HYDE PARK GOLF

TO: 10000036940 ONTARIO INC., operating as HYDE PARK GOLF, and its affiliates, and their respective directors, officers, shareholders, employees, instructors, agents, independent contractors, subcontractors, representatives, sponsors, successors and assigns, other participants at 1828 Blue Heron Drive, London, ON N6H 0B7 (the “Property”), the owners and lessors of the Property

 

Definitions

 

In consideration of the RELEASEES permitting my use of all facilities, including, without limitation, the hitting rooms, pathways washroom and waiting lounge (collectively, “Facilities”), rental and use of all equipment (“Equipment”) and my golfing and participating all other activities which take place at the Facilities (collectively the “Activities”), 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. ASSUMPTION OF RISK: The Activities involve many inherent 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; mechanical and other failure of the Equipment and the Facilities; lack of awareness on the part of the Releasees as to my health and ability to participate in the Activities, 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 REFERRED TO ABOVE.

2. I KNOWINGLY AND FREELY ASSUME ALL SUCH RISKS, dangers and hazards and the possibility of personal injury, property damage or loss resulting therefrom, both known and unknown, EVEN IF ARISING FROM THE NEGLIGENCE OF THE RELEASEES or others and assume full responsibility for my participation. I understand that such risks simply cannot be eliminated from the Activities. My participation in the Activities is purely voluntary. I agree to, at all times, inspect my surroundings for possible risk and determine for myself that conditions are acceptable for me to commence or continue my participation in the Activities. I acknowledge that the Releasees are not responsible for active direct supervision of my participation in the Activities. I also agree my attendance, commencing or continuing, indicates acceptance of all hazards involved. I acknowledge that, before commencing the Activities, I will be familiar with and responsible for the correct use of the equipment provided to me by the Releasees and will immediately cease any Activities in the event I am unfamiliar with such proper use of the equipment. If I observe any unusual or significant hazard during my presence or participation, I will remove myself from participation and bring such hazard to the attention of the nearest Releasee immediately. I covenant to fulfill my obligations and obey the Rules, as may be amended from time to time.

3. RELEASE OF LIABILITY, WAIVER OF CLAIMS AND INDEMNITY: In consideration of the Releasees allowing me to participate in the Activities, and for other good and valuable consideration, the receipt and sufficiency of which is acknowledged, I hereby agree:

   1. to waive any and all claims that I have or may have in the future against the Releasees and to release the Releasees from any and all liability for any loss, damage, expense or injury, including death, that I may suffer or that my next of kin may suffer, as a result of my participation in the Activities, due to any cause whatsoever, including negligence, breach of contract, or breach of any statutory or other duty of care, including any duty of care owed under the Occupiers’ Liability Act, RSO 1990, c O2, on the part of the Releasees, and further including the failure on the part of the Releasees to take reasonable steps to safeguard or protect me from the risks, dangers and hazards of participating in the Activities;

   2. that the Releasees are not liable or responsible for any damage to, loss or theft of my property; and,

   3. to hold harmless and indemnify the Releasees from any and all liability for any damage, loss, claim, action, suit or personal injury resulting, directly or indirectly, from my participation in the Activities. I further agree that if despite this Release Agreement, I, or anyone on my behalf, makes a claim against any of the Releasees, I will indemnify, save and hold harmless each of the Releasees from any litigation expenses, legal fees, loss, liability, damage or cost which may incur as the result of such claim.

4. 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;

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

6. This Release Agreement and any rights, duties and obligations as between the parties to 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 any litigation involving the parties to this Release Agreement shall be brought solely within the Province of Ontario and shall be within the exclusive jurisdiction of the Courts of Ontario.

7. By entering into this Release Agreement, I am not relying on any oral or written representations or statements made by the Releasees with respect to the safety of participating in the Activities, other than what is set forth in this Release Agreement.

8. I have read this Release Agreement prior to agreeing to participate in the Activities, have had sufficient opportunity to review its terms, fully understand its terms, and I am aware that by clicking I agree to this Release Agreement I am waiving substantial legal rights which I or my heirs, next of kin, executors, administrators, assigns and representatives, may have against the Releasees. I confirm that I am signing this Release Agreement freely and voluntarily without any inducement, realizing that it is a legally binding document.

9. I confirm that I have been provided with an opportunity to request a copy of this Release Agreement.