Waiver

WAIVER RELEASE AND WAIVER OF LIABILITY AND INDEMNITY AGREEMENT

By entering the facility, I acknowledge and accept this release and waiver of liability and indemnity agreement.

 

DEFINITIONS

In this Agreement, the term "Albatross Golf Group Inc.," and its affiliates, including their directors, officers, shareholders, employees, instructors, agents, independent contractors, subcontractors, representatives, sponsors, successors, and assigns, shall be collectively referred to as the "RELEASEES."

The term "Golfing" encompasses but is not limited to the use of all facility areas, including, without limitation, the parking lot, entrance, building, simulator bays, walkways, hallways, offices (collectively, the "Facilities"), as well as the rental and use of all equipment ("Equipment") and all other activities that occur at the Facilities.

 

ASSUMPTION OF RISKS

I acknowledge that Golfing, my presence at the Facilities, and my use of the Facilities and Equipment involve various risks, dangers, and hazards, including, but not limited to, slips and falls, potential contact with stray golf balls or golf clubs, failure to act safely, injuries, illnesses, or fatalities resulting from physical activity or exertion, including any pre-existing medical conditions that may affect my ability to participate safely in physical exertion. This also includes exposure to SARS-COV-2 CORONAVIRUS, COVID-19, or any other disease, bacteria, or virus, regardless of whether it is the subject of an outbreak, epidemic, or pandemic. Other risks may involve delays in maintenance or repairs to the Facilities or Equipment due to the absence of on-site personnel at automated facilities, negligence of other individuals, and negligence on the part of the RELEASEES, including the failure of the RELEASEES to take reasonable steps to safeguard or protect me from the mentioned risks, dangers, and hazards.

I VOLUNTARILY ACCEPT AND FULLY ASSUME ALL OF THE ABOVE-RISK, DANGERS, AND HAZARDS, BOTH ON MY OWN BEHALF AND ON BEHALF OF ANY INDIVIDUALS WHOM I PERMIT TO ENTER THE FACILITIES AND USE THE FACILITIES AND EQUIPMENT.

 

RELEASE AND WAIVER OF LIABILITY AND INDEMNITY

In consideration of the RELEASEES permitting me to use the Facilities and Equipment, I hereby agree as follows, ON MY OWN BEHALF AND ON BEHALF OF ANY INDIVIDUALS WHOM I PERMIT TO ENTER THE FACILITIES AND USE THE FACILITIES AND EQUIPMENT:

1. I WAIVE ANY AND ALL CLAIMS that I may currently have or may have in the future against the RELEASEES, and I RELEASE THE RELEASEES from all liability for any damage, expenses, or losses, including but not limited to illnesses, injuries, or deaths, that I may experience due to my use of or presence at the Facilities or my use of the Equipment, REGARDLESS OF THE CAUSE, INCLUDING NEGLIGENCE, BREACH OF CONTRACT, DUTY OF CARE, DUTY OF GOOD FAITH OR FIDUCIARY DUTY, OR ANY DUTY OWED UNDER THE OCCUPIERS LIABILITY ACT. This also includes maintenance or repair of the Facilities, selection, maintenance, or repair of the Equipment, provision or failure to provide warnings, directions, or instructions regarding the use of the Facilities or Equipment, or the risks, dangers, and hazards previously mentioned.

2. I UNDERSTAND THAT NEGLIGENCE ENCOMPASSES FAILURE ON THE PART OF THE RELEASEES TO TAKE REASONABLE STEPS TO SAFEGUARD OR PROTECT ME FROM THE RISKS, DANGERS, AND HAZARDS MENTIONED ABOVE.

3. I agree to hold the RELEASEES harmless and indemnify them from all liability for any damage to or loss of property, personal injury, illness, or death suffered by any individual arising from any willful or negligent act or omission by me or by individuals whom I permit to enter the Facilities and use the Facilities and Equipment.

4. Notwithstanding anything to the contrary in this Agreement, THE RELEASEES' TOTAL LIABILITY UNDER THIS AGREEMENT SHALL BE LIMITED TO AMOUNTS PAID BY ME FOR USE OF THE FACILITIES AND EQUIPMENT. The RELEASEES will not be liable for punitive, exemplary, aggravated, or consequential damages under any circumstances.

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

6. This Agreement shall be governed by and interpreted solely in accordance with the laws of the Province of Ontario, and no other jurisdiction.

7. Any litigation involving this 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.

8. I HAVE READ AND UNDERSTAND THIS RELEASE AGREEMENT, AND I AM AWARE THAT BY ENTERING THIS FACILITY AND USING THE EQUIPMENT AND FACILITIES, I AM WAIVING CERTAIN LEGAL RIGHTS, BOTH ON MY BEHALF AND ON BEHALF OF MY HEIRS, NEXT OF KIN, EXECUTORS, ADMINISTRATORS, SUCCESSORS, ASSIGNS, AND REPRESENTATIVES, THAT MAY BE HELD AGAINST THE RELEASEES.