2770253 ONTARIO INC. (o/a SWANG GOLF)
(hereinafter referred to as “Swang Golf”)
In consideration for my use of Swang Golf’s services, facilities, and equipment, I agree to the 2770253 Ontario Inc. (o/a Swang Golf) customer waiver (the “Client Waiver”) and its terms and conditions, as follows:
I hereby understand and acknowledge that Swang Golf’s services, programs, events, and equipment, including the virtual reality golf simulator experience, may expose me to many 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 such 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 Swang Golf facility.
I acknowledge that I am physically fit and mentally capable of performing the physical activities I choose to participate in while attending the Swang Golf facility. After having read this Client Waiver and knowing these facts, I freely and voluntarily agree to participate in and use Swang Golf’s facilities and virtual reality 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 Swang Golf for any injury or accident that may occur while I attend the Swang Golf facility. I understand that I am solely responsible and liable for my actions while attending the Swang Golf facility and that the facility is not staffed at all times. As such, I will not hold Swang Golf responsible for any acts by any other individuals attending the Swang Golf facility.
In consideration of Swang 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 HARMLESS, WAIVE AND FOREVER RELEASE AND DISCHARGE Swang Golf, its owners, employees, agents, officers, instructors, programs, organizers, representatives, successors, volunteers, and operators from any responsibility, liabilities, demands, or claims of any kind arising out of my attendance at Swang Golf’s facilities or my participation in Swang Golf 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 Swang Golf’s services, programs, and persons from any claim by me, or my family, estate, heirs, tranferees or assignees, arising as a result of my use of Swang Golf’s services, facilities, or equipment.
I acknowledge and agree that Swang Golf shall not be held responsible or liable for any technical errors or downtime which may affect the Swang 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 Swang Golf’s services, I may notify Swang 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, SWANG GOLF’S TOTAL LIABILITY TO ME SHALL NOT UNDER ANY CIRCUMSTANCES EXCEED THE TOTAL AMOUNT OF ALL THE MONIES I HAVE PAID TO SWANG GOLF.
To the maximum extent permitted by applicable law, I agree to defend, indemnify, and hold harmless Swang 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, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to my use of Swang 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 Swang Golf facility, and my actions while attending the Swang Golf facility.
I hereby understand, acknowledge, and agree to accept the risk that I may contract COVID-19 in Swang Golf facility. While Swang Golf takes every reasonable health and safety precaution, including having the staff wear personal protective equipment and regular deep-cleanings, Swang Golf cannot guarantee that I will not contract COVID-19 while on or near its facilities.
Swang 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 Swang Golf, which termination could have been reasonably foreseen. In such event, Swang Golf shall forthwith inform me of the termination and shall use all reasonable endeavours to comply with the terms and conditions of any agreement entered between myself and Swang Golf.
This Client Waiver will be governed by and 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.