Range Guest Pass
RISK, LIABILITY, WAIVER, INDEMNITY and PERSONAL INFORMATION AGREEMENT
THIS DOCUMENT WILL AFFECT YOUR LEGAL RIGHTS AND OBLIGATIONS
READ CAREFULLY BEFORE SIGNING
SUBMISSION OF THIS FORM, ONCE COMPLETED AND SIGNED, IS A MANDATORY PRECONDITION FOR MEMBERSHIP AND/OR ACCESS TO VFGPA FACILITIES
To: The Victoria Fish & Game Protective Association (VFGPA) and its directors, executive, officers, agents, employees, volunteers, members, participants, spectators, independent contractors, sub-contractors, sponsors, successors and assigns (collectively, the “Releasees”);
I understand that my entry into this Agreement is a precondition of my being permitted to take part in VFGPA activities and/or access VFGPA facilities.
1) Definition of VFGPA Activities:
The term “VFGPA Activities” shall include all activities, sports, events, programs, courses of instruction and services that are provided, organized or hosted by the Releasees, or any of them, including those activities involving, but not limited to, the use of firearms, ammunition of various types designed to propel projectiles and/or generate smoke/gasses, ammunition reloading, high velocity targets, pyrotechnics, archery equipment, airsoft devices, edged or pointed sport implements, fishing equipment, target shooting, motorcycle training, tree harvesting, ultralight aircraft, domestic animal training, communications equipment, practices, competitions, independent training, law enforcement training, military training, courses of instruction, individual and family recreation, camping, organizational meetings, swap-shops and sport specialty shows offered by VFGPA, on or off VFGPA property.
2) I HEREBY ACKNOWLEDGE AND AFFIRM:
A. That VFGPA facilities incorporate shooting ranges where firearms may be legally discharged and might be discharged at any time;
B. That the use of, or proximity to, firearms, ammunition, pyrotechnics, implements of archery, edged or pointed sport implements, airsoft emitters, and other paraphernalia related to firearms and the discharge thereof are potentially dangerous and there are certain inherent risks and hazards to life, injury and personal property associated with participation in, or proximity to, any such activities, and the toxins or harmful contaminants which may result from such activities;
C. That the rural location of VFGPA facilities is subject to activities potentially dangerous to life, injury and damage to personal property including but not limited to logging, the movement of heavy machinery and the presence of both domestic and wild animals;
D. I, my dependents and my guests will wear visual eye and acoustic ear protection at all times when on an active shooting range whether shooting or merely observing;
E. That upon entering VFGPA property or utilizing any VFGPA facilities, I do so at my sole and absolute risk, notwithstanding that I may or may not be familiar with any or all aspects of firearms including their discharge, ammunition, pyrotechnics, archery, airsoft or edged/pointed sport implements and other related paraphernalia and the risks and hazards associated with them;
F. That while present on or using VFGPA facilities I am absolutely and solely responsible for my personal conduct, safety and well being as well as the conduct, safety and well being of any guest accompanying me including, without limitation, any minor;
G. That while at VFGPA ranges or otherwise on VFGPA property I will follow all warnings posted or given to me by range staff or those acting as safety officers and I will follow safe shooting practices;
H. That it is my sole responsibility to read, understand and to follow the rules, regulations and protocols as published on the VFGPA website and may be subject to correction and update from time to time and to ensure that any dependants and guests accompanying me also conform. If I or my guest fail to obey range staff instructions, range rules, basic firearm safety rules, VFGPA policies, or any other term of this Agreement, I may be subject to expulsion from the range, suspension or revocation of my membership or range usage rights; and
I. That it is my sole responsibility to read and understand this agreement as a precondition to obtaining access to VFGPA property and to access the activities, services and facilities contained and provided therein.
3) PERSONAL INFORMATION CONSENT
I hereby consent to the Releasees collecting, storing, using and disclosing my personal information set out in this document and, if applicable, my membership application form, for purposes of identifying and communicating with me, processing payments, responding to emergencies, ensuring the orderly management of VFGPA Activities and to comply with legal requirements.
4) PERSONAL INCIDENT REPORTING
I understand that if I am involved in a safety or conduct related incident at any other range that results in my removal from that range or loss of privileges at that range, I must report the incident in writing to the VFGPA Chief Range Safety Officer within 30 days of the incident or upon initial application for VFGPA membership or I may risk loss or refusal of membership in VFGPA. I also understand that if I am disciplined by VFGPA for a safety or conduct violation, the circumstances including my identity may be reported by VFGPA to other Ranges, sport competition authorities and the RCMP Firearms Officer.
5) RELEASE OF LIABILITY, WAIVER OF CLAIMS AND INDEMNITY AGREEMENT
In consideration of the Releasees allowing me to access VFGPA property and to participate in activities therein I agree as follows:
A. By signing this document, I fully acknowledge the risks, dangers and hazards set out herein and I freely accept and assume all such risks and the possibility of injury, death, property damage or loss resulting therefrom.
B. TO WAIVE ANY AND ALL CLAIMS that I have or may have at any time against the Releasees and to release the Releasees from any and all liability from any loss, damage, expense or injury, including death, that I may suffer as a result of my presence on VFGPA property or participation in VFGPA Activities DUE TO ANY CAUSE WHATSOEVER including, but not limited to:
i. Negligence on the part of the Releasees;
ii. Breach of Contract by the Releasees;
iii. Breach of warranty on the part of the Releasees with respect to the design, selection, manufacture, installation, adjustment or maintenance of equipment or structures;
vi. Breach of any statutory or other duty of care including duty of care owed under the Occupiers Liability Act, RSBC 1966, c.303, on the part of the Releasees; and
v. Failure of the Releasees to protect me from the risks, dangers and hazards, some of which are referred to elsewhere in this agreement.
C. TO INDEMNIFY THE RELEASEES from any and all liability for damage, loss, expense or injury to any third party resulting from my participation in VFGPA activities;
D. In the event of my death or incapacitation, this agreement shall be effective and binding upon my heirs, next-of-kin, executors, assigns and representatives;
E. This Agreement shall be governed and interpreted in accordance with the laws of British Columbia. Any litigation involving the parties to this agreement shall be brought within British Columbia.
F. This Agreement will continue in full force and effect regardless of any subsequent renewal of my annual membership in VFGPA or reissuance of a Day Pass.
6) In entering into this Agreement I am not relying on any oral, visual or written representation or statements made by the Releasees with respect to the safety of VFGPA Activities other than what is in this agreement.
7) I HAVE READ THIS AGREEMENT BEFORE SIGNING IT AND UNDERSTAND ITS TERMS. I UNDERSTAND THAT BY SIGNING THIS AGREEMENT, I AM AFFECTING MY LEGAL RIGHTS AND OBLIGATIONS AND THOSE OF MY HEIRS, EXECUTORS, ADMINISTRATORS AND LEGAL REPRESENTATIVES.
November 30, 2021