Terms of Service,
Assumption of Risk,
& Waiver of Liability
1. Definitions
"Company" refers to Cravin Sim Golf Inc., its owners, officers, employees, agents, and affiliates.
"Facility" refers to the premises located at 55 Glen Cameron Rd, Unit 6, Thornhill, ON L3T 1P2, including all golf simulators, equipment, and common areas.
"Primary Booker" refers to the individual making the reservation and payment.
"Guest" refers to any individual entering the Facility with, or invited by, the Primary Booker.
2. Unmanned Facility Acknowledgement
The Primary Booker and all Guests acknowledge that Cravin Sim Golf Inc. operates as an unmanned facility. There is no staff on-site to supervise, instruct, or assist during the booking.
- Safety: You assume full responsibility for the safe operation of the equipment.
- Security: You agree to keep the entrance door closed and locked at all times. You agree not to allow access to anyone outside of your booked party.
- Monitoring: The Facility is monitored by video surveillance 24/7 for security and liability purposes.
3. Group Booking & Agency (The "Party" Clause)
3.1 Authority to Contract
By booking a session, the Primary Booker represents and warrants that they have the legal authority to act as the agent for all individuals entering the facility under this booking ("Guests"). The Primary Booker agrees that these Terms, including the Waiver of Liability, are binding upon all Guests to the same extent as if they had signed it themselves.
3.2 Responsibility for Guests
The Primary Booker accepts full responsibility for the conduct, safety, and supervision of all Guests, including minors, during the booking. The Primary Booker agrees to ensure all Guests are aware of and adhere to all facility rules and safety guidelines.
3.3 Indemnification
(A) Any injury, death, or property damage suffered by any Guest in the Primary Booker's party; and
(B) Any claim by a Guest that they are not bound by these Terms.
4. Assumption of Risk
Participants understand that indoor golf involves significant risks, including but not limited to:
- Being hit by golf clubs or golf balls (including rebounding balls off screens or walls).
- Slips, trips, and falls on the playing surface.
- Equipment malfunction.
I voluntarily assume all risks, known and unknown, associated with use of the Facility, even if arising from the negligence of the Company.
5. Damage and Cleanliness Policy
- Equipment Damage: The Primary Booker is financially responsible for any damage caused to the Facility, simulators, screens, computers, or furniture during their booking window, whether caused by themselves or their Guests.
- Proper Use: Only clean golf balls and clean indoor shoes are permitted. "White shoes" or clean running shoes must be worn on the turf. No spiked shoes.
- Leaving the Facility: The room must be left in the same condition as it was found. All garbage must be disposed of.
- Authorization: The Primary Booker authorizes the Company to charge the credit card on file for any repairs, replacement costs, or special cleaning fees resulting from their booking.
6. Release of Liability
In consideration for being allowed to use the Facility, I (for myself and on behalf of my Guests, heirs, and next of kin) hereby RELEASE, WAIVE, AND DISCHARGE Cravin Sim Golf Inc. from any and all liability, claims, demands, or causes of action arising out of or related to any loss, damage, or injury, including death, that may be sustained by me or my Guests, whether caused by the negligence of the Company or otherwise.
7. Governing Law
This Agreement shall be governed by and construed in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable therein. Any legal action arising out of this Agreement must be filed in the courts located in Ontario.