PARTICIPANT WAIVER, RELEASE OF LIABILITY, ASSUMPTION OF RISK AND INDEMNITY
I understand that TECA Golf Simulators & Sports (“TECA”) operates an indoor recreational facility that may include, without limitation:
collectively referred to in this Agreement as the “Activities”. I understand that the Activities are not supervised.
ACKNOWLEDGEMENT AND ASSUMPTION OF RISK
I acknowledge and understand that participation in the Activities involves inherent and other risks, dangers and hazards that may result in personal injury, illness, property damage, disability or, in extreme circumstances, death.
Such risks may include, but are not limited to:
I freely and voluntarily accept and assume all such risks, both known and unknown, whether caused by my own actions, the actions of others, the condition of the premises or otherwise.
I am responsible for assessing whether I am physically capable of safely participating in the Activities.
RELEASE AND WAIVER OF CLAIMS
In consideration of being permitted to enter the premises and participate in the Activities, I hereby waive, release and forever discharge TECA Golf Simulators & Sports, its owners, shareholders, directors, officers, employees, contractors, instructors, agents, representatives, volunteers, landlords, affiliates, successors and assigns (collectively, the “Released Parties”) from any and all claims, demands, actions, causes of action, damages, losses, costs or expenses arising from or relating to my attendance at TECA or participation in the Activities, including claims arising from:
including claims arising from the negligence of a Released Party to the fullest extent permitted by law. I understand that this Release is intended to be broad and comprehensive.
INDEMNITY
I agree to indemnify and hold harmless the Released Parties from any claim, demand, loss, liability, damage or expense arising from:
PARTICIPANT RESPONSIBILITIES AND FACILITY RULES
I agree that I will:
.
TECA reserves the right to remove any person from an activity or from the premises where TECA reasonably believes that person's conduct presents a safety risk or is disruptive or inappropriate.
EQUIPMENT AND PROPERTY DAMAGE
I understand that simulator screens, tracking systems, projectors, computers, sensors, golf clubs and other sporting equipment may be expensive to repair or replace.
I accept responsibility for damage caused by my intentional, reckless or negligent misuse of TECA property or equipment.
TECA may charge me the reasonable cost of repairing or replacing property damaged as a result of such conduct.
Normal wear and tear is excluded.
ALCOHOL
Where alcoholic beverages are available, I understand that:
Nothing in this Agreement requires a participant to consume alcohol.
MEDICAL CONDITIONS AND EMERGENCY TREATMENT
I represent that I am physically capable of participating in the Activities or have consulted an appropriate medical professional where necessary.
I agree to advise TECA of any condition that may reasonably affect my ability to safely participate.
If I become injured or ill and am unable to provide instructions, I authorize TECA to contact emergency medical services where TECA considers it reasonably necessary.
I understand that I remain responsible for any medical or ambulance costs incurred on my behalf.
PERSONAL PROPERTY
I understand that TECA is not responsible for the loss, theft or damage of personal belongings brought onto the premises, including golf clubs, sporting equipment, electronics, clothing, wallets or other personal property, except to the extent liability cannot legally be excluded.
PARENT/GUARDIAN CONSENT FOR PARTICIPANTS UNDER 18
Where the Participant is under the age of 18, I confirm that:
ACKNOWLEDGEMENT
I confirm that:
I understand that no oral statement made by TECA changes the terms of this Agreement.
GOVERNING LAW
This Agreement shall be governed by the laws of the Province of Alberta and the applicable laws of Canada.
Any proceeding relating to this Agreement or participation in Activities at TECA shall be brought in Alberta.
If any provision of this Agreement is found to be unenforceable, the remaining provisions shall continue in full force and effect to the extent permitted by law.
ELECTRONIC ACCEPTANCE
Where this Agreement is completed electronically, checking an acceptance box, applying an electronic signature or otherwise electronically accepting this Agreement is intended to have the same effect as signing a paper copy.
I ACKNOWLEDGE THAT I HAVE READ AND UNDERSTOOD THIS WAIVER, RELEASE OF LIABILITY, ASSUMPTION OF RISK AND INDEMNITY AGREEMENT AND AGREE TO BE BOUND BY ITS TERMS.