Golffitters 2026 Liability Waiver

RELEASE OF LIABILITY, WAIVER OF CLAIMS & ASSUMPTION OF RISK
Company: Golf Fitters, 19 elliot avenue, Collingwood ON, L9Y 5N5 (“Golf Fitters” or the “Company”)

1. Definitions
For the purposes of this Agreement:

• “Activities” includes golf instruction, club fitting, practice, equipment use, and related services
• “Equipment” includes any golf clubs, tools, or devices provided or used
• “Participant” means the individual engaging in the Activities
• “Gross negligence” means a marked and reckless departure from the standard of care expected in the circumstances.
• “Wilful misconduct” means intentional wrongdoing or deliberate disregard of a known risk.

2. Acknowledgment of Risk
I, the undersigned Participant, understand that participation in the Activities involves inherent risks, including but not limited to:

• Being struck by golf balls or clubs
• Slips, trips, and falls
• Muscle strain or injury
• Equipment failure or misuse

I voluntarily assume all risks, known or unknown.
3. Release of Liability
To the fullest extent permitted under the laws of Ontario, I hereby release and discharge Golf Fitters, including its owners, officers, directors, employees, agents, contractors, volunteers, affiliates, heirs, executors, administrators, successors and assigns (collectively the “Released Parties”) from any and all claims, demands, actions, causes of action, liabilities, damages, losses, costs and expenses (including legal fees) arising out of or relating to:

• Personal injury (including death)
• Property damage or loss
• Economic loss
• Participation in the Activities
• Use of Equipment or facilities
• Instruction, advice, or services provided

This release includes claims arising from ordinary negligence of the Released Parties. This release does not apply to claims arising from gross negligence, wilful misconduct, or any liability that cannot be excluded or limited by law.
4. Indemnification
I agree to indemnify and hold harmless the Released Parties from any and all third-party claims, damages, liabilities, and costs (including legal fees) arising from:

• My acts or omissions
• My breach of this Agreement
• My misuse of Equipment or facilities
• My participation in the Activities

This indemnity applies only to the extent such claims are caused by me and does not apply to claims arising from the gross negligence or wilful misconduct of the Released Parties.
5. Medical Fitness & Emergency Consent
I confirm that I am physically capable of participating in the Activities and have disclosed any relevant medical conditions. I understand that I should consult a physician if I have any concerns about my ability to participate. I authorize Golf Fitters to seek or arrange emergency medical assistance if reasonably necessary. I consent to such actions being taken and agree that I am responsible for any associated costs.
I acknowledge that Golf Fitters is not responsible for providing medical care or making medical decisions on my behalf.
6. Equipment Use
I agree to use all equipment safely and follow all instructions provided by Golf Fitters.
7. Limitation of Liability
To the fullest extent permitted by law: Golf Fitters shall not be liable for any indirect, incidental, special, or consequential damages. For all claims not excluded by law, the total liability of Golf Fitters shall not exceed the amount paid by the Participant for the Services. This limitation does not apply to:

• Claims for personal injury or death
• Gross negligence or wilful misconduct
• Any liability that cannot be limited or excluded by law

8. Minor Participants (Under 18)
If the Participant is under 18 years of age:

• A parent or legal guardian must sign this Agreement
• The parent/guardian represents they have legal authority to sign
• The parent/guardian agrees to be bound by this Agreement both personally and on behalf of the minor
• The parent/guardian agrees to indemnify Golf Fitters only for third-party claims arising from the minor’s acts or omissions, and not for any claims arising from the gross negligence or wilful misconduct of Golf Fitters.

9. Governing Law & Jurisdiction
This Agreement shall be governed by the laws of the Province of Ontario and the federal laws of Canada applicable therein. The parties submit to the exclusive jurisdiction of the courts of Ontario, to the extent permitted by law.
10. Severability & Amendments
If any provision of this Agreement is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect. This Agreement may only be amended in writing signed by both parties. Any waiver must also be in writing.
11. Acknowledgment
By signing below, I acknowledge that:

• I have read and understood this Agreement
• I have had the opportunity to ask questions
• I understand I am waiving certain legal rights, including the right to sue
• I am signing voluntarily and without duress