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

 

BY ENTERING FACILITY, I am agreeing to this release and waiver of liability and indemnity.

 

DEFINITIONS

 

Birdies Indoor Golf (2781648 Ontario Corp.) and its affiliates, and 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, parking lot, entrance, building, the simulator bays, walkways, hallways, and offices. (collectively, “Facilities”) and rental and use of all equipment (“Equipment”) and all other activities which 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 many risks, dangers and hazards including, but not limited to, slips and falls; being hit by stray golf balls or golf clubs; failure to act safely or within one’s own ability or to stay within designated areas; injury, illness or death resulting from physical activity or exertion, including but not limited to as a result of any pre-existing medical condition that might affect my ability to safely participate in physical exertion, or resulting from exposure to, and the spread of, SARS-COV-2 CORONAVIRUS AND COVID-19 disease, or any other disease, bacteria or virus, whether or not the subject of an outbreak, an epidemic or a pandemic; delays in performing maintenance or repairs to the Facilities or Equipment due to the absence of onsite personnel at automated facilities; negligence of other persons; and negligence on the part of the RELEASEES, which includes but is not limited to failure on the part of the RELEASEES to take reasonable steps to safeguard or protect me from the risks, dangers, and hazards mentioned above.

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

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RELEASE AND WAIVER OF LIABILITY AND INDEMNITY

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In consideration of the RELEASEES permitting my use of the Facilities or Equipment, I hereby agree as follows, ON MY OWN BEHALF AND ON BEHALF OF ALL INDIVIDUALS WHOM I PERMIT TO ENTER THE FACILITIES AND TO USE THE FACILITIES AND EQUIPMENT:

 

1. TO WAIVE ANY AND ALL CLAIMS that I have or may in the future have against the RELEASEES and TO RELEASE THE RELEASEES from any and all liability for any damage, expense or loss including but not limited to illness, injury or death that I may suffer as a result of my use of or presence at the Facilities or my use of the Equipment DUE TO ANY CAUSE WHATSOEVER, INCLUDING BUT NOT LIMITED TO NEGLIGENCE; OR BREACH OF CONTRACT, DUTY OF CARE, DUTY OF GOOD FAITH OR FIDUCIARY DUTY, INCLUDING BUT NOT LIMITED TO ANY DUTY OWED UNDER THE OCCUPIERS LIABILITY ACT, in respect of the maintenance or repair of the Facilities; the selection, maintenance or repair of the Equipment; the provision or failure to provide any warnings, directions or instructions as to the use of the Facilities or Equipment; or the risks, dangers and hazards referred to above. I UNDERSTAND THAT NEGLIGENCE INCLUDES BUT IS NOT LIMITED TO FAILURE ON THE PART OF THE RELEASEES TO TAKE REASONABLE STEPS TO SAFEGUARD OR PROTECT ME FROM THE RISKS, DANGERS AND HAZARDS REFERRED TO ABOVE;

2. To hold harmless and indemnify the RELEASEES from any and all liability for any damage to or loss of property of or personal injury, illness or death suffered by any individual arising from any wilful or negligent act or omission by me, or by individuals whom I permit to enter the Facilities and to use the Facilities and Equipment;

3. Notwithstanding anything to the contrary in this Release Agreement, THE RELEASEES’ TOTAL LIABILITY UNDER THIS RELEASE AGREEMENT SHALL BE LIMITED TO AMOUNTS PAID BY ME FOR USE OF THE FACILITIES AND EQUIPMENT, and the RELEASEES will not under any circumstances be liable for punitive, exemplary, aggravated or consequential damages;

4. This Release Agreement shall be effective and binding upon my heirs, next of kin, executors, administrators, successors, assigns and representatives;

5. This Release Agreement shall be governed by and interpreted solely in accordance with the laws of the Province of Ontario and no other jurisdiction; and

6. Any litigation involving this Release Agreement shall be brought solely within the Province of Ontario and shall be within the exclusive jurisdiction of the Courts of the Province of Ontario.

 

I HAVE READ AND UNDERSTAND THIS RELEASE AGREEMENT AND I AM AWARE THAT BY ENTERING THIS FACILITY, USING THE EQUIPMENT AND THE FACILITIES, 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.