RELEASE OF LIABILITY AND ASSUMPTION OF RISK AGREEMENT
By participating in any Together We Golf Instructions, Events and or Activities, I am agreeing to this release and waiver of liability and indemnity.
DEFINITIONS:
Together We Golf, its affiliates, and their
respective founders (Ian Kerr, Dwayne Fitzjames, Edric Ranford Brooks, Dain Wishart, and
Jeffrey J Francis), directors, officers, shareholders, employees, instructors, agents, independent
contractors, subcontractors, representatives, sponsors, successors and assigns are collectively
referred to as the “RELEASEES”
In consideration of the permission granted now or in the future by Together We Golf to participate in Golf instruction/event and or activities, which may include activities on a golf course, driving range, putting green, chipping area, or indoor facilities. Lessons/events are conducted in a variety of weather conditions.
ASSUMPTION OF RISK:
1. I am aware of the potential for the risk of injury from participating in the Together We Golf Instruction/event, and while particular rules, equipment, and personal discipline may reduce the risk, the risk of serious injury does exist; and 2. I will monitor weather conditions during the instruction/event and be aware of possible dangers. I am responsible for my safety on the golf course and must seek shelter immediately in a safe location when a dangerous situation arises; and, I must be aware of golfers, golf balls, golf power carts, cars, golf pull carts, uneven grounds, animals and wildlife. Cart riders must keep their feet in the cart until arriving at a complete stop. I understand that I can operate a power cart only if I hold and present a VALID G license. I have read and agree to all of the warnings, notices and signage presented online, in print throughout the grounds and play areas. I have read the scorecard. These risks included above also apply to my junior/child/children and guests. 3. I am aware my presence at the Indoor 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.
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 PARTICIPATE IN THE TOGETHER WE GOLF INSTRUCTION/EVENT ON THE GOLF COURSE AND OR TO ENTER THE INDOOR FACILITIES AND TO USE THE FACILITIES AND EQUIPMENT.
RELEASE AND WAIVER OF LIABILITY AND INDEMNITY
In consideration of the RELEASEES permitting my participation in future Instruction/Event on the golf course and or use of the Indoor Facilities or Equipment, I hereby agree as follows, ON MY OWN BEHALF AND ON BEHALF OF ALL INDIVIDUALS WHOM I PERMIT
TO ENTER THE GOLF COURSE AND OR ENTER THE INDOOR 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 willful 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.