TERMS OF USE, ASSUMPTION OF RISKS, RELEASE OF LIABILITY AND WAIVER OF CLAIMS

2.1 All bookings are subject to availability and confirmation by the Owner. The Owner reserves the right to refuse or cancel bookings where reasonably necessary for safety, security, maintenance, suspected fraud, breach of this Agreement or other legitimate operational reasons, subject to applicable law.

2.2 All fees, applicable taxes and other charges shall be paid at the time of booking unless otherwise specified. You authorize the Owner and its payment processors to charge your designated payment method for all amounts properly payable under this Agreement.

2.3 Bookings may be cancelled or rescheduled in accordance with the cancellation and refund policy disclosed to you at the time of booking and available at trueprecision.ca. Except as otherwise required by applicable law or expressly provided in such policy, late cancellations and no-shows are non-refundable.

2.4 Your booking entitles you to use the designated simulator bay for the reserved period only. You must vacate the bay promptly at the end of your reservation. The Owner may charge reasonable additional fees for unauthorized use beyond the reserved period.

2.5If the Facility or equipment becomes unavailable due to maintenance, malfunction, power failure or another event beyond the Owner's reasonable control, the Owner may cancel or reschedule the affected booking and will provide any refund or credit required by applicable law or the applicable booking policy.

3.2 You acknowledge that:

• (a)
  you are responsible for operating the golf simulation equipment safely and in accordance with all posted and electronic instructions;
• (b)
  the Owner does not provide continuous supervision or on-site assistance;
• (c)
  assistance from the Owner in the event of an injury, medical emergency, equipment malfunction or other incident may not be available; and
• (d)
  you are responsible for determining whether you are physically capable of safely participating in golf simulation activities.

3.3 Access to the Facility may be provided through a unique access code, electronic credential, mobile application or other security system. Access credentials are personal to the authorized customer and may not be sold, transferred, published or disclosed to unauthorized persons.

3.4 Access to the Facility may be provided through a unique access code, electronic credential, mobile application or other security system. Access credentials are personal to the authorized customer and may not be sold, transferred, published or disclosed to unauthorized persons.

3.5 You must not permit any person to enter the Facility using your access credentials unless that person is an authorized participant in your booking and has independently accepted this Agreement.

3.6 You must not prop open doors, interfere with locks or security systems, or otherwise compromise the security of the Facility.

3.7 You are responsible for ensuring that doors are properly secured upon entering and leaving the Facility, except where doing so would interfere with emergency access or egress.

3.8 Subject to applicable law, the Owner may remotely monitor (including without limitation by way of video surveillance as described in Section 11) all parts of the Facility, including without limitation golf simulation bays, and may suspend or deactivate access credentials where the Owner determines, in its sole discretion, that such suspension or deactivation is reasonably necessary to protect persons, property or the security of the Facility.

4.1 You shall use the Facility and equipment responsibly, safely and only for their intended purposes.

4.2 Without limiting the foregoing, you shall:

• (a)
  ensure that no person is standing within the swing area or in a location where they may be struck by a golf club or ball before making a swing;
• (b)
  use golf clubs only within the designated hitting area and maintain adequate clearance from other persons, walls, ceilings and equipment;
• (c)
  hit golf balls only from designated hitting mats toward the intended simulator screen or impact surface;
• (d)
  use only golf balls and equipment approved or permitted by the Owner;
• (e)
  not strike balls toward another person, a wall, window, door or any area other than the designated impact screen;
• (f)
  not enter or stand behind impact screens, protective netting or restricted equipment areas;
• (g)
  not tamper with, move, disconnect, modify or attempt to repair any simulator, sensor, camera, projector, screen, computer or other equipment;
• (h)
  wear appropriate footwear and refrain from using the Facility in a manner that creates a slipping, tripping or other safety hazard;
• (i)
  immediately discontinue use of any equipment that appears damaged, defective or unsafe;
• (j)
  promptly report unsafe conditions, accidents, injuries and equipment malfunctions to the Owner using the contact information provided at the Facility; and
• (k)
  comply with all posted safety notices, emergency instructions and reasonable directions issued by the Owner.

4.3 The following conduct is prohibited:

• (a)
  horseplay, reckless swinging, fighting, harassment, threatening behaviour or other conduct that endangers persons or property;
• (b)
  participation while impaired by alcohol, cannabis, illegal drugs or any other substance that materially impairs judgment or coordination;
• (c)
  smoking or vaping anywhere inside the Facility;
• (d)
  possession or use of illegal drugs, weapons or other dangerous items;
• (e)
  bringing animals into the Facility, other than service animals permitted by law;
• (f)
  exceeding the maximum permitted occupancy of the Facility or any simulator bay;
• (g)
  commercial instruction, coaching, events, filming or other commercial activities without the Owner's prior written consent; and
• (h)
  any unlawful activity or activity that unreasonably interferes with the use or enjoyment of the Facility by others.

4.4 You shall not consume alcohol at the Facility unless expressly permitted by the Owner and in compliance with all applicable laws and licensing requirements.

4.5 The Owner may require any person who violates this Agreement or presents a safety or security risk to immediately cease using the Services and leave the Facility.

5.1 The customer making a booking (the “Booking Customer”) shall ensure that all persons attending under the booking comply with the Facility's rules and occupancy limits.

5.2Each adult participant must independently review and accept this Agreement before entering or using the Facility. A Booking Customer's acceptance of this Agreement does not, by itself, constitute acceptance by any other adult participant.

5.3A parent or legal guardian accompanying a minor must supervise the minor at all times and take reasonable steps to ensure the minor's compliance with all applicable safety rules. The Owner may require a parent or legal guardian to execute a separate parental acknowledgment and consent before permitting a minor to participate.

5.4The Booking Customer shall be responsible for damage to the Facility or equipment caused by the Booking Customer or by persons admitted using the Booking Customer's access credentials, to the extent caused by their negligent, reckless, intentional or otherwise wrongful acts or omissions.

6.2 Such risks include, without limitation:

• (a)
  being struck by golf clubs, golf balls or other equipment;
• (b)
  golf balls rebounding or ricocheting from simulator screens, walls, ceilings, floors, structural elements or other objects;
• (c)
  injury caused by another participant's swing, actions, omissions or misuse of equipment;
• (d)
  slips, trips, falls and collisions with equipment, furniture or other persons;
• (e)
  muscle strains, sprains, joint injuries, back injuries and other injuries associated with swinging golf clubs or physical exertion;
• (f)
  malfunction, breakage, displacement or failure of golf simulation equipment, screens, netting, sensors, mats, clubs or other components;
• (g)
  unsafe conditions, equipment defects, inadequate maintenance or other hazards that may not be immediately apparent;
• (h)
  the absence of on-site staff, supervision, first aid or immediate emergency assistance;
• (i)
  delays in identifying or responding to accidents, injuries, medical emergencies, security incidents or other hazardous conditions; and
• (j)
  negligent acts or omissions of the Owner, other participants or third parties.

6.3 You acknowledge that the foregoing risks are not exhaustive and that other foreseeable or unforeseeable risks may arise.

6.5 You acknowledge that you are responsible for assessing your own physical condition, ability and fitness to participate, and that you will discontinue participation if you experience pain, dizziness, discomfort or any other condition that may make continued participation unsafe.

7.1 In consideration of the Owner permitting you to enter and use the Facility and Services, and to the fullest extent permitted by applicable law, YOU HEREBY WAIVE ANY AND ALL CLAIMS THAT YOU HAVE OR MAY IN THE FUTURE HAVE AGAINST THE RELEASED PARTIES, AND RELEASE AND FOREVER DISCHARGE THE RELEASED PARTIES FROM ANY AND ALL LIABILITY FOR PERSONAL INJURY, BODILY INJURY, ILLNESS, DEATH, PROPERTY LOSS OR PROPERTY DAMAGE ARISING OUT OF OR RELATING TO YOUR ENTRY INTO, PRESENCE AT OR USE OF THE FACILITY OR SERVICES.

7.2 THIS RELEASE EXPRESSLY INCLUDES CLAIMS ARISING FROM OR IN CONNECTION WITH:

• (a)
  THE NEGLIGENCE OF ANY RELEASED PARTY;
• (b)
  ANY BREACH OF A DUTY OF CARE BY A RELEASED PARTY, INCLUDING ANY DUTY ARISING UNDER THE OCCUPIERS' LIABILITY ACT (ONTARIO);
• (c)
  THE FAILURE OF A RELEASED PARTY TO WARN OF, IDENTIFY, PREVENT, REMOVE OR PROTECT AGAINST ANY RISK, DANGER OR HAZARD;
• (d)
  THE CONDITION, MAINTENANCE, INSPECTION, REPAIR, OPERATION OR FAILURE OF THE FACILITY OR ANY EQUIPMENT;
• (e)
  THE ABSENCE OF ON-SITE STAFF, SUPERVISION, FIRST AID OR IMMEDIATE EMERGENCY ASSISTANCE; AND
• (f)
  THE ACTS OR OMISSIONS OF OTHER USERS OR THIRD PARTIES.

7.3 This release applies whether the loss, injury, death or damage is caused wholly or partly by the negligence of a Released Party, subject to any limitation imposed by applicable law.

7.4 To the fullest extent permitted by law, you agree not to commence or maintain any claim or proceeding against a Released Party in respect of a matter validly released under this Section 7.

7.5 This release is intended to be binding upon you and, to the extent permitted by law, your heirs, executors, administrators, estate, personal representatives and assigns.

7.6 Nothing in this Agreement excludes or limits liability for fraud, wilful misconduct or any other liability that cannot lawfully be excluded or limited, or waives any right or remedy that cannot lawfully be waived under applicable consumer protection or other legislation.

8.1 To the fullest extent permitted by applicable law, you shall indemnify and hold harmless the Released Parties from and against all losses, damages, liabilities, claims, demands, costs and expenses (including reasonable legal fees) arising from or in connection with:

• (a)
  your negligent, reckless, wilful or unlawful acts or omissions;
• (b)
  your breach of this Agreement or the Facility's safety rules;
• (c)
  damage to the Facility or equipment caused by your misuse or wrongful conduct; or
• (d)
  injury to another person or damage to another person's property caused by your negligent, reckless or intentional acts or omissions.

8.2 Your indemnification obligations shall apply only to the extent that the relevant losses, damages or liabilities are attributable to the matters described in Section 8.1, and shall not extend to losses attributable to the negligence or wrongful conduct of a Released Party.

8.3 The obligations under this Section 8 shall survive the expiry or termination of this Agreement.

9.1 You shall exercise reasonable care when using the Facility and all equipment.

9.2 You shall be responsible for the reasonable cost of repairing or replacing property or equipment damaged as a result of your negligent, reckless, intentional or unauthorized use, excluding ordinary wear and tear.

9.3 The Owner may seek reimbursement for such costs upon providing reasonable particulars of the damage and the amounts claimed.

9.4 The Owner shall not be responsible for personal belongings that are lost, stolen or damaged while at the Facility, except to the extent such loss or damage results from liability that cannot lawfully be excluded.

10.1 In the event of a medical emergency, fire, security incident or other immediate danger, you must immediately contact emergency services by calling 911 and follow all applicable emergency procedures.

10.2 You acknowledge that the Facility will not have personnel available to provide first aid, medical assistance, evacuation assistance or other immediate support.

10.3 You shall promptly notify the Owner of any accident, injury, property damage, equipment malfunction or other significant incident occurring at the Facility.

10.4 You shall not attempt to repair defective equipment or continue using equipment that you reasonably believe may be unsafe.

10.5 The Owner may temporarily close the Facility or restrict access where reasonably necessary for safety, maintenance, security or emergency purposes.

11.1 You acknowledge that the Facility may utilize video surveillance, electronic access logs and other security systems for purposes including security, protection of persons and property, incident investigation, enforcement of Facility rules and prevention of unauthorized access.

11.2 Personal information collected by the Owner shall be handled in accordance with applicable privacy laws and the Owner's Privacy Policy, available at trueprecision.ca/privacy.

11.3 Video surveillance may be conducted in all areas of the Facility, including without limitation golf simulation bays; provided, however, that video surveillance equipment will not be installed in washrooms or other areas where individuals have a heightened expectation of privacy.

11.4 The Owner may disclose surveillance recordings or other information to law enforcement, emergency responders, insurers or other persons where authorized or required by applicable law.

11.5 The Owner shall establish appropriate retention periods, access controls and safeguards for surveillance recordings and other personal information.

12.1 The Owner may immediately suspend or terminate your access to the Facility and Services if you:

• (a)
  breach this Agreement or any applicable safety rule;
• (b)
  engage in conduct that threatens the safety or security of persons or property;
• (c)
  permit unauthorized persons to access the Facility;
• (d)
  intentionally damage or misuse equipment; or
• (e)
  engage in fraudulent, unlawful, threatening or abusive conduct.

12.2 Suspension or termination shall not affect accrued payment obligations or any provision intended to survive termination, subject to applicable law.

14.1 In the event of any dispute, controversy or claim arising out of or relating to this Agreement, the Facility or the Services (a “Dispute”), the parties shall first attempt in good faith to resolve the Dispute through direct negotiations. A party initiating a Dispute shall provide written notice describing the nature of the Dispute and the relief sought.

14.2 Subject to Sections 14.5 and 14.6, if the Dispute is not resolved within thirty (30) days after delivery of such notice, the Dispute shall be referred to and finally resolved by binding arbitration pursuant to the Arbitration Act, 1991 (Ontario).

14.3 The arbitration shall be conducted before one arbitrator, in Toronto, Ontario, in the English language, unless the parties agree otherwise. The parties shall attempt to agree upon the appointment of the arbitrator, failing which the arbitrator shall be appointed in accordance with the Arbitration Act, 1991 (Ontario). The arbitrator may conduct proceedings by videoconference or other electronic means where appropriate.

14.4 The arbitrator shall have authority to determine all matters properly submitted to arbitration, including questions concerning the interpretation, performance, breach and enforceability of this Agreement, subject to applicable law. The arbitrator may award any remedy available under applicable law and may allocate arbitration costs in accordance with applicable law.

14.5 Notwithstanding any other provision of this Agreement, nothing in this Section 14 shall prevent a consumer from exercising any right to commence or participate in a court proceeding, including a class proceeding, or from pursuing any other remedy, where such right or remedy cannot lawfully be waived or restricted by a pre-dispute arbitration agreement under applicable consumer protection legislation.

14.6 To the extent that a pre-dispute agreement to arbitrate a particular Dispute is prohibited or unenforceable under applicable law, the arbitration provisions of this Section 14 shall not apply to that Dispute unless the parties voluntarily agree to arbitration after the Dispute has arisen.

14.7 Subject to Sections 14.5 and 14.6, the parties agree that arbitration shall be the exclusive means of resolving Disputes, except that either party may apply to a court of competent jurisdiction for interim or conservatory relief or for the enforcement of an arbitral award.

14.8 Where a Dispute is not subject to binding arbitration, the parties submit to the jurisdiction of the courts of Ontario, subject to any mandatory statutory rights concerning jurisdiction or venue.

16.1 Entire Agreement. This Agreement, together with any applicable booking terms and policies expressly incorporated herein, constitutes the entire agreement between you and the Owner concerning your use of the Facility and Services, except as otherwise required by law.

16.2 Severability. If any provision of this Agreement is determined to be invalid, illegal or unenforceable, such provision shall be severed or restricted to the minimum extent necessary, where legally permissible, and the remaining provisions shall continue in full force and effect.

16.3 No Waiver. The failure of the Owner to enforce any provision of this Agreement shall not constitute a waiver of its right to enforce that provision or any other provision.

16.4 Assignment.You may not assign or transfer your rights or obligations under this Agreement without the Owner's prior written consent. The Owner may assign this Agreement in connection with a sale or transfer of its business.

16.5 Third-Party Beneficiaries. Each Released Party that is not a direct party to this Agreement is an intended third-party beneficiary of Sections 6, 7, 8, 9 and 13 and may rely upon and enforce such provisions to the fullest extent permitted by law.

16.6 Electronic Acceptance. You consent to the electronic formation and execution of this Agreement. Your affirmative electronic acceptance shall have the same effect as your handwritten signature, to the extent permitted by applicable law.

16.7 Survival. Sections 6, 7, 8, 9, 11, 13, 14, 15 and 16, and any other provisions which by their nature are intended to survive, shall survive the completion of your booking and the expiry or termination of this Agreement.