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ACE INDOOR GOLF

Please read these Waiver & Liability / Terms & Conditions carefully before booking, entering, or using Ace Indoor Golf.

ACKNOWLEDGEMENT AND AGREEMENT

I HAVE READ AND UNDERSTAND THESE WAIVER & LIABILITY / TERMS & CONDITIONS.

I understand that by booking, entering, accessing, or using the Ace Indoor Golf Facilities or Equipment, I am voluntarily assuming risks associated with indoor golf and physical activity.

I understand that I am waiving certain legal rights that I, my heirs, next of kin, executors, administrators, successors, assigns, representatives, and, to the extent legally permitted, my Guests may have against Ace Indoor Golf and the Releasees.

I understand and agree to the Assumption of Risk, Waiver and Release of Liability, Indemnification, Equipment Damage, and Limitation of Liability provisions contained in these Terms.

By completing a booking, purchasing a membership, package, gift card, event, or other service, entering the facility, or using any facility, equipment, simulator, or service provided by Ace Indoor Golf, you acknowledge that you have read, understood, and agreed to these Waiver & Liability / Terms & Conditions.

If you do not agree to these terms, you must not access or use the Ace Indoor Golf facility, equipment, website, booking platform, or services.


WAIVER & LIABILITY / TERMS & CONDITIONS

1. DEFINITIONS

For the purposes of these Waiver & Liability / Terms & Conditions:

“Ace Indoor Golf,” “we,” “us,” or “our” means Ace Indoor Golf Inc., together with its affiliates, and their respective directors, officers, shareholders, employees, instructors, agents, independent contractors, subcontractors, representatives, sponsors, successors, and assigns, collectively referred to as the “Releasees.”

“Facilities” means all areas of Ace Indoor Golf, including, without limitation, golf simulator bays, hitting areas, pathways, entrances and exits, waiting areas, lounge areas, washrooms, furniture, and any other areas made available to customers or guests.

“Equipment” means all equipment provided or made available by Ace Indoor Golf, including, without limitation, golf simulators, screens, sensors, cameras, hitting mats, golf clubs, balls, tees, furniture, technology, and other equipment or property.

“Golfing” includes, without limitation, the use of the Facilities and Equipment, participation in indoor golf or simulator activities, and all other activities taking place at or in connection with Ace Indoor Golf.

“Customer” means the person who creates an account, makes a booking, purchases a service, or otherwise accesses or uses Ace Indoor Golf.

“Guests” means any person invited, accompanied, or permitted by the Customer to enter or use the Facilities or Equipment.

By accessing or using the Ace Indoor Golf website, booking platform, Facilities, Equipment, or services, you agree to be bound by these Terms, including any additional terms, rules, policies, booking conditions, cancellation policies, or notices posted by Ace Indoor Golf.

These Terms apply to all users, including customers, guests, members, event participants, and other persons accessing or using the Facilities or services.

By completing a booking or payment, you acknowledge that:

  • you have read and understood these Terms;
  • you agree to comply with all applicable facility rules and instructions;
  • you accept the risks associated with indoor golf and use of the Facilities and Equipment; and
  • you agree to the Waiver, Release, and Indemnity provisions contained in these Terms.

You represent that you are at least the age of majority in the province or jurisdiction in which you reside, or that you have the legal authority to accept these Terms on behalf of a minor or dependent whom you permit to enter or use the Facilities or Equipment.

Where a Customer permits a minor or another individual to use the Facilities or Equipment, the Customer is responsible for ensuring that such person understands and follows these Terms and all applicable safety rules.

Customers are responsible for reviewing all booking details, including the date, time, location, number of bays, duration, pricing, cancellation policies, facility rules, and other applicable instructions before completing a booking.

Bookings, memberships, packages, promotions, events, gift cards, and other services may be subject to additional terms and conditions.

Ace Indoor Golf reserves the right to limit availability, refuse, cancel, modify, or terminate a booking, membership, event, or service where permitted by applicable law, including where a customer or guest:

  • fails to comply with these Terms;
  • violates facility rules;
  • behaves in an unsafe, disruptive, abusive, or inappropriate manner;
  • damages Ace Indoor Golf property or Equipment; or
  • creates a risk to other customers, guests, employees, property, or the Facilities.

Customers and Guests must use the Facilities and Equipment responsibly, safely, and only for their intended purposes.

Customers are responsible for ensuring that all Guests accompanying them are aware of, understand, and comply with these Terms and all applicable safety rules.

The Customer who creates the booking or account accepts responsibility for the conduct of all Guests permitted by the Customer to enter or use the Facilities and Equipment.

Ace Indoor Golf may require any person who fails to comply with these Terms or facility rules to immediately leave the premises, subject to applicable law.

I acknowledge that golfing, my presence at Ace Indoor Golf, and my use of the Facilities and Equipment involve inherent risks, dangers, and hazards.

These risks include, but are not limited to:

  • slips, trips, and falls;
  • being struck by golf balls, golf clubs, or other objects;
  • ricocheting, erratic, or improperly hit golf balls;
  • moving golf clubs or other Equipment;
  • failure to act safely or within one’s own physical ability;
  • failure to remain within designated areas;
  • improper or unsafe use of Facilities or Equipment by myself or others;
  • physical injury, illness, or death resulting from physical activity or exertion;
  • risks associated with any pre-existing condition that may affect my ability to safely participate in physical activity;
  • risks associated with the conduct or negligence of other customers or Guests;
  • malfunction, failure, or improper operation of Equipment;
  • temporary or unexpected closure or restricted access to portions of the Facilities;
  • delays in maintenance or repairs;
  • the absence or limited availability of onsite personnel;
  • risks associated with automated facility access or operations;
  • loss or damage to personal property; and
  • NEGLIGENCE ON THE PART OF THE RELEASEES, including any failure to take reasonable steps to safeguard or protect me from the risks, dangers, and hazards described above, to the maximum extent permitted by applicable law.

I freely accept and fully assume all such risks, dangers, and hazards, on my own behalf and, to the extent legally permitted, on behalf of all individuals whom I permit to enter the Facilities or use the Facilities and Equipment.

7.1 Waiver and Release

I WAIVE ANY AND ALL CLAIMS that I have or may in the future have against the Releasees and RELEASE AND FOREVER DISCHARGE the Releasees from any and all liability for any damage, expense, loss, illness, injury, or death that I may suffer or incur arising from or connected with my presence at or use of the Facilities or Equipment, or the presence or use of the Facilities or Equipment by my Guests, to the maximum extent permitted by applicable law.

This release applies to claims arising from any cause whatsoever, including, without limitation, negligence, breach of contract, breach of duty of care, or any other legal duty, including any applicable duty under the Occupiers’ Liability Act, in relation to the maintenance or repair of the Facilities; selection, maintenance, operation, or repair of Equipment; provision or failure to provide warnings, directions, or instructions; or any of the risks, dangers, and hazards described in these Terms.

I understand that negligence may include a failure by the Releasees to take reasonable steps to safeguard or protect me from the risks, dangers, and hazards associated with the Facilities and Equipment.

7.2 Scope of Release

This waiver and release applies to personal injury, illness, death, property damage, property loss, expenses, and other losses arising from or connected with my use of the Facilities or Equipment, except to the extent that such exclusion or limitation is prohibited by applicable law.

7.3 Guest Responsibility

I acknowledge that I am responsible for ensuring that all Guests whom I invite or permit to enter or use the Facilities and Equipment are informed of these Terms and agree to comply with all applicable safety rules.

To the maximum extent permitted by applicable law, I agree to hold the Releasees harmless from claims brought by any Guest arising from the Guest’s participation in activities at Ace Indoor Golf or use of its Facilities or Equipment.

I agree to indemnify, defend, and hold harmless Ace Indoor Golf and the Releasees from and against any and all claims, demands, actions, losses, damages, liabilities, costs, and reasonable legal expenses arising from or relating to:

  1. my breach of these Terms;
  1. my violation of any law, regulation, or facility rule;
  2. my negligent, reckless, wilful, improper, or unsafe conduct;
  3. the conduct of any Guest whom I invite or permit to enter or use the Facilities or Equipment;
  4. damage caused by me or my Guests to the Facilities, Equipment, or other Ace Indoor Golf property; or
  5. any claim made by a third party arising from my use of the Facilities or Equipment or that of my Guests.

Customers and Guests are financially responsible for damage to Ace Indoor Golf property or Equipment resulting from negligent, reckless, improper, intentional, or unsafe use.

This includes, without limitation:

  • golf simulator screens;
  • sensors;
  • cameras;
  • hitting mats;
  • golf clubs;
  • golf balls and tees;
  • furniture;
  • doors and access equipment;
  • technology and electronic equipment;
  • structural property; and
  • any other Ace Indoor Golf property.

Ace Indoor Golf reserves the right to assess the reasonable cost of repair or replacement of damaged property.

Following a review of the incident, Ace Indoor Golf may provide written notice of the damage and the applicable repair or replacement cost to the email address associated with the Customer’s account.

By completing a booking, the Customer authorizes Ace Indoor Golf, to the maximum extent permitted by applicable law, to charge the payment method used for the booking for the reasonable cost of repair or replacement resulting from damage caused by the Customer or the Customer’s Guests.

To the maximum extent permitted by applicable law, the total liability of Ace Indoor Golf and the Releasees arising out of or relating to these Terms, the Facilities, Equipment, bookings, or services shall be limited to the amounts actually paid by the Customer to Ace Indoor Golf for the specific Facilities, Equipment, or services giving rise to the claim.

To the maximum extent permitted by applicable law, Ace Indoor Golf and the Releasees shall not be liable for any indirect, incidental, special, punitive, exemplary, aggravated, or consequential damages, including, without limitation, loss of profits, loss of revenue, loss of savings, loss of data, business interruption, replacement costs, or similar losses.

Nothing in these Terms is intended to exclude or limit any liability that cannot lawfully be excluded or limited under applicable law.

Ace Indoor Golf may operate Facilities using automated or partially automated systems, including automated booking, access control, payment, or other technology.

Customers acknowledge that there may be circumstances in which onsite personnel are unavailable or not immediately present.

Ace Indoor Golf does not guarantee uninterrupted access to the Facilities or Equipment and shall not be responsible for delays, interruptions, malfunctions, or temporary inability to access or use the Facilities or Equipment, except to the extent required by applicable law.

Customers must follow all access instructions and must not permit unauthorized persons to enter the Facilities.

Customers and Guests are responsible for their own personal belongings.

Ace Indoor Golf is not responsible for lost, stolen, or damaged personal property brought onto the premises, except to the extent required by applicable law.

Customers and Guests must comply with all posted facility rules and reasonable instructions provided by Ace Indoor Golf.

The following conduct is prohibited:

  • unlawful activity;
  • unsafe use of the Facilities or Equipment;
  • misuse or intentional damage of Equipment or property;
  • behaviour that creates a risk to staff, customers, Guests, or property;
  • harassment, abuse, intimidation, discrimination, or threatening behaviour;
  • interference with safety, access, security, or facility systems;
  • unauthorized access to restricted areas;
  • tampering with or attempting to circumvent security or access-control systems; and
  • any other conduct prohibited by applicable law or Ace Indoor Golf facility rules.

Ace Indoor Golf reserves the right to terminate or suspend access to the Facilities or services for violations of these Terms, subject to applicable law.

Prices for bookings, memberships, packages, events, gift cards, promotions, and other services may be changed from time to time.

Availability is not guaranteed until a booking is successfully completed and confirmed.

Cancellation, refund, credit, rescheduling, and booking modification requests are subject to the applicable policy posted by Ace Indoor Golf at the time of booking.

Ace Indoor Golf reserves the right to correct errors, inaccuracies, or omissions relating to pricing, availability, booking information, promotions, memberships, events, or services.

Customers agree to provide current, complete, and accurate booking, billing, payment, and account information.

Customers are responsible for maintaining accurate contact information, including email address and telephone number, so that Ace Indoor Golf can communicate with them regarding bookings, payments, facility access, changes, or other matters.

Ace Indoor Golf reserves the right to refuse, limit, modify, or cancel a booking or transaction where permitted by law.

Ace Indoor Golf may use third-party providers for services including, without limitation, booking systems, payment processing, access control, waiver systems, communications, memberships, and other technology.

These third-party services may be subject to separate terms and policies established by the applicable provider.

To the maximum extent permitted by applicable law, Ace Indoor Golf is not responsible for the acts, omissions, interruptions, errors, or failures of third-party service providers.

Ace Indoor Golf does not guarantee that its website, booking platform, payment systems, or related services will always be uninterrupted, timely, secure, or error-free.

Ace Indoor Golf reserves the right to modify, suspend, restrict, or discontinue any portion of its website, booking platform, or services at any time, subject to applicable law.

Customers agree not to interfere with, misuse, circumvent, or attempt to compromise the security or operation of the website, booking platform, facility access systems, or related technology.

Personal information submitted through the Ace Indoor Golf website, booking platform, membership system, waiver system, or related services will be handled in accordance with Ace Indoor Golf’s applicable Privacy Policy and applicable privacy legislation.

Customers agree to provide accurate information necessary to process bookings, payments, memberships, facility access, and related services.

Ace Indoor Golf reserves the right to update, change, or replace these Terms from time to time by posting the updated version through its website, booking platform, or other appropriate means.

It is the Customer’s responsibility to review the current version of these Terms.

Continued use of the website, booking platform, Facilities, Equipment, or services after updated Terms have been posted constitutes acceptance of the updated Terms to the extent permitted by applicable law.

If any provision of these Terms is determined to be unlawful, invalid, void, or unenforceable, that provision shall be enforced to the maximum extent permitted by applicable law and shall be severed or limited only to the extent necessary.

The remaining provisions shall continue in full force and effect.

These Waiver & Liability / Terms & Conditions, together with any applicable booking policies, facility rules, posted policies, and other terms expressly incorporated by reference, constitute the entire agreement between the Customer and Ace Indoor Golf concerning the use of the Facilities, Equipment, website, booking platform, and services.

These Terms supersede all prior or contemporaneous agreements, communications, representations, and proposals relating to the same subject matter.

These Terms shall be governed by and interpreted in accordance with the laws of the Province of Ontario and the applicable laws of Canada.

Any litigation or legal proceeding relating to these Terms shall, to the extent permitted by applicable law, be brought in the Province of Ontario and shall be subject to the jurisdiction of the courts of Ontario.