We are pleased to welcome you to Birdie Buddies Golf, your premier destination for golf skill development, recreational play, and social engagement in a controlled and weatherproof environment. To ensure the safety and understanding of all participants, this Waiver and Release Agreement outlines the terms and conditions of your participation.

Assumption of Risk and Release of Liability

By entering the premises operated by Birdie Buddies Golf (the "Premises"), you hereby acknowledge and accept that engaging in activities on the Premises involves inherent risks, including but not limited to:

• Injuries caused by golf balls driven at high speeds exceeding 100 miles per hour.
• Injuries caused by accidental contact with swinging golf clubs.
• Slips, trips, or falls due to wet or slippery floors, despite our reasonable efforts to maintain a safe environment.

You voluntarily assume all risks, both known and unknown, associated with your participation in activities at Birdie Buddies Golf. Furthermore, you agree to release, discharge, indemnify, and hold harmless Birdie Buddies Golf, its officers, directors, employees, agents, affiliates, and assigns (the "Released Parties") from any and all claims, liabilities, damages, or losses arising out of or related to your participation, including but not limited to claims of negligence.

Comprehensive Waiver Agreement Release and Indemnity

On behalf of yourself, your heirs, executors, administrators, successors, assigns, and any minors under your custody or care (the "Releasing Parties"), you agree to:

• Release, discharge, and forever waive any and all claims, demands, or actions of any nature against the Released Parties arising from your participation in activities on the Premises.
• Indemnify and hold harmless the Released Parties from any claims brought by third parties as a result of your actions while on the Premises.
• Waive any right to sue the Released Parties for damages, whether arising from negligence, breach of contract, or any other cause.

Acknowledgment of Risks

You expressly acknowledge that:

• The activities provided at Birdie Buddies Golf involve risks of physical injury, including but not limited to bruises, fractures, and head injuries, which may result in permanent disability or death.
• Participation is entirely voluntary, and the Released Parties cannot guarantee a risk-free environment.
• The risks associated with these activities are inherent and cannot be eliminated, even with the exercise of due care by the Released Parties.

Responsibility for Medical and Financial Costs

You agree to:

• Assume full financial responsibility for any medical treatment or related costs incurred as a result of injuries sustained while participating in activities on the Premises.
• Reimburse the Released Parties for any damages caused by your actions or negligence, including but not limited to property damage or injuries to third parties.

Injuries Involving Third Parties

You further acknowledge and agree that:

• You release and indemnify the Released Parties from any claims arising from injuries caused by the actions of other patrons, guests, or third parties on the Premises.
• If your actions cause injury or damage to others, you will defend, indemnify, and hold harmless the Released Parties from any claims brought by those parties.

Insurance and Representations

You represent and warrant that:

• You possess adequate personal insurance or financial resources to cover potential claims, damages, or liabilities arising from your participation.
• All individuals under your care, including minors, are physically capable of participating safely in activities offered at Birdie Buddies Golf.
• You have the legal authority to act on behalf of any minors listed in this agreement.

Additional Provisions Governing Law and Venue

This Agreement shall be governed by and construed in accordance with the laws of the Province of Ontario. Any disputes arising under or related to this Agreement shall be resolved exclusively in the courts of Ontario.

Model Release

You grant Birdie Buddies Golf the irrevocable right to photograph, videotape, or record you and/or your minor children and to use such materials for promotional purposes without compensation or further consent.

Severability

If any provision of this Agreement is deemed unenforceable, the remaining provisions shall remain in full force and effect.

Jury Trial Waiver

You waive any right to a trial by jury for any claims or disputes arising from or related to this Agreement or your participation in activities at Birdie Buddies Golf.

Golfers Handbook

You agree to adhere to all safety rules and procedures outlined in the Golfers Handbook, available on the Birdie Buddies Golf website.

Parent or Guardian Consent for Minors

If signing on behalf of a minor, you:

• Represent that you are the legal guardian with full authority to enter into this Agreement on the minor’s behalf.
• Accept full responsibility for the minor’s compliance with the terms of this Agreement.
• Agree to indemnify and hold harmless the Released Parties for any claims brought by or on behalf of the minor.

Acknowledgment and Acceptance

By entering the Premises and participating in activities at Birdie Buddies Golf, you acknowledge that you have read and understood this Waiver and Release Agreement. You voluntarily agree to its terms and conditions, knowing that you are waiving substantial legal rights.

By SIGNING THIS WAIVER YOU UNDERSTAND YOU ARE RESPONSIBLE FOR YOU AND THE MEMBERS OF YOUR PARTY!

Thank you for your cooperation and understanding. Enjoy your time at Birdie Buddies Golf!

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