Waiver

RELEASE OF LIABILITY, WAIVER OF CLAIMS, ASSUMPTION OF RISKS AND INDEMNITY AGREEMENT (the “Release Agreement”)

BY SIGNING THIS DOCUMENT YOU WILL WAIVE CERTAIN LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE OR CLAIM COMPENSATION IN THE EVENT OF INJURY. PLEASE READ CAREFULLY.

TO: Boreal Sauna Company Ltd. o/a Boreal Rentals and Boreal Birdies, and its directors, officers, employees, contractors, agents, volunteers, representatives and assigns (collectively, the “Releasees”)  

A. ACTIVITIES:

In this Release Agreement, “Activities” means all activities, events, services, or equipment provided, arranged, organized, sponsored or authorized by the Releasees, including but not limited to: use of the golf simulator (including ladders, hitting mats, safety netting, and structural enclosure area), any other equipment or amenities (including golf clubs, specialized simulator golf balls, launch monitors, projectors, computers, television screens, chairs, fire extinguishers) provided by the Releasees, as well as virtual golf tournaments, games, and other interactive entertainment experiences.  

B. ASSUMPTION OF RISKS:

1. I am aware of and acknowledge the risks associated with my participation in the Activities, including without limitation, physical injury, illness, paralysis, death or damage to myself, property or third parties; slips, trips and falls on slippery or uneven surfaces such as flooring and hitting mats; hot and cold weather exposure; using the mobile simulator in inclement weather including storms, lightning, and high wind; limited access to and/or delay of medical attention; participants’ health condition; exhaustion; physical strain or muscle injury from swinging; hitting or being struck by high-velocity golf balls or ricocheting golf balls; being struck by a swinging golf club; failure of other persons to maintain a safe distance from the active swing radius or hitting zone; negligence or failure of other persons to act safely; equipment failure or malfunction (including tracking hardware errors or malfunction of fire extinguisher); pinch points and crush hazards while adjusting simulator framing and components; overhead hazards including but not limited to projector mounts, and structural enclosure frames.

2. I understand that I should not participate in intense physical swinging if I have any underlying health issues including but not limited to high blood pressure, heart conditions, joint or back injuries, or if I am pregnant, and agree that it is my responsibility to consult a physician before using the simulator.

3. I acknowledge it is my responsibility to familiarize myself with the instructions provided by the Releasees relating to the use, safety boundaries, and operation of the golf simulator.

4. I acknowledge AN UNQUALIFIED ASSUMPTION BY ME OF ALL RISKS AND HAZARDS, whether or not described above, known or unknown, inherent or otherwise, associated with my participation in the Activities, including but not limited to personal injury, illness, paralysis, death or damage to myself, property or third parties associated with my participation in the Activities, even if arising from the negligence or gross negligence, including any compounding or aggravation of injuries caused by negligent rescue operations or procedure, of the Releasees, and any persons associated therewith or otherwise participating in the Activities in any capacity.

   
   

C. RELEASE, WAIVER OF CLAIMS AND INDEMNITY AGREEMENT:

In consideration of the Releasees allowing me to participate in the Activities, I agree as follows:

1. TO WAIVE ANY AND ALL CLAIMS that I have, or may in the future have, against the Releasees AND TO RELEASE THE RELEASEES from any and all liability for any loss, damage, injury or expense that I may suffer as a result of my participation in, or my presence in any capacity at, the Activities, due to any cause whatsoever, INCLUDING NEGLIGENCE, GROSS NEGLIGENCE, BREACH OF CONTRACT, NEGLIGENT REPRESENTATION AND/OR EXPRESS OR IMPLIED WARRANTY OR BREACH OF ANY STATUTORY OR OTHER DUTY OF CARE, INCLUDING DUTY OF CARE OWED UNDER THE OCCUPIERS' LIABILITY ACT ON THE PART OF THE RELEASEES. I understand that negligence includes failure on the part of the Releasees to take reasonable steps to safeguard or protect me from the risks and hazards of the Activities.

2. TO INDEMNIFY AND HOLD HARMLESS THE RELEASEES, and each of them, from any expense, legal fees, liability, damage, award or cost, of any form or type whatsoever, they may incur resulting from my participation in, or my presence in any capacity at, the Activities, including any claims, demands, or actions brought against the Releasees by third parties for personal injury or damage to surrounding property (including, but not limited to, damage to nearby residential structures, windows, vehicles, or landscape) caused by golf balls or golf clubs utilized during the rental period.  

3. NOT TO SUE THE RELEASEES for any loss, injury, costs or damages of any form or type, howsoever caused or arising, and whether directly or indirectly, from my participation in, or my presence in any capacity at, the Activities.

4. TO INDEMNIFY AND HOLD HARMLESS THE RELEASEES, and each of them, from any expense, legal fees, liability, damage, award or cost, of any form or type whatsoever, they may incur resulting from my participation in, or my presence in any capacity at, the Activities.

5. This Release Agreement shall be effective and binding on my heirs, next of kin, executors, administrators and assigns.

6. This Release Agreement is governed by the laws of Saskatchewan.

In entering into this Release Agreement, I confirm I am not relying on any oral or written representations or statements made by the Releasees with respect to the safety of the Activities, other than what is set out in this Release Agreement.

I HAVE READ AND UNDERSTAND THIS RELEASE AGREEMENT AND I AM AWARE THAT BY SIGNING THIS AGREEMENT I AM WAIVING CERTAIN SUBSTANTIAL LEGAL RIGHTS WHICH I AND MY HEIRS, NEXT OF KIN, EXECUTORS, ADMINISTRATORS AND ASSIGNS MAY HAVE AGAINST THE RELEASEES.

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