I acknowledge and agree that the use of the facilities at Smash Factor Muskoka Inc.’s place of business, including but not limited to the use of the golf simulators (“Activity”), has inherent risks. In consideration of the services provided by Smash Factor Muskoka Inc. and its members, officers, agents, consultants, employees, directors, officers, and all persons or entities acting in any capacity on their behalf (“Smash Factor Muskoka”), I now acknowledge, agree, and certify, on my own behalf and, on behalf of other participants I am booking on behalf of, and otherwise on behalf of all parties booking through me as follows:

1. I acknowledge and fully understand that I will be engaging in activities that may involve risk of serious or permanent injury or death which might result not only from my own actions, inactions, or negligence, but from the actions, inactions, or negligence of others, the conditions of the premises, or the inherent danger of golf simulators. Further, I acknowledge that there may be other risks not known or not reasonably foreseeable at this time, including but not limited to: latent or apparent defects in the equipment or facilities, the acts of other participants, the participant’s physical condition and health, the failure to follow the applicable rules, and the provision of emergency treatment of services.
2. I expressly agree and promise to accept full responsibility for, and to assume all the risks associated with, this Activity. My participating in this Activity is purely voluntary and I elect, notwithstanding my acknowledgment of the risks, to participate. I assume all of the foregoing risks and accept personal liability for any damages that result from any injury or property damage.
3. I agree to indemnify, defend and hold harmless Smash Factor Muskoka from any loss, damage or injury which may result from my use of, or any activities at, Smash Factor Muskoka. I further agree to release, acquit, waive and discharge Smash Factor Muskoka of and from, and covenant not to sue Smash Factor Muskoka for, any and all actions, claims, demands, or cause(s) of action of any nature, arising from or related to, any damage, loss or injury incurred on or to myself as a result of the Activity or the use of facilities at Smash Factor Muskoka. This release of liability and indemnity applies to myself (including those I have booked on behalf of or otherwise those who have booked through me, or as part of my booking), as well as any of my personal representatives, assigns, heirs, or next of kin. This release of liability and indemnity applies equally to losses, damages, or injuries caused or alleged to be caused, in whole or in part, by the negligence of Smash Factor Muskoka.
4. I hereby give Smash Factor Muskoka the irrevocable right to use photographs or video in all forms of media and in all manners, for advertising, marketing, publication, or any other lawful purposes and I waive any right to inspect or approve the finished product.
5. I hereby certify that I am at least 18 years of age, or am the parent or legal guardian of the participant under the age of 18, and agree that the Rules, Terms and Conditions of participating in the Activity have been made available to me and I will adhere to them.
6. By confirming my booking, I acknowledge and agree to be bound by the Terms, Conditions, Rules and Release.