Kelowna & District
RELEASE OF LIABILITY, WAIVER OF CLAIMS AND ASSUMPTION OF RISKS AGREEMENT (hereinafter referred to as the “Release Agreement”) BY SIGNING THIS AGREEMENT YOU WILL WAIVE OR GIVE UP CERTAIN LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE OR CLAIM COMPENSATION FOLLOWING AN ACCIDENT
PLEASE READ CAREFULLY!
ASSUMPTION OF RISKS
I am aware that attending a shooting range and participating in shooting sports, and, more specifically, using Club Facilities and participating in Club Activities, involves many risks, dangers and hazards. These risks, dangers and hazards include but are not limited to environmental hazards (such as noise and lead pollution) and being struck by a projectile. These risks, dangers and hazards can result in serious illness, injury, or death caused by the negligence of other persons or NEGLIGENCE OF THE CLUB, INCLUDING THE FAILURE ON THE PART OF THE CLUB TO TAKE REASONABLE STEPS TO SAFEGUARD OR PROTECT ME FROM THE RISKS, DANGERS AND HAZARDS REFERRED TO ABOVE.
I am also aware that the risks, dangers and hazards referred to above exist throughout the Club's grounds. I FREELY ACCEPT AND FULLY ASSUME ALL SUCH RISKS, DANGERS AND HAZARDS AND THE POSSIBILITY OF PERSONAL INJURY, DEATH OR PROPERTY DAMAGE OR LOSS RESULTING THERE FROM.
RELEASE OF LIABILITY AND WAIVER OF CLAIMS
In consideration of the Club permitting my use of Club Facilities, allowing me to participate in Club Activities, for accepting my application to be a KDFGC member, and for other good and valuable consideration, the receipt and sufficiency of which is acknowledged, I hereby agree as follows:
1. TO WAIVE ANY AND ALL CLAIMS that I have or may in the future have against THE CLUB and TO RELEASE THE CLUB from any and all liability for any loss, damage, expense or injury including death that I may suffer, or that my next of kin may suffer resulting from either my use of or my presence on Club Facilities and/or participating in Club Activities, DUE TO ANY CAUSE WHATSOEVER, INCLUDING NEGLIGENCE, BREACH OF CONTRACT, OR BREACH OF ANY STATUTORY OR OTHER DUTY OF CARE. THIS INCLUDES ANY DUTY OF CARE UNDER THE OCCUPIERS’ LIABILITY ACT, RSBC 1996 CHAPTER 337 ON THE PART OF THE CLUB, AND ALSO INCLUDES THE FAILURE ON THE PART OF THE CLUB TO TAKE REASONABLE STEPS TO SAFEGUARD OR PROTECT ME FROM THE RISKS, DANGERS AND HAZARDS REFERRED TO ABOVE;
2. This Release Agreement shall be effective and binding upon my heirs, next of kin, executors, administrators, assigns and representatives, in the event of my death or incapacity;
3. This Release Agreement and any rights, duties and obligations as between the parties to this Release Agreement shall be governed by and interpreted solely in accordance with the laws of the Province of British Columbia and no other jurisdiction; and,
4. Any litigation involving the parties to this Release Agreement shall be brought solely within the Province of British Columbia and shall be within the exclusive jurisdiction of the Courts of the Province of British Columbia.
5. I AGREE TO HOLD HARMLESS AND TO INDEMNIFY THE CLUB from any and all liability from property damage and personal injury to any third party, resulting from my use of the Club Facilities and/or participation in Club Activities; AND THAT, this Release of Liability shall be effective and binding upon my heirs, next of kin, executors, administrators, and assigns may have against the Club.
I HAVE READ AND UNDERSTAND THIS RELEASE AGREEMENT AND I AM AWARE THAT BY SIGNING THE MEMBERSHIP AGREEMENT, OF WHICH THIS RELEASE AGREEMENT IS PART, I AM WAIVING CERTAIN LEGAL RIGHTS WHICH I OR MY HEIRS, NEXT OF KIN, EXECUTORS, ADMINISTRATORS, ASSIGNS AND REPRESENTATIVES MAY HAVE AGAINST THE CLUB.