Members Liability Waiver
Having regard to the COVID-19 Pandemic (“COVID-19”), The Pender Island Golf Club decided to close all operations including the golf course (the “Golf Course”), other than the pick-up of restaurant foods.
The Club has decided to re-open only the Golf Course (and not the Clubhouse, Pro Shop, Putting Green or Practice Net) to those Members of the Club (the “Member”) that wish to golf at the Golf Course on the condition that the Member acknowledge and agree to the following terms:
ACKNOWLEDGMENT OF RISK
- The Member acknowledges to and agrees with the Club that the RISK associated with attending or using the Golf Course is CONTRACTING COVID-19.
ACCEPTANCE OF RISK
- The Member accepts the RISK OF CONTRACTING COVID-19 by choosing to attend or use the Golf Course.
OBLIGATIONS OF THE MEMBER
- The Member shall be required to strictly abide by any and all policies of the Club concerning the control of COVID-19, including without limitation policies on social distancing (the “Policies”).
- The Member is under an obligation to notify the Club if they observe any other Member(s) not strictly abiding to the Policies.
- The Member will not attend or use the Golf Course if they are experiencing any symptoms of COVID-19, if they have been in immediate contact with anyone who is experiencing any symptoms of COVID-19 or if they are otherwise under an obligation to self-isolate or remain under quarantine.
ACCEPTANCE OF OBLIGATIONS
- The Member accepts their obligations under this Agreement and acknowledges that a breach of these obligations on their part could result in suspension of all their golf privileges at the Golf Course until the COVID-19 Pandemic is declared by BC Health Authorities to be at an end.
WAIVER & RELEASE
- The Member, hereby waives and releases the Club, its Directors, Officers, managers, contractors and employees of and from any and all claims that the Member has or may have in the future for:
- any loss or damage the Member may suffer due to contracting COVID-19, including sickness or death, as a result of attending or using the Golf Course; and
- any suspension or other discipline imposed on the Member by the Club resulting from the Member’s breach of their obligations under this Agreement.
- If any provision of this Agreement shall be, for any reason, unenforceable, then that provision shall be deemed removed and shall not affect the validity of any remaining provisions.
- The headings contained in this Agreement are for convenience only and do not limit the scope or intent of this Agreement.
- This Agreement shall be governed by and interpreted in accordance with the laws of the Province of British Columbia; and
- Any litigation involving the parties to this Agreement shall be brought within the Province of British Columbia.
The Member has read this Agreement, fully understands the contents and the Member agrees to be bound by its terms. The Member understands that they have given up substantial legal rights by acknowledging and agreeing to this Agreement.