("Release Agreement")
1001112328 Ontario Inc. (o/a KStadium Golf Vaughan) and its affiliates, along with 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" includes, but is not limited to, the use of all facilities, including, without limitation, the parking lot, entrance, building, simulator bays, walkways, hallways, and offices (collectively, the "Facilities"), as well as the rental and use of all equipment (the "Equipment") and participation in any other activities that take place at or are associated with the Facilities.
For clarity, "represent" includes making a booking or reservation on behalf of other participants or inviting guests to use the Facilities under my name or supervision.
I acknowledge that Golfing, my presence at the Facilities, and my use of the Facilities and Equipment involve certain risks, dangers, and hazards, including but not limited to:
I FREELY ACCEPT AND FULLY ASSUME ALL SUCH RISKS, DANGERS, AND HAZARDS, both on my own behalf and on behalf of any individuals or groups whom I represent and permit to enter or use the Facilities and Equipment.
In consideration of being permitted to use the Facilities and Equipment, I hereby agree as follows, on my own behalf and on behalf of all individuals or groups whom I represent and permit to enter or use the Facilities and Equipment:
I waive any and all claims I have or may have in the future against the RELEASEES and release them from any and all liability for damages, expenses, or losses, including but not limited to illness, injury, or death, arising from my use or presence at the Facilities or my use of the Equipment, DUE TO ANY CAUSE WHATSOEVER, including but not limited to negligence, breach of contract, duty of care, duty of good faith, or fiduciary duty, including duties under the Occupiers' Liability Act.
I agree to hold harmless and indemnify the RELEASEES from any liability for damage, loss of property, personal injury, illness, or death suffered by any individual or group arising from any willful or negligent act or omission by me, or by individuals or groups whom I permit to enter or use the Facilities and Equipment.
Notwithstanding anything to the contrary in this Release Agreement, the RELEASEES' total liability under this Release Agreement shall be limited to the amounts paid by me or my group for the use of the Facilities and Equipment, and the RELEASEES shall not be liable for any punitive, exemplary, aggravated, or consequential damages.
If any provision of this Release Agreement is found to be invalid or unenforceable, the remaining provisions shall continue in full force and effect.
This Release Agreement is binding upon my heirs, next of kin, executors, administrators, successors, assigns, and representatives, as well as any individuals or groups I represent in signing this agreement.
This Release Agreement shall be governed by and interpreted in accordance with the laws of the Province of Ontario, and any litigation involving this Release Agreement shall be brought exclusively within the Courts of the Province of Ontario.
I certify that I am in good physical and mental health and able to participate in Golfing. In the event of injury or medical emergency, I consent to the provision of basic first aid or emergency medical treatment by KStadium Golf staff or medical personnel.
I agree to follow all safety instructions, facility rules, and staff directions while on the premises. Failure to comply may result in immediate removal from the Facilities without refund.
I understand that KStadium Golf does not provide personal accident, health, or property insurance for participants. I am responsible for obtaining such coverage if desired.
KStadium Golf shall not be liable for any injury, loss, or delay caused by circumstances beyond its reasonable control, including but not limited to equipment malfunction, power outage, or extraordinary events.
I consent to KStadium Golf taking photographs or video recordings of me or my group for promotional, marketing, or social media purposes. I understand that no compensation will be provided and that my consent can be withdrawn at any time in writing.
If the participant is under the age of 18, this Release Agreement must be signed by a parent or legal guardian, who hereby agrees to indemnify and hold harmless the RELEASEES from any and all claims which may be brought on behalf of the minor, and confirms that they have explained the risks and terms of this Release Agreement to the minor, who understands and accepts them.
Parent/Guardian Name:
Signature:
Date:
I HAVE READ AND UNDERSTAND THIS RELEASE AGREEMENT. BY ENTERING OR USING THE FACILITIES AT KSTADIUM GOLF, I AM WAIVING CERTAIN LEGAL RIGHTS THAT I, MY HEIRS, NEXT OF KIN, EXECUTORS, ADMINISTRATORS, SUCCESSORS, ASSIGNS, REPRESENTATIVES, OR ANY GROUP OR INDIVIDUALS I REPRESENT MAY HAVE AGAINST THE RELEASEES.
Name:
Signature:
Date: