RELEASE AND WAIVER OF LIABILITY AND INDEMNITY (“Release Agreement”)

This is a release and waiver of liability and indemnity. Please read carefully.

BY ENTERING AND USING THIS FACILITY, I am agreeing to this release and waiver of liability and indemnity.

 

DEFINITIONS

 

PURE GOLF SIM (13018580 Canada Inc.) and its affiliates, and their respective directors, officers, shareholders, employees, instructors, agents, independent contractors, subcontractors, representatives, sponsors, successors and assigns are collectively referred to as the “RELEASEES”.

In this Release Agreement the term “Golfing Activities” includes but is not limited to the use of all facilities, including, without limitation, the hitting bays, pathways and fitness/exercise bays (collectively, “Facilities”) and rental and use of all equipment (“Equipment”) and all other activities which take place at the Facilities.

 

ASSUMPTION OF RISKS

 

I understand, acknowledge and am aware that Golfing Activities, my presence at the Facilities and my use of the Facilities and Equipment involve many risks, dangers and hazards including, 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; delays in performing maintenance or repairs to the Facilities or Equipment due to the absence of onsite personnel at automated facilities; 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 and/or my Guests may sustain injury, including but not limited to temporary or permanent disability, paralysis, death, and property damage.  Such risks and dangers may be caused by my or my Guests own actions or inactions, the actions or inactions of others who are also participating, the condition of the Facilities, adverse weather conditions, or the negligence of the Releasees.

 

I FREELY ACCEPT AND FULLY ASSUME ALL RISKS, DANGERS & HAZARDS REFERRED TO ABOVE, ON MY OWN BEHALF AND ON BEHALF OF ALL INDIVIDUALS WHOM I PERMIT TO ENTER THE FACILITIES (“Guests”).

REPRESENTATIONS

 

I acknowledge and represent that: 

 

  1. I and/or my Guests are qualified to participate in Golfing Activities;

  2. I and/or my Guests will at all times take reasonable safety precautions to avoid risks, dangers and hazards inherent in Golfing Activities;

  3. I and/or my Guests shall at all times follow all the rules and regulations for Golfing and of the Facilities, as may be established or modified by the Releasees;

  4. I have informed myself and/or my Guests about the activities that will be involved at the Facilities, either by previous participation in Golfing Activities or pursuant to his or her investigation;

  5. I will not consume or be under the influence of any alcohol or drugs at any time of participating in the activities at the Facilities; and

  6. I and/or my Guests have fully read and understand each of the provisions of this Release and acknowledges that the I and/or my Guests are voluntarily waiving substantial legal rights, including the right to sue the Releasees.

RELEASE AND WAIVER OF LIABILITY AND INDEMNITY

 

In consideration of the RELEASEES permitting my use of the Facilities or Equipment, 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 damage, expense or loss including but not limited to illness, injury or death, temporary or permanent disability, liabilities, expenses, costs, and/or causes of action, now known or hereinafter known in any jurisdiction in the world, that I may suffer as a result of my use of or presence at the Facilities or my use of the Equipment DUE TO ANY CAUSE WHATSOEVER, INCLUDING BUT NOT LIMITED TO NEGLIGENCE; OR BREACH OF CONTRACT, DUTY OF CARE, DUTY OF GOOD FAITH OR FIDUCIARY DUTY, INCLUDING BUT NOT LIMITED TO ANY DUTY OWED UNDER THE OCCUPIERS LIABILITY ACT, in respect of the maintenance or repair of the Facilities; the selection, maintenance or repair of the Equipment; the provision or failure to provide any warnings, directions or instructions as to the use of the Facilities or Equipment; or the risks, dangers and hazards referred to above. I UNDERSTAND THAT NEGLIGENCE 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;

  2. That this Release is a complete release of any responsibility of the Releasees for any injury, temporary or permanent disability, death, damages, liabilities, expenses, costs, and/or causes of action sustained by me and/or my Guests while participating in the Golfing Activities at the Facilities.

  3. To hold harmless and indemnify the RELEASEES from and against any and all third party claims, losses, damages, expenses and costs, including reasonable outside legal fees and court costs, liabilities, including liability for any damage to or loss of property of or personal injury, illness or death suffered by any individual whether or not arising from any willful or negligent act or omission by me, or by individuals whom I permit to enter the Facilities and to use the Facilities and Equipment;

  4. 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;

  5. This Release Agreement shall be effective and binding upon my heirs, next of kin, executors, administrators, successors, assigns and representatives;

 

 

NO DUTY TO SUPERVISE

 

I and/or my Guests acknowledge and agree that we are aware that the Releasees have no duty to supervise the Golfing Activities of the participants. The Releasees assume no responsibility or liability for the acts or omissions of the Releasees, or any such related persons.

 

Customers are financially responsible for any damage caused by failure to follow the House Rules, and acknowledge that the Facilities are under video surveillance. Tampering with a camera system or damaging equipment by not following these procedures will result in financial compensation being paid to the Releasees.

 

Please be respectful towards other golfers at the facility, the equipment, and the premises. We want to ensure a great experience for everyone.

 

PAYMENTS AND AUTHORIZATION

 

I authorize PURE GOLF SIM to charge my credit card for the stated amount with my booking time including HST.

 

COVID-19 ACKNOWLEDGEMENT

 

1. I acknowledge that I do not have any of the following symptoms associated with the COVID-19 virus; cough, fever, difficulty breathing;

 

2. To the best of my knowledge and belief, I have not been in contact with any person that has contracted COVID-19, nor have I been diagnosed as having COVID-19 in the last 14 days

3. I have not travelled outside of Canada or have had close contact with anyone who has travelled outside of Canada in the last 14 days.

 

 

Entire Agreement

 

This Release is the entire agreement between the parties with respect to the subject matter hereof and supersedes any prior agreement or communications between the parties, whether written, oral, electronic, or otherwise. Except as expressly provided in this Release, there are no representations, warranties, conditions, other agreements or acknowledgements, whether direct or collateral, express or implied, that form part of or affect this Release.

 

Governing Law

 

This Release shall be governed by, and construed and enforced in accordance with, the laws in force in Ontario, excluding any conflict of laws rules or principles which might refer such construction to the laws of another jurisdiction. The Parties hereto agree to submit to the exclusive jurisdiction of the courts of Ontario and waive any objection relating to improper venue or inconvenience forum to the conduct of any proceeding in any such court.

 

Severability

 

In the event that any term or provision, or any portion of a provision, of this Release is held to be invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of this Agreement.

 

I HAVE READ AND UNDERSTAND THIS RELEASE AGREEMENT AND I AM AWARE THAT BY USING THE EQUIPMENT AND THE FACILITIES, AND PARTICIPATING IN GOLFING 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.

 

[Participant]

Signature:

_________________________

[Printed Name]:

[Address]:

[Day] [Month], [Year]: