Waiver and Release

This Waiver and Release of Liability (the “Release”) is entered into by all persons entering the Par Golf facility located at 15301 Hwy 48, Unit 15, Stouffville, ON (“Par Golf”).
By entering Par Golf and using the facility, you agree to the contents of this waiver and release of liability and indemnify Par Golf from any and all claims which you, the Participant, has or may have in the future against Par Golf.
In consideration for being allowed to use the virtual golf simulator facility at Par Golf, and all related equipment provided by Par Golf, the Participant agrees to the following terms and conditions:

Assumption of Risk by Participant

1. Participant understands and is aware that the activity of golf (the “Activities”) may cause serious injury to both the Participant or any observers in the facility. The Participant understands that the use of the indoor golf simulator involves inherent risks and dangers, and that the Participant may sustain serious injury, including but not limited to temporary or permanent disability, paralysis, death, and property damage. Such risks and dangers may be caused by the Participant’s own actions or inactions, the actions or inactions of others who are also participating in the Activities, the condition of the Property, adverse weather conditions, or the negligence of the Par Golf, its affiliates, and their respective directors, officers, employees, agents, representatives, shareholders, successors, and assigns (“Releasees”). PARTICIPANT VOLUNTARILY AND FREELY ASSUMES ALL RISKS, DANGERS, AND HAZARDS THAT MAY OCCUR PURSUANT TO PARTICIPATING IN THE ACTIVITIES, INCLUDING THE RISK OF INJURY, DEATH, OR PROPERTY DAMAGE, WHETHER CAUSED BY THE NEGLIGENCE OF PAR GOLF OR OTHERWISE.

Release of Claims against Par Golf

2. Participant hereby agrees to waive and release any and all claims which the Participant has or may have in the future against Par Golf and the Releasees arising from the participation of the Activities for any injury, temporary or permanent disability, death, damages, liabilities, expenses, costs, and/or causes of action, now known or hereinafter known in any jurisdiction in the world, whether caused by the negligence of Par Golf, the Releasees, or by any other reason. Participant acknowledges and agrees that this Release is a complete release of any responsibility of Par Golf and the Releasees for any injury, temporary or permanent disability, death, damages, liabilities, expenses, costs, and/or causes of action sustained by the Participant while participating in the Activities.

Indemnification

3. Participant agrees to indemnify, defend, and hold Par Golf, along with Releasees, harmless from and against any third party claims, losses, liabilities, damages, expenses, and costs, including reasonable outside attorneys’ fees and court costs, to the extent arising out of the Participant’s participation in the Activities, whether or not arising out of Par Golf and its Releasees (1) negligence or willful misconduct; (2) violation of applicable law; or (3) material breach of any of the Terms of this Release.

No Duty to Supervise

4. Participant acknowledges and agrees that they are aware that Par Golf and the Releasees have no duty to supervise the Activities of the Participant. The Releasees assume no responsibility or liability for the acts or omissions of Par Golf, the Releasees, or any such related persons.

Entire Agreement

5. This Release is the entire agreement between the parties with respect to the subject matter hereof and supersedes any prior agreement or communications between the parties, whether written, oral, electronic, or otherwise. Except as expressly provided in this Release, there are no representations, warranties, conditions, other agreements or acknowledgements, whether direct or collateral, express or implied, that form part of or affect this Release.

Governing Laws

6. This Release shall be governed by, and construed and enforced in accordance with, the laws in force in Ontario, Canada, excluding any conflict of laws rules or principles which might refer such construction to the laws of another jurisdiction. The Parties hereto agree to submit to the exclusive jurisdiction of the courts of Ontario, Canada, and waive any objection relating to improper venue or inconvenience forum to the conduct of any proceeding in any such court.

Severability

7. In the event that any term or provision, or any portion of a provision, of this Release is held to be invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of this Release.