- By signing below, I confirm that I am the individual named below, and that I have read and understand this Waiver and Release. (hereinafter also the “Parent/Guardian/Representative”)
- I understand that this Waiver and Release is made for the benefit of 2515014 Ontario Inc. Operating as Markham Executive Golf Course, and each of its directors, officers, employees, volunteers, coaches, officials, business operators, agents, and site property owners or occupiers (collectively, the “Organization”).
- I understand that there are inherent risks (“Risks”) associated with each of the following activities (“Activities”):
- the game of golf,
- the use of golf equipment and/or power carts, whether rented or purchased from the Organization, or my own,
- the use of Organization’s facilities, and participation in sports, fitness, instruction, food and beverage services, and other activities, services, programs or events provided or organized by the Organization.
- I am aware that the Risks include, but are not limited to, the potential for serious personal injury, death, or property damage. I understand the Risks may be relative to my own state of fitness and health (including physical, mental and emotional), and to the awareness, care and skill with which I conduct myself. I must be aware of golfers, golf balls, golf power carts, cars, golf pull carts, uneven grounds, animals and wildlife. Cart riders must keep feet in cart until arriving to a complete stop. I understand that I can operate a power cart only if I hold and present a VALID G license. I have read and agree to all of the warnings, notices and signage presented online, in print throughout the grounds and play areas. I have read the scorecard. These risks included above also apply to my junior/child/children and guests.
- I freely accept and fully assume all responsibility for all Risks and possibilities of personal injury, death, property damage or other loss resulting from my participation in the above described Activities. I accept these Risks and agree to the terms of this Waiver and Release, even if the Organization is found to be negligent or in breach of any duty of care or any obligation to me in my participation in the Activities.
- In addition to consideration given to the Organization for my participation in Activities, I and my heirs, next of kin, executors, administrators and assigns (collectively my “Legal Representatives”), agree:
- to waive all claims that I have or may have in the future against the Organization;
- to release and forever discharge the Organization from all liability for all personal injury, death, property damage or other loss resulting from my participation in Activities due to any cause, including but not limited to negligence (failure to use such care as a reasonably prudent and careful person would use under similar circumstances) either passive or active, breach of any duty imposed by law, breach of contract or mistake or error of judgement of the Organization;
- to release and forever discharge the Organization from all liability or all personal injury, death, property damage or other loss resulting from any infectious disease, virus, bacterium or other microorganism (whether asymptomatic or not); or
- to release and forever discharge the Organization from all liability for all personal injury, death, property damage or other loss resulting from Coronavirus (COVID-19) including any mutation or variation thereof; or
- to release and forever discharge the Organization from all liability for all personal injury, death, property damage or other loss resulting from Pandemic or epidemic, as declared as such by the World Health Organization or any governmental authority., and
- to be liable for and to hold harmless and indemnify the Organization from all actions, proceedings, claims, damages, costs, demands including court costs and costs on a solicitor and client basis, and liabilities of whatsoever nature or kind arising out of or in any way connected with my, or my guests’ participation in Activities.
Additional terms for use of Golf Cart(s) and Golf Equipment
- Lessee acknowledges receipt of the equipment identified above (the “Equipment” which was examined by Lessee and found to be in first-class condition upon receipt. Lessee further acknowledges that the equipment is leased by, Leaser to Lessee for the use and purpose for which it was manufactured subject, however to the terms and conditions set forth herein.
- Lessee shall pay to Leaser, upon demand, rental for the equipment at the rates provided until the equipment is returned to Leaser. All days including weekends and holidays are chargeable. Rates are subject to change at any time. Lessee shall return the equipment to the office no later than the date and time specified below (LESSEE SHALL CONTACT LESSOR IN CLUBHOUSE IF AN EXTENSION OF TIME IS DESIRED) or upon Leaser’s demand therefore. The equipment shall be returned in the same condition as when received, ordinary wear accepted. If applicable, lessee is aware and agrees to existing damages which your are made aware of or may be listed below. Lessee will not be responsible for existing damages. All new damages will be presented on an invoice. Lessee will be responsible to pay a loss of equipment use daily charge of $125.00 plus applicable interest charges of 5% daily on the total amount until full payment is received.
- Lessee shall reimburse Leaser, upon demand for the loss of, or any damage to the equipment or property damage while it is rented to Lessee and for all costs and expenses, including reasonable attorney’s fee, incurred by Leaser in collecting and amounts owing by Lessee hereunder or in otherwise enforcing Leaser’s rights hereunder.
- Lessee shall identify and hold Leaser harmless from and against any and all liability, including bodily injury and property damage, arising out of the use or operation of the equipment by Lessee or anyone using or operating the same with Lessee’s express or implied consent: provided, however, that Leaser shall be responsible for loss or damage resulting from Leaser’s sole negligence.
- Lessee/Operator(s) of golf cart and golf club rental equipment must be 18 years of age and have in their possession a VALID G license. (moped license, learner’s permit etc. are not accepted). Lessee shall abide by all rules and regulations of Leaser governing the use of the equipment (ONLY HOLDERS OF A VALID G LICENSE 18 YEARS OF AGE AND OLDER MAY OPERATE AND RENT THE EQUIPMENT).
- We may take a picture of your VALID G License to keep on record. We will discard the information upon written request.
- Lessee shall not assign the Rental Contract or sublease the equipment.
- Golf Carts must be operated properly. Horseplay, racing or other misuse of cart will not be tolerated. Carts are to be operated on Markham Executive Golf Course roadways only and not on thru sites or restricted areas. No off road riding.
- Golf Cart speed limit is 5 mph. Golf Carts with lights operated after sunset must have lights turned on.
- Golf Carts and Golf Clubs must remain within the Golf Course area at all times not to exceed past posted areas.
- Golf Carts can carry a maximum of 2 people and all passengers must be seated at all times when cart is in motion. Covid rules - Power carts are limited to single rider unless players are residing in the same household. We may not have a protective separator. Protective masks and gloves should be worn at all times. Carts will be sanitized after each use. Rental Clubs are limited to single player use. Protective masks and gloves should be worn at all times. Rental Clubs will be sanitized after each use. Lessee assumes full responsibly if Lessee shares power cart or golf clubs with someone which does not live in the same household. (Covid rules/conditions must be followed and are subject to change at any time).
- Golf Carts and Golf Clubs must be returned at the designated time. A 3 ½ hour maximum time limit applies. Late returns of cart will be charged $10 every half hour late. We ask that you respect these rules. 7 hour max applies if repeat play and repeat rental is paid for and play is repeated.
- Please report any malfunctions or damage to management immediately. We ask that you contact the clubhouse.
- Anyone found abusing the rules and regulations of the rental golf cart would forfeit all rental privileges. There will be no refunds made if the cart has to be returned because of Lessee misuse. Loss of security deposit will also result if cart is misused or damaged. There are no second chances.
- Alcohol is not permitted on the golf cart and it is against the law to drink alcohol and to drive. If you have alcohol on the golf cart or are under the influence you will immediately lose rental privileges and all monies for the rental of the golf cart.
- Violating any of the rules will be cause for immediate loss of rental privileges.
a. Underage drivers – anyone under 18 operating the golf cart b. INVALID or no G license c. Reckless driving
Additional terms for use of Golf Cart(s) and Golf Equipment
- I am the child’s parent or legal guardian or representative and have authority to sign this waiver of liability on behalf of the junior(s)/child/children below.
- I KNOWINGLY AND FREELY ASSUME ALL SUCH RISKS, both known and unknown, and assume full responsibility for the junior(s)/child/children participation in the Course and any related activities.
- I willingly agree to comply with the Course policies and procedures (as amended from time to time) and with the Course’s terms and conditions for my participation and the junior(s)/child/children participation
- I have provided, in writing to the Course, any and all allergies (food or otherwise) and medical conditions from which myself and the junior(s)/child/children suffers and confirm that such allergies or medical conditions are not of such a nature that participation in the camp/clinic will adversely impact my health or my child’s health.
