Every customer of, or visitor to, Kaneff Properties Limited 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 this Waiver is made for the benefit of Kaneff Properties Limited and each of its directors, officers, employees, subsidiaries, affiliates and related companies (collectively, the “Club”). I am a Customer of the Club regardless of if I pay to participate in the Activities of the Club, am a guest at the Club or if I am visiting the Club (all the “Customer”). I/We acknowledge that golf is a game played in variable weather conditions and agree to abide by the rain check policy as stated in the proshop. 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 the 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
IN CONSIDERATION OF my/our use of the Kaneff Golf Course facilities, namely Streetsville Glen Golf Course; Royal Ontario Golf Club; Lionhead Golf Club and Conference Centre; Royal Niagara Golf Club; Carlisle Golf Club or Century Pines Golf Club and use of any Kaneff Golf Course carts (collectively, the “Activity”), I/we acknowledge and agree to the following:
a. The undersigned identified as the driver of this golf cart, the driver (the “Driver”), must be 16 (16) years of age or older, have a valid driver’s license, and shall be the sole driver/operator of the golf cart. The Driver’s license must not be temporarily or permanently revoked or suspended, and the driver/operator is not otherwise prohibited, restricted or disqualified from operating a motorized conveyance in the Province of Ontario, or elsewhere. Those drivers presently facing charges, penalties or other restrictions of their driving privileges are disqualified from the use of a Kaneff Golf cart.
b. am familiar with the safe use and operation of golf carts and will always keep the carts off greens and tees and only on fairways or pathway in areas specifically permitted by the Club.
c. 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
d. 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.
e. will always apply the emergency brake when the cart is parked or stationary.
f. will keep both feet and arms inside the cart when it is moving; and
g. if driving the cart, will be always in full control of the cart and will check directional switch or key position to ensure that it is in 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 an to hold harmless and indemnify the Club form all actions, proceedings, claims, damages, costs, demands including court costs and costs on a solicitor and client basis, and liabilities of whosoever 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 law as 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 this 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.
Date: September 30, 2023