This is a release and waiver of liability and indemnity. By entering and using the facilities at The Tee Box Screen Golf(2724273 Ontario Inc.) I am agreeing to this release and waiver of liability and indemnity.
Releasees: In this Release agreement, the term “Releasees” refers to The Tee Box Screen Golf and its affiliates, their respective directors, officers, shareholders, employees, instructors, agents, independent contractors, subcontractors, representatives, sponsors, successors and assigns.
Golf Activities: In this Release Agreement, the term “Golf Activities” shall include, but is not limited to: the use of all facilities without limitation, the hitting of bays, walkways and lounge/waiting areas, use of equipment, and all other activities, services and the use of facilities either provided, arranged or organized by the Releasees including instructional sessions or classes an all other activities which take place at the Facilities.
Negligence: In this Release Agreement, the term “Negligence” includes the failure by the Releasees to use such care as a reasonably prudent and careful mountain guide/instructor would use under similar circumstances, or breach of any other duty of care imposed by law. I AM AWARE OF THE RISKS, DANGERS AND HAZARDS ASSOCIATED WITH GOLF ACTIVITIES AND I FREELY ACCEPT AND FULLY ASSUME ALL
SUCH RISKS, DANGERS AND HAZARDS AND THE POSSIBILITY OF
PERSONAL INJURY, DEATH, PROPERTY DAMAGE OR LOSS RESULTING THEREFROM.
I understand and acknowledge that participating in The Tee Box Screen Golf’s services, programs, events and equipment, including the use of the virtual golf simulator, may expose me to inherent risks which include, but are not limited to, slips and falls; being hit by stray golf balls or golf clubs; failure to act safely or within designated areas; injury, illness or death resulting from physical activity or exertion, including but not limited to as
a result of any pre-existing medical condition that might affect my ability to safely participate in physical exertion, or resulting from exposure to COVID-19 or any other disease, bacteria or virus; negligence of other persons; and NEGLIGENCE ON THE PART OF THE RELEASEES, WHICH INCLUDES BUT IS NOT LIMITED TO FAILURE ON THE PART OF THE RELEASEES TO TAKE REASONABLE STEPS TO SAFEGUARD OR PROTECT ME FROM THE RISKS, DANGERS AND HAZARDS REFERRED TO ABOVE.
I FREELY ACCEPT AND FULLY ASSUME ALL THE 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.
In consideration of the Releasees allowing me to participate in golf activities as defined in this Release Agreement, 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:
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 loss, damage, expense or injury including death that I may suffer, or that my next of kin may suffer as a result of my participation in golf activities, DUE TO ANY CAUSE WHATSOEVER, INCLUDING NEGLIGENCE, BREACH OF CONTRACT, OR BREACH OF ANY STATUTORY OR OTHER DUTY OF CARE, INCLUDING ANY
DUTY OF CARE OWED UNDER ANY APPLICABLE OCCUPIER’S LIABILITY LEGISLATION ON THE PART OF THE RELEASEES. I UNDERSTAND THAT NEGLIGENCE INCLUDES FAILURE ON THE PART OF THE RELEASEES TO TAKE REASONABLE STEPS TO SAFEGUARD OR PROTECT ME FROM OR WARN ME OF THE RISKS, DANGERS AND HAZARDS OF GOLF ACTIVITIES REFERRED TO ABOVE. TO HOLD HARMLESS AND INDEMNIFY THE RELEASEES from any and all liability for any property damage or personal injury to any third party resulting from my participation in golf activities.
Notwithstanding anything to the contrary in this Release Agreement, THE RELEASEES’ TOTAL LIABILITY UNDER THIS RELEASE 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. This Release Agreement shall be effective and binding upon my heirs, next of kin, executors, administrators, assigns and representatives, in the event of my death or incapacity. This Release Agreement and any rights, duties and obligations as between the
parties to this Release Agreement shall be governed by and interpreted solely in accordance with the laws of the province where the golf activities take place and no other jurisdiction.
Any litigation involving the parties to this Release Agreement shall be brought solely within the province where the golf activities take place and shall be within the exclusive jurisdiction of the Courts of that province. In entering into this Release Agreement I am not relying on any oral or written representations or statements made by the Releasees with respect to the safety of golf activities, other than what is set forth in this Release Agreement.
I HAVE READ AND UNDERSTAND THIS RELEASE AGREEMENT AND I AM AWARE THAT BY USING THE EQUIPMENT AND THE FACILITIES, AND IN GOLF ACTIVITIES, 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.
I acknowledge and agree that this Agreement is intended to be as broad and inclusive as is permitted by Ontario law. In the event that any clause or provision of this Agreement is determined to be unenforceable as a matter of law, I intend that such clause or provision should be severed from the Agreement and that the remainder of the Agreement shall continue in full legal force and effect. I acknowledge that the Agreement represents the
entire understanding of the parties with respect to the matters set forth herein and no subsequent modification is binding unless reduced to writing and signed by the party against whom enforcement is sought. I further acknowledge and agree that all pre-existing agreements, subsequent course of performance, or purported oral modifications of the terms of this agreement that purport to establish different consequences for my activities at The Tee Box Screen Golf’s facilities are null and void.
By accessing this website we assume you accept these terms and conditions in full. Do not continue to use The Tee Box Screen Golf’s website if you do not accept all the terms and conditions stated on this page.
GOVERNING LAW AND JURISDICTION:
must be brought before the courts of the Province of Ontario in the City of Toronto, and you irrevocably consent to the exclusive jurisdiction and venue of such courts.
USER GENERATED CONTENT:
Certain parts of this website offer the opportunity for users to post and exchange opinions, information, material and data (‘Comments’) in areas of the website. The Tee Box Screen Golf’s does not screen, edit, publish or review Comments prior to their appearance on the website and Comments do not reflect the views or opinions of The Tee Box Screen Golf; its agents or affiliates. Comments reflect the view and opinion of the person who posts such view or opinion. To the extent permitted by applicable laws, The
Tee Box Screen Golf shall not be responsible or liable for the Comments or for any loss cost, liability, damages or expenses caused and or suffered as a result of any use of and/or posting of and/or appearance of the Comments on this website. The Tee Box Screen Golf reserves the right to monitor all Comments and to remove any Comments which it considers in its absolute discretion to be inappropriate, offensive or otherwise in breach of these Terms and Conditions.
You warrant and represent that: You are entitled to post the Comments on our website and have all necessary licenses and consents to do so; The Comments do not infringe any intellectual property right, including without limitation copyright, patent or trademark, or other proprietary right of any third party; The Comments do not contain any defamatory, libelous, offensive, indecent or otherwise unlawful material or material which is an
invasion of privacy. The Comments will not be used to solicit or promote business or custom or present commercial activities or unlawful activity. You hereby grant to The Tee Box Screen Golf a non-exclusive royalty-free license to use, reproduce, edit and authorize others to use, reproduce and edit any of your Comments in any and all forms, formats or media.
RESERVATION OF RIGHTS:
We reserve the right at any time and in its sole discretion to request that you remove all links or any particular link to our Web site. You agree to immediately remove all links to our Web site upon such request. We also reserve the right to amend these terms and conditions and its linking policy at any time. By continuing to link to our Web site, you agree to be bound to and abide by these linking terms and conditions.
If you find any link on our Web site or any linked web site objectionable for any reason, you may contact us about this. We will consider requests to remove links but will have no obligation to do so or to respond directly to you. Whilst we endeavour to ensure that the information on this website is correct, we do not warrant its completeness or accuracy; nor do we commit to ensuring that the website remains available or that the material on
the website is kept up to date.
The intellectual property in the materials contained in this website are owned by or licensed to The Tee Box Screen Golf and are protected by applicable copyright and trademark law. We grant our users permission to download one copy of the materials for personal, non-commercial transitory use. This constitutes the grant of a license, not a transfer of title. This license shall automatically terminate if you violate any of these
restrictions or the Terms of Service, and may be terminated by The Tee Box Screen Golf at any time.
Bookings may only be cancelled, at no charge, through email or phone 24 hours prior to the start of the booking (“Cancellation Period”). Once the Cancellation Period has completed, the reservation is final and no modifications or changes are allowed. At the discretion of The Tee Box Screen Golf, we reserve the right to refuse service or product to anyone seen abusing this privilege.
DAMAGE TO FACILITY:
The Tee Box Screen Golf reserves the right to charge the payment method used at the time of booking for any and all damages to the facility, its property, and its equipment caused by guests. This includes but is not limited to: Screen damage due to use of personal balls, missing or stolen items from the bay, damage to all equipment such as but not limited to; computers, monitors, simulator sensors, lights, fixtures, structural
components, turf, balls, tees, furniture. Minimum charge for the above aforementioned will be $100.00 CAD. All customers are responsible for any of their booked guests and their actions.
Any part of the Terms and Conditions that are either wholly or partially void or unenforceable shall be severed to the extent that it is void or unenforceable. The remainder of these Terms and Conditions are to remain valid and unaffected.
The personal information that you are asked to provide, and the reasons why you are asked to provide it, will be made clear to you at the point we ask you to provide your personal information. If you contact us directly, we may receive additional information about you such as your name, email address, phone number, the contents of the message and/or attachments you may send us, and any other information you may choose to provide. When you register for an Account, we may ask for your contact information, including items such as name, company name, address, email address, and telephone number.
COLLECTION AND USE OF INFORMATION:
We may collect personal information from you when you do any of the following on our website: Register for an account; Enter any of our competitions, contests, sweepstakes, and surveys; Sign up to receive updates from us via email or social media channels; Post a comment or review or otherwise participate in our online community; Use a mobile
device or web browser to access our content; Contact us via email, social media, or on any similar technologies; When you mention us on social media.
We may collect, hold, use, and disclose information for the following purposes, and personal information will not be further processed in a manner that is incompatible with these purposes: To provide you with our platform’s core features and services; To enable you to customize or personalize your experience of our website; To contact and communicate with you; For analytics, market research, and business development,
including to operate and improve our website, associated applications, and associated social media platforms; For advertising and marketing, including to send you promotional information about our products and services and information about third parties that we consider may be of interest to you; To enable you to access and use our website, associated applications, and associated social media platforms; For internal record keeping and administrative purposes; To run competitions, sweepstakes, and/or offer
Please be aware that we may combine information we collect about you with general information or research data we receive from other trusted sources.
SECURITY OF YOUR PERSONAL INFORMATION
When we collect and process personal information, and while we retain this information, we will protect it within commercially acceptable means to prevent loss and theft, as well as unauthorized access, disclosure, copying, use, or modification. Although we will do our best to protect the personal information you provide to us, we advise that no method of electronic transmission or storage is 100% secure, and no one can guarantee absolute
data security. We will comply with laws applicable to us in respect of any data breach.
You are responsible for selecting any password and its overall security strength, ensuring the security of your own information within the bounds of our services.
COMPLAINTS REGARDING CONTENT ON OUR WEBSITE:
We attempt to moderate user-generated content, but we are not always able to do so as soon as that content is published. If you complain about any of the content on our website, we shall investigate your complaint. If we feel it is justified or if we believe the law requires us to do so, we shall remove the content while we investigate. Free speech is a fundamental right, so we must make a judgment as to whose right will be obstructed:
yours, or that of the person who posted the content that offends you. If we think your complaint is vexatious or without any basis, we shall not correspond with you about it.