Whitehorse Disc Golf Association
Comprehensive Indemnity & Waiver of Claims Agreement
READ CAREFULLY BEFORE USING ANY DISC GOLF FACILITIES UNDER THE CONTROL OF THE WHITEHORSE DISC GOLF ASSOCIATION OR BEFORE PARTICIPATING IN ANY WHITEHORSE DISC GOLF ASSOCIATION EVENT
By signing this document during membership registration you are waiving certain legal rights including the right to sue the Whitehorse Disc Golf Association, its officers, employees, agents, and representatives (all of whom are referred to collectively herein as “the WDGA”).
To: The WDGA
In consideration of WDGA accepting my membership in the WDGA, or in consideration of the WDGA permitting my paid or unpaid participation in WDGA events, or in consideration of the WDGA permitting my use of WDGA controlled facilities, I HEREBY AGREE as follows:
I agree that I am aware that disc golf, my use of WDGA controlled facilities and my participation in WDGA events each involve exposure to many foreseeable and unforeseeable risks, dangers and hazards which may include but are not limited to:
Risks of serious personal injury including but not limited to risks of being struck and seriously injured by flying golf discs;
Risks of negligence on the part of fellow disc golfers;
Risks of negligence on the part of the WDGA;
Risks of lost or damaged property;
Risks of encounters with and attacks by wild and domesticated animals; and,
Risks of exposure to the Covid 19 Virus and other viruses, bacteria and environmental pathogens.
I am further aware that disc golf, my use of WDGA controlled facilities and my participation in WDGA events will expose me to risks, dangers and hazards other than those listed above.
2. I agree to accept and fully assume personal responsibility and liability for all such risks, dangers and hazards and the possibility of personal injury, death, property damage or loss resulting from such risks, hazards and dangers incidental to or in any way connected to my participation in disc golf at WDGA controlled facilities or events now and in the future.
3. I agree to comply promptly with WDGA officials’ directions and instructions before and throughout WDGA events and during my use of WDGA controlled facilities now and in the future.
4. I agree to release the WDGA from any and all liability whatsoever for any loss, damage, injury or expense that I or my next of kin may suffer or incur as a result of disc golf, my use of WDGA controlled facilities or my participation in WDGA events now and in the future due to any cause whatsoever, including negligence on the part of the WDGA.
5. I agree to hold harmless and indemnify the WDGA from any and all liability for property damage or loss, personal injury or death suffered by a third party incidental to or in any way connected to my participation in disc golf, my use of WDGA controlled facilities or my participation in WDGA events now and in the future.
6. I agree that this Agreement shall be effective and binding upon my heirs, next of kin, executors, administrators, and assigns.
7. I agree that this Agreement shall be governed and construed in accordance with the laws of Yukon, Canada. I further agree that any legal action or proceeding between me, my executors, heirs or assigns and the WDGA for any purpose shall be brought exclusively in a court of competent jurisdiction in Yukon, Canada.
8. I agree that the liability of the WDGA is limited to the greatest extent permitted by law and that according to this Agreement I formally and voluntarily waive and will not attempt to hold the WDGA liable for any claims, actions, costs, expenses or demands that I may otherwise be lawfully entitled to claim against the WDGA now and in the future, whatsoever, period.
9. I agree that I am aware that by accepting the terms of this Agreement, I am affecting my legal rights and the liabilities of my heirs, next of kin, executors, administrators, and assigns, in relation to the WDGA.
I agree that I have read and understood this Agreement prior to signing it.