In consideration of being allowed to participate in activities at, and to use the facilities, firearms, and equipment of the Winchester Canyon Gun Club (“WCGC”) and Los Padres National Forest (“LOS PADRES”), I (“I” or “Participant”) hereby acknowledge my voluntary agreement to engage in activities at the facilities and to use the facilities and equipment of WCGC and LOS PADRES, subject to the following terms and conditions:
1. ASSUMPTION OF RISK. I ACKNOWLEDGE AND AGREE THAT SHOOTING SPORTS, SELF-DEFENSE TRAINING, OR ANY OTHER ACTIVITIES THAT I MAY ENGAGE IN OR OBSERVE AT THE FACILITIES, WHETHER SPONSORED, HOSTED OR INSTRUCTED BY THE FACILITIES OR NOT (COLLECTIVELY, THE “ACTIVITIES”) ARE INHERENTLY HAZARDOUS AND INVOLVE BOTH KNOWN AND UNANTICIPATED RISKS WHICH COULD RESULT IN DAMAGE OR DESTRUCTION OF PROPERTY AND SERIOUS PHYSICAL OR EMOTIONAL INJURY, INCLUDING PARALYSIS OR DEATH, TO MYSELF OR TO OTHER PERSONS. The risks of engaging in or observing the Activities include, but are not limited to: shooting myself or others; being shot by others; partial or total loss of eyesight or hearing; trauma, burns, abrasions, amputation, paralysis, brain or spinal injuries, if pregnant – harm to myself or my fetus, or other injuries resulting from the normal and abnormal operation of firearms, ammunition and archery equipment; inhalation or other harmful contact with lead or other contaminants or toxic materials, which may, amongst other things, cause or contribute to illness, disease or other short-term, if pregnant – harm to myself or my fetus, long-term or terminal injury or ailment; being struck by flying, ricocheting or falling debris or projectiles; misfires or malfunctions of firearms and ammunition; and the acts or omissions of other participants. I HEREBY EXPRESSLY ACKNOWLEDGE THE RISKS, DANGERS AND HAZARDS ASSOCIATED WITH MY PARTICIPATION IN THE ACTIVITIES, MY USE OF THE FACILITIES (WHETHER AS A PARTICIPANT IN THE ACTIVITIES OR AS AN OBSERVER), MY USE OF FIREARMS, AND MY USE OF THE FACILITIES OR EQUIPMENT OF WCGC AND LOS PADRES, AND I FREELY ACCEPT AND ASSUME ANY AND ALL SUCH RISKS, DANGERS AND HAZARDS AND THE POSSIBILITY OF PERSONAL INJURY, DEATH, PROPERTY DAMAGE, AND LOSS RESULTING THEREFROM.
2. RELEASE AND INDEMNIFICATION. I, on behalf of myself, my next of kin, heirs, guardians, representatives, executors, administrators, successors and assigns (collectively, the “Participant Parties”), FOREVER RELEASE AND DISCHARGE WCGC and LOS PADRES PARTIES FROM ANY AND ALL CLAIMS, SUITS, ACTIONS, DEMANDS, DAMAGES, EXPENSES, LOSSES, CAUSES OF ACTION, ATTACHMENT OF PROPERTY, OR LIABILITY OF ANY KIND WHATSOEVER, AT COMMON LAW, STATUTORY OR OTHERWISE (COLLECTIVELY, “CLAIMS”), THAT I OR THE PARTICIPANT PARTIES MAY HAVE FOR PROPERTY DAMAGE, PERSONAL INJURY, DEATH OR ANY OTHER CAUSE OF ACTION ARISING OUT OF, ASSOCIATED WITH, OR RESULTING FROM MY ENGAGING IN OR OBSERVING THE ACTIVITIES AT OR IN THE FACILITIES, MY USE OF FIREARMS AT OR IN THE FACILITIES, WHETHER SUCH FIREARMS BELONG TO MYSELF, THE FACILITIES OR ANY OTHER PARTY, AND MY USE OF THE FACILITIES, VEHICLES, OR EQUIPMENT OF WCGC OR LOS PADRES, EVEN IF SUCH CLAIMS RESULT PARTIALLY OR WHOLLY FROM ANY ACT OR OMISSION OF ANY OF THE WCGC AND LOS PADRES PARTIES, INCLUDING, WITHOUT LIMITATION, ANY NEGLIGENT ACT OR OMISSION OF ANY OF THE WCGC AND LOS PADRES PARTIES AND ANY NEGLIGENT OR OMITTED FIRST-AID OR RESCUE OPERATIONS OR PROCEDURES. I FURTHER AGREE TO FULLY DEFEND, INDEMNIFY AND HOLD EACH OF THE WCGC AND LOS PADRES PARTIES HARMLESS FROM ANY AND ALL CLAIMS, INCLUDING REASONABLE ATTORNEY’S FEES AND COSTS AND ANY CLAIM THAT ALLEGES THE NEGLIGENCE IN WHOLE OR IN PART OF ANY OF THE WCGC AND LOS PADRES PARTIES, ARISING OUT OF, ASSOCIATED WITH, OR RESULTING FROM MY ENGAGEMENT IN OR OBSERVANCE OF THE ACTIVITIES AT OR IN THE FACILITIES, MY USE OF FIREARMS AT OR IN THE FACILITIES, WHETHER SUCH FIREARMS BELONG TO MYSELF, THE FACILITIES OR ANY OTHER PARTY, MY USE OF THE FACILITIES OR EQUIPMENT OF WCGC AND LOS PADRES, OR ANY BREACH OF ANY COVENANT OR AGREEMENT OF PARTICIPANT HEREUNDER, EACH TO THE EXTENT THAT SUCH CLAIM RESULTS PARTIALLY OR WHOLLY FROM ANY ACT OR OMISSION OF PARTICIPANT, INCLUDING, WITHOUT LIMITATION, ANY NEGLIGENT OR GROSSLY NEGLIGENT, INTENTIONAL, RECKLESS, WANTON OR WILLFUL ACT OR OMISSION OF PARTICIPANT, OR ANY ACT OR OMISSION THAT WOULD SUBJECT PARTICIPANT TO STRICT LIABILITY. I AGREE THAT WCGC AND LOS PADRES MAY CHARGE ME FOR THE COST TO REPAIR ANY DAMAGE TO WCGC AND LOS PADRES FACILITIES OR EQUIPMENT CAUSED BY MY NEGLIGENT, GROSSLY NEGLIGENT, INTENTIONAL, RECKLESS, WANTON OR WILLFUL ACTS.
3. MEDICAL CERTIFICATION. I certify that I have no medical, physical, or emotional conditions that might or could interfere with my safety and the safety of others in connection with my engagement in or observation of any Activities and I am of sound mind, mentally competent, and have the requisite health and fitness to engage therein. I further certify that I have adequate insurance to cover any injury or damage I may cause or suffer in connection with my engagement in or observation of the Activities, or else I agree to the bear the costs of such injury or damage. In the event that I (i) am pregnant or become pregnant, or (ii) develop any medical, physical or emotional conditions that might or could interfere with my safety and the safety of others in connection with my engagement in or observation of any Activities, I certify that I will consult with a physician before participating or continuing to participate in any Activities.
4. SAFETY RULES AND EQUIPMENT. I agree (a) to abide by all written, video, online, posted and verbally issued safety rules or instructions issued by the Facilities’ instructors, range masters, safety officers or employees; (b) that, in order to safely engage in or observe the Activities, proper safety equipment is required, including, without limitation, appropriate eye and hearing protection and proper clothing and footwear; (c) that I will supply, and at all times properly use, appropriate safety equipment, (d) that I will not engage in or observe any Activities, including but not limited to handling or operating any firearm, while under the influence of drugs or alcohol, and (e) while operating or riding in golf-carts or other motorized vehicles, shall use due caution.
5. ELIGIBILITY TO OWN/USE FIREARMS. I certify that I meet the requirements of all federal and state statutes, rules and regulations which regulate my ability to purchase, own, use or possess firearms, and that I: (a) am not under indictment or information in any court for a felony, or any other crime punishable by imprisonment for a term exceeding one year; (b) have never been convicted in any court of a felony, or any other crime punishable by imprisonment for a term exceeding one year; (c) am not a fugitive from justice; (d) am not an unlawful user of, or addicted to, marijuana or any depressant, stimulant, narcotic drug or any other controlled substance; (e) have never been adjudicated mentally defective or been committed to any mental institution; (f) have not been discharged from the Armed Forces under dishonorable conditions; (g) am not subject to a court order restraining me from harassing, stalking, or threatening my child or an intimate partner or child of such partner; (h) have never been convicted in any court of a misdemeanor crime of domestic violence; (i) have never renounced my United States citizenship; (j) am not an alien who is illegally in the United States; and (k) am not an alien admitted to the United States under a nonimmigrant visa that fails to meet the qualifications for purchasing, receiving, or possessing a firearm under Federal law. I further certify that if at any time in the future I become subject to any of the foregoing, I will promptly notify WCGC AND LOS PADRES before participating in any further Activities at the Facilities.
6. NO WARRANTIES. I acknowledge and agree that the WCGC AND LOS PADRES Parties make no warranty to the design, manufacture, maintenance, condition or fitness for any particular purpose of any facilities or equipment, including, without limitation: firearms, ammunition, eye/hearing protection, first-aid supplies, target and tactical simulation systems, golf carts, and vehicles, and that I will not operate any firearms, vehicles, or equipment with which I am not completely familiar without first engaging the assistance and/or training of the appropriate Facilities personnel.
7. WCGC AND LOS PADRES PARTIES. “WCGC AND LOS PADRES PARTIES” means Winchester Canyon Gun Club and Los Padres National Forest, and each of their respective managers, directors, officers, members, general partners, limited partners, employees, agents, contractors, representatives, parents, subsidiaries and affiliates. I agree that “WCGC AND LOS PADRES PARTIES” shall also include any customer of the WCGC AND LOS PADRES Parties who is sponsoring or hosting an event at any of the Facilities at which I am attending or participating.
8. MINORS. In the event that I am acknowledging this Release as the parent or legal guardian of a participant under the age of 18 (a “Minor”), in consideration of Minor being allowed to participate in the Activities, and to use the facilities, firearms and equipment of WCGC AND LOS PADRES, I consent and agree to each and every term of the foregoing Release, INCLUDING, BUT NOT LIMITED TO, THE EXTENT TO WHICH SUCH RELEASE INCLUDES ANY CLAIM THAT ALLEGES THE NEGLIGENCE IN WHOLE OR IN PART OF THE WCGC AND LOS PADRES PARTIES and I further AGREE TO DEFEND, INDEMNIFY AND HOLD EACH OF THE WCGC AND LOS PADRES PARTIES HARMLESS FROM AND AGAINST ANY AND ALL CLAIMS OF ANY KIND THAT ALLEGES THE NEGLIGENCE IN WHOLE OR IN PART OF THE WCGC AND LOS PADRES PARTIES, BROUGHT BY, OR ON BEHALF OF, SAID MINOR. I certify that Minor has no medical, physical, mental or emotional conditions which could interfere with Minor’s safety and the safety of others in connection with Minor’s engagement in or observance of any of the Activities or use of the Facilities, and is willing to assume all risks and responsibilities that Minor’s condition or actions create, directly or indirectly, and shall bear all liabilities and costs for the same. I further certify that the Minor shall be accompanied by and under the direct supervision of a parent or legal guardian of Minor at all times while at the Facilities and while engaging in or observing any activities.
9. SEVERABILITY. I agree that if any term or other provision of this Release from Liability & Indemnification Agreement (this “Release”) is invalid, illegal, or incapable of being enforced by any law or public policy, all other terms or provisions of this Release shall nevertheless remain and continue in full force and effect.
10. GOVERNING LAW AND VENUE. I agree that this Release shall be governed by, construed and enforced in accordance with the laws of the State of California, without regard to its conflicts of laws rules. Further, I hereby irrevocably submit to the exclusive jurisdiction of the state court located within Santa Barbara County, California, over any dispute arising out of or relating to this Release and irrevocably agree that all claims in respect of such dispute or any suit, action proceeding related thereto shall be heard and determined exclusively in such court. I further hereby irrevocably waive, to the fullest extent permitted by applicable law, any objection which I may now or hereafter have to the laying of venue of any such dispute brought in such court or any defense of inconvenient forum for the maintenance of such dispute. I agree that a judgment in any such dispute may be enforced in other jurisdictions by suit on the judgment or in any other manner provided by law.
11. BINDING FUTURE EFFECT; TERMINATION; ELECTRONIC COPIES. I agree that, for my own convenience, this Release shall be effective and apply to all of my present and future (a) use of the Facilities; (b) use of the facilities, firearms and equipment of WCGC AND LOS PADRES; and (c) engagement in or observation of any Activities at the Facilities. This Release shall terminate only upon written notice thereof by the Participant to WCGC AND LOS PADRES. This Release may be executed by handwritten or electronic signature, and by facsimile or via email, each of which shall be an original of this Release.
12. KNOWING AND VOLUNTARY EXECUTION. I HAVE CAREFULLY READ AND FULLY UNDERSTAND THE CONTENTS OF THIS RELEASE. I AM AWARE THAT THIS RELEASE IMPOSES INDEMNITY OBLIGATIONS AND LIMITATIONS ON MY LEGAL RIGHTS. I SIGN THIS RELEASE ON MY OWN FREE WILL.
*I CERTIFY THAT I AM NOT A PROHIBITED PERSON AND CAN LAWFULLY POSSESS FIREARMS
Signing this form is voluntary. However, use of range or presence on premises is dependent on signature
We reserve the right to refuse/revoke service or admittance.
WINCHESTER CANYON GUN CLUB RANGE RULES
1. The RANGEMASTER and TRAPMASTER have ABSOLUTE AND FINAL AUTHORITY OVER THE RANGES AND FIELDS, AND MAY EXPEL ANYONE AT THEIR SOLE DISCRETION. Safety is our highest priority. Anyone who sees a violation of these Range Rules or any unsafe activity should inform the Rangemaster or Trapmaster immediately. If neither is available, the person seeing the problem has the responsibility and authority to correct the violation as quickly as safety permits. Safety is EVERYONE’s responsibility.
2. All shooters MUST sign a disclaimer prior to any shooting on the ranges during open-to-the-PUBLIC operating hours. This includes all events. Adults must sign a disclaimer for all minors that they accompany. All guests of shooters MUST sign a disclaimer prior to any shooting on the ranges during member hours.
3. Minors under the age of 18 MUST be under the direct control and immediate close supervision of a responsible accompanying adult at all times on any range. IN ADDITION, in order to shoot a handgun at WCGC, a person under 18 MUST be under the direct control of a parent or legal guardian, or have the written permission of a parent or legal guardian. WCGC employees will NOT act as an accompanying adult.
4. Instruction. A certified firearms instructor approved by the Board MUST be present whenever live fire instruction is given at any Club sponsored event.
5. BOTH EYE AND HEARING PROTECTION ARE MANDATORY for anyone on or nearby any Range or firing line.
6. Use only handguns on the Handgun Range, rifles on the Rifle Range, and only shotguns on the Trap and Skeet Fields. Handguns and shotguns are permitted on the 200 yard range IF REQUIRED DURING A BOARD APPROVED EVENT. .22 rimfire rifles are permitted on the handgun range or rifle range. Class III firearms are permitted only for board-approved events such as Law Enforcement training. Firing modern rifles chambered for caliber .50 BMG and larger is prohibited. This prohibition does not apply to handguns, muzzle loading firearms or rifles chambered for one of the early black powder cartridges.
7. Point muzzles in a safe direction. When not on the firing line, all firearms will be unloaded, with action open and muzzle pointed in a safe direction (usually pointed down on the shotgun fields and up on rifle and handgun ranges). Rifles not in use will be completely unloaded, with actions open and racked or cased. Unused handguns will be completely unloaded, with actions open, and placed on a bench or cased. Leaving the range area with a holstered handgun may be allowed at the discretion of the Rangemaster. At no time will a firearm be loaded except when shooting on the firing line or on command during a match or event. Drawing and firing a handgun from a holster is allowed only if required by the certified instructor or event chair.
8. Targets. It is prohibited to shoot at structures, walls, exploding targets, glass, rocks, hard flat surfaces, or trash. Do NOT place targets where they may cause rounds to "skip" out of the range boundaries. Use only paper targets, posted on properly constructed frames or the range- supplied metal gongs on the handgun range. Board authorized events may feature other targets including, metallic silhouettes, bowling pins and falling steel plates. Only bio-degradable clay targets are allowed on the shotgun fields.
9. Aimed fire only. Poorly aimed rapid fire (Spray and Pray) is prohibited on all ranges at all times.
10. Stay behind the firing line. No one shall go forward of the rifle or handgun bay pads or shotgun shooting stations for any reason while the range is live. The range or field must be closed and the red flag properly posted in front of the firing lines before going downrange.
11. Cease fires. When a cease fire is called, all firearms must be completely unloaded, actions must be opened, rifles must be placed in a rack, and handguns must be placed on a bench or in a case. Handling of firearms is absolutely forbidden for any reason whenever anyone is forward of the firing line.
12. Use of the club by members: The club is closed to all shooting on the equinoxes, solstices, and board-approved Native American ceremonial days. Use of the ranges by members and their guest(s) is allowed on all other days from sunrise to sunset. Members must be present with their guest(s). Lending WCGC membership cards or gate combinations is prohibited. Gates shall be kept locked except when the ranges are open to the general public. Only Board authorized personnel may open containers, or club buildings.
13. Use of the 200 yard range is restricted. During public hours of operation, access to the 200 yard range is limited to board authorized events and under control of the Rangemaster with coordination of the event chair. Individual shooters may be allowed to use the 200 yard range at the sole discretion of the Rangemaster. During member-only hours when not open to the general public, members who wish to use the 200 yard range must first set the sign at the handgun range to indicate that the 200 yard range is in use. Whenever the 200 yard range is in use, no person on either the 200 yard range or the handgun range may proceed past their respective 50 yard target lines until a mutual cease fire has been established. The mutual cease fire may be accomplished by any reliable method of communication. The last shooter leaving the 200 yard range must stop and change the sign on the handgun range indicating that the 200 yard range is no longer in use.
14. Clean-up. Leave the range in better condition than you found it. Clean up brass, empty shells, and targets. Put unfired or DUD rounds in the appropriate containers or take them with you. Do NOT put them in the regular trash.
15. NO ALCOHOLIC BEVERAGES MAY BE CONSUMED ON THE FIRING LINE. Persons under the influence of alcohol or drugs are not permitted on any firing line. ALCOHOL CONSUMPTION IS STRICTLY FORBIDDEN ON THE RIFLE AND HANDGUN RANGES. The Trapmaster may allow alcoholic beverages at the clubhouse on the shotgun side.
16. Respect those around you! Keep ALL pets on a leash or contained at all times. Pets are NOT allowed on any firing line or shotgun station at any time. Behavior that disturbs or distracts others is dangerous and prohibited. Follow the RULES specific to any range, field or event. Comply immediately with direction from the Rangemasters, Trapmasters or event chairs. Your life and the safety and lives of those around you depend on it.
I HAVE READ THESE RULES AND AGREE TO CONDUCT MYSELF IN ACCORDANCE WITH THEM.
Date Signed: January 24, 2022