1. Definitions
Where used herein, the following terms shall have the following meaning respectively:
a) “Company” – refers to GolfzonWPG St James.
b) “Equipment” – refers to golf equipment including but not limited to golf clubs, golf balls, tees, gloves and footwear, as well as electronic golf simulators and all of their ancillary equipment.
c) “Facility” – refers to the Company’s facility located at 1045 St James St, Winnipeg, MB R3H 1B1 Canada.
d) “Golfing” – refers to the use of the facility or equipment.
2. Acknowledgement and Assumption of Risk
I am aware that by attending at the facility, using the equipment, being in the presence of the Equipment, Golfing or participating in Golfing:
includes many risks, hazards and dangers, including but not limited to Equipment malfunction, defective or negligent design or manufacture of equipment; carelessness or negligent instruction or supervision; slips and falls, accidents or collisions; negligence of other persons; or being hit by a golf club, golf ball, equipment, or other objects which may become displaced, and may result in harm or injury to my person, property or the Minor or parcel thereof. (collectively referred to as the “Risks, Dangers and Hazards”)
I knowingly and freely accept and assume all of the Risks, Dangers and Hazards associated with attending the facility, using the equipment, being around the Equipment, Golfing or participating in Golfing.
I acknowledge and confirm that:
a) I am solely responsible for my health and safety;
b) I am physically capable of participating in Golfing and using the equipment;
c) I have no pre-existing physical or medical condition, which would endanger a third party or me while participating in Golfing or using the equipment;
d) I am at least 18 years of age; and
e) I will immediately notify the Company and its representatives if I become aware of any damaged Equipment. In addition, I will not use any damaged Equipment as I acknowledge that the use of damaged equipment may lead to increased Risks, Dangers and Hazards.
3. Release of Liability
In consideration of the Company permitting me to attend at the facility and to watch or participate in Golfing, I, on behalf of myself and my representatives, heirs, successors, assigns, guardians, and legal representatives, now fully and forever release, waive, discharge, hold harmless, defend and indemnify the Company and its affiliates, contractors, agents, employees, officers, directors, and shareholders (the “Releasees”) from and against any claims, demands, suits, actions, causes of action or liability of any kind whatsoever for any damages, losses, injuries, death, costs or expenses (including legal fees and disbursements) arising out of or relating to;
a) My attendance at the facility;
b) My participation in Golfing or use of the equipment;
c) Any actions by third parties, including but not limited to other persons who are in attendance at the facility or participating in Golfing or using the equipment; and
d) Any negligent or intentional acts, whether directly or indirectly connected to the Facility, Golfing or the equipment.
For greater certainty, I agree to hold harmless and indemnify the Company and the Releasees from any liability for any damage whatsoever, including loss of property or personal injury resulting from my attendance at the facility, my participation in Golfing/or my use of the equipment.
4. Safety Rules
At all times, I agree to follow the Company’s safety rules, which include, but are not limited to:
a) Before swinging a golf club, I will always check to make sure that no persons are in the vicinity which could get hit by the golf club;
b) I will pay attention to my surroundings;
c) I will only swing golf clubs when I am in the designated area of the golf simulator;
d) I will only swing golf clubs to engage with the electronic golf simulator.
e) When I am in the golf simulator, I will not swing a golf club until all persons are behind the designated caution line;
f) I will watch my step when using the golf simulator, and I acknowledge that the hitting platforms on the golf simulator can move during use of the golf simulator and that they can create a tripping hazard;
g) I will stay behind the designated caution line when another person is using the golf simulator;
h) I will not bring any food or drinks past the designated caution line; and
i) I will control my alcohol consumption such that I will not become a risk to myself or others while Golfing, using the equipment or being present in the facility.
5. General Provisions
a) I acknowledge that the Releases are relying on this Liability Waiver in allowing me to attend at the facility, participate in Golfing and use the equipment, and that but for the signing of this Liability Waiver, I would not be allowed to attend at the facility, participate in Golfing and use the equipment.
b) This Liability Waiver constitutes the entire agreement and understanding between the Parties relating to the subject matter hereof. It supersedes all other agreements, oral or written, made between the Parties for such subject matter. Except as provided herein, this Liability Waiver may not be amended or modified in any way except by a written instrument signed by both Parties.
c) The headings, article, section and paragraph numbers appearing in this Liability Waiver are inserted for convenience of reference only and will not in any way affect the construction or interpretation of this Liability Waiver. The words “hereof,” “herein,” “hereunder,” and similar expressions used in any article, section, subsection or paragraph of this Liability Waiver relate to the whole of this Liability Waiver and not to that article, section, subsection or paragraph only, unless otherwise expressly provided for or if the context clearly indicates the contrary.
d) If for any reason whatsoever, any term or condition of this Liability Waiver or the application thereof to any party or circumstance is to any extent invalid or unenforceable, all other terms and conditions of this Liability Waiver or the application of such terms and conditions to the Parties or circumstances will not be affected thereby. They will be separately valid and enforceable to the fullest extent permitted by law. The unenforceable provision(s) will be deemed to be amended to the extent needed to render them enforceable to reflect the intentions of the Parties best.
e) This Liability Waiver will be construed by and governed by the laws of the Province of Manitoba and the laws of the Country of Canada applicable therein. Each of the Parties hereto irrevocably submits to the exclusive jurisdiction of the courts of the Province of Manitoba and covenants to appear before such courts.
f) Any reference in this Liability Waiver to gender includes all genders, and words importing the singular number also shall include the plural and vice versa.
6 . Parent or Guardian Liability Waiver on behalf of Minor:
I represent and acknowledge that I am the parent, legal guardian or authorized custodian of any individual(s) under the age of 18 years (referred to in this Liability Waiver as the “Minor”) who attends at the facility with me or whom I bring into the facility. I represent that I have the legal authority to execute this Liability Waiver on behalf of the Minor.
I agree to indemnify and hold harmless the Company and the Releasees for any claims that the Minor may now have or may arise in the future as against the Releasees arising out of the Minor attending at the facility, participating in Golfing or using the equipment.
Suppose I do not have the authority to sign this Liability Waiver on behalf of the Minor. In that case, I agree to indemnify the Company and the Releasees from any claims made by the Minor or their legal representatives arising out of the Minor attending at the facility, participating in Golfing or using the equipment.
I acknowledge and confirm that:
a) The Minor is physically capable of participating in Golfing and using the equipment;
b) The Minor does not have any pre-existing physical or medical conditions which would endanger them or a third party while participating in Golfing, using the equipment or being present in the facility;
c) The Minor will be under my supervision during their stay at the facility; and
d) The Company is not responsible for the loss of property of the Minor while at the facility.
I HAVE READ THIS LIABILITY WAIVER, I FULLY UNDERSTAND ITS TERMS, I UNDERSTAND THAT I AM GIVING UP RIGHTS BY ENTERING INTO THIS LIABILITY WAIVER, INCLUDING WAIVING CERTAIN LEGAL RIGHTS WHICH I OR MY HEIRS, NEXT OF KIN, EXECUTORS, ADMINISTRATORS, ASSIGNS AND RE PRESEANTIVIES MAY HAVE AGAINST THE COMPANY AND THE RELEASEES, AND I DO SO FREELY AND VOLUNTARILY WITHOUT ANY INDUCEMENT