Liability Waiver

Definitions
Where used herein the following terms shall have the following meaning respectively:

“Equipment” – refers to golf equipment including but not limited to golf clubs, golf balls, tees, gloves and footwear, as well as electronic golf simulators and all of their ancillary equipment.

“Facility” – refers to the Company’s facility located at 700 Kipling Avenue, Unit 1200, Etobicoke, Ontario, M8Z-5G3.

“Golfing” – refers to use of the Facility and/or Equipment.

Acknowledgement and Assumption of Risk
I am aware that by attending at the Facility, using the Equipment, being in the presence of the Equipment, Golfing and/or participating in Golfing:

includes many risks, hazards and dangers, including but not limited to: Equipment malfunction, defective and/or negligent design and/or manufacture of Equipment; carelessness and/or negligent instruction and/or supervision; slips and falls, accidents or collisions; negligence of other persons; and/or being hit by a golf club, golf ball, Equipment, or other objects which may become displaced, and may result in harm or injury to my person, property and/or to the Minor and/or property thereof.

(Collectively referred to as the “Risks, Dangers and Hazards”)

I knowingly and freely accept and assume all of the Risks, Dangers and Hazards associated with attending at the Facility, using the Equipment, being around the Equipment, Golfing and/or participating in Golfing.

I acknowledge and confirm that:

I am solely responsible for my health and safety;
I am physically capable of participating in Golfing and using the Equipment;
I have no pre-existing physical or medical condition, which would endanger me or a third party while participating in Golfing and/or using the Equipment;
I am at least 18 years of age; and
I will immediately notify the Company and its representatives if I become aware of any damaged Equipment. In addition, I will not use any damaged Equipment as I acknowledge that the use of damaged Equipment may lead to increased Risks, Dangers and Hazards.
I am personally responsible for any damage that i may have caused ie. throwing of a club causing damage to a screen, panels, drywall, computers etc. and will be responsible for any repair costs.

Release of Liability
In consideration of the Company permitting me to attend at the Facility and to watch and/or participate in Golfing, I, on behalf of myself and my personal representatives, heirs, successors, assigns, guardians, and legal representatives, hereby fully and forever release, waive, discharge, hold harmless, defend and indemnify the Company and its affiliates, contractors, agents, employees, officers, directors, and shareholders (the “Releasees”) from and against any and all claims, demands, suits, actions, causes of action or liability of any kind whatsoever for any damages, losses, injuries, death, costs or expenses (including legal fees and disbursements) arising out of or relating to;

My attendance at the Facility;

My participation in Golfing and/or use of the Equipment;
Any actions by third parties, including but not limited to other persons who are in attendance at the Facility and/or participating in Golfing and/or using the Equipment; and any negligent or intentional acts, whether directly or indirectly connected to the Facility, Golfing and/or the Equipment.

For greater certainty, I agree to hold harmless and indemnify the Company and the Releasees from any and all liability for any damage whatsoever including loss of property or personal injury resulting from my attendance at the Facility, my participation in Golfing and/or my use of the Equipment.

Safety Rules
At all times I agree to follow the Company’s safety rules, which include, but are not limited to: Before swinging a golf club I will always check to make sure that no persons are in the vicinity which could get hit by the golf club;

I will pay attention to my surroundings.
I will only swing golf clubs when I am in the designated area of the golf simulator; I will only swing golf clubs for the purposes of engaging with the electronic golf simulator.
When I am in the golf simulator, I will not swing a golf club until all persons are behind the designated caution line;
I will watch my step when using the golf simulator and I acknowledge that the hitting platforms on the golf simulator can move during use of the golf simulator and that they can create a tripping hazard;
I will stay behind the designated caution line when another person is using the golf simulator;
I will not bring any food or drinks past the designated caution line; and
I will control my alcohol consumption such that I will not become a risk to myself or others while Golfing, using the Equipment and/or being present in the Facility.

General Provisions
I acknowledge that the Releasees are relying on this Liability Waiver in allowing me to attend at the Facility, participate in Golfing and use the Equipment, and that but for the signing of this Liability Waiver I would not be allowed to attend at the Facility, participate in Golfing and use the Equipment.

I acknowledge that during my attendance at the Facility the Company or its agents may take photographs, videotapes and/or other recordings of me and/or any Minor and that the Company may use these photographs, videotapes and/or other recordings, along with my name and my likeness and that of any Minor in connection with advertising, promotional materials and any other media.

This Liability Waiver constitutes the entire agreement and understanding between the Parties relating to the subject matter hereof, and supersedes all other agreements, oral or written, made between the Parties with respect to such subject matter. Except as provided herein, this Liability Waiver may not be amended or modified in any way except by a written instrument signed by both Parties.

The headings, article, section and paragraph numbers appearing in this Liability Waiver are inserted for convenience of reference only and will not in any way affect the construction or interpretation of this Liability Waiver. The words “hereof”, “herein”, “hereunder” and similar expressions used in any article, section, subsection or paragraph of this Liability Waiver relate to the whole of this Liability Waiver and not to that article, section, subsection or paragraph only, unless otherwise expressly provided for or if the context clearly indicates the contrary.

If for any reason whatsoever, any term or condition of this Liability Waiver or the application thereof to any Party or circumstance is to any extent invalid or unenforceable, all other terms and conditions of this Liability Waiver and/or the application of such terms and conditions to the Parties or circumstances will not be affected thereby and will be separately valid and enforceable to the fullest extent permitted by law. The unenforceable provision(s) will be deemed to be amended to the extent needed to render them enforceable, so as to best reflect the intentions of the Parties.

This Liability Waiver will be construed in accordance with and governed by the laws of the Province of Ontario and the laws of the Country of Canada applicable therein. Each of the Parties hereto irrevocably submits to the exclusive jurisdiction of the courts of the Province of Ontario and covenants to appear before such courts.

Any reference in this Liability Waiver to gender includes all genders and words importing the singular number also shall include the plural and vice versa.

Parent or Guardian Liability Waiver on behalf of Minor:
I represent and acknowledge that I am the parent, legal guardian and/or authorized custodian of any individual(s) under the age of 18 years (referred to in this Liability Waiver as the “Minor”) who attend at the Facility with me, or whom I bring into the Facility, and I represent that I have the legal authority to execute this Liability Waiver on behalf of the Minor.

I agree to indemnify and hold harmless the Company and the Releasees for any claims that the Minor may now have or may arise in the future as against the Releasees arising out of the Minor attending at the Facility, participating in Golfing and/or using the Equipment.

In the event that I do not have the authority to sign this Liability Waiver on behalf of the Minor, I agree to indemnify the Company and the Releasees from any and all claims made by the Minor and/or his or her legal representatives arising out of the Minor attending at the Facility, participating in Golfing and/or using the Equipment.

I acknowledge and confirm that:
The Minor is physically capable of participating in Golfing and using the Equipment;
The Minor does not have any pre-existing physical or medical conditions which would endanger him or her or a third party while participating in Golfing, using the Equipment and/or being present in the Facility;

The Minor will be under my supervision during his or her stay at the Facility; and The Company is not responsible for the loss of property of the Minor while at the Facility.

I HAVE READ THIS LIABILITY WAIVER, I FULLY UNDERSTAND ITS TERMS, I UNDERSTAND THAT I AM GIVING UP RIGHTS BY ENTERING INTO THIS LIABILITY WAIVER INCLUDING WAIVING CERTAIN LEGAL RIGHTS WHICH I OR MY HEIRS, NEXT OF KIN, EXECUTORS, ADMINISTRATORS, ASSIGNS AND REPRESENTATIVES MAY HAVE AGAINST THE COMPANY AND THE RELEASEES AND I DO SO FREELY AND VOLUNTARILY WITHOUT ANY INDUCEMENT.

Full Name

Electronic Signature Consent*
By checking here, you are consenting to the use of your electronic signature in lieu of an original signature on paper. You have the right to request that you sign a paper copy instead. By checking here, you are waiving that right. After consent, you may, upon written request to us, obtain a paper copy of an electronic record. No fee will be charged for such copy and no special hardware or software is required to view it. Your agreement to use an electronic signature with us for any documents will continue until such time as you notify us in writing that you no longer wish to use an electronic signature. There is no penalty for withdrawing your consent. You should always make sure that we have a current email address in order to contact you regarding any changes, if necessary.

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