Waiver and Release
ACKNOWLEDGMENT OF RISK, PARTICIPANT WAIVER, RELEASE OF LIABILITY, COVENANT NOT TO SUE AND IMAGE RELEASE.
The following assumptions of risk, consents, waivers and releases of liability, form a LEGALLY BINDING DOCUMENT between you, those in your control, and SLYCE GOLF INC. Please READ CAREFULLY before signing. IF YOU DO NOT AGREE TO THIS DOCUMENT PLEASE DISCONTINUE USE OF THE FACILITY IMMEDIATELY.
In consideration of the acceptance of this entry in or upon the golf facility, and/or my/our participation in any way in SLYCE GOLF INC. training, competition(s), or any related events, and/or activities (together known as the “Events”), I/we the undersigned, acknowledge, covenant and agree to the following.
WARNINGS AND ASSUMPTION OF RISK/VOLUNTARY COMPLIANCE
1. AGREEMENT TO USE FACILITY
By entering and using this facility, I am agreeing to this release and waiver of liability and indemnity. My participation and use of the building, golf simulator and related equipment is voluntary and subjects me to the possibility of physical injury (which could be minimal, serious, and/or result in death) and loss of or damage to my property (collectively, Risks).
2. DEFINITIONS
FACILITY: includes all equipment such as the Mesh Screens, Golf Simulator, Golfing Equipment, all common areas, stairways, washrooms, mezzanines, and furniture.
RELEASORS: refers to you, being the user of the Facility and/or those in your control, including minor children.
RELEASEE: refers to the service provider, being SLYCE GOLF INC.
EVENT: Participation in any way at SLYCE GOLF INC. including trainings, competition(s), or any related events, and/or activities will be referred to as “Event(s)”.
3. ASSUMPTION OF POTENTIAL RISKS
I have read and understand this document and I am aware that by using the equipment and the facilities, and staying in this facility, 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.
It is also reasonably foreseeable that my careless or reckless use of the facility, including golf simulators and related equipment will result in damage thereto. Accordingly, I agree to the following:
I hereby release and hold harmless SLYCE GOLF INC., its officers, directors, employees, agents, volunteers, and contractors (collectively, Releasees) from any claim, demand, loss, liability, damages, and attorney fees and costs whatsoever arising from, related to, or resulting from these Risks (Claims), including those caused by the negligent or recklors acts or omissions of any or all of the Releasees.
I recognize the physical exertion involved in the use of the building, golf simulator and related equipment, and attest and certify that I am physically fit to participate safely, and I have not been advised otherwise by a health care professional.
4. PERSONAL LIABILITY
As between each of the Releasee and me, I will be solely responsible for any and all medical and related bills that I may incur because of any injury, as well as costs related to loss or damage to my property, that I may sustain as a result of my participation in the Events, including those sustained on the Facility and while I am traveling to and from such premises, regardless of the location or mode of transportation.
I will also be personally liable for any and all damage to the building, simulator and related equipment caused by my careless, reckless or intentional actions or ommissions, or otherwise by my breach of this document.
5. COVID-19 PROTOCOL
I understand that COVID-19, is a highly infectious, life-threatening disease declared by the World Health Organization to be a global pandemic. COVID-19’s highly contagious nature means that contact with others, exposure by proximity, or contact with surfaces that have been exposed to the virus, can lead to infection. I am voluntarily using the Facility despite serious risks relating to COVID-19 at my sole discretion.
I represent and warrant that upon entering the Facility or in the past seven (7) days I have not exhibited symptoms relating to COVID-19, I have not been in contact with anyone who exhibited symptoms relating to COVID-19, and I have not travelled outside of the country of Canada, where there may be a greater risk of COVID-19 infection. IF ANY OF THIS IS APPLICABLE, I SHALL NOTIFY STAFF OF THE FACILITY IMMEDIATELY PRIOR TO ENTRY INTO THE FACILITY AND/OR DISCONTINUE USE OF THE FACILITY IMMEDIATELY.
6. VOLUNTARY INVOLVMENT
I am voluntarily participating in the Events and I am participating in the Events entirely at my own risk. I am aware of the risks associated with participating in this activity, which may include, but are not limited to: physical or psychological injury, pain, suffering, illness, disfigurement, temporary or permanent disability, economic or emotional loss, death
I understand that these injuries or outcomes may arise from my own or other attendee’s negligence, conditions related to travel to and from the activity or from conditions at the Facility. Nonetheless, I assume all related risks, both known and unknown to me, of my participation in the Events.
7. RELEASE AND WAIVER OF LIABILITY AND INDEMNITY
I and my heirs, next of kin, executors, administrators and assigns (collectively my “Legal Representatives”) agree to the following: to waive all claims that I have or may have in the future against SLYCE GOLF INC. and to release and forever discharge SLYCE GOLF INC. from all liability for all personal injury, death, property damage, or other loss resulting from my participation in the Events due to any cause, including but not limited to negligence (failure to use such care as a reasonably prudent and careful person would use under similar circumstances) either passive or active, breach of any duty imposed by law, breach of contract or mistake or error or judgement of SLYCE GOLF INC.; and to hold harmless and indemnify SLYCE GOLF INC. from any and all liability for any damage to or loss of property or personal injury, illness or death suffered from any wilful or negligent act or omission by me, or by individuals whom I permit to enter the Facility.
8. GOVERNING LAWS
This document 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 this document shall be brought solely within the Province of Ontario and shall be within the exclusive jurisdiction of the Courts of the Province of Ontario.
9. SEVERANCE
If any provision of this document is found by any Court, tribunal or administrative body of competent jurisdiction to be wholly or partly legal, invalid, voidable, unenforceable or unreasonable it shall to the extent of such illegality, invalidity, voids, voidability, unenforceability or unreasonableness be deemed severable and the remaining provisions of this document shall remain in full force and effect.
10. RULES AND CODE OF CONDUCT
I undertake to follow and adhere to the following rules and code of conduct while participating:
· Play at my own risk.
· Gum, food, or drink of any kind only permitted in designated areas.
· No touching, hanging, or playing with the mesh screen.
· No horseplay and or foul play.
· No smoking of any kind permitted inside the premises.
· ZERO TOLERANCE POLICY: any verbal or physical abuse towards officials, staff, or other attendee will result in termination of the visit and players will be asked to leave.
I warrant that I have read and understand that this document which involves my waiver and release of significant rights and my assumption of significant indemnification responsibilities in participating in the Events and using the Facility