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KStadium Golf Waiver

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KStadium Golf Waiver

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

BY ENTERING KSTADIUM GOLF, I AGREE TO THIS RELEASE AND WAIVER OF LIABILITY AND INDEMNITY, EITHER AS AN INDIVIDUAL OR AS A REPRESENTATIVE OF A GROUP.

DEFINITIONS

KStadium Golf (operated by Golf Zone Studio Inc.) 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, “Facilities”), as well as the rental and use of all equipment (“Equipment”) and participation in any other activities that take place at the Facilities.

ASSUMPTION OF RISKS

I acknowledge that Golfing, my presence at the Facilities, and my use of the Facilities and Equipment involve risks, dangers, and hazards, including but not limited to:

  • Slips, trips, and falls;
  • Being hit by stray golf balls or clubs;
  • Failing to act safely or within my own ability or to stay within designated areas;
  • Injury, illness, or death resulting from physical exertion, including pre-existing medical conditions;
  • Exposure to and the spread of infectious diseases, including but not limited to COVID-19, bacteria, or viruses;
  • Delays in maintenance or repairs due to unforeseen circumstances;
  • Negligence of other persons;
  • Negligence on the part of the RELEASEES, including failure to take reasonable steps to safeguard or protect me from the risks mentioned above.

I FREELY ACCEPT AND FULLY ASSUME ALL RISKS, DANGERS, AND HAZARDS REFERRED TO ABOVE, BOTH ON MY OWN BEHALF AND ON BEHALF OF ANY INDIVIDUALS OR GROUPS WHOM I REPRESENT AND PERMIT TO ENTER THE FACILITIES OR USE THE FACILITIES AND EQUIPMENT.

RELEASE AND WAIVER OF LIABILITY AND INDEMNITY

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 THE FACILITIES AND USE THE FACILITIES AND EQUIPMENT:

  1. WAIVER OF CLAIMS: 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.
  2. INDEMNITY: 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 the Facilities and use the Facilities and Equipment.
  3. LIMITATION OF LIABILITY: 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.
  4. BINDING AGREEMENT: 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.
  5. GOVERNING LAW & JURISDICTION: This Release Agreement shall be governed by and interpreted in accordance with the laws of the Province of Ontario. Any litigation involving this Release Agreement shall be brought exclusively within the Courts of the Province of Ontario.

I HAVE READ AND UNDERSTAND THIS RELEASE AGREEMENT. BY ENTERING KSTADIUM GOLF, USING THE EQUIPMENT, AND UTILIZING THE FACILITIES, 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: _______________________________________