IMPORTANT! By SIGNING this DOCUMENT, you will waive certain legal rights. Please read THIS DOCUMENT carefully.
 
1.    Binding Agreement. This is a binding legal agreement between you (for the purpose of this liability waiver “you” or “your” means you, your heirs, executors, personal representatives, successors, and assigns ) and Westmount Golf and Country Club Limited (“Westmount”) governing your presence on Westmount property and participation in any activities (including both sporting and social, programs, and services of Westmount (collectively the “Activities”). Reference to Westmount includes its directors, officers, committee members, members, employees, contractors, coaches, volunteers, officials, participants, agents, sponsors, owners/operators of the facility, and representatives.

2.    Consideration. For good and valuable consideration, including your access and presence on the Westmount property you agree with Westmount as follows:

3.    Disclaimer. Westmount is not responsible for any illness, injury, property damage, expense, loss of income, damage or loss of any kind suffered by you as a result of your presence on Westmount property or participation in any Activities caused by your negligence, the negligence of Westmount or the negligence of any other or others, and you hereby waive any claims for any such illness, injury, property damage, expense, loss of income, damage or loss you may have.

4.     Assumption of Risk. You agree:
i. the Activities have foreseeable and unforeseeable inherent risks, hazards and dangers that no amount of care, caution or expertise can eliminate, including without limitation, property damage, the potential for serious illness, serious bodily injury, permanent disability, paralysis and loss of life.
ii. due to the nature of the Activities on the Westmount property, the foregoing risks, hazards and dangers also apply to bystanders who are not participating in any Activities.
iii. if you are participating in any Activities, you are doing so voluntarily.
iv. as a condition of being permitted on Westmount property and/or your participation in any Activities, you are aware of the risks, dangers and hazards associated with or related to being present on Westmount property and/or participating in the Activities, such risks and dangers are unlimited and by signing this liability waiver you voluntarily assume all such risks, dangers and hazards.
v. in respect of any Activities you participate in:
    a) that your health and physical condition is appropriate; and
    b) you will comply with the rules and regulations for participation in the Activities.

5.      Waiver. You hereby waive any and all Claims (as defined below) that you may have, now or in the future, against Westmount which are caused or contributed to in whole or in part by your presence on Westmount property and/or participation in any Activities including without limitation claims with respect to property damage, illness, bodily injury, disability, paralysis and loss of life.

6.      Release. You forever release Westmount from any and all liability for any and all claims, demands, actions, damages (including direct, indirect, special and/or consequential), losses, actions, judgments, and costs (collectively, “Claims”) which you may have or may in the future have, that might arise out of, result from, or relate to your participation in the activities, such Claims arising in any manner whatsoever, including but not limited to the negligence, breach of contract and/or breach of any statutory duty of care of Westmount.

7.      General. You agree this liability waiver is intended to be as broad and inclusive as is permitted by the law and that if any of its provisions are held to be invalid such invalid portion may be severed and the balance shall, notwithstanding, continue in full legal force and effect. This Agreement shall be governed by and construed in accordance with the laws of the Province of Ontario and the laws of Canada applicable therein.

8.      Declaration.  You have read, understand and agree to comply with any supplementary liability waiver or rules and protocols that are attached to this liability waiver. If a conflict arises between this liability waiver and a supplementary liability waiver or rules and protocols attached to this liability waiver, the order of precedence shall be: the supplementary liability waiver (the more recent supplementary liability waivers shall be deemed to supersede earlier supplementary liability waivers), this liability waiver, and any rules and protocols.

9.      Acknowledgement and Indemnity. YOU ACKNOWLEDGE AND AGREE THAT YOU HAVE CAREFULLY READ ALL OF THE ABOVE, FULLY UNDERSTAND ITS MEANING AND EFFECT AND ARE SIGNING THIS LIABILITY WAIVER VOLUNTARILY. YOU ACKNOWLEDGE THAT YOU MAY OBTAIN INDEPENDENT LEGAL ADVICE BEFORE SIGNING. YOU FURTHER ACKNOWLEDGE AND AGREE THAT THE TERMS OF THIS LIABILITY WAIVER APPLY TO YOU AND TO ANY AND ALL OF YOUR CHILDREN, GRANDCHILDREN AND ANY OTHER PERSON(S) FOR WHOM YOU ARE AT LAW RESPONSIBLE, ALL OF WHOM YOU ARE AUTHORIZED TO BIND (“OTHER PARTICIPANTS”), AND ANY REFERENCE TO “YOU” OR “YOUR” IS DEEMED TO INCLUDE A REFERENCE TO THE OTHER PARTICIANTS.
 
YOU AGREE, AS A SEPARATE COVENANT, TO INDEMNIFY AND SAVE HARMLESS WESTMOUNT FOR ANY LOSS, COST OR EXPENSE INCURRED BY WESTMOUNT ARISING OUT OF ANY AND ALL MANNER OF ACTIONS, CAUSES OF ACTION, SUITS, DEMANDS, DEBTS, ACCOUNTS, COVENANTS, CONTRACTS, DAMAGES, LIABILITIES, SUMS OF MONEY, EXPENSES, COSTS, DUTIES AND ALL OTHER CLAIMS WHATSOEVER WHICH MAY BE BROUGHT AGAINST IT BY YOU OR BY, ON BEHALF OF, ANY OTHER PARTICIPANT AS A RESULT OF ATTENDANCE AT WESTMOUNT FACILITIES OR PARTICIPATION IN AN WESTMOUNT ACTIVITY WHEREVER LOCATED.

You acknowledge that due to the COVID-19 pandemic there are additional health risks associated with attending and participating in activities at Westmount, and agree that: (i) You will familiarize yourself and abide at all times with all Westmount rules, policies and procedures put in place in connection therewith; and (ii) your attendance at Westmount is your confirmation that you have not experienced any recent (or worsened if associated with allergies, or chronic or pre-existing conditions) symptoms of COVID-19 as published by the Ontario Ministry of Health.

This Agreement may be executed and delivered by electronic means and such electronically signed and delivered Agreement shall be binding on You.

Today