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READ CAREFULLY BEFORE BOOKING, ENTERING, OR USING ANY SHOTGUN GOLF FACILITY.
WARNING: THIS IS A LEGAL DOCUMENT THAT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO SUE OR RECOVER DAMAGES FOR INJURY, DEATH, OR LOSS. BY ACCEPTING THESE TERMS ELECTRONICALLY AND/OR BY ENTERING OR USING ANY SHOTGUN GOLF FACILITY, YOU AGREE TO BE BOUND BY THIS WAIVER AND RELEASE ON BEHALF OF YOURSELF AND EVERY PERSON IN YOUR PARTY, INCLUDING ANY MINORS.
In this Waiver: “Shotgun Golf” means Shotgun Golf Franchising Corp., the party offering this Waiver. “Operator” means the entity that owns and operates the specific Shotgun Golf location you book, enter, or use, which may be Shotgun Golf Franchising Corp. or an independent franchisee operating under licence. “Facilities” means any premises, bay, equipment, simulator, technology, fixture, furniture, and common area operated under the Shotgun Golf brand in any province or territory of Canada, including all unstaffed and automated-access locations. “Released Parties” means, collectively: Shotgun Golf Franchising Corp.; the Operator; every franchisee, licensee, and affiliate operating under the Shotgun Golf brand; the owner and licensor of the Shotgun Golf trademarks and system; and each of their respective parent, subsidiary, and affiliated companies, and their respective owners, directors, officers, shareholders, employees, agents, and independent contractors. “You” and “I” mean the person accepting this Waiver and, where that person books or brings others, every member of their party including any minors and guests.
Shotgun Golf Franchising Corp. enters into this Waiver on its own behalf and as agent and trustee for each of the other Released Parties, including every franchisee and affiliate operating under the Shotgun Golf brand. Each Released Party is entitled to the full benefit of, and may directly rely on and enforce, every release, waiver, assumption of risk, indemnity, and limitation in this Waiver as if it were a party to it, notwithstanding that it has not signed it.
Shotgun Golf operates indoor golf simulator Facilities where participants use golf equipment, including clubs and golf balls, in an enclosed bay environment. The activity involves swinging golf clubs, hitting golf balls, and using simulator technology. Participants may also interact with shared equipment, furniture, and common areas.
You acknowledge that the Facilities are unstaffed and operate on a self-service, automated-access basis. No employee, attendant, or supervisor is present on-site to instruct, monitor, assist, or respond to participants. You accept full responsibility for your own safety and conduct, and for the safety, conduct, and supervision of every person in your party including any minors, at all times while in the Facilities.
I understand and acknowledge that participating in indoor golf simulator activities involves inherent and other risks, dangers, and hazards, including but not limited to:
Being struck by golf clubs or golf balls swung or hit by myself, members of my party, or other participants;
Muscle strains, sprains, and injuries from swinging golf clubs;
Slipping, tripping, or falling on facility surfaces;
Eye injuries from golf ball impact;
Equipment, technology, or simulator malfunction or failure;
Injuries caused by the actions of other participants, guests, or members of my party;
Aggravation of pre-existing physical conditions or injuries;
Risks arising from the absence of on-site staff or supervision;
Any other risk associated with golf and indoor sporting activities.
I acknowledge that these risks exist even when the Released Parties take reasonable precautions, and that no safety measure can eliminate all risk. I VOLUNTARILY ASSUME ALL SUCH RISKS, whether or not described above, and whether arising from the condition of the Facilities, the conduct of any person, the absence of on-site supervision, or the negligence of the Released Parties.
In consideration of being permitted to book, enter, and use the Facilities, I, on behalf of myself, my party, and my and their heirs, executors, administrators, and assigns, hereby RELEASE, WAIVE, DISCHARGE, AND COVENANT NOT TO SUE the Released Parties from any and all liability, claims, demands, actions, and causes of action of any kind arising out of or related to any loss, damage, or injury, including death and economic loss, that may be sustained by me or any member of my party while booking, entering, present at, or using the Facilities, whether caused by the negligence of the Released Parties, the condition of the Facilities, the absence of on-site staff or supervision, or otherwise, to the fullest extent permitted by law. This release includes but is not limited to claims for personal injury or bodily harm, property damage or loss, economic loss, and any other loss of any kind.
To the fullest extent permitted by applicable law, including the Occupiers’ Liability Act of the province in which the Facility is located (and any equivalent occupiers’ liability legislation in any other province or territory), I agree that the Released Parties, as occupiers, restrict, modify, and exclude their duty of care owed to me and my party in respect of risks willingly assumed and the condition of and activities on the Facilities. I acknowledge that this restriction, modification, and exclusion of the occupiers’ duty of care has been brought to my attention before I enter the Facilities — through the electronic acceptance process described in Section 12, through this Waiver being made available to me before booking and entry, and through notice posted at the entrance to each Facility.
I agree to INDEMNIFY AND HOLD HARMLESS the Released Parties from any loss, liability, damage, cost, or expense, including reasonable legal fees, that they may suffer or incur as a result of any claim brought against them arising from my participation, or the participation of any member of my party or any guest I bring to the Facilities, including claims arising from my own negligence or the negligence of those I bring to the Facilities.
I agree to comply with all Shotgun Golf rules and safety guidelines as posted at the Facilities and communicated electronically. I understand that failure to comply may result in immediate removal from the Facilities and suspension or termination of access without refund. I agree to:
Wear appropriate footwear at all times within the Facilities;
Swing golf clubs only within designated bay areas;
Ensure the bay area is clear of all other persons before swinging;
Not consume excessive alcohol before or during use of the Facilities;
Report any injury, incident, or unsafe condition to the Operator promptly using the contact methods provided;
Supervise any minor in my party at all times and remain responsible for their safety and conduct.
The account holder accepting this Waiver must be 18 years of age or older (19 or older where that is the age of majority in the province in which the Facility is located). No person under the age of majority may book, access, or use the Facilities except under the continuous supervision of a consenting adult who is present with them. If I bring or supervise any person under the age of majority, I represent that I am the parent or legal guardian of that minor, or I have the authority of the parent or legal guardian to accept these terms on the minor’s behalf and to supervise the minor, and I accept this Waiver on my own behalf and on behalf of that minor. I agree to the release and indemnity in Sections 5 and 7 in respect of that minor to the fullest extent permitted by law, and I accept full responsibility for the minor’s supervision and conduct in the Facilities.
I represent that I am in good physical condition and have no medical condition that would prevent me from safely participating in golf simulator activities, and that the same is true of every member of my party. If I or any member of my party has a pre-existing condition, I confirm that a physician has been consulted prior to participating. I understand that the Released Parties are not responsible for any aggravation of a pre-existing condition.
I consent to Shotgun Golf photographing or recording activity within the Facilities for marketing and promotional purposes, and I grant Shotgun Golf a non-exclusive, royalty-free licence to use any such recordings for those purposes. If I do not consent, I may opt out at any time through my account settings or by emailing the address in Section 15, and Shotgun Golf will make reasonable efforts not to use identifiable media of me going forward.
Because the Facilities are unstaffed and accessed by automated means, your agreement to this Waiver is recorded electronically. You accept this Waiver, and confirm the acknowledgments in Section 13, when you check the acceptance box or click to agree:
at the time of account creation; and/or
at the time of booking or payment for a session; and/or
before access credentials (such as a door code or entry code) are issued to you.
Your acceptance is recorded with a timestamp, your account identifier, the version of this Waiver, and related access information. Access credentials are issued only after this Waiver has been accepted. Notice of this Waiver is also posted at the entrance to each Facility, and entering or using the Facilities reaffirms your agreement to it.
By accepting these terms electronically and/or by entering or using the Facilities, I confirm that:
This Waiver is governed by the laws of the province in which the relevant Facility is located and the laws of Canada applicable therein, and the parties submit to the exclusive jurisdiction of the courts of that province. Nothing in this Waiver operates to exclude or limit liability, or any right or remedy, to the extent that such exclusion or limitation is prohibited by the applicable law of the province in which the Facility is located — including any limitation on the exclusion of liability for bodily injury. In any such case, this Waiver applies to the fullest extent that law permits, and the remainder continues in full force. If any provision of this Waiver is found by a court to be unenforceable, that provision shall be severed, and the remaining provisions shall continue in full force and effect. Each provision, and each release, waiver, and assumption of risk in this Waiver, is intended to be severable and independent of the others, and to apply to the fullest extent permitted by law, even if a broader application is found unenforceable. This Waiver constitutes the entire agreement between the parties with respect to its subject matter and supersedes all prior agreements and understandings relating to that subject matter.
Shotgun Golf Franchising Corp. — [[email protected]] — www.shotgungolf.ca Version: June 30, 2026 — supersedes all prior versions.
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