THIS AGREEMENT AFFECTS YOUR LEGAL RIGHTS
READ IT CAREFULLY BEFORE SIGNING
Capitalized terms have the meanings ascribed to them below in this Agreement.
The Undersigned, on behalf of and in respect of the Undersigned and its Users, in consideration of the Undersigned and the Users being granted access to or use of or the ability to participate in any of the Facilities and Activities, on such terms and conditions and policies and procedures as the Organization or any member of the Organization may promulgate in respect of the subject access, use or participation in any of the Facilities and Activities from time to time, and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged and agreed, the Undersigned hereby acknowledges, agrees, and accepts for themself and on behalf of and in respect of the Users, as follows:
1. The Undersigned acknowledges that there are Risks associated with access to, use of and participation in the Facilities and Activities, and that such access to, use of and participation in the Facilities and Activities by the Undersigned and the Users shall be at the own risk of the Undersigned and the respective User, that the Undersigned hereby assumes those Risks to the full and complete exoneration of all persons and entities within the Organization, and releases and waives any and all Claims, and, to the extent that the Undersigned cannot legally provide on behalf of any User such acknowledgement of the Risks, assumption of the Risks, waiver of Claims and indemnification, the Undersigned will ensure that the User provides an acknowledgement, assumption, waiver and indemnification in the form of this Agreement or such other form as the Organization may then require before the User has access to, has use of or participates in the Facilities and Activities. The Undersigned agrees to be fully responsible for each of the Users and their access to, use of and participation in the Facilities and Activities, whether or not such User has signed the form of acknowledgement, assumption, waiver referred to above. The Undersigned hereby provides the acknowledgement, assumption and indemnification. The Undersigned hereby provides the acknowledgement, assumption, waiver and indemnification on behalf of the children of the Undersigned and all minors for whom the Undersigned is the parent or legal guardian, either jointly or severally as the case may be.
2. The Undersigned, on behalf of and in respect of, the Undersigned and its Users, agrees that the Undersigned shall, and shall ensure that all Users shall, abide by all terms and conditions and policies and procedures the Organization or any member of the Organization may promulgate from time to time in respect of access to use of or participation in the Facilities and Activities.
3. The Undersigned hereby holds harmless and indemnifies the Organization in respect of any and all Claims that any of the Undersigned,any of the Users, or any third party have or may have at any time in the future against any member of the Organization relating to access to, use of or participation in the Facilities and Activities by any of them, and for any damage caused to any of the Facilities and Activities by the Undersigned or any of the Users. Such indemnification shall operate whether the subject User has executed a form of acknowledgement, assumption and waiver in favour of the Organization or not.
4. This Agreement shall remain in full force and effect for all access to, use of and participation in the Facilities and Activities by the Undersigned and the Users whenever they occur and that access to, use of and participation in the Facilities and Activities is conditional upon and subject to the terms and conditions of this Agreement.
5. The Undersigned confirms that the Undersigned has had sufficient time and opportunity to read and understand each term in this Agreement in its entirety and to seek out legal advice in respect of same, and that the Undersigned agrees to the terms of this Agreement freely and voluntarily and under no compulsion or duress. The Undersigned agrees that this Agreement is binding on the Undersigned and the Users, and their respective successors, assigns, heirs, administrators and executors. The Undersigned confirms that the Undersigned has reached the age of majority in the Province of Ontario.
6. This Agreement is governed by the laws of the Province of Ontario. The Undersigned, on behalf of the Undersigned and each of the Users, hereby irrevocably submits to the exclusive jurisdiction of the courts of Ontario.
"Agreement” means this agreement;
“Claims” means any and all actions, causes of action, suits, debts, covenants, contracts, claims in law and in equity, duties, executions, covenants, allocations, orders, by-laws, decrees, warranties, guarantees, demands, matters or causes of action, executions, demands and proceedings, bonds, indemnities, or other obligations of any kind or nature, which any of the undersigned or any User ever had, now have or may hereafter have for or by reason of any cause, matter or thing whatsoever, or which their respective heirs, executors, administrators, successors or assigns or any of them can, shall or may have, for or by reason of any cause, matter or thing including without limiting the generality of the foregoing any cause, negligence, breach of contract, breach of any statutory or other duty of care, including any duty owed under, or liability arising from, the Occupiers’ Liability Act, R.S.O. 1990, c.0.2 (or any successor or replacement legislation), including the failure of any member of the Organization to warn, safeguard or protect the undersigned or any User from any Risk, and any and all matters arising out of or in any way related, directly or indirectly, as a result of any of the following: (a) being at on or about the Property, (b) in any way related to the Organization, (c) having access to, making use of or participating in any of the Facilities and Activities at any time;
“Club” means the Lora Bay Golf Club;
“Facilities and Activities” means the Club, all land, fixtures, chattels, personal property, facilities including clubhouse, clubhouse storage, activities, services, programs, events, goods for sale or lease, or provided for use including, without limitation, golf equipment, golf carts, parking areas, paths, driveways, food and beverage services, golf or fitness instruction, facilitated, provided or organized by or related to or associated with the Club;
“Organization” means collectively each of the Club, Lora Bay Golf Limited, owners of golf course lands, golf course manager and caterer and all their owners, subsidiaries, affiliates, and any related and associated entities, and any of the foregoing’s owners, directors, officers, partners, employees, members, contractors, consultants, lenders, representatives, insurers, volunteers, coaches, officials, agents, heirs, beneficiaries, executors, administrators, predecessors, successors and assigns;
"Property” means the location and premises of the Club including, the Facilities and Activities, located on or about109 East Ridge Drive, Thornbury, Ontario, N0H 2P0;;
“Risks” means all real or potential risks, dangers, injury, damage, hazard, or loss of any kind howsoever caused or posed, including ,without limitation, risks of loss, property damage, personal injury, including death, that may be sustained by the Undersigned or any User, or any loss or damage to property of the Undersigned or any User, the potential for serious personal injury or death, or to affect the state of fitness and health (including physical, mental and emotional) of the Undersigned or any User related to or associated with access to, use of or participation in the Facilities and Activities
“Undersigned” means the person signing the Agreement;
“User” means each spouse, child, invitee, guest, or invitee of spouses or children heir, next of kin, executor, administrator, successor, assign of the Undersigned and their respective heirs, executors, administrators, successors and assigns.
I HAVE READ AND I UNDERSTAND THIS AGREEMENT. I ACKNOWLEDGE THAT BY SIGNING THIS AGREEMENT I AM ASSUMING ALL RISK OF INJURY, LOSS OR DAMAGE, WAIVING ANY AND ALL CLAIMS AGAINST THE ORGANIZATION ARISING FROM ANY CAUSE WHATSOEVER, ON BEHALF OF ME, THE USERS AND OUR RESPECTIVE HEIRS, EXECUTORS, SUCCESSORS AND ASSIGNS, AND INDEMNIFYING THE ORGANIZATION, IN ACCORDANCE WITH THE TERMS OF THIS AGREEMENT.
December 6, 2023