2825486 ONTARIO LTD. (o/a SWING SPACE GOLF)

 

(Hereinafter referred to as “SWING SPACE GOLF”)

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In consideration for my use of Swing Space Golf’s services, facilities, and equipment, I agree to the 2825486 Ontario Ltd. (o/a Swing Space Golf) customer waiver (the “Client Waiver”) and its terms and conditions, as follows:

 

I hereby understand and acknowledge that Swing Space Golf’s services, programs, events, and equipment, including the virtual reality golf simulator experience, may expose me to inherent risks, including accidents, injury, illness, or even death. I assume all risks associated with participation including, but not limited to, falls, contact with other participants, equipment-related injury, the effects of the weather, including high heat and/or humidity, and all other suck risks being known and appreciated by me. I hereby acknowledge my responsibility in communicating any physical and psychological concerns that might conflict with participation in any activity at a Swing Space Golf facility.

 

I acknowledge that I am physically fit and mentally capable of performing the physical activities I choose to participate in white attending the Swing Space Golf facility. After having read this Client Waiver and knowing these facts, I freely and voluntarily agree to participate in and use Swing Space Golf’s facilities and virtual golf simulators. I understand the risks involved in these activities.

 

I understand that by signing this form, I am forfeiting my right to pursue legal recourse against Swing Space Golf for any injury or accident that may occur while I attend the Swing Space Golf facility. I understand that I am solely responsible and liable for my actions while attending the Swing Space Golf facility. Further, I will not hold Swing Space Golf responsible for any acts by any other individuals attending the Swing Space Golf facility.

 

In consideration of Swing Space Golf’s acceptance of my participation and furnishing of their services to me, I agree, for myself and anyone entitled to act on my behalf, to HOLD HARMESS, WAIVE AND FOREVER RELEASE AND DISCHARGE Swing Space Golf, its owners, employees, agents, officers, instructors, programs, organizers, representatives, successors, volunteers, and operators from any responsibility, liability, demands, or claims of any kind arising out of my attendance at Swing Space Golf’s facilities or my participation in Swing Space Golf’s virtual reality simulator, classes, programs, and/or events, whether foreseen or unforeseen, including those allegedly attributed to the above mentioned parties; and further, to save and hold harmless Swing Space Golf’s services, programs, and persons from any claim by me, or my family, estate, heirs, transferees or assignees, arising as a result of my use of Swing Space Golf’s services facilities, or equipment.

 

I acknowledge and agree that Swing Space Golf shall not be held responsible or liable for any technical errors or downtime which may affect the Swing Space Golf app, website, virtual reality screens, or other electronically-offered services from time to time. In the event a technical problem prevents or hinders my use of Swing Space Golf’s services, I may notify Swing Space Golf for a full refund of my session fee.

 

TO THE FULLEST EXTENT PERMISSIBLE BY LAW, OTHER THAN IN THE EVENT OF A FINDING OF GROSS NEGLIGENCE BY AN ONTARIO COURT, SWING SPACE GOLF’S TOTAL LIABILITY TO ME SHALL NOT UNDER ANY CIRCUMSTANCES EXCEED THE TOTAL AMOUNT OF ALL THE MONEY I HAVE PAID TO SWING SPACE GOLF.

 

To the maximum extent permitted by applicable law, I agree to defend, indemnify, and hold harmless Swing Space Golf, its affiliates, and their respective directors, officers, employees, agents, service providers, contractors, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgements, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to my use of Swing Space Golf’s equipment or facilities, including, but not limited to, my use of the virtual reality simulator, my use of any shared customer facilities, my use of any rented equipment, my interactions with other individuals in or around the Swing Space Golf facility, and my actions while attending the Swing Space Golf facility.

 

I hereby understand, acknowledge, and agree to accept the risk that I may contract COVID-19 in Swing Space Golf’s facility. While Swing Space Golf takes every reasonable health and safety precaution, including having the staff wear personal protective equipment and regular deep-cleanings, Swing Space Golf cannot guarantee that I will not contract COVID-19 while on or near its facilities.

 

Swing Space Golf shall not be liable for any failure to perform any obligation under any agreement which is due to an event beyond the control of such party including, but not limited, to any Act of God, terrorism, war, political insurgence, insurrection, riot, civil unrest, government-ordered lockdown, act of civil or military authority, uprising, pandemic, epidemic, earthquake, flood, or any other natural or man-made eventuality outside of our control, which causes the termination of an agreement or contract entered into by Swing Space Golf, which termination could have been reasonably foreseen. In such event, Swing Space Golf shall forthwith inform me of the termination and shall use all reasonable endeavors to comply with the terms and conditions of any agreement entered between myself and Swing Space Golf.

 

This Client Waiver will be governed by any construed in accordance with the laws of Ontario and the federal laws of Canada applicable therein, without giving effect to any choice or conflict of law provision, principle or rule (whether of the laws of Ontario or any other jurisdiction) and notwithstanding your domicile, residence or physical location.

 

I acknowledge and agree that I have read, understood, and accepted the terms and conditions of this Client Waiver and I have been afforded the opportunity to seek independent legal advice

with regards to this Client Waiver. For customers 18 years old or younger, a parent or guardian must agree to this Client Waiver on the customer’s behalf.