Every customer of, or visitor to, Duntroon Highlands Resort LTD must read and complete this Waiver before being on the Resort’s property and before participating in associated Activities (as defined below). 1. Understanding: I understand that this Waiver is made for the benefit of Duntroon Highlands Resort LTD and each of its directors, officers, employees, volunteers, coaches, officials, lessees, and agents (collectively, the “Resort”). I am a Customer of the Resort regardless if I pay to participate in Activities of the Resort, am a guest at the Resort or if I am visiting the Resort (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, the use of the Resort’s facilities, and participation in sports, pickleball and other fitness programs, instruction, food & beverage services, and all other activities, services, programs or events provided or organized by the Resort (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 Resort 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 Resort; 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. Alcohol: I acknowledge, represent and agree: a. that I am aware that bringing personal alcohol not purchased from Duntroon Highlands Resort LTD is forbidden b. Duntroon Highlands Resort LTD has the right to ask to search bags and coolers for alcohol. I have the right to refuse the search but in doing so will forfeit any green fees and cart rental paid to Duntroon Highlands Resort LTD and I must immediately leave the grounds of the golf Resort. c. I will only consume alcohol purchased from Duntroon Highlands Resort LTD i d. I will only consume alcohol in a responsible manner and I, and I alone will be responsible for all my decisions relating and resulting from my consumption of alcohol e. in the event that i consume a quantity of alcohol that would affect my ability to drive I will not drive and will obtain a safe method of transportation to get home f. in the event that a person I know consumes a quantity of alcohol that will affect their ability to drive I will not allow them to drive and will assist if finding them safe transportation home. 7. Lightning Lightning is a serious risk to golfers during storms. It is up to golfers to assess their risk and act appropriately. Generally recognized action is the 30-30 rule: if you can count 30 seconds or less between seeing a lightning flash and hearing the thunder, take shelter and stay there until 30 minutes after you last hear thunder (Golf Ontario). a. Duntroon Highlands Resort will sound the horn with 2 blasts, 8 seconds apart, if Environment Canada issues a thunderstorm alert on The Weather Network for our area (Feversham) and a storm cell is visible on the weather map within 10 miles (16 kms). b. As we do not have lightning detection/prediction equipment on the course, we leave it to each individual to determine when they feel it is safe to go back on the course. A 100% refund or rain check will be issued to any guests who do not feel safe on the course given the weather conditions. c. If caught outside, seek shelter away from tall objects like standalone trees and water...seek shelter in a low lying area such as a dry bunker. Leave your clubs and umbrella behind. 8. Waiver of Claims and Release: In addition to consideration given to the Resort for my participation in Activities and for being on the Resort 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 Resort; b. to release and forever discharge the Resort 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 Resort; c. to release and forever discharge the Resort 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 Resort 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 Resort with me participation in Activities. 9. Application: I agree that this Waiver shall remain in full force and effect for all visits by me to the Resort whenever they occur and that entry onto the Resort property is conditional upon agreeing to the terms of this Waiver. 10. 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. 11. 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
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