The Launch Zone

Waiver
RELEASE AND WAIVER OF LIABILITY AND INDEMNITY AGREEMENT
This is a release and waiver of liability and indemnity. Please read carefully.
BY ENTERING AND USING THIS FACILITY, I AGREE TO THIS RELEASE AND WAIVER OF LIABILITY AND INDEMNITY AGREEMENT.
DEFINITIONS
The Launch Zone Inc. and its affiliates, including their respective directors, officers, shareholders, employees, instructors, agents, contractors, representatives, sponsors, successors, and assigns, are collectively referred to as the “RELEASEES.”
In this Release Agreement, the term “Indoor Golfing” includes, but is not limited to, the use of all facilities provided, including hitting bays, simulators, lounge areas, pathways, and waiting areas (collectively, the “Facilities”), as well as the rental and use of all equipment (“Equipment”) and all other activities conducted on the premises.
ASSUMPTION OF RISKS
I acknowledge that Indoor Golfing, my presence at the Facilities, and my use of the Equipment involve various risks, dangers, and hazards, including but not limited to slips, falls, being struck by golf balls or golf clubs, equipment malfunctions, failure to act safely or within my ability, exposure to or spread of diseases (such as SARS-COV-2 or COVID-19), and NEGLIGENCE ON THE PART OF THE RELEASEES, which includes failure to take reasonable steps to safeguard or protect me from the risks mentioned above.
I FREELY ACCEPT AND FULLY ASSUME ALL RISKS, DANGERS, AND HAZARDS REFERRED TO ABOVE, ON MY OWN BEHALF AND ON BEHALF OF ALL INDIVIDUALS WHOM I PERMIT TO ENTER THE FACILITIES AND TO USE THE FACILITIES AND EQUIPMENT.
RELEASE AND WAIVER OF LIABILITY AND INDEMNITY
In consideration of the RELEASEES allowing my use of the Facilities or Equipment, I hereby agree as follows, ON MY OWN BEHALF AND ON BEHALF OF ALL INDIVIDUALS WHOM I PERMIT TO ENTER THE 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; BREACH OF CONTRACT; DUTY OF CARE; OR ANY DUTY UNDER APPLICABLE LAW, in respect of the maintenance, repair, or condition of the Facilities, selection, maintenance or repair of the Equipment, or the provision or failure to provide warnings, directions, or instructions regarding the Facilities or Equipment;
2. To hold harmless and indemnify the RELEASEES from any and all liability for any damage to or loss of property, or personal injury, illness, or death suffered or caused 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. To permit the RELEASEES to charge the replacement value of any Equipment damaged by me, or by individuals whom I permit to enter the Facilities and to use the Facilities and Equipment, to the payment method used for my booking and payment for use of the Facilities and Equipment;
4. Notwithstanding anything to the contrary in this Release Agreement, THE RELEASEES’ TOTAL LIABILITY UNDER THIS 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;
5. This Release Agreement shall be effective and binding upon my heirs, next of kin, executors, administrators, successors, assigns, and representatives;
6. This Release Agreement shall be governed by and interpreted solely in accordance with the laws of the Province of Ontario and no other jurisdiction;
7. 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.
I HAVE READ AND UNDERSTAND THIS RELEASE AGREEMENT, AND I AM AWARE THAT BY USING THE EQUIPMENT AND THE FACILITIES, AND STAYING IN THIS FACILITY, I AM WAIVING CERTAIN LEGAL RIGHTS WHICH I OR MY HEIRS, NEXT OF KIN, EXECUTORS, ADMINISTRATORS, SUCCESSORS, ASSIGNS, AND REPRESENTATIVES MAY HAVE AGAINST THE RELEASEES, AND I AM AGREEING TO INDEMNIFY THE RELEASEES ON MY OWN BEHALF AND ON BEHALF OF ALL INDIVIDUALS WHOM I PERMIT TO ENTER THE FACILITIES AND TO USE THE FACILITIES AND EQUIPMENT.