Waiver of Liability and indemnity
By ENTERING THIS FACILITY located at 1303 Mayor Magrath Dr. S Lethbridge, AB, I am agreeing to this Waiver of Liability and Indemnity hereinafter referred to as the “Release Agreement”.
True Swing Indoor Golf (971235 Alberta Ltd.) 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, the parking lot, entrances, building, simulator rooms, game room, washrooms, walkways and hallways collectively referred to as the “Facilities” and rental and use of all equipment hereinafter referred to as the “Equipment” and all other activities which take place at the Facilities.
In consideration of the Releasees permitting my use of the Facilities and/or Equipment, I hereby agree as follows:
I acknowledge that Golfing, my presence at the Facilities and my use of the Facilities and Equipment involves many risks, dangers, and hazards including but not limited to injury, illness or death due 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, physical activity or exertion including but not limited to any pre-existing medical condition that might affect my ability to safely participate in physical activity or exertion, 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, negligence of other persons, or 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.
I freely accept and fully assume these risks, dangers, and hazards, on my own behalf and on behalf of all individuals whom I permit to enter the Facilities and/or to use the Facilities and Equipment and 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 use of the Equipment due to these or any causes whatsoever, including but not limited to the provision or failure to provide any warnings, directions or instructions as to the use of the Facilities or Equipment, maintenance or repair of the Facilities or Equipment, and/or selection of the Equipment.
I agree to hold harmless and indemnify the Releasees from any and all liability for any damage to or loss of property 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.
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. This Release Agreement shall be effective and binding upon my heirs, next of kin, executors, administrators, successors, assigns and representatives and shall be governed by and interpreted solely in accordance with the laws of the Province of Alberta and no other jurisdiction; and any litigation involving this Release Agreement shall be brought in the city of Lethbridge and shall be within the sole and exclusive jurisdiction of the Courts of the Province of Alberta.
I HAVE READ AND UNDERSTAND THIS RELEASE AGREEMENT AND I AM AWARE THAT BY ENTERING THIS FACILITY, USING THE FACILITIES AND/OR EQUIPMENT, 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.