TO: "Cottonwood Coulee Golf Course and 2076758 Alberta Limited" and their respective directors, officers, shareholders, employees, instructors, guides, agents, volunteers, independent contractors, subcontractors, representatives, sponsors, successors and assigns (hereinafter collectively referred to as “the RELEASEES”).
In this Release Agreement the term “Golfing” includes use of all Club facilities, including, without limitation, indoor golf simulator, restaurants, parking lots (“the Facilities”) and rental and use of golf equipment and indoor simulator (“the Equipment”) and all other activities including involvement as a participant or spectator at group events, clinics, lessons, tournaments and competitions which take place at the Facilities.
ASSUMPTION OF RISKS
I am aware that indoor Golfing involves many risks, dangers and hazards including, but not limited to trips and falls; being hit by stray golf clubs and balls; failure to act safely or within one’s own ability or to stay within designated areas; negligence of other persons; and NEGLIGENCE 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 THE RISKS, DANGERS AND HAZARDS REFERRED TO ABOVE.
I FREELY ACCEPT AND FULLY ASSUME ALL RISKS, DANGERS & HAZARDS ASSOCIATED WITH THE USE OF THE EQUIPMENT.
I AGREE THAT, SHOULD THE RELEASEES BE REQUIRED TO PURSUE LEGAL REMEDIES TO RECOVER THEIR COSTS FOR ANY DAMAGE TO THE EQUIPMENT AND/OR THE FACILITIES DUE TO ANY MISUSE OR IMPROPER CARE CAUSED DIRECTLY OR INDIRECTLY BY MY ACTIONS OR INACTIONS, I WILL BE RESPONSIBLE TO PAY THE RELEASEES’ LEGAL FEES ON A SOLICITOR AND HIS OR HER OWN CLIENT, FULL INDEMNITY, BASIS.
RENTAL/SIMULATOR EQUIPMENT AGREEMENT
- I accept full responsibility for any rental/demo equipment that I use and agree to pay full retail value to replace any damaged or unreturned equipment.
- I understand that the equipment used in the golf simulator is very expensive. I agree to pay full replacement value for any damage caused due to misuse or improper care of equipment.
- accept full responsibility for any damage caused to the property (windows, walls, ceiling etc.) and agree to pay for any repairs or replacement.
I accept that I am responsible to pay for any damage to rental and simulator equipment and property due to any misuse or improper care.
RELEASE OF LIABILITY, WAIVER OF CLAIMS AND INDEMNITY AGREEMENT
In consideration of the Releasees permitting my use of the Facilities or rental of the Equipment, I hereby agree as follows:
- 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 injury including death that I may suffer, or that my next of kin may suffer, as a result of my use of or presence on the Facilities or my use of the Equipment, DUE TO ANY CAUSE WHATSOEVER, INCLUDING NEGLIGENCE, GROSS NEGLIGENCE, BREACH OF CONTRACT OR BREACH OF STATUTORY DUTY OF CARE, INCLUDING ANY DUTY OWED UNDER THE OCCUPIERS LIABILITY ACT, RSA 2000 c 0-4, in respect of the selection or maintenance of the Equipment or in respect of the provision or failure to provide any warnings, directions or instructions as to the use of the Equipment or the risks, dangers and hazards of Golfing. I UNDERSTAND THAT NEGLIGENCE INCLUDES 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;
- TO HOLD HARMLESS AND INDEMNIFY THE RELEASEES from any and all liability for any damage to or loss of property or of personal injury to any third party between the parties to this Release Agreement shall be governed.
- This Release 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 of Alberta and no other jurisdiction; and
- Any litigation involving the parties to this Release Agreement shall be brought solely within the Province of Alberta and shall be within the exclusive jurisdiction of the Courts of the Province of Alberta.
I HAVE READ AND UNDERSTAND THIS RELEASE AGREEMENT AND I AM AWARE THAT BY SIGNING THIS RELEASE AGREEMENT I AM WAIVING CERTAIN LEGAL RIGHTS WHICH I OR MY HEIRS, NEXT OF KIN, EXECUTORS, ADMINISTRATORS, ASSIGNS AND REPRESENTATIVES MAY HAVE AGAINST THE RELEASEES.
Date: December 2, 2020
GOLFER’S RESPONSIBILITIES AND RULES
There are elements of risk that common sense and personal awareness can help reduce. Please adhere to the rules listed below and share with others the responsibility of a safe golf experience.
- IN ACCORDANCE WITH THE LIQUOR LICENSING LAWS OF ALBERTA- NO OUTSIDE ALCOHOLIC BEVERAGES OTHER THAN THOSE PURCHASED AT THE GOLF COURSE SHALL BE PERMITTED ANYWHERE ON THE PREMISES. Please drink responsibly at all times.
- Please be aware of your surroundings. Only hit the ball at the dedicated impact screen when it is safe to do so. You will be liable for any injury or damage.
- Please respect and follow the directions of golf course staff at all times.
- The simulator is booked by the hour. Please be aware that you will be charged for the time you booked not the time used if you finish early. Also remember that the simulator may be booked immediately after your group, so you will need to finish on time, regardless of if you finish your round.
- The only person on the green turf area should be the person whose turn it is to hit. All other players need to be a safe distance away. Do not take your turn to hit if other players are still on the turf.
- Remember to have fun!
Failure to adhere to these rules and responsibilities may result in immediate termination of your golf simulator experience without a refund.
KNOW THE RULES-BE SAFE, IT’S YOUR RESPONSIBILITY