THIS IS A BINDING LEGAL AGREEMENT. Read it carefully before signing. By signing this Agreement, you are waiving important legal rights, including the right to sue or claim compensation following accident, illness, injury or death. For purposes of this Agreement, WCRA and Waterloo County Revolver Association means Waterloo County Revolver Association and its officers, officials, directors, members, owners, shareholders, employees, agents, volunteers, and representatives.
This Agreement is between Waterloo County Revolver Association (hereinafter “WCRA”) and the undersigned (hereinafter the “Participant” or first person). Initialing the boxes and your signature at the end of this Agreement indicate that you have read the Agreement terms and agree to them, that you understand the contents of the Agreement, that you have asked questions about any term of this Agreement that you may not understand, and that you are agreeing to be legally bound by all terms and conditions set forth in this Agreement.
1. Agreement to Follow all Safety Rules and Directions:
In consideration for me being permitted access and use of any and all shooting, training and practice ranges of WCRA, whether used for live or virtual fire, in any capacity (the “Range”), including, if applicable, WCRA’s property of any form, tangible or intangible, including real estate, buildings, erections, goods, products, firearms, ammunition, or any object owned, whether wholly or partially by WCRA (collectively, the “Property”), I (Participant), hereby agree to follow and comply with the written safety rules, Range procedures, and directions, whether written or oral, of the WCRA.
I acknowledge that I have read the Range Rules for the WCRA, that I understand those rules and that I agree to comply with them as a condition to my presence at and participation in activities at the WCRA. I understand that the WCRA rules may change from time to time. I agree to comply with all revisions to those Rules. I agree to be responsible for any breach of the rules made by my guests.
2. Non-prohibited Person Declaration:
By signing this Agreement, I declare that:
a. I will not be under the influence of alcohol, marijuana, or any illegal, prescription or over-the-counter drug that may or do impair my mental and/or physical faculties while in the Property, using the Range, and/or participating in related activities.
b. I have never been adjudicated mentally defective or committed to a mental institution; and I 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.
c. I am, and will be, a lawful holder of a valid Restricted Possession and Acquisition License (“RPAL”) if I am bringing Restricted firearms to the Range and/or Property. I am, and will be, a lawful holder of a valid Possession and Acquisition License (“PAL”) or an RPAL if I am bringing Non-Restricted firearms to the Range and/or Property.
d. I am a person who is, either:
(a) a member or an officer of the WCRA; or
(b) a guest of a person referred to in paragraph (a); or
(c) an individual who ordinarily resides outside of Canada who is either a member of a recognized shooting organization or a guest described in paragraph (b).
e. If I am signing for a minor or minors, I have full legal authority to sign as their guardian and waive their rights. Furthermore, if there is a challenge to my right as legal guardian authority, I assume full and unconditional responsibility and will pay for any expenses, including but not limited to, legal fees involved in any lawsuit or action that may arise.
f. If I am a minor under the age of 18 years old, I will not handle any firearm without explicit instruction and supervision by my legal guardian.
3. Assumption of Risk:
I understand that my use of WCRA’s Range and Property involves numerous serious risks, including the risk of death, serious physical injury and property damage. These risks involve, but are not limited to, the risk that I may be injured by: shooting myself or being shot by someone else; being injured by ricochet bullets or fragments, splatter or splash back from targets, target frames or the Range backstop; risk of firearms or ammunition exploding or bursting; risk of my falling, slipping, tripping or stumbling anywhere in the WCRA Range or its Property; risk of my suffering serious eye injury or blindness, hearing loss or deafness, brain damage, lead poisoning, broken bones, paralysis, sprains, strains, burns, cuts and other injuries resulting from the use of WCRA’s Range and Property; risks of emotional and psychological injury; and other risks too varied and numerous to specify. I understand and acknowledge such risks, and hereby knowingly, voluntarily, and expressly choose to use WCRA Range and Property and hereby assume full and exclusive responsibility for all such risks, known or unknown, associated with, because of, arising out of, in connection with or in relation to the use of the Range and/or Property, including those which may be caused by the negligence or claimed negligence of WCRA, breach of contract, mistakes or errors in judgement, and also including the failure on the part of the Releases (as defined in this document) to safeguard or protect me from the risks, dangers and hazards of the activities referred to above.
If I am signing for a minor or minors, I acknowledge that I have read and understood the foregoing and acknowledge the risks to my child.
4. Waiver and Liability Release:
I agree to assume full responsibility for all damages, including, but not limited to, personal injury, death, disability, medical and/or other expenses and personal property damage, which I may sustain associated with, because of, arising out of, in connection with or in relation to my use of WCRA’s Range and/or Property. I hereby forever release, discharge, and agree not to sue WCRA, its members, officers, directors, employees, volunteers, temporal workers, event organizers, independent contractors, subcontractors, lessees, sponsors, agents, insurers, representatives, successors, assigns, affiliates, and others acting on their own or on WCRA’s behalf (collectively, the “Releasees”) from and/or for all claims, liabilities of any kind, demands, damages (including but not limited to direct, indirect, incidental, special and/or consequential damages), losses, costs (including but not limited to court costs, attorneys’ fees and litigation expenses arising from any legal proceedings which I might bring contrary to this Agreement), actions, or causes of action of any kind or nature (whether they occur now or in the future, and whether they are known or unknown), that may be associated with, because of, arising out of, in connection with or in relation to my use of the Range and/or Property (collectively, “Claims”). I hereby waive any right I may have to make Claims against the Releasees for any damages sustained by me that may directly or indirectly be associated with, because of, arising out of, in connection with or in relation to my use of the Range and/or Property due to any cause whatsoever, including negligence, gross negligence, breach of statutory duty of care and/or breach of the Occupier’s Liability Act on the part of the Releasees. I understand and agree that the foregoing waiver and liability release applies even if the Claims are caused by the negligent acts, omissions, and carelessness of any of the Releasees. I understand and agree that the foregoing waiver and liability release applies to myself, as well as my spouse, children, parents, guardians, heirs, administrators, personal representatives, successors, assigns, or any other person who might submit a Claim or sue on my behalf. This Waiver and Liability Release includes, without limitation, Claims related to (i) my use of the Range and Property, (ii) the condition and maintenance of the Range and Property, and (iii) the content and sufficiency of instruction and training, if any, which may be provided.
5. Hold Harmless and Indemnification:
I shall indemnify and hold harmless WCRA and Releasees against any and all losses, damages, liabilities, deficiencies, claims, actions, judgements, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including attorneys’ fees and the costs of enforcing any right to indemnification under this Agreement and the cost of pursuing any insurance providers, arising out of, or resulting from, any claim of a third party related to my use of the Range and/or Property and arising from my conduct or actions. I hereby agree to pay WCRA for loss or damage due to my own intentional act, negligence, or carelessness.
In the event that I bring a guest and said guest does not sign their own waiver, release and indemnification agreement, I agree that I shall personally indemnify the WCRA and Releasees against any and all losses, damages, liabilities, deficiencies, claims, actions, judgements, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including attorneys’ fees and the costs of enforcing any right to indemnification under this Agreement and the cost of pursuing any insurance providers, arising out of, or resulting from, any claim of a third party related to my guest’s use of the Range and/or Property and arising from my guest’s conduct or actions.
If I am a parent/guardian signing on behalf of a minor or minors, I agree that I shall personally indemnify and hold harmless WCRA and Releasees against any and all losses, damages, liabilities, deficiencies, claims, actions, judgements, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including attorneys’ fees and the costs of enforcing any right to indemnification under this Agreement and the cost of pursuing any insurance providers, arising out of, or resulting from, any claim of a third party related to my child’s use of the Range and/or Property and arising from my child’s conduct or actions.
6. General Conditions:
a. To the extent that any provision of this Agreement is held to conflict with or be unenforceable under applicable law, I agree that this Agreement shall be modified by the Court to the least extent possible to render it enforceable and shall be enforced as so modified.
b. I hereby further agree that this Agreement shall be construed in accordance with the laws of the Province of Ontario and that any legal dispute arising hereunder will be litigated in the courts of Ontario, specifically the city of Kitchener or the Region of Waterloo. I accept the personal jurisdiction of the courts of Ontario, and I waive my right to a jury trial in connection with any such legal dispute. If any portion of this agreement is deemed unenforceable, the remainder shall be given full force and effect.
BY CLICKING “I agree” ON https://wcra.ca/waivers, I AFFIRM THAT I HAVE READ THIS ENTIRE RELEASE OF LIABILITY, WAIVER OF CLAIM, ASSUMPTION OF RISK, AND INDEMNIFICATION AGREEMENT, THAT I FULLY UNDERSTAND ITS CONTENTS, AND THAT I AM INTENTIONALLY AND VOLUNTARILY SIGNING IT AS A CONDITION OF MY USE OF THE RANGE AND/OR PROPERTY AND WITH THE INTENT TO BE LEGALLY BOUND.