability for registration or operation.
The Bidder is solely responsible for conducting all necessary inspections, searches, repairs, and registration requirements
8. LIMITATION OF LIABILITY
In no event shall the MD be liable for any indirect, incidental, special, punitive, or consequential damages.
If the MD is found liable for any reason, the MD’s total liability shall not exceed the purchase price actually paid by the Bidder for the item giving rise to the claim.
9. GENERAL
This agreement is intended to be as broad and inclusive as is permitted by the laws of the Province of Alberta and that if any portion of this agreement is held invalid or unenforceable by a court of competent jurisdiction, it is agreed that the balance shall, notwithstanding, continue in full legal force and effect. It is hereby agreed that the court of the Province of Alberta shall have exclusive jurisdiction to entertain any action or proceeding out of this Agreement or the use of the Platform.
I have had the opportunity of obtaining legal advice concerning this agreement and its effect on me.
By creating an account, checking the acceptance box, or placing a bid, the Bidder confirms that they have read, understood, and agree to be legally bound by this Agreement. Electronic acceptance constitutes a binding agreement between the Bidder and the MD.
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