Waiver

Release and Waiver of Liability

NextBay Golf Lounge

This Release and Waiver of Liability (“Agreement”) is executed by the undersigned participant (“Participant”) in favor of NextBay Golf Lounge, including its owners, operators, employees, representatives, and affiliates (collectively, “NextBay”). By entering, using, or participating in any activities at NextBay, the Participant acknowledges and agrees to the following terms:

  1. Assumption of Risk
    The Participant understands that golf-related activities involve inherent risks, including but not limited to: being struck by golf clubs or golf balls, slipping or tripping, equipment malfunction, or other hazards associated with indoor athletic environments. The Participant voluntarily assumes all risks, whether known or unknown, connected with the use of NextBay and its equipment.
  2. Release of Liability
    In consideration for being permitted to use NextBay’s facilities, the Participant hereby releases, waives, and forever discharges NextBay from any and all claims, demands, causes of action, damages, or liabilities of any kind arising out of or related to participation in activities at NextBay, including those resulting from the negligence of NextBay.
  3. Indemnification
    The Participant agrees to indemnify and hold harmless NextBay from any loss, liability, damage, or cost incurred due to the Participant’s actions, misuse of equipment, or failure to follow safety instructions.
  4. Use of Equipment and Rules Compliance
    The Participant agrees to use all golf simulators, clubs, and related equipment responsibly and in accordance with posted rules and staff instructions. The Participant understands that misuse may result in injury or damage and accepts full financial responsibility for any harm caused by negligent or improper use.
  5. Health and Physical Condition
    The Participant certifies that they are physically able to participate safely and are not aware of any health condition that would increase their risk of injury while using the NextBay facilities.
  6. Binding Effect
    This Agreement is binding upon the Participant, their heirs, legal representatives, and assigns. The Participant has read and understands the terms of this Agreement and signs it voluntarily.
  7. Acknowledgement of Understanding
    The Participant acknowledges that they have carefully read and fully understand this Agreement and are executing it voluntarily and without any duress. By entering the premise thereby executing this Agreement, the Participant agrees to waive any right to sue the Activity Provider for property loss or personal injury sustained during or in preparation for the activity described above.
  8. Governing Law
    • This Agreement shall be governed by and construed in accordance with the laws of the Province of Ontario.
    • Agreement to Comply with the Activity Provider’s Rules and Regulations
    • The Participant agrees to abide by the following rules and regulations set forth at all of the Activity Provider’s locations. Violations may result in financial penalties charged to the Participant’s credit card at the Activity Provider’s discretion:
    • Equipment Requirement: Guests must bring their own clubs and indoor shoes. Rentals are not available at Nextbay locations.
    • Entry Policy: For security reasons, please do not hold doors open for others. Only customers and their guests are permitted inside the facility.
    • Prohibited Substances: Smoking, e-cigarettes, alcohol, drugs, tobacco, marijuana, cannabis, vapor products, or similar substances are strictly prohibited. Individuals must not be under the influence while inside any Nextbay Golf facility. Violations incur a minimum CAD $100 fine.
    • Food and Drinks: Only light food is allowed inside. Only non-alcoholic bottled or capped drinks are permitted.
    • Maximum Occupancy: A maximum of 3 people per open bay and 4 people per private bay, including spectators, is strictly enforced. Violators risk cancellation of their booking and fines starting at $50 per excess person per 30 minutes.
    • Safety on the Turf: Only the current golfer should be on the turf. Other guests should stay behind the advised area until it’s their turn.
    • Behavioral Expectations: Maintain a quiet atmosphere without loud noise, profanity, or disturbances. Use only the booked bay, usage of adjacent bays are strictly prohibited.
    • Account Holder Policy: The account holder must be present during the session and cannot share access keys.
    • Computer Usage: Do not alter any programs or settings on the golf simulator computer except for using the provided Software. Language settings must remain in English.
    • Unsupervised Age Requirement: Users must be at least nineteen (19) years old to access and use Nexus Golf sites and services without supervision.

USERS ACKNOWLEDGE HAVING READ AND UNDERSTOOD THE RELEASE AGREEMENT. USERS ARE AWARE THAT BY USING AND REMAINING IN ANY NEXUS GOLF CANADA EQUIPMENT AND FACILITIES, CERTAIN LEGAL RIGHTS ARE WAIVED FOR THEMSELVES, THEIR HEIRS, NEXT OF KIN, EXECUTORS, ADMINISTRATORS, ASSIGNS, AND REPRESENTATIVES AGAINST THE ACTIVITY PROVIDER AND ITS RELATED PARTIES. PRIOR TO ACCESSING THE ACTIVITY PROVIDER’S FACILITIES, USERS HAVE CONDUCTED A DILIGENT REVIEW OF THE RELEASE AND WAIVER OF LIABILITY.

SHOULD ANY PORTION OF THESE TERMS BE DISAGREEABLE TO YOU, WE HEREBY ADVISE REFRAINING FROM ENTERING THE PREMISES.