Conditions d'utilisation

Activity Waiver & Release Agreement
IN CONSIDERATION OF the covenants and agreements contained in this Agreement and other good and valuable consideration, the receipt of which is hereby acknowledged, the parties to this Agreement agree as follows:
CONSIDERATION
  1. Being of lawful age and in consideration of being permitted to participate in the activity described below, the Participant releases and forever discharges the Activity Provider, its owners, directors, officers, employees, agents, assigns, legal representatives, and successors from all manner of actions, causes of action, debts, accounts, bonds, contracts, claims and demands for or by reason of any injury to person or property, including injury resulting in the death of the Participant, which has been or may be sustained as a consequence of the Participant's participation in the activity described below, and notwithstanding that such damage, loss or injury may have been caused solely or partly by the negligence of the Activity Provider.
  2. The Participant understands that it would not be permitted to participate in the activity described below unless it signed this Agreement.
DETAILS OF ACTIVITY
  1. The Participant will participate in the following activity: Indoor Golf Driving Range / Simulator.
CONCURRENT RELEASE
  1. The Participant acknowledges that this Agreement is given with the express intention of effecting the extinguishment of certain obligations owed to the Participant and with the intention of binding the Participant's spouse, heirs, executors, administrators, legal representatives, and assigns.
FITNESS TO PARTICIPATE
  1. The Participant acknowledges that the Participant does not have any physical limitations, medical ailments, or physical or mental disabilities that would limit or prevent the Participant from participating in the above-mentioned activity. If required, the Participant will obtain a medical examination and clearance.
FULL AND FINAL SETTLEMENT
  1. The Participant hereby acknowledges and agrees that the Participant has carefully read this Agreement, that the Participant fully understands the same, and that the Participant is freely and voluntarily executing the same.
  2. The Participant understands that by signing this Agreement, the Participant agrees to be forever prevented from suing or otherwise claiming against the Activity Provider for any property loss or personal injury that the Participant may sustain while participating in or preparing for the above-noted activity.
  3. The Participant has been given the opportunity to seek independent legal advice prior to signing this Agreement.
  4. This Agreement contains the entire agreement between the parties to this Agreement and the terms of this Agreement are contractual and not a mere recital.
GOVERNING LAW
  1. This Agreement will be governed by and construed in accordance with the laws of the Province of British Columbia.
AGREEMENT TO ABIDE BY ANYTIME SIM GOLF RULES AND REGULATIONS
    1. The Participant agrees to the following rules and regulations set forth at all Anytime Sim Golf locations. If any Participant is found to be in violation of any of the rules, he/she will be charged a financial penalty based on the severity of the infraction on his/her credit card at Anytime Sim Golf's sole discretion.

    • There will be NO smoking, e-cigarettes, alcohol, drugs, tobacco, marijuana, cannabis, vapor products, or any other similar products permitted inside any Anytime Sim Golf location. Golfers are also not allowed to be under the influence and/or intoxicated while inside any Anytime Sim Golf facility. Any violations will result in an immediate minimum CAD $100 fine.
    • There will be NO food allowed inside any Anytime Sim Golf location. Only non-alcoholic bottled or capped drinks are allowed.
    • This limit is 4 people at our Kelowna, BC location.  Any capacity violations will result in an automatic minimum $50 fine per person per 30 minutes.
    • All golfers will preserve the quiet nature of the facility. Customers are not to be making excessively loud noise, profanity, commotion, etc. Golfers are also NOT allowed to enter/practice in any other adjacent bays that they have not booked and must only use their own bay during their session.
    • Customers may use their own balls/tees. If a customer chooses to use their own golf ball, it must be CLEAN AND UNMARKED (no sharpie lines). Simply put, just use a new and clean golf ball.
    • The purchaser is responsible for any sessions used during session. Customers will also not share their CloudKey with any other person.
    • No formal lessons and/or instruction are allowed by any non-authorized instructor.
    • Golfers will not use or modify any existing programs and/or settings on the golf simulator computer, other than using the provided Foresight FSX Program Software. Golfers will also not change the language to anything other than 'English'.
    • Any golfer that is found to be purposely, or negligently, damaging any part of the facility (i.e., walls, touchscreen, GC Hawk, equipment, turf, furniture, fixtures, etc.) will be fined for damages upon inspection. This violation may also result in a permanent ban from the facility.
    • With the use of Anytime Sim Golf Kelowna location, the purchaser is responsible for the well-being, of the assigned space during their, or a direct gifty's stay, financially and otherwise.
    • This document is agreed upon at the time of purchase and witnessed at such time by ANYTIME SIM GOLF.