Liability Agreement

Release and Waiver of Liability Agreement

In consideration of my entry into the facilities and my participation in activities at Moulton Bay Golf Simulator, including the use of its amenities (and any subsidiaries or affiliates, and all locations operated by Moulton Bay Golf Simulator or its subsidiaries), I, the undersigned, agree to the following Release and Waiver of Liability, both on my own behalf and on behalf of all individuals I permit to enter the facilities or use the facilities and equipment. This includes, but is not limited to, the use of all facilities such as the parking lot, entrances, building, simulator bays, walkways, hallways, offices, and any rental or use of equipment on the premises (collectively referred to as the "Facilities and Equipment").

Acknowledgment of Risks:

In consideration of my desire to participate in the activities at the premises, and being given the opportunity to do so, I acknowledge that there are inherent risks involved in such activities. These risks include, but are not limited to, injury caused by stray golf balls or golf clubs, overexertion, aggravation of pre-existing medical conditions, exposure to viruses (such as COVID-19), bacteria, communicable diseases, or any other unforeseen risks associated with my participation.

Waiver and Release of Liability:

I, for myself, my heirs, executors, administrators, assigns, or personal representatives (collectively referred to as the "Releasors"—which term also includes the Releasor’s parents or guardians if the Releasor is under 18), knowingly and voluntarily enter into this Waiver and Release of Liability, and I specifically waive any and all rights, claims, or causes of action of any kind arising from my participation in the activities at Moulton Bay Golf Simulator.

I hereby release and forever discharge Moulton Bay Golf Simulator, its affiliates, managers, members, agents, staff, heirs, representatives, predecessors, successors, and assigns (collectively referred to as the “Releasees”), from any and all physical or psychological injury, illness, death, or any other harm that may occur directly or indirectly as a result of my participation in the activities. This includes any injuries caused by negligence, breach of contract, failure to exercise a duty of care, or any other legal obligation, whether in common law or otherwise. I understand that negligence includes the Releasees' failure to address risks associated with the activities.

Assumption of Risk:

I voluntarily participate in these activities and do so entirely at my own risk and discretion. I am aware of the risks associated with participating in these activities, which may include, but are not limited to, physical or psychological injury, pain or suffering, illness, disfigurement, both temporary and permanent conditions, economic or emotional loss, and even death. I understand these injuries or outcomes may result from my own actions, the actions of others, or conditions inherent to the nature of the activities. I fully assume all related risks, both foreseeable and unforeseeable.

Indemnity:

I agree to indemnify, defend, and hold harmless the Releasees from any and all claims, suits, or actions, including legal fees and costs, arising from any liability, damages, compensation, or other claims brought by me or anyone acting on my behalf.

Credit Card Information & Liability Clause:

1. Collection and Storage of Payment Information: By making a booking, you authorize Moulton Bay Golf Simulator (1000968560 Ontario Inc.) to securely collect and store your credit card information for the purpose of processing payments related to your reservation. This information will be stored in compliance with applicable data protection laws and industry standards, including PCI-DSS (Payment Card Industry Data Security Standard).
2. Use of Stored Credit Card Information: Your stored credit card information will be used solely for the purpose of processing payments, including but not limited to, charges for the booking, any applicable fees, cancellations, or no-show charges. You consent to these transactions being processed using the stored card details.
3. Security & Protection: Moulton Bay Golf Simulator (1000968560 Ontario Inc.) is committed to maintaining the highest level of security to protect your credit card information. However, while we take reasonable precautions to safeguard your data, you acknowledge that no system is completely secure, and [Company Name] cannot be held liable for any unauthorized access, data breaches, or other security incidents beyond our reasonable control.
4. Liability for Charges: You agree to assume full responsibility for any charges made to your stored credit card account in relation to your booking. In the event of a dispute or chargeback, you agree to resolve the issue directly with the payment provider and hold Moulton Bay Golf Simulator (1000968560 Ontario Inc.) harmless for any costs or damages arising from such disputes.
5. Right to Update or Remove Card Information: You have the right to update, modify, or remove your stored credit card information at any time. In the event you choose to remove or change your card information, you acknowledge that your booking may be subject to cancellation or new payment arrangements.

By confirming your booking, you agree to the terms outlined in this clause and authorize the storage and use of your credit card information as described above.

Acknowledgment of Facility Rules:

I freely and voluntarily accept and assume all risks, dangers, liabilities, and hazards associated with my participation in the activities at Moulton Bay Golf Simulator (1000968560 Ontario Inc.), whether these risks are known or unknown to me at the time. I acknowledge that the Releasees are not responsible for any errors, omissions, actions, inactions, or negligence of any party involved with the facilities. Furthermore, I agree to 

Alcohol Consumption:

I understand that alcohol consumption is strictly prohibited at the facilities. The Releasees shall not be held liable in any manner for any breach of this policy, whether before, during, or after my attendance at the facility.

No Smoking or Vaping:

The undersigned agrees and acknowledges that smoking and/or vaping of any kind is strictly prohibited on the premises, including but not limited to, all indoor areas. This includes the use of cigarettes, cigars, pipes, e-cigarettes, vapes, or any other related devices. The undersigned understands that failure to comply with this policy may result in immediate termination of access to the premises, fines, or other legal actions. The undersigned further agrees to indemnify and hold harmless the property owner, management, and their agents from any and all liability, claims, damages, or expenses arising from the undersigned's failure to adhere to this no smoking or vaping policy.

No Food or Beverages in Golf Simulator Area: 

The undersigned agrees and acknowledges that the consumption of food and beverages is strictly prohibited in the lower level (carpeted area) of the golf simulator area. The undersigned understands that food and beverages in the simulator area may cause damage to equipment, create cleanliness concerns, and disrupt the functionality of the facility. The undersigned accepts full responsibility for any damage, cleaning costs, or repairs resulting from the violation of this policy. The undersigned further agrees to indemnify and hold harmless the property owner, management, and their agents from any and all liability, claims, damages, or expenses arising from the consumption of food in the golf simulator area.

LED Screen:

By using or interacting with the LED screen provided, you acknowledge and agree to the following terms:

1. Responsibility for Damage: You are solely responsible for any damage caused to the LED screen, whether accidental or intentional, while it is in your possession or care. In the event the screen is broken, damaged, or otherwise rendered inoperable due to your actions, you agree to pay the full cost of repair or replacement, as determined by the provider, to restore the screen to its original condition.
2. Repair and Replacement Costs: The cost of repair or replacement will be assessed based on the actual value of the screen, including any associated fees, labor, or shipping charges necessary to return the screen to working order. Any cost will be charged to the credit card that is kept on file with the booking unless the client otherwise notifies Moulton Bay Golf Simulator with instructions. 
3. Indemnification: You agree to indemnify and hold harmless the provider, its employees, and affiliates from any claims, damages, or losses arising from your misuse, damage, or destruction of the LED screen.

Condition of Property & Responsibility for Maintenance:

1. Property Condition: You agree to leave the property in the same condition as you found it at the time of your arrival. This includes, but is not limited to, ensuring that all furnishings, appliances, and fixtures remain undamaged, clean, and in good working order.
2. Cleaning and Tidiness: You are responsible for maintaining the property in a clean and tidy state throughout your booking. This includes disposing of trash in the designated bins, cleaning up after meals or use of facilities, and ensuring that no damage is caused to the property during your stay.
3. Repairs and Damages: In the event that any damage or excessive wear occurs to the property during your stay, you agree to notify Moulton Bay Golf Simulator (1000968560 Ontario Inc.) immediately. You will be held financially responsible for the cost of any repairs, replacements, or cleaning required to restore the property to its original condition, as determined by Moulton Bay Golf Simulator (1000968580 Ontario Inc.).
4. Final Inspection: Prior to your departure, you agree to conduct a final inspection of the property to ensure that it is left in satisfactory condition. Failure to do so may result in additional cleaning or damage fees being charged to you.

Limitation of Liability:

Notwithstanding anything to the contrary in this Release, the Releasees’ total liability shall be limited to the amounts I have paid for the use of the facilities and equipment. The Releasees shall not be liable for any punitive, exemplary, aggravated, indirect, or consequential damages.

Physical Requirements and Risks:

I acknowledge that participation in the activities requires certain physical abilities and skills, and may involve risks of injury, whether foreseeable or not. I accept all risks involved, regardless of their nature.

Governing Law and Jurisdiction:

This Release shall be governed by the laws of the Province of Ontario, and any actions or disputes shall be subject to the exclusive jurisdiction of the courts of the Province of Ontario.

Acknowledgment of Understanding:

I hereby acknowledge that I have carefully read this Release and Waiver of Liability and fully understand its contents. I voluntarily waive any legal rights that I, my heirs, next of kin, executors, administrators, successors, assigns, or representatives may have against the Releasees. I further agree to indemnify and hold the Releasees harmless in all respects regarding my use of the facilities and equipment.

I understand that by using the equipment and facilities, I am waiving certain legal rights that I or my heirs, next of kin, executors, administrators, successors, assigns, or representatives may have against the Releasees.