Every customer of, or visitor to, Hornby Glen Golf Course must read and complete this Waiver before being on the Golf Course’s property and before participating in Golf Course Activities (as defined below).
1. Understanding: I understand that this Waiver is made for the benefit of Hornby Glen Golf Course and each of its directors, officers, employees, volunteers, officials, and agents (collectively, the “Course”). I am a Customer of the Course regardless if I pay to participate in Activities of the Course, am a guest at the Course or if I am visiting the Course (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 with the game of golf, the use of golf equipment and golf power carts and the use of the Course’s facilities, food & beverage services, and all other activities, services, programs or events provided or organized by the Course (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 Course 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 Course;
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. Covid-19: I acknowledge, represent and agree:
a. to observe and fully abide by all rules and protocols set out by all government, governmental bodies, associations or other organizations and the Course pertaining to Covid-19;
b. that participation in Activities at the Course is voluntary;
c. that Covid-19 can be transmitted by asymptomatic people and there can be no assurance that the virus will not be contracted while at the Course;
d. to assume all risk associated with being infected with Covid-19 while being on the Course property;
e. to answer all questions truthfully;
f. that I am healthy, not suffering from and/or presenting with any Covid-19 symptoms
7. Waiver of Claims and Release: In addition to consideration given to the Course for my participation in Activities and for being on the Course 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 Course;
b. to release and forever discharge the Course 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 Course;
c. to release and forever discharge the Course 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 release and forever discharge the Course from all liability for all personal injury, death, property damage or other loss resulting from Coronavirus (COVID-19) including any mutation or variation thereof;
e. to be liable for and to hold harmless and indemnify the Course 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 Course with me participation in Activities.
8. Application: I agree that this Waiver shall remain in full force and effect for all visits by me to the Course whenever they occur and that entry onto the Course property is conditional upon agreeing to the terms of this Waiver.
9. 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.
10. 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 hereby declare that I or anyone in my household has NOT tested positive for Covid-19 in the 5 to 10 days prior to today and prior to each visit that will I make to the Course.
I hereby declare that I will inform the Course immediately if I or anyone in my household has received a positive test for Covid-19 subsequent to my visit.
I have read and fully understand and agree to all the terms and conditions of this Waiver.
Date: December 10, 2022