WAIVER

MUST READ BEFORE PLAYING

PARTICIPANt WAIVER AND RELEASE OF LIABILITYΒ 

In consideration of the opportunity to use the facilities, golf simulators, and related equipment provided by 7 Under Par Ltd., located at 7 High Street, Grand Falls-Windsor Newfoundland & Labrador, and accessible via 7underpard.com (collectively, “7 Under Par”), I hereby agree to the following Waiver and Release of Liability (Agreement):

 

1. Waiver and Release of Liability:

a. Release: I hereby release and hold harmless 7 Under Par, its officers, directors, employees, agents, volunteers, and contractors (collectively, “Releasees”) from any claim, demand, loss, liability, damages, and attorney fees and costs whatsoever arising from, related to, or resulting from my use of 7 Under Par’s facilities, golf simulators, and related equipment (“Risks”), including those caused by the negligent acts or omissions of any or all of the Releasees.

b. Fitness Certification: I recognize the physical exertion involved in the use of 7 Under Par’s facilities, golf simulators, and related equipment, and certify that I am physically fit to participate safely, having not been advised otherwise by a health care professional.

c. Responsibility for Costs: I agree to be solely responsible for any and all medical and related bills that I may incur due to any injury, as well as costs related to loss or damage to my property, resulting from my participation at Swing Circuit Golf Simulators Inc.

d. Damage Liability: I will be personally liable for any and all damage to 7 Under Par’s facilities, simulators, and related equipment caused by my careless, reckless, intentional or unintentional actions.

e. Binding Agreement: This Agreement shall be binding on my estate, heirs, executors, administrators, successors, and assigns, as well as any other party asserting a claim on my behalf or on behalf of my estate.

 

 

2. General Provisions:

a. Jurisdiction: I agree that this Agreement shall be governed and construed according to the laws of the Province of Newfoundland & Labrador without regard to its conflict of laws provisions. Any action or proceeding concerning any claim or the meaning or effect of any provision of this Agreement shall be conducted only in the provincial courts located in Central NL and I expressly submit to the jurisdiction of such courts.

b. Entire Agreement: This Agreement constitutes the entire understanding between 7 Under Par Limited. and me concerning these matters. No waiver, modification, or amendment of any of the terms of this Agreement shall be effective unless made in writing and signed by the party to be charged.

c. Severability: If any portion of this Agreement is held invalid, the balance of the Agreement shall nonetheless continue in full legal force and effect.

3. 7 Under Par Rules and Regulations:

Safety Rules:

  • Participants must wear clean shoes and use clean clubs.
  • During winter months, only clean, dry shoes are allowed in the hitting area.
  • Use the provided balls and tees and return them after use to avoid additional charges.
  • **Do not use coloured, dirty, or damaged golf balls as they can damage the simulator screens.**
  • Food and drinks should be kept at designated tables; no food or drink is allowed inside the simulator or near the computer.
  • No alcohol, drugs, smoking, or vaping permitted on the premises.
  • Maximum of 4 golfers per simulator bay.
  • Respect other guests and staff.
  • Children under the age of 16 must be supervised by a non-golfing adult.
  • Equipment inside the simulator must be handled responsibly; swinging clubs outside of simulators is prohibited for safety reasons.
  • Only one person is allowed in the hitting area at a time; maintain a safe distance.
  • Before swinging, ensure no one is in the range of your swing.
  • Be aware of your backswing and follow-through at all times.
  • Direct shots towards the hitting screen.
  • Swinging should occur on or near the hitting area of the mat.
  • Report any accidents immediately.
  • Customers are financially responsible for damage caused by failure to follow rules.
  • 7 Under Par is under video surveillance; tampering with equipment will result in compensatory damages determined by 7 Under Par and/or their agents.
  • Photography and video may be recorded for promotional purposes without compensation.
  • Finish your session promptly; failure to follow rules may result in cancellation of remaining time without compensation.

I HAVE READ THIS RELEASE AGREEMENT, FULLY UNDERSTAND ITS TERMS, UNDERSTAND THAT I AM GIVING UP SUBSTANTIAL RIGHTS BY ENTERING 7 UNDER PAR LIMITED, AND DO SO FREELY AND VOLUNTARILY WITHOUT ANY INDUCEMENT.