RELEASE OF LIABILITY, ASSUMPTION OF RISK AND INDEMNITY AGREEMENTI understand that this document affects my legal rights and the legal rights of the minors, and that by signing below I acknowledge that I have read and understood the disclosure of risks, voluntarily accept those risks, and agree to be bound by all terms and conditions of this agreement. PLEASE READ CAREFULLY!
In consideration of the services provided by In Play Inc. O/A Putt Mini Golf. ("the Attraction") and of the permission granted by the Attraction to use the Attraction's property, facilities, and services and to participate in mini golf games and activities (including but not limited to mini golf, arcade, and similar activities at the Attraction, I, on behalf of myself and on behalf of my child or children and any other minors within my care as listed below ("Minors"), irrevocably agree to the following terms and conditions:
1. General Release and Waiver of Liability. I, for myself and on behalf of the Minors as well as my spouse, children, wards, heirs, assigns, personal representatives and next of kin (the "Releasing Parties"), voluntarily release and forever discharge and agree not to sue the Attraction or its agents, shareholders, employees, representatives, managers, owners, officers, directors, principals, volunteers, participants, insurers, facility operators, visitors, lessors, predecessors, affiliates, relater parties, controlled or subsidiary organizations, successors, assigns, equipment suppliers and manufacturers, trainers, intellectual property holders, or any other persons or entities acting in any capacity on the Attraction's behalf (hereinafter collectively referred to as the "Protected Parties") from liability for any and all claims, demands, suits, losses, personal injuries (including death), debts, proceedings, costs, expenses, damages, property damage and loss, settlement amounts and liabilities, judgments, actions or causes of actions, whatsoever or howsoever, including and any and all costs and expenses in connection therewith, including legal fees and costs of investigation (collectively the “Claims”) connected with or arising from my or the Minors' participation in the Activities or use of the Attraction facilities, including DUE TO ANY CAUSE WHATSOEVER, INCLUDING NEGLIGENCE, OMMISSIONS, BREACH OF CONTRACT, OR BREACH OF ANY STATUTORY OR OTHER DUTY OF CARE, INCLUDING ANY DUTY OF CARE OWED UNDER THE OCCUPIERS’ LIABILITY ACT, R.S.O. 1990, c. O. 2 ON THE PART OF THE ATTRACTION AND FURTHER INCLUDING THE FAILURE ON THE PART OF THE ATTRACTION TO SAFEGUARD OR PROTECT ME OR THE MINORS FROM THE RISKS, DANGERS AND HAZARDS OF THE ACTIVITIES.I understand that this release of liability will prevent any of the Releasing Parties, including me and the Minors, from bringing any lawsuit or making any claim for personal injury, damages or death connected with participating in the Activities or using the facilities.
2. Acknowledgement of Risks. I understand that my participation and the participation of the Minors in the Activities involves known and unanticipated risks that could result in physical or emotional injury, paralysis, death, or damage to me, to the Minors, or to third parties. Such risks (the "Risks") include, but not limited to:
3. Assumption of Risks. After being fully informed of the above risks, I, on my own behalf and, to the fullest extent allowed by law, on behalf of all Releasing Parties and the Minors, expressly agree and promise to accept and assume all known and unanticipated risks associated with participation in the Activities and use of the Attraction's facilities, including the Risks listed above, and I voluntarily elect to participate and to allow the Minors to participate in the Activities and use the Attraction's facilities.I agree that there are certain risks inherent in the Activities that cannot be avoided or eliminated, and that by signing this form I am giving up my right and the right of the Minors to recover from the Protected Parties in a lawsuit or other proceeding for any damages, including personal injury or death to me or the Minors, that results from such risks, including the Claims. I understand that I have the right to refuse to sign this form, and the Attraction has the right to refuse to let me or the Minors participate if I do not sign this form.
4. Indemnification Agreement. I hereby agree to hold harmless, discharge, indemnify and defend the Protected Parties from and against any and all Claims, (including claims brought by any of the Releasing Parties or Minors), arising out of or connected with my or the Minors' participation in the Activities or use of the Attraction's facilities, regardless of whether the Claims are the result of the negligent acts or omissions of myself, the Minors, the Protected Parties, or third parties, including other participants in the Activities. Such indemnity obligation shall include, but not be limited to, any Claim, action or proceeding that alleges that I or the Minors negligently or intentionally caused any injury, death or damage to other participants in the Activities or other third parties at the Attraction.
5. Release of Rights to Audio, Video and Photographic Images. I hereby grant the Attraction on behalf of myself and the Minors the irrevocable right and permission to photograph and/or record me or the Minors in connection with the Activities and the Attraction and to use the resulting photographic images, audio or video for all purposes, including advertising and promotional purposes, in any manner and in any media now or hereafter known, in perpetuity throughout the world, without restriction as to alteration, and without any reimbursement of any kind due to me or the Minors. On my behalf and on behalf of the Minors, I waive any right to inspect or approve the use of any such photographic image, audio or video. I agree that the Attraction will be the exclusive owner of all rights, including but not limited to the copyrights, in and to the photographic images, audio and video and the results and proceeds of my participation hereunder.
6. Certifications. In order to assist the Attraction in effectively providing for the safety of me and the Minors, I certify that:
7. Term of Agreement. I understand that this agreement shall continue in effect and will be in full force and legal effect each and every time I or the Minors visit the Attraction, whether at the current location or any other location or facility. I agree that the Attraction may require me to sign a new agreement at any time as a requirement for my participation or the participation of the Minors in the Activities.
8. Legal Fees. I promise to indemnify the Attraction for any legal fees and costs incurred by the Attraction to enforce this agreement, including costs associated with any collection efforts. If Attraction obtains a judgment against me pursuant to this agreement, prejudgment and post---judgment interest shall accrue thereon as allowed by applicable law.
9. Governing Law; Venue; Dispute Resolution. This agreement shall be governed by and interpreted in accordance with the laws of the Province of Ontario. I agree and acknowledge that any claim or dispute arising from or related to this agreement or the relationship of the parties in any respect thereto shall first be submitted to mediation, and that engaging in such mediation is a condition precedent to bringing any claim against the Attraction arising from or related to this agreement. If settlement is not reached within sixty (60) days after delivery of a written demand for mediation, such claim or dispute shall be submitted to and be settled by final and binding arbitration within one year of the date of this agreement and will be determined by binding arbitration before one arbitrator to be administered pursuant to the Arbitration Act (Ontario). I further agree that the arbitration will take place solely in the Province of Ontario and that the substantive law of Ontario shall apply. If, despite the representations made in this agreement, I or anyone on behalf of myself and/or my child/ward file or otherwise initiate a lawsuit, in addition to my agreement to defend and indemnify the Protected Parties, I agree: (I) that any litigation involving the parties to this agreement shall be brought solely within the Province of Ontario and shall be governed by the laws of Ontario, and (ii) to pay Protected Parties within 60 days of initiating or filing a lawsuit against Protected Parties liquidated damages in the amount of $5000 plus 12% interest per annum if payment is not made on time.
10. Entire Agreement; Severability. I understand that this is the entire agreement between the undersigned and the Attraction, and that it cannot be modified or changed in any way by the representations or statements of the Attraction or its employees or agents or by the undersigned. This agreement supersedes any and all previous oral or written promises or agreements.I understand and agree that this agreement is intended to be as broad and inclusive as permitted by the laws of the Province of Ontario and that if any portion thereof is held invalid, void or unenforceable, it is agreed that the remainder of the agreement will remain in effect and will continue in full legal force and effect.
11. Effect of Agreement. I have read the above and fully understand the terms of this agreement and I have either consulted a lawyer regarding the agreement or have elected not to do so. I am aware that by signing this agreement, I am giving up rights that I may have to bring a legal action or assert a claim against the Protected Parties on the basis of their negligent acts or omissions. I understand that by signing this agreement I may be found by a court of law to have forever waived my rights and the rights of the Releasing Parties and the Minors to maintain any action against the Protected Parties on the basis of any claim from which I have released the Protected Parties. I am giving up these important legal rights voluntarily, freely, under no threat of duress, without inducement, promise or guarantee being communicated to me. I have had reasonable and sufficient opportunity to read and understand this entire agreement. I unconditionally agree to the full terms, statements, warranties, notices, representations, waivers and releases contained in this agreement on behalf of myself, the Releasing Parties and the Minors listed below.I certify that I am the parent, legal guardian or authorized agent of the Minors listed below and that I have authority to sign this agreement on their behalf. I also certify that the information provided below for each Minor participant is true and correct. I acknowledge that the Attraction staff may require me to present a picture I.D. to verify my identity.
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