Inconsideration of my entering the facility and my participation and use of the amenities provided by NEXT GOLF (and includes any subsidiaries or related corporations and shall apply to all locations operated by NEXT GOLF or its subsidiaries), I agree to this Release and Waiver of Liability, on my behalf and on behalf of all individuals whom I permit to enter the facilities and to use the facilities and equipment, which shall include but not limited to the use of all facilities, including, without limitation, parking lot, entrance, building, the simulator bays, walkways, hallways, and offices and the rental and use of all equipment at the premises (hereinafter called the “Facilities and Equipment”), and
INCONSIDERATION of my desire to participate in the activities at the premises and being given the opportunity to participate in same and I acknowledge the risks associated in conducting said activity, including but not limited to being injured by stray golf balls or golf clubs, overexertion, exacerbation of pre-existing medical conditions, exposure to any type of virus, such as covid, or any bacteria or communicable disease, or any other risks, whether or not said risks are foreseeable.
I hereby, for myself, my heirs, executors, administrators, assigns, or personal representatives (hereinafter collectively referred to as the “Releasors”),which terms shall include the Releasor’s parents or guardian if the Releasor is under 18 years of age, knowingly and voluntarily enter into this WAIVER AND RELEASE OF LIABILITY and hereby specifically waive any and all rights, claims, or causes of action of any kind whatsoever arising from or out of my participation in the Activity; and
I HEREBY release and forever discharge NEXT GOLF, their affiliates, managers, members, agents, staff, heirs, representatives, predecessors, successors and assigns(collectively referred to as the “Releasees”), from any physical or psychological injury that I may suffer as a direct or indirect result of my participation in the aforementioned Activity due to any cause whatsoever, including but not limited to negligence or breach of contract, duty of care or any other fiduciary duties, whether in case law or in common law. I further understand that negligence shall include but is not limited to inaction on the part of the Releasees to deal with the potential risks associated with the activities.
I AM VOLUNTARILY PARTICIPATING IN THE AFOREMENTIONED ACTIVITY AND I AM PARTICIPATING IN THE ACTIVITY ENTIRELY AT MY OWN RISK, IN MY SOLE DISCRETION. 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 OR SUFFERING, ILLNESS, DISFIGUREMENT, TEMPORARY OR PERMANENT, ECONOMIC OR EMOTIONAL LOSS, AND DEATH. I UNDERSTAND THAT THESE INJURIES OR OUTCOMES MAY ARISE FROM MY OWN OR OTHERS’ NEGLIGENCE,CONDITIONS RELATED TO THE NATURE OF THE ACTIVITY AND I FULLY ASSUME ALL RELATED RISKS, BOTH FORESEEN AND UNFORESEEN TO ME OR NEXT GOLF, OF MY PARTICIPATION INTHIS ACTIVITY.
I FURTHER AGREE to indemnify, defend and hold harmless the Releasees against any and all claims, suits or actions of any kind whatsoever for liability, damages, compensation or otherwise brought by me or anyone on my behalf, including solicitor’s fees and related costs.
I FREELY AND VOLUNTARILY ACCEPT AND FULLY ASSUME all risks, dangers, perils, liabilities and hazards, whether foreseen or unforeseen, on my own behalf and on behalf of all individuals whom I permit to enter the facilities and to use the facilities and equipment.
I FURTHER ACKNOWLEDGE that the Releasees are not responsible for errors, omissions, acts, failures to act, or negligence any party or entity at the Facilities.
I AGREE AND UNDERSTAND that alcohol consumption is strictly prohibited at the Facilities and the Releasees shall not be held liable in any manner whatsoever in the event of the breach of this condition, whether before, during, or after my attendance at the Facilities.
NOT WITHSTANDING anything to the contrary in this Release and Waiver of Liability, theReleasees’ total liability shall be specifically limited to the amounts paid by me for the use of the Facilities and Equipment and the Releasees shall not under any circumstances whatsoever be liable for any amounts of a punitive nature or for any exemplary, aggravated, direct or indirect, or consequential damages.
I FURTHER ACKNOWLEDGE that the Activity requires a certain level of physical ability, skills, and competency to engage in the physical activity and may carry with it potential risks of injury. I hereby assume any and all risks involved in such Activity, regardless of the nature and foreseeability of said risks.
This Release shall be governed by the laws of the Province of Ontario and no other jurisdiction and any actions shall be within the exclusive jurisdiction of theCourts of the Province of Ontario.
I HEREBY ACKNOWLEDGE THAT I HAVE CAREFULLY READ THIS “RELEASE AND WAIVER OF LIABILITY”AND FULLY WAIVE MY LEGAL RIGHTS WHICH I OR MY HEIRS, NEXT OF KIN, EXECUTORS,ADMINISTRATORS, SUCCESSORS, ASSIGNS, OR REPRESENTATIVES MAY HAVE AGAINST THE RELEASEES. I FURTHER INDEMNIFY THE RELEASEES IN ALL RESPECTS REGARDING MY USE OF THE FACILITIES AND EQUIPMENT.
I HEREBY AGREE TO THE ABOVE-NOTED TERMS AS NOTED ABOVE AND MY REGISTRATION WITH NEXT GOLF SHALL CONSTITUTE MY CONSENT AND AGREEMENT WITH THE ABOVE-NOTED TERMS.