Waiver
CORPORATION OF THE TOWN OF MIDLAND
ASSUMPTION OF RISK – RELEASE AND WAIVER OF LIABILITY AND INDEMNITY
READ CAREFULLY – THIS DOCUMENT AFFECTS YOUR LEGAL RIGHTS INCLUDING THE RIGHT TO SUE.
In consideration of being allowed to participate in the Town of Midland, Mayor’s Golf Tournament and all related events and activities, I acknowledge, appreciate, and agree that:
1. Participation as a participant and/or spectator includes known risks involved with the participation in a golf event, including but not limited to the use of the cart, golf equipment, being struck by an errant ball or golf club, suffering from heat exhaustion, incurring severe health problems, being injured by unknown or uneven terrain, exposure to noxious plants and wild animals, the use of the facilities and participation in the event.
2. I assume the risk of harm, injury or death to myself which may arise out of my participation in any manner at the golf facility, including my own negligence or negligence of the Town of Midland or Brooklea Golf & Country Club.
3. I agree to release and discharge the Town of Midland and the Brooklea Golf & Country Club, their elected officials, employees and volunteers from liability for any and all claims and causes of action, of whatever kind of nature, which I may have as a result of any harm or injury to myself arising from the participation in the tournament and all related events and activities
4. I agree to waive my rights, indemnify and save and hold harmless the Town of Midland and the Brooklea Golf & Country Club, their elected officials, employees and volunteers, for any property damage, , personal injury, including injury resulting in death and any financial loss or damage directly or indirectly resulting from the event activities, costs or attorney’s fees sustained or that might be sustained by myself which are related to, resulting from, or connected in any manner with the aforesaid Mayor’s Golf Tournament
5. The participant agrees to assume all risk of loss or damage to motorized golf carts rented or borrowed from Brooklea Golf & Country Club as well as the risk of injury to the Participant or other persons and damage to other property arising from the use of the golf cart. The Participant will take all precautions to avoid loss or damage to the golf carts, damage to other property and injury to persons including to the Participant arising out of the use of golf carts. In the event of any loss, damage or injury, the Participant agrees to hold the Town of Midland and Brooklea Golf & Country Club harmless from and against any and all claims, actions, costs, expenses and demands in respect of such loss, damage or injury, howsoever caused
6. The Town of Midland/Mayor’s Golf Tournament is not responsible for the loss or theft of or damage to personal property while participating in the event. This includes but is not limited to golf clubs, golf bags, golf accessories, money or other property. The participant will take all precautions to avoid loss or theft of, or damage to, personal property. In the event of such loss, or damage, the participant agrees to hold the Town of Midland/Mayor’s Golf Tournament harmless from and against any and all claims, actions, costs, expenses and demands in respect to such theft, loss or damage, however caused, arising out of or in connection with the event.
7. I hereby grant the Town of Midland and Brooklea Golf & Country Club permission to use photographs or video images taken during the course of the event of the tournament, and use my name, image and information for advertising, marketing and promotion of Town sponsored events.
8. The provisions of this Assumption of Risk and Waiver shall be deemed severable and if any provision or portion thereof is held invalid, illegal or unenforceable for any reason, the remainder shall not thereby be invalidated, but shall remain in full force and effect.
9. Governing Law: This agreement shall be governed by and construed in accordance with the laws of Ontario, Canada.
10. Medical Fitness: I certify that I am physically fit to participate in the event and assume responsibility for any medical conditions.
11. Communicable Diseases: I acknowledge the risk of exposure to communicable diseases, including COVID-19, and assume all related risks.
12. Parent/Guardian Consent: If the participant is under 18 years of age, a parent or guardian must sign below to provide consent.
