In consideration for TGL allowing myself and the minor listed above of whom I am the parent or legal guardian (my “Child”) to attend its indoor recreational facility located at 2180 Dunwin Drive, Unit 4 Mississauga, Ontario and/or 2480 Homer Watson Blvd., B9 and B10, Kitchener, Ontario and/or 56 Barrie View Drive, Unit 3, Barrie, Ontario (the “Facility”) and to participate in and/or observe the activities available at the Facility,  which may include without limitation virtual golf simulation (the “Activities”) and for other good and valuable consideration, the receipt and sufficiency of which I hereby acknowledge, I, on my behalf and on behalf of my Child and our respective heirs, executors, administrators, personal legal representatives, assigns and next of kin (collectively, my “Legal Representatives”), covenant and agree as follows: 

ACKNOWLEDGMENT OF RISKS. I understand that there are risks and dangers, both known and unknown, in participating in and/or observing the Activities. A partial list of the risks and dangers include: slips, trips, falls and/or collisions; abrasions, contracting COVID-19 or another illness through coming into contact with or exposure to other people at the Facility. The said risks and dangers may be affected by a number of factors including, but not limited to; compliance with the Code of Conduct of TGL, as may be amended from time to time (the “Code of Conduct”); and the negligence or intentional acts or omissions of others including, but not limited to, other participants, observers or any of the Releasees. I have reviewed such risks and dangers with my Child.

I acknowledge that such risks and dangers may cause serious injury, illness or even death and that personal property which my Child and I bring to the Facility can be lost, stolen or damaged and that the foregoing can occur by accident, through negligence or even intentionally.  

ACKNOWLEDGMENT RE SELF-SUPERVISION. I acknowledge that the Facility is not supervised at all times and that both myself and my Child will be participating in the Activities at the Facility at our own risk without staff supervision. I acknowledge that it is my responsibility to adhere to the Code of Conduct and to ensure that my Child adheres to the Code of Conduct.

ASSUMPTION OF RISK AND RESPONSIBILITY. My attendance and my Child’s attendance at the Facility and our participation in and/or observance of the Activities is voluntary and I fully assume the risk of any personal injury, illness or death occurring to myself and my Child and the risk that any of my or my Child’s personal property is lost, stolen or damaged even if such injury, illness, death, loss or damage is caused by the negligence or willful acts or omissions of any of the Releasees or any other person and whether same occurs while participating in or observing the Activities or in any other area of the Facility (such as the entrances, exits or washrooms) or outside of the Facility (such as on the sidewalks or parking areas).  

WAIVER AND RELEASE.  I hereby waive all rights to make or bring any claims, demands, actions, suits or proceedings (collectively, “Claims”) which myself, my Child or our Legal Representatives have or may in the future have against the Releasees (or any of them) and hereby release and forever discharge the Releasees (and each of them) from any and all Claims and liability for or in respect of any illness, infection, injury, death, property damage, loss, cost or expense suffered or incurred as a result of or related to myself or my Child participating in or observing the Activities or attending at the Facility, due to any cause whatsoever including, but not limited to, negligence, wilful acts or omissions, breach of contract or breach of any statutory or other duty of care by any of the Releasees or any other person.

INDEMNITY. In the event that: (a) my Child or I causes or contributes in any way to the injury, illness or death of any person who is at the Facility or to the damage or loss of any property at the Facility, and/or (b) any Claims are made or brought against the Releasees (or any of them) in connection with any matter hereinbefore released; I shall indemnify and hold harmless the Releasees (and each of them) from and against any and all resulting or related Claims, liabilities, judgements, costs and/or expenses (including lawyer’s fees and disbursements).

HEALTH AND SAFETY MATTERS. I represent that neither myself nor my Child have any illnesses, disabilities or other conditions that prevent either of us from safely participating in the Activities. If any such conditions arise in the future, I will consult with a physician before my Child or I participates in any Activities.  I acknowledge that the Code of Conduct has been designed in part to create a safe environment for participants and observers of the Activities.  My Child and I will abide by such Code of Conduct at all times while at the Facility and I understand that TGL has the right to suspend our participation in the Activities if it deems necessary.