Legal Implications

Upon becoming a member of the Discovery Shooting Club (“DSC”), you acknowledge and assume all the risks of utilizing our facilities/shooting ranges. Upon renewing your membership, you are reaffirming that you agree as follows:

• a) To release and not make a legal claim against the DSC and each of their respective parent, subsidiary and affiliated companies, assignees, licensees, owners, officers, directors, partners, board members, members, supervisors, insurers, agents, employees, volunteers, contractors and representatives (individually and collectively referred to in this agreement as “released party” and the “released parties”), with respect to any and all claims, liabilities, or expenses (including fees and costs) (collectively referred to in this agreement as “claim“ or “claims”) for any injury, damage, death or other loss in anyway connected with my use of the shooting ranges, negligence, whether passive or active, of the released parties, any breach by the released parties of a statutory duty and/or use of any equipment, facilities or premises, howsoever caused. You agree to waive all claims you may have against the released parties and agree that neither you, nor your estate, heirs, assigns or beneficiaries nor anyone else acting on your behalf, will make a claim against the released parties for any injury, damage, death or other loss you may suffer.

 

• b) To defend and indemnify (“indemnify” meaning protect by reimbursement or a payment) the released parties with respect to any and all claims brought by or on behalf of me, my spouse, a family member, a co-participant or any other person, for any injury, damage, death or other loss in any way connected with my use of the shooting ranges, negligence, whether passive or active, of the released parties, any breach by the released parties of statutory duty and/or use of any equipment, facilities or premises, howsoever caused.

 

• c) That although the DSC has taken reasonable steps to provide me with appropriate facilities in order that you may participate in and enjoy an activity for which you may not be skilled, you are hereby informed by the DSC that shooting sports have inherent risks that cannot be eliminated due to the nature of the activity. These risks include but are not limited to:
  • Accidental injury and/or property damage due to the use of firearms; and,
  • Accidental injury and/or property damage due to unfavorable or extreme weather conditions.

   

• d) That you understand the aforementioned description of these risks is not complete and that other unknown or unanticipated risks may result in injury or death. You agree to assume responsibility for myself for any of the risks identified herein and for those risks not specifically identified. Your participation is voluntary, and you freely elect to participate despite the risks. You agree that prior to participating in any shooting sport activity you must be familiar with the safe operation of any firearm that you will use and understand the safety and shooting procedures applicable to that activity. You agree that you must be physically capable of safely participating. You assume full responsibility for yourself for bodily injury, death and loss of personal property and expenses thereof as a result of those inherent risks and dangers and/or of your own negligence. You have read, understood and accepted the terms and conditions stated herein and acknowledge that this agreement shall be effective and binding upon yourself.

 

• e) That you understand that all matters arising out of or relating to my use of the shooting ranges and this Release and Indemnity shall be governed by and construed in accordance with the laws of Newfoundland and Labrador. Any claim or cause of action arising under this Release and Indemnity or by use of the shooting ranges may be brought only in courts located within the jurisdiction of Newfoundland and Labrador.

 

• f) That you understand that you are entering into a legally binding contract with DSC and that you are giving up your right, your estate’s right, and your heirs and assigns right to make a legal claim against the DSC for personal injury, death, property damage, or other loss.

By signing the DSC’s application form, you acknowledge the legal implications of membership, this Release and Indemnity agreement, and that you agree to review and abide by the DSC’s range operating instructions/safety regulations available on this website before using the range.

The applicant declares that the information contained in a submitted DSC membership application is true and shall have the same force and effect as if made as a declaration under the Canadian Evidence Act.