Liability Waiver

PRODUCT LIABILITY WAIVER, ASSUMPTION OF RISKS, RELEASE OF LIABILITY AND INDEMNITY AGREEMENT

Definitions

In this Agreement, “Bear Vice” means Alberta 2780586 Ltd., carrying on business as Bear Vice.

“Released Parties” means Bear Vice and its directors, officers, employees, contractors, agents, representatives, successors, assigns, distributors, retailers, and affiliates.

“Product” means the Bear Vice device purchased under the applicable order that is intended to secure or lock the closure of a compatible bear spray canister, together with any replacement components supplied by Bear Vice for that Product.

Electronic Acceptance

  1. By selecting the checkbox confirming acceptance of this Agreement and submitting the order, I confirm that:

    1. I am at least eighteen (18) years of age;

    2. I have read and understand this Agreement;

    3. I understand that this Agreement affects my legal rights, including my right to bring a claim against the Released Parties;

    4. I voluntarily agree to be bound by this Agreement; and

    5. my electronic acceptance is intended to have the same effect as my handwritten signature.

Acknowledgement of Risks

  1. I acknowledge that bear spray is a hazardous product containing irritant compounds intended to incapacitate aggressive wildlife and that accidental discharge can cause serious injury, death, or property damage.


  1. I understand that the Product is intended only as an additional safety measure designed to reduce the likelihood of accidental activation of a bear spray canister. The Product cannot eliminate all risks associated with the possession, storage, transportation, handling, or use of bear spray.


  1. I acknowledge that the risks associated with bear spray and the Product include:


  1. accidental discharge of bear spray;

  2. exposure to capsaicin or other irritants resulting in eye injury, skin irritation, respiratory distress, temporary blindness, allergic reaction, or other bodily injury;

  3. injury to the user or another person;

  4. contamination of vehicles, aircraft, buildings, backpacks, tents, equipment, clothing, and other property;

  5. failure, breakage, wear, deformation, deterioration, improper installation, improper maintenance, misuse, modification, or malfunction of the Product;

  6. improper engagement or disengagement of the Product;

  7. manufacturing, design, or material defects and unforeseen Product failures;

  8. delayed access to bear spray during an emergency;

  9. loss of an opportunity to deter wildlife or respond to an animal encounter; and

  10. serious injury, permanent disability, or death.


  1. I acknowledge that no safety device can guarantee the prevention of accidental discharge, injury, death, or property damage.

User Responsibilities

  1. I am responsible for: 

a) confirming that the Product is approved by Bear Vice for use with the specific brand, model, size, and closure configuration of my bear spray canister;

b) reading and following the Product warnings and instructions and the canister manufacturer’s label and instructions;

c) keeping the canister’s original safety mechanism engaged while installing or removing the Product;

d) inspecting the Product and canister before each use;

e) confirming that the Product is properly installed and fully locked;

f) removing the Product completely before attempting to deploy the bear spray;

g) practising the removal procedure before entering bear country;

h) not modifying or using a damaged or improperly fitting Product; and

i) complying with applicable storage, transportation, aviation, workplace, and other legal requirements.

  1. Except for any express written warranty provided by Bear Vice and any representation, warranty, condition, right, or remedy that cannot lawfully be excluded, I acknowledge that Bear Vice does not guarantee that the Product will prevent every accidental discharge, injury, loss, Product failure, or delay in accessing bear spray. 

Assumption of Risk

  1. I freely and voluntarily assume all risks associated with ownership, installation, storage, transportation, handling, possession, and use of the Product and any bear spray canister used in conjunction with the Product. 

  2. I acknowledge that these risks may result from my own actions, the actions of others, environmental conditions, wildlife encounters, product failure, negligence, or other causes, whether known or unknown. 

Release of Liability

  1. To the fullest extent permitted by law, I release and forever discharge the Released Parties from all claims, demands, actions, causes of action, damages, losses, liabilities, costs, and expenses, including legal fees, arising directly or indirectly from:

    1. my purchase, ownership, possession, installation, storage, transportation, handling, or use of the Product;

    2. any failure or alleged failure of the Product;

    3. any accidental or intentional discharge of bear spray; or

    4. any injury, illness, death, property damage, economic loss, or consequential loss arising from or relating to the Product or a bear spray canister used with the Product.

  2. Nothing in this Agreement waives, releases, excludes, or limits any right, protection, remedy, or liability that cannot lawfully be waived, released, excluded, or limited. 

Indemnity

  1. To the fullest extent permitted by law, I agree to indemnify and hold harmless the Released Parties from third-party claims, damages, liabilities, and reasonable legal costs arising from:

a) my misuse or material modification of the Product;

b) my knowing use of the Product with an incompatible, damaged, leaking, recalled, or expired canister;

c) my material failure to follow the Product warnings and instructions;

d) my unlawful possession, transportation, or use of bear spray; or

e) my material breach of this Agreement.

  1. This Agreement applies only to the individual who accepts it. I will not permit another person to use the Product unless that person has first received the Product warnings and instructions and, where required by Bear Vice, separately accepted the current Product Waiver.

General

  1. If any provision of this Agreement is found unenforceable, the remaining provisions shall remain in full force and effect. 

  2. This Agreement shall be governed by the laws of the Province of Alberta and the laws of Canada applicable therein. 

  3. This Agreement shall be binding upon me and my heirs, executors, administrators, personal representatives, and assigns.