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THIS AGREEMENT AFFECTS YOUR LEGAL RIGHTS! PLEASE READ CAREFULLY

In consideration for my use of Birdie Indoor Golf Center Ltd.’s services, facilities, and equipment, I agree to this release and waiver of liability and indemnity (“Agreement”).

DEFINITIONS 

Birdie Indoor Golf Center Ltd. and its managers, members, employees, agents, officers, directors, affiliates, volunteers, participants, clients, customers, invitees, independent contractors, subcontractors, insurers, facility operators, representatives, sponsors, premise owners and all other persons or entities acting in any capacity on its behalf, together with their respective successors and assigns are collectively referred to as the “Releasees”.

Myself, my spouse, children, wards, if any, and their respective successors and assigns are hereby known collectively as the “Releasing Parties”. 

In this Agreement the term “Golfing” includes but is not limited to the use of all facilities, including, without limitation, the parking lot, entrance, building, the simulator bays, walkways, hallways, and offices (collectively, “Premises”) and all other activities which take place at the Premises. 


All claims, actions, causes of action, proceedings, suits, costs, liabilities, damages, expenses, losses of any kind, and attorney’s fees, however caused, including, without limitation by reckless, negligent or grossly negligent conduct are hereafter collectively “Claims

ASSUMPTION OF RISK AND LOSS 

I acknowledge that Golfing at the Premises involves an inherent risk of serious physical injury to both active participants and spectators posed by hazards including, but not limited to, slips and falls, contact with other participants or objects, equipment related injury, physical exertion, and all other such risks known and appreciated by me. I understand and acknowledge that Golfing may result in injuries ranging from bruises and blisters to more serious bodily injury, illness, or even death to myself and any other participants, including but not limited to the Releasing Parties. I understand that despite all efforts by the Releasees and Releasing Parties to reduce the risks of Golfing, the risk of serious injury, including death, is not eliminated and remains foreseeable. I acknowledge that by participating in, observing, or allowing minors of whom I have legal custody to participate or observe Golfing at the Premises, I am, on behalf of myself and the Releasing Parties, expressly assuming all risks associated with Golfing and expressly agreeing not to sue for any injury resulting from such participation. 

I KNOWINGLY AND FREELY ACCEPT AND FULLY ASSUME ALL KNOWN AND UNKNOWN RISKS ON BEHALF OF MYSELF AND THE RELEASING PARTIES, INCLUDING, WITHOUT LIMITATION, ALL RISKS OF INJURY, DAMAGE, AND DEATH. 

I further agree that none of the Releasees will be responsible for the loss or theft of my personal property, or that of any of the Releasing Parties while I or any of the Releasing Parties are on the Premises. I assume full financial responsibility for any damage or injury that may occur to myself or any of the Releasing Parties and their personal property while on the Premises. I acknowledge that my participation and the participation of any of the Releasing Parties in Golfing is free and voluntary in spite of the risks. I acknowledge that I and any of the Releasing Parties are physically capable of performing the physical activities that I, and any of the Releasing Parties choose to participate in while on the Premises, and agree to assume the risk of injury or aggravation of injury resulting from any preexisting medical or physical condition of any of the Releasing Parties, irrespective of whether such condition was known or unknown to me. I further agree to pay for the cost of medical assistance should any of the Releasees request such assistance, at their sole discretion, on the behalf of any of the Releasing Parties. 

REPRESENTATIONS 

I acknowledge and represent to the Releasees that:

  1. I and all of the Releasing Parties participating in Golfing are physically able and qualified to participate in all such activities and have no preexisting physical or medical condition, including without limitation any allergies or exercise induced conditions, that could endanger such participant while Golfing. 
  2. I and all of the Releasing Parties will conduct themselves at all times, while on the Premises, in a safe and responsible manner and will take reasonable safety precautions to avoid risks, dangers and hazards inherent to Golfing. I acknowledge that reasonable safety precautions include, and are not limited to, following the procedures and safety rules of Golf Canada, and general rules of golf. 
  3. I have the authority to enter this Agreement on behalf of all the Releasing Parties, and understand that the Releasing Parties will rely upon such representation.
  4. I certify and represent that I have adequate personal insurance or sufficient personal assets to fully indemnify the Releasees against any Claims which I have an indemnity obligation under this Agreement. I further certify and represent that I have adequate personal insurance or sufficient personal assets to fully defend, hold harmless and indemnify the Releasees against any Claims of any third party caused in whole or in part by any act or omission of one or more of the Releasing Parties. 

RELEASE AND WAIVER OF LIABILITY AND INDEMNITY

In consideration of the services and activities provided by the Releasees, I hereby agree as follows: 

  1. On behalf of myself and each of the Releasing Parties, I hereby agree to forever release, remise, discharge, defend, hold harmless and indemnify the Releasees from any and all Claims, including but not limited to all direct, special, incidental, exemplary, punitive or consequential damages, however caused, including without limitation by, reckless, negligent or grossly negligent conduct of any of the Releasees that arise on, are based on, or result from any act, event, occurrence or omission on the Premises. 
  2. On behalf of the Releasing Parties, I agree to not to initiate, prosecute, aid another party in prosecuting, or assert or maintain any Claim against the Releasees in any court or otherwise with respect to matters henceforth released and waived, including but not limited to any Claim under common law. 
  3. I understand that the Releasing Parties may be injured by third parties such as other customers or invitees of the Releasees at the Premises (“Third Parties”) and I agree to release, discharge, waive, defend and indemnify the Releasees against any Claims arising from acts or omissions of Third Parties on the Premises. I also acknowledge that the acts or omissions of the Releasing Parties may cause injury to Third Parties while on the Premises and I agree to defend and indemnify the Releasees against any claim in such event which was caused either wholly or partly by one or more of the Releasing Parties. 
  4. On behalf of the Releasing Parties, I hereby waive, to the full extent permitted by applicable law, any right the Releasing Parties or myself may have to trial by jury in any legal proceeding directly or indirectly arising out of, or relating to this Agreement, or any injury sustained or caused by any person in connection to Golfing at the Premises. 
  5. This Agreement shall be governed by, and construed and enforced in accordance with, the laws in force in the province of British Columbia, excluding any conflict of laws rules or principles, and the venue for disputes shall be exclusively in the courts of the Province of British Columbia. I agree to waive any objection to improper venue or inconvenience to the conduct of any proceeding in any such court, and further agree to indemnify and hold harmless the Releasees of any costs and fees incurred to enforce this Agreement. 
  6. I acknowledge and agree that this Agreement is intended to be as broad as is permitted by British Columbian law. In the event that any term, clause or provision, or or any portion of a provision, of this Agreement is held to be invalid, illegal, or unenforceable, I intend that such clause should be severed from the Agreement and that the remainder of the Agreement shall continue in full legal force and effect. 
  7. I acknowledge and agree that this Agreement represents the entire understanding of the parties with respect to the subject matter hereof and supersedes any prior agreement or communications, whether written, oral, electronic or otherwise, between the parties. Except as expressly provided in this Agreement, there are no representations, warranties, conditions, other agreements of acknowledgements, whether direct or collateral, express or implied, that form or affect this Agreement. I further agree that no subsequent modification is binding unless reduced to writing and signed by the party against whom enforcement is sought. 
  8. I understand that Birdie Indoor Golf Center Ltd. would not allow the use of the Premises, or the engagement in any Golfing, to me or any of the Releasing Parties, without my agreement to the terms and conditions set forth in this Agreement. 

MODEL RELEASE 

I hereby irrevocably grant Birdie Indoor Golf Center Ltd. the right to photograph, videotape, and/or record me and any of the Releasing Parties and to use our names, face, likeness, voice and appearance in connection with exhibitions, publicity, advertising and or promotional materials without reservation or limitation. 

PARENT OR GUARDIAN LIABILITY WAIVER ON BEHALF OF MINOR 

I represent that I am qualified as the parent, legal guardian, or authorized custodian of the above listed persons (“Minor”) and that I have the authority to execute this Agreement on behalf of the Minor. I agree to be legally bound by this Agreement and to indemnify and hold harmless the Releasees from any Claims that may arise from the Minor while on the Premises. I agree to personally defend and indemnify the Releasees for and from any Claim arising from the Minor’s participation in Golfing on the Premises if it is determined that I did not have the authority to sign the Agreement on behalf of the Minor. 

I HAVE READ THIS RELEASE AGREEMENT IN ITS ENTIRETY, FULLY UNDERSTAND ITS TERMS, AM AWARE THAT I AM GIVING UP SUBSTANTIAL LEGAL RIGHTS BY ENTERING AND USING THE FACILITIES OF THIS CLUB AND DO SO FREELY AND VOLUNTARILY WITHOUT INDUCEMENT.