THE MAD HITTER INC
(Hereinafter referred to as “THE MAD HITTER INC.”)
In consideration for my use of The Mad Hitter inc’s services, facilities, and equipment, I agree to the ( The Mad Hitter inc.) customer waiver (the “Client Waiver”) and its terms and conditions, as follows:
I hereby understand and acknowledge that The Mad Hitter inc’s services, programs, events, and equipment, including the indoor golf simulator experience, may expose me to inherent risks, including accidents, injury, illness, or even death. I assume all risks associated with participation including, but not limited to, falls, contact with other participants, equipment-related injury, the effects of the weather, including high heat and/or humidity, and all other such risks being known and appreciated by me. I hereby acknowledge my responsibility in communicating any physical and psychological concerns that might conflict with participation in any activity at a The Mad Hitter inc. facility.
I acknowledge that I am physically fit and mentally capable of performing the physical activities I choose to participate in while attending the The Mad Hitter inc’s facility. After having read this Client Waiver and knowing these facts, I freely and voluntarily agree to participate in and use The Mad Hitter inc.’s facilities and indoor golf simulator. I understand the risks involved in these activities.
I understand that by signing this form, I am forfeiting my right to pursue legal recourse against The Mad Hitter inc. for any injury or accident that may occur while I attend the The Mad Hitter inc. facility. I understand that I am solely responsible and liable for my actions while attending The Mad Hitter inc. facility and any damage caused by me intentionlly or accidentally will be paid by me in full as per current price of items in the market. Further, I will not hold The Mad Hitter inc. responsible for any acts by any other individuals attending the The Mad Hitter inc. facility.
In consideration of The Mad Hitter inc.’s acceptance of my participation and furnishing of their services to me, I agree, for myself and anyone entitled to act on my behalf, to HOLD HARMLESS, WAIVE AND FOREVER RELEASE AND DISCHARGE The Mad Hitter inc., its owners, employees, agents, officers, instructors, programs, organizers, representatives, successors, volunteers, and operators from any responsibility, liability, demands, or claims of any kind arising out of my attendance at The Mad Hitter inc.’s facilities or my participation in The Mad Hitter inc.’s virtual reality simulator, classes, programs, and/or events, whether foreseen or unforeseen, including those allegedly attributed to the above mentioned parties; and further, to save and hold harmless The Mad Hitter inc.’s services, programs, and persons from any claim by me, or my family, estate, heirs, transferees or assignees, arising as a result of my use of The Mad Hitter inc.’s services facilities, or equipment.
I acknowledge and agree that The Mad Hitter inc. shall not be held responsible or liable for any technical errors or downtime which may affect the The Mad Hitter inc. app, website, virtual reality screens, or other electronically-offered services from time to time. In the event a technical problem prevents or hinders my use of The Mad Hitter inc.’s services, I may notify The Mad Hitter inc. for a reschedule of my session.
TO THE FULLEST EXTENT PERMISSIBLE BY LAW, OTHER THAN IN THE EVENT OF A FINDING OF GROSS NEGLIGENCE BY AN ONTARIO COURT, THE MAD HITTER INC.’S TOTAL LIABILITY TO ME SHALL NOT UNDER ANY CIRCUMSTANCES EXCEED THE TOTAL AMOUNT OF ALL THE MONEY I HAVE PAID TO THE MAD HITTER INC..
To the maximum extent permitted by applicable law, I agree to defend, indemnify, and hold harmless The Mad Hitter inc., its affiliates, and their respective directors, officers, employees, agents, service providers, contractors, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgements, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to my use of The Mad Hitter inc.’s equipment or facilities, including, but not limited to, my use of the virtual reality simulator, my use of any shared customer facilities, my use of any rented equipment, my interactions with other individuals in or around the The Mad Hitter inc. facility, and my actions while attending the The Mad Hitter inc. facility.
I hereby understand, acknowledge, and agree to accept the risk that I may contract COVID-19 in The Mad Hitter inc.’s facility. While The Mad Hitter inc. takes every reasonable health and safety precaution, including having the staff wear personal protective equipment and regular deep-cleanings, The Mad Hitter inc. cannot guarantee that I will not contract COVID-19 while on or near its facilities.
The Mad Hitter inc. shall not be liable for any failure to perform any obligation under any agreement which is due to an event beyond the control of such party including, but not limited, to any Act of God, terrorism, war, political insurgence, insurrection, riot, civil unrest, government-ordered lockdown, act of civil or military authority, uprising, pandemic, epidemic, earthquake, flood, or any other natural or man-made eventuality outside of our control, which causes the termination of an agreement or contract entered into by The Mad Hitter inc., which termination could have been reasonably foreseen. In such event, The Mad Hitter inc. shall forthwith inform me of the termination and shall use all reasonable endeavors to comply with the terms and conditions of any agreement entered between myself and The Mad Hitter inc..
This Client Waiver will be governed by any construed in accordance with the laws of Ontario and the federal laws of Canada applicable therein, without giving effect to any choice or conflict of law provision, principle or rule (whether of the laws of Ontario or any other jurisdiction) and notwithstanding your domicile, residence or physical location.
I acknowledge and agree that I have read, understood, and accepted the terms and conditions of this Client Waiver and I have been afforded the opportunity to seek independent legal advice
with regards to this Client Waiver. For customers 18 years old or younger, a parent or guardian must agree to this Client Waiver on the customer’s behalf