I, the undersigned participant, hereby acknowledge and agree to the terms and conditions set forth in this Waiver and Release of Liability (the "Waiver") in consideration of being permitted to use the indoor golf simulator and related equipment at 365 Golf Simulators (the "Facility").
1. Assumption of Risk: I understand that using the indoor golf simulator involves inherent risks, including but not limited to the risk of injury, property damage, or other losses. I acknowledge that playing golf involves physical exertion and may require precise movements, and I voluntarily assume all such risks associated with my use of the indoor golf simulator.
2. Release and Waiver: In consideration of being allowed to use the indoor golf simulator and related equipment, I, on behalf of myself and my heirs, executors, administrators, and assigns, do hereby release and forever discharge 365 Golf Simulators, its owners, employees, agents, contractors, and representatives (collectively referred to as "Released Parties"), from any and all claims, demands, actions, causes of action, suits, liabilities, obligations, judgments, and liabilities of any kind, whether at law or in equity, arising out of or relating to any personal injury, property damage, or other loss that may result from my use of the indoor golf simulator, including but not limited to claims for negligence, premises liability, and breach of warranty.
3. Indemnification: I agree to indemnify, defend, and hold harmless the Released Parties from and against any and all claims, demands, actions, suits, liabilities, judgments, costs, expenses, and attorneys' fees arising out of or in connection with my use of the indoor golf simulator, whether or not caused by the negligence of the Released Parties.
4. Medical Condition: I hereby represent that I am in good health and physical condition and that I have no medical condition that would prevent me from safely using the indoor golf simulator. I understand that it is my responsibility to consult with a medical professional before using the indoor golf simulator if I have any concerns about my health or physical condition.
5. Use of Facility: I agree to use the indoor golf simulator and related equipment in a safe and responsible manner. I will follow all posted rules, guidelines, and instructions provided by the Facility's staff.
6. Severability: If any provision of this Waiver is deemed invalid or unenforceable, the remaining provisions shall remain in full force and effect.
I have carefully read and understood this Waiver and Release of Liability, and I voluntarily agree to its terms. I acknowledge that by signing this Waiver, I am giving up certain legal rights, including the right to sue the Released Parties for any claims arising from my use of the indoor golf simulator.
365 Golf Simulators
141 Reach Street, Unit 2A, Uxbridge, Ontario, L9P 1L3
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