RELEASE OF LIABILITY, WAIVER OF CLAIMS, ASSUMPTION OF RISKS AND INDEMNITY AGREEMENT (hereinafter the “Release Agreement”)
PLEASE READ CAREFULLY!
BY ENTERING AND USING GOLF6iX FACILITY, I am agreeing to this release and waiver of liability and indemnity.
YOU WILL WAIVE OR GIVE UP CERTAIN LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE FOR NEGLIGENCE, BREACH OF CONTRACT OR BREACH OF THE OCCUPIERS LIABILITY ACT OR CLAIM COMPENSATION FOLLOWING AN ACCIDENT
GOLF6iX and its affiliates, and their respective directors, officers, shareholders, employees, instructors, agents, independent contractors, subcontractors, representatives, sponsors, successors and assigns (all of whom are hereinafter collectively referred to as "the Releasees")
In this Release Agreement the term “Golf Activities” shall include but is not limited to: use of all facilities, without limitation, the hitting bays, pathways and waiting areas (collectively, "Facilities") and rental and use of all equipment ("Equipment") and all other activities, services and use of facilities either provided, arranged or organized by the Releasees including instructional sessions or classes and all other activities which take place at the Facilities.
In this Release Agreement, the term “Negligence” includes the failure by the Releasees to use such care as a reasonably prudent and careful instructor would use under similar circumstances, or breach of any other duty of care imposed by law. I AM AWARE OF THE RISKS, DANGERS AND HAZARDS ASSOCIATED WITH GOLF ACTIVITIES AND I FREELY ACCEPT AND FULLY ASSUME ALL SUCH RISKS, DANGERS AND HAZARDS AND THE POSSIBILITY OF PERSONAL INJURY, DEATH, PROPERTY DAMAGE OR LOSS RESULTING THEREFROM.
ASSUMPTION OF RISKS – I am aware that participation in golf activities involves many risks, dangers and hazards.
I acknowledge that my participation in the facility and use of the equipment may include, but not limited to, slips and falls; being hit by stray golf balls or golf clubs; failure to act safely or within one’s own ability or to stay within designated areas; injury, illness or death resulting from physical activity or exertion, including but not limited to as a result of any pre-existing medical condition that might affect my ability to safely participate in physical exertion, or resulting from exposure to, and the spread of, SARS-COV-2 CORONAVIRUS AND COVID-19 disease, or any other disease, bacteria or virus, whether or not the subject of an outbreak, an epidemic or a pandemic; negligence of other persons; and NEGLIGENCE ON THE PART OF THE RELEASEES, WHICH INCLUDES BUT IS NOT LIMITED TO FAILURE ON THE PART OF THE RELEASEES TO TAKE REASONABLE STEPS TO SAFEGUARD OR PROTECT ME FROM THE RISKS, DANGERS AND HAZARDS REFERRED TO ABOVE.
I FREELY ACCEPT AND FULLY ASSUME ALL RISKS, DANGERS & HAZARDSREFERRED TO ABOVE, ON MY OWN BEHALF AND ON BEHALF OF ALL INDIVIDUALS WHOM I PERMIT TO ENTER THE FACILITIES AND TO USE THE FACILITIES AND EQUIPMENT.
RELEASE OF LIABILITY, WAIVER OF CLAIMS AND INDEMNITY AGREEMENT In consideration of the Releasees allowing me to participate in golf activities as defined in this Release Agreement, I hereby agree as follows: ON MY OWN BEHALF AND ON BEHALF OF ALL INDIVIDUALS WHOM I PERMIT TO ENTER THE FACILITIES AND TO USE THE FACILITIES AND EQUIPMENT:
1. TO WAIVE ANY AND ALL CLAIMS that I have or may in the future have against the Releasees and TO RELEASE THE RELEASEES from any and all liability for any loss, damage, expense or injury including death that I may suffer, or that my next of kin may suffer as a result of my participation in golf activities, DUE TO ANY CAUSE WHATSOEVER, INCLUDING NEGLIGENCE, BREACH OF CONTRACT, OR BREACH OF ANY STATUTORY OR OTHER DUTY OF CARE, INCLUDING ANY DUTY OF CARE OWED UNDER ANY APPLICABLE OCCUPIER’S LIABILITY LEGISLATION ON THE PART OF THE RELEASEES. I UNDERSTAND THAT NEGLIGENCE INCLUDES FAILURE ON THE PART OF THE RELEASEES TO TAKE REASONABLE STEPS TO SAFEGUARD OR PROTECT ME FROM OR WARN ME OF THE RISKS, DANGERS AND HAZARDS OF GOLF ACTIVITIES REFERRED TO ABOVE;
2. TO HOLD HARMLESS AND INDEMNIFY THE RELEASEES from any and all liability for any property damage or personal injury to any third party resulting from my participation in golf activities;
3.Notwithstanding anything to the contrary in this Release Agreement, THE RELEASEES’ TOTAL LIABILITY UNDER THIS RELEASE AGREEMENT SHALL BE LIMITED TO AMOUNTS PAID BY ME FOR USE OF THE FACILITIES AND EQUIPMENT, and the RELEASEES will not under any circumstances be liable for punitive, exemplary, aggravated or consequential damages;
4.This Release Agreement shall be effective and binding upon my heirs, next of kin, executors, administrators, assigns and representatives, in the event of my death or incapacity;
5. This Release Agreement and any rights, duties and obligations as between the parties to this Release Agreement shall be governed by and interpreted solely in accordance with the laws of the province where the golf activities take place and no other jurisdiction; and
6. Any litigation involving the parties to this Release Agreement shall be brought solely within the province where the golf activities take place and shall be within the exclusive jurisdiction of the Courts of that province. In entering into this Release Agreement I am not relying on any oral or written representations or statements made by the Releasees with respect to the safety of golf activities, other than what is set forth in this Release Agreement.
I HAVE READ AND UNDERSTAND THIS RELEASE AGREEMENT AND I AM AWARE THAT BY USING THE EQUIPMENT AND THE FACILITIES, AND IN GOLF ACTIVITIES, I AM WAIVING CERTAIN LEGAL RIGHTS WHICH I OR MY HEIRS, NEXT OF KIN, EXECUTORS, ADMINISTRATORS, SUCCESSORS, ASSIGNS AND REPRESENTATIVES MAY HAVE AGAINST THE RELEASEES.