RELEASE AND WAIVER OF LIABILITY (“Release Agreement”)
This is a release of liability. Please read carefully.
BY ENTERING AND USING THIS FACILITY, I am agreeing to this release and waiver of liability.
Tracer Golf Inc. and their respective directors, officers, shareholders, employees, instructors, guides, agents, volunteers, independent contractors, subcontractors, representatives, sponsors, successors and assigns are collectively referred to as the “RELEASEES”.
In this Release Agreement the term “Golfing” includes the use of all facilities, including, without limitation, the hitting bays, pathways, waiting lounge (“Facilities”) and rental and use of all equipment (“Equipment”) and all other activities which take place at the Facility.
ASSUMPTION OF RISKS
I am aware that Golfing involves many risks, dangers and hazards including, but not limited to slip 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, negligence of other persons and NEGLIGENCE 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 THE RISKS, DANGERS AND HAZARDS REFERRED TO ABOVE.
I FREELY ACCEPT AND FULLY ASSUME ALL RISKS, DANGERS & HAZARDS ASSOCIATE WITH THE USE OF THIS FACILITY AND EQUIPMENT
I understand that this is an automated facility and any maintenance or repairs of the facility will be undertaken within a reasonable time.
RELEASE OF LIABILITY, WAIVER OF CLAIMS AND INDEMNITY AGREEMENT
In consideration of the Releasees permitting my use of the Facilities or Equipment, I hereby agree as follows:
- 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 injury including death that I may suffer, or that my next of kin may suffer, as a result of my use of or presence on the Facilities or my use of the Equipment. DUE TO ANY CAUSE WHATSOEVER, INCLUDING NEGLIGENCE, BREACH OF CONTRACT OR BREACH OF STATUTORY DUTY OF CARE, INCLUDING ANY DUTY OWED UNDER THE OCCUPIERS LIABILITY ACT, in respect of the selection or maintenance of the Equipment or in respect of the provision or failure to provide any warnings, directions or instructions as to the use of the Equipment or the risks, dangers and hazards of Golfing. I UNDERSTAND THAT NEGLIGENCE INCLUDES 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;
- TO HOLD HARMLESS AND INDEMNIFY THE RELEASEES from any and all liability for any damage to or loss of property of or personal injury to any third party;
- This Release Agreement shall be effective and binding upon my heirs, next of kin, executors, administrators, assigns and representatives, in the even of my death or incapacity;
- 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 of Ontario and no other jurisdiction; and
- Any litigation involving the parties to this Release Agreement shall be brought solely within the Province of Ontario and shall be within the exclusive jurisdiction of the Courts of the Province of Ontario.
I HAVE READ AND UNDERSTAND THIS RELEASE AGREEMENT AND I AM AWARE THAT BY USING AND STAYING IN THIS FACILITY I AM WAIVING CERTAIN LEGAL RIGHTS WHICH I OR MY HEIRS, NEXT OF KIN, EXECUTORS, ADMINISTRATORS, ASSIGNS AND REPRESENTATIVES MAY HAVE AGAINST THE RELEASEES