Waiver, Release, and Indemnity Agreement

BY ENTERING OUR FACILITY, USING OUR EQUIPMENT, OR AGREEING TO THIS WAIVER ONLINE (E.G., DURING BOOKING), YOU AGREE TO THIS WAIVER, RELEASE, AND INDEMNITY AGREEMENT (“Agreement”). This Agreement applies to your use of the facilities and equipment provided by Forged Golf Inc ("we", "us", "our") at https://www.forgedgolf.ca or at our physical location. For more information, please review our Terms of Service and Privacy Policy.

A downloadable version of this Agreement is available here.

Definitions

Forged Golf Inc., its affiliates, and their respective directors, officers, shareholders, employees, instructors, agents, independent contractors, subcontractors, representatives, sponsors, successors, and assigns are collectively referred to as the “RELEASEES.”

In this Agreement, the term “Golfing” includes, but is not limited to, the use of all facilities, including the parking lot, entrance, building, simulator bays, walkways, hallways, and offices (collectively, “Facilities”), the rental and use of all equipment (“Equipment”), and all other activities that take place at the Facilities.

Assumption of Risks

I acknowledge that Golfing, my presence at the Facilities, and my use of the Facilities and Equipment involve inherent risks, dangers, and hazards, including but not limited to:

• Slips, trips, and falls;
• Being struck by stray golf balls or golf clubs;
• Failure to act safely, within my own ability, or to stay within designated areas;
• Injury, illness, or death resulting from physical activity or exertion, including as a result of any pre-existing medical condition that may affect my ability to safely participate;
• Exposure to, and the spread of, SARS-CoV-2 (COVID-19) or other diseases, bacteria, or viruses, whether or not the subject of an outbreak, epidemic, or pandemic;
• Delays in performing maintenance or repairs to the Facilities or Equipment;
• Negligence of other persons;
• Negligence on the part of the RELEASEES, including but not limited to failure to take reasonable steps to safeguard or protect me from the risks, dangers, and hazards 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 USE THE FACILITIES AND EQUIPMENT.

Minors and Guardians

If I permit minors (individuals under the age of 19) to enter the Facilities or use the Facilities and Equipment, I, as their parent or legal guardian, agree to this Agreement on their behalf and assume full responsibility for their actions and compliance with this Agreement.

Alcohol and Substance Policy

Use of the Facilities or Equipment while under the influence of alcohol, drugs, or other impairing substances is strictly prohibited. Forged Golf Inc reserves the right to deny service or remove individuals suspected of being impaired.

Safety Responsibilities

I agree to follow all safety protocols and instructions provided by Forged Golf Inc, including but not limited to maintaining a safe distance from equipment, using Equipment as intended, and adhering to any health and safety guidelines (e.g., sanitization, mask usage) in place at the Facilities.

Release and Waiver of Liability

In consideration of the RELEASEES permitting 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 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, DUTY OF GOOD FAITH, OR FIDUCIARY DUTY, INCLUDING ANY DUTY OWED UNDER THE OCCUPIERS’ LIABILITY ACT, in respect of the maintenance or repair of the Facilities; the selection, maintenance, or repair of the Equipment; the provision or failure to provide any warnings, directions, or instructions as to the use of the Facilities or Equipment; or the risks, dangers, and hazards referred to above. I UNDERSTAND THAT NEGLIGENCE 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;
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 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 use the Facilities and Equipment;
3. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS 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;
4. THIS AGREEMENT SHALL BE EFFECTIVE AND BINDING UPON MY HEIRS, NEXT OF KIN, EXECUTORS, ADMINISTRATORS, SUCCESSORS, ASSIGNS, AND REPRESENTATIVES;
5. THIS AGREEMENT SHALL BE GOVERNED BY AND INTERPRETED SOLELY IN ACCORDANCE WITH THE LAWS OF THE PROVINCE OF ONTARIO AND NO OTHER JURISDICTION;
6. ANY LITIGATION INVOLVING THIS 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.

Severability

If any provision of this Agreement is found to be void or unenforceable, that provision will be severed, and the remaining provisions will remain in full effect.

Acknowledgment

I HAVE READ AND UNDERSTAND THIS AGREEMENT AND I AM AWARE THAT BY ENTERING THE FACILITY, USING THE FACILITIES AND EQUIPMENT, OR AGREEING TO THIS WAIVER ONLINE, 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.