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Waiver, Cart Agreement and Declaration (collectively the “Waiver”)

THIS AGREEMENT AFFECTS YOUR LEGAL RIGHTS, READ IT CAREFULLY

Every customer of, or visitor to, Muskoka Highlands Golf Links must read and complete this Waiver before being on the Club’s property and before participating in Club Activities (as defined below).

1. Understanding: I understand that this Waiver is made for the benefit of Muskoka Highlands Golf Links and each of its directors, officers, employees, volunteers, coaches, officials, lessees, and agents (collectively, the “Club”). I am a Customer of the Club regardless if I pay to participate in Activities of the Club, am a guest at the Club or if I am visiting the Club (all the “Customer”). I acknowledge that if I am accompanied by a minor then I confirm that all statements made herein are being made on behalf of such minor and are complete and truthful.

2. Risks: I understand that there are inherent risks (“Risks”) associated the game of golf, the use of golf equipment and golf power carts and the use of the Club’s facilities, and participation in sports, fitness, instruction, food & beverage services, and all other activities, services, programs or events provided or organized by the Club (the “Activities”).

3. Potential for Injury: I am aware that the Risks include the potential for serious personal injury, death, or property damage. I understand the Risks may be relative to my own state of fitness and health (including physical, mental and emotional), and to the awareness, care and skill with which I conduct myself.

4. Assumption of Risk: I freely accept and fully assume all responsibility for all Risks and possibilities of personal injury, death, property damage or other loss resulting from my participation in the Activities. I accept these Risks and agree to the terms of this Waiver, even if the Club is found to be negligent or in breach of any duty of care or any obligation to me in any way in respect of the Activities.

5. Use of Golf Carts: I acknowledge, represent and agree that I:

a. am familiar with the safe use and operation of golf carts and will keep the carts off greens and tees at all times and only on fairways or pathway in areas specifically permitted by the Club;

b. will pay for any damage to the golf cart and will be fully responsible for any personal injury to myself or to others or for property damage arising from the use of the golf cart

c. will only use the cart with two persons and two golf bags on or in the golf cart and will not pull any objects or persons with the cart and that no minor will operate the cart at any time;

d. will apply the emergency brake at all times when the cart is parked or stationary;

e. will keep both feet and arms inside the cart when it is moving; and

f. if driving the cart, will be in full control of the cart at all times and will check directional switch or key position to ensure that it is in the proper position before releasing emergency brake or using throttle

6. Waiver of Claims and Release: In addition to consideration given to the Club for my participation in Activities and for being on the Club property, I and my heirs, next of kin, executors, administrators and assigns (collectively my “Legal Representatives”), agree:

a. to waive all claims that I have or may have in the future against the Club;

b. to release and forever discharge the Club from all liability for all personal injury, death, property damage or other loss resulting from my participation in Activities due to any cause, including but not limited to negligence (failure to use such care as a reasonably prudent and careful person would use under similar circumstances) either passive or active, breach of any duty imposed by law, breach of contract or mistake or error of judgement of the Club;

c. to release and forever discharge the Club from all liability for all personal injury, death, property damage or other loss resulting from any infectious disease, virus, bacterium or other microorganism (whether asymptomatic or not);

d. to be liable for and to hold harmless and indemnify the Club from all actions, proceedings, claims, damages, costs, demands including court costs and costs on a solicitor and client basis, and liabilities of whatsoever nature or kind arising out of or in any way connected with my, or my guests or any minor at the Club with me participation in Activities.

7. Application: I agree that this Waiver shall remain in full force and effect for all visits by me to the Club whenever they occur and that entry onto the Club property is conditional upon agreeing to the terms of this Waiver.

8. Governing Law: I agree that this Waiver and all terms contained within are governed by the laws of the Province of Ontario. I hereby irrevocably submit to the exclusive jurisdiction of the courts of Ontario. Any litigation to enforce this Waiver must be instituted in the Province of Ontario.

9. Confirmation: I confirm that I have had sufficient time to read and understand each term in this Waiver in its entirety, and have agreed to the terms freely and voluntarily. I understand that this Waiver is binding on myself and my Legal Representatives. I confirm that I have reached the age of majority in the Province of Ontario.

I have read and fully understand and agree to all the terms and conditions of this Waiver.

I Agree

Date: December 19, 2024

First Member's Name

First Name*

Last Name*
First Member's Age Acknowledgment*
First Member's Date of Birth*
I certify that I am 18 years of age or older
First Member's Signature*
Second Member's Name

First Name*

Last Name*
Second Member's Date of Birth*
Third Member's Name

First Name*

Last Name*
Third Member's Date of Birth*
Fourth Member's Name

First Name*

Last Name*
Fourth Member's Date of Birth*
Fifth Member's Name

First Name*

Last Name*
Fifth Member's Date of Birth*
Sixth Member's Name

First Name*

Last Name*
Sixth Member's Date of Birth*
Seventh Member's Name

First Name*

Last Name*
Seventh Member's Date of Birth*
Eighth Member's Name

First Name*

Last Name*
Eighth Member's Date of Birth*
Ninth Member's Name

First Name*

Last Name*
Ninth Member's Date of Birth*
Tenth Member's Name

First Name*

Last Name*
Tenth Member's Date of Birth*
Parent or Guardian's Email Address

Email
Your signed waiver will be sent to the email address provided here and is available for download for three days via URL attachment.
Parent(s) or court-appointed legal guardian(s) must sign for any participating minor (those under 18 years of age) and agree that they and the minor are subject to all the terms of this document, as set forth above.


By signing below the parent or court-appointed legal guardian agrees that they are also subject to all the terms of this document, as set forth above.
Parent or Guardian's Name

First Name*

Last Name*

Phone*
Parent or Guardian's Age Acknowledgment*
Parent or Guardian's Date of Birth*
I certify that I am 18 years of age or older
Parent or Guardian's Signature*
Electronic Signature Consent*
 By checking here, you are consenting to the use of your electronic signature in lieu of an original signature on paper. You have the right to request that you sign a paper copy instead. By checking here, you are waiving that right. After consent, you may, upon written request to us, obtain a paper copy of an electronic record. No fee will be charged for such copy and no special hardware or software is required to view it. Your agreement to use an electronic signature with us for any documents will continue until such time as you notify us in writing that you no longer wish to use an electronic signature. There is no penalty for withdrawing your consent. You should always make sure that we have a current email address in order to contact you regarding any changes, if necessary.


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