Waiver and Liability:
RELEASE AND WAIVER OF LIABILITY AND INDEMNITY (“Release Agreement”)
BY ENTERING FACILITY, I am agreeing to this release and waiver of liability and indemnity.
1000203659 ONTARIO INC O/a Moho Golf Inc. and its affiliates, and their respective directors, officers, shareholders, employees, instructors, agents, independent contractors, subcontractors, representatives, sponsors, successors and assigns are collectively referred to as the “RELEASEES”.
In this Release Agreement the term “Golfing” includes but is not limited to the use of all facilities, including, without limitation, parking lot, entrance, building, the simulator bays, walkways, hallways, and offices. (collectively, “Facilities”) and rental and use of all equipment (“Equipment”) and all other activities which take place at the Facilities
ASSUMPTION OF RISKS
I acknowledge that Golfing, my presence at the Facilities and my use of the Facilities and Equipment involve many risks, dangers and hazards including, but not limited to, slips and falls; being hit by stray golf balls or golf clubs; failure to act safely or within one’s own ability or to stay within designated areas; injury, illness or death resulting from physical activity or exertion, including but not limited to as a result of any pre-existing medical condition that might affect my ability to safely participate in physical exertion, or resulting from exposure to, and the spread of, SARS-COV-2 CORONAVIRUS AND COVID-19 disease, or any other disease, bacteria or virus, whether or not the subject of an outbreak, an epidemic or a pandemic; delays in performing maintenance or repairs to the Facilities or Equipment due to the absence of onsite personnel at automated facilities; negligence of other persons; and negligence on the part of the RELEASEES, which includes but is not limited to failure on the part of the RELEASEES to take reasonable steps to safeguard or protect me from the risks, dangers, and hazards mentioned above.
I FREELY ACCEPT AND FULLY ASSUME ALL RISKS, DANGERS & HAZARDS REFERRED TO ABOVE, ON MY OWN BEHALF AND ON BEHALF OF ALL INDIVIDUALS WHOM I PERMIT TO ENTER THE FACILITIES AND TO USE THE FACILITIES AND EQUIPMENT.
RELEASE AND WAIVER OF LIABILITY AND INDEMNITY
In consideration of the RELEASEES permitting my use of the Facilities or Equipment, I hereby agree as follows, ON MY OWN BEHALF AND ON BEHALF OF ALL INDIVIDUALS WHOM I PERMIT TO ENTER THE FACILITIES AND TO USE THE FACILITIES AND EQUIPMENT:
1. TO WAIVE ANY AND ALL CLAIMS that I have or may in the future have against the RELEASEES and TO RELEASE THE RELEASEES from any and all liability for any damage, expense or loss including but not limited to illness, injury or death that I may suffer as a result of my use of or presence at the Facilities or my use of the Equipment DUE TO ANY CAUSE WHATSOEVER, INCLUDING BUT NOT LIMITED TO NEGLIGENCE; OR BREACH OF CONTRACT, DUTY OF CARE, DUTY OF GOOD FAITH OR FIDUCIARY DUTY, INCLUDING BUT NOT LIMITED TO ANY DUTY OWED UNDER THE OCCUPIERS LIABILITY ACT, in respect of the maintenance or repair of the Facilities; the selection, maintenance or repair of the Equipment; the provision or failure to provide any warnings, directions or instructions as to the use of the Facilities or Equipment; or the risks, dangers and hazards referred to above. I UNDERSTAND THAT NEGLIGENCE INCLUDES BUT IS NOT LIMITED TO FAILURE ON THE PART OF THE RELEASEES TO TAKE REASONABLE STEPS TO SAFEGUARD OR PROTECT ME FROM THE RISKS, DANGERS AND HAZARDS REFERRED TO ABOVE;
2. To hold harmless and indemnify the RELEASEES from any and all liability for any damage to or loss of property of or personal injury, illness or death suffered by any individual arising from any willful or negligent act or omission by me, or by individuals whom I permit to enter the Facilities and to use the Facilities and Equipment;
3. Notwithstanding anything to the contrary in this Release Agreement, THE RELEASEES’ TOTAL LIABILITY UNDER THIS RELEASE AGREEMENT SHALL BE LIMITED TO AMOUNTS PAID BY ME FOR USE OF THE FACILITIES AND EQUIPMENT, and the RELEASEES will not under any circumstances be liable for punitive, exemplary, aggravated or consequential damages;
4. This Release Agreement shall be effective and binding upon my heirs, next of kin, executors, administrators, successors, assigns and representatives;
5. This Release Agreement shall be governed by and interpreted solely in accordance with the laws of the Province of Ontario and no other jurisdiction; and
6. Any litigation involving this Release Agreement shall be brought solely within the Province of Ontario and shall be within the exclusive jurisdiction of the Courts of the Province of Ontario.
I HAVE READ AND UNDERSTAND THIS RELEASE AGREEMENT AND I AM AWARE THAT BY ENTERING THIS FACILITY, USING THE EQUIPMENT AND THE FACILITIES, I AM WAIVING CERTAIN LEGAL RIGHTS WHICH I OR MY HEIRS, NEXT OF KIN, EXECUTORS, ADMINISTRATORS, SUCCESSORS, ASSIGNS AND REPRESENTATIVES MAY HAVE AGAINST THE RELEASEES.
Your privacy is important to us. It is 1000203659 ONTARIO INC O/a Moho Golf Inc’s policy to respect your privacy and comply with any applicable law and regulation regarding any personal information we may collect about you, including across our website, https://www.mohogolf.ca, and other sites we own and operate.
Personal information is any information about you which can be used to identify you. This includes information about you as a person (such as name, address, and date of birth), your devices, payment details, and even information about how you use a website or online service.
This policy is effective as of 15 April 2023.
Last updated: 15 April 2023
Information We Collect
Information we collect includes both information you knowingly and actively provide us when using or participating in any of our services and promotions, and any information automatically sent by your devices in the course of accessing our products and services.
When you visit our website, our servers may automatically log the standard data provided by your web browser. It may include your device’s Internet Protocol (IP) address, your browser type and version, the pages you visit, the time and date of your visit, the time spent on each page, and other details about your visit.
Additionally, if you encounter certain errors while using the site, we may automatically collect data about the error and the circumstances surrounding its occurrence. This data may include technical details about your device, what you were trying to do when the error happened, and other technical information relating to the problem. You may or may not receive notice of such errors, even in the moment they occur, that they have occurred, or what the nature of the error is.
Please be aware that while this information may not be personally identifying by itself, it may be possible to combine it with other data to personally identify individual persons.
When you visit our website or interact with our services, we may automatically collect data about your device, such as:
Data we collect can depend on the individual settings of your device and software. We recommend checking the policies of your device manufacturer or software provider to learn what information they make available to us.
We may ask for personal information which may include one or more of the following:
We consider “user-generated content” to be materials voluntarily supplied to us by our users for the purpose of publication on our website and/or social media channels. All user-generated content is associated with the account or email address used to submit the materials.
Legitimate Reasons for Processing Your Personal Information
We only collect and use your personal information when we have a legitimate reason for doing so. In which instance, we only collect personal information that is reasonably necessary to provide our services to you.
Collection and Use of Information
We may collect personal information from you when you do any of the following on our website:
Register for an account
Enter any of our competitions, contests, sweepstakes, and surveys
Sign up to receive updates from us via email or social media channels
Post a comment or review or otherwise participate in our online community
Use a mobile device or web browser to access our content
Contact us via email, social media, or on any similar technologies
When you mention us on social media
We may collect, hold, use, and disclose information for the following purposes, and personal information will not be further processed in a manner that is incompatible with these purposes:
to provide you with our platform’s core features and services
to enable you to customize or personalize your experience of our website
to contact and communicate with you
for analytics, market research, and business development, including to operate and improve our website, associated applications, and associated social media platforms
for advertising and marketing, including to send you promotional information about our products and services and information about third parties that we consider may be of interest to you
to enable you to access and use our website, associated applications, and associated social media platforms
for internal record keeping and administrative purposes
to run competitions, sweepstakes, and/or offer additional benefits to you
Please be aware that we may combine information we collect about you with general information or research data we receive from other trusted sources.
Security of Your Personal Information
When we collect and process personal information, and while we retain this information, we will protect it within commercially acceptable means to prevent loss and theft, as well as unauthorized access, disclosure, copying, use, or modification.
Although we will do our best to protect the personal information you provide to us, we advise that no method of electronic transmission or storage is 100% secure, and no one can guarantee absolute data security. We will comply with laws applicable to us in respect of any data breach.
You are responsible for selecting any password and its overall security strength, ensuring the security of your own information within the bounds of our services.
How Long We Keep Your Personal Information
However, if necessary, we may retain your personal information for our compliance with a legal, accounting, or reporting obligation or for archiving purposes in the public interest, scientific, or historical research purposes or statistical purposes.
We do not aim any of our products or services directly at children under the age of 13, and we do not knowingly collect personal information about children under 13.
Disclosure of Personal Information to Third Parties
We may disclose personal information to:
a parent, subsidiary, or affiliate of our company
third party service providers for the purpose of enabling them to provide their services, for example, IT service providers, data storage, hosting and server providers, advertisers, or analytics platforms
our employees, contractors, and/or related entities
our existing or potential agents or business partners
sponsors or promoters of any competition, sweepstakes, or promotion we run
courts, tribunals, regulatory authorities, and law enforcement officers, as required by law, in connection with any actual or prospective legal proceedings, or in order to establish, exercise, or defend our legal rights
third parties, including agents or sub-contractors, who assist us in providing information, products, services, or direct marketing to you
third parties to collect and process data
International Transfers of Personal Information
The personal information we collect is stored and/or processed in Canada, or where we or our partners, affiliates, and third-party providers maintain facilities.
Your Rights and Controlling Your Personal Information
If you have previously agreed to us using your personal information for direct marketing purposes, you may change your mind at any time. We will provide you with the ability to unsubscribe from our email-database or opt out of communications. Please be aware we may need to request specific information from you to help us confirm your identity.
If you believe that we have breached a relevant data protection law and wish to make a complaint, please contact us using the details below and provide us with full details of the alleged breach. We will promptly investigate your complaint and respond to you, in writing, setting out the outcome of our investigation and the steps we will take to deal with your complaint. You also have the right to contact a regulatory body or data protection authority in relation to your complaint.
We use “cookies” to collect information about you and your activity across our site. A cookie is a small piece of data that our website stores on your computer, and accesses each time you visit, so we can understand how you use our site. This helps us serve you content based on preferences you have specified.
What is a cookie?
A cookie is a small piece of data that a website stores on your device when you visit. It typically contains information about the website itself, a unique identifier that allows the site to recognize your web browser when you return, additional data that serves the cookie’s purpose, and the lifespan of the cookie itself.
Cookies are used to enable certain features (e.g. logging in), track site usage (e.g. analytics), store your user settings (e.g. time zone, notification preferences), and to personalize your content (e.g. advertising, language).
Cookies set by the website you are visiting are usually referred to as first-party cookies. They typically only track your activity on that particular site.
Cookies set by other sites and companies (i.e. third parties) are called third-party cookies They can be used to track you on other websites that use the same third-party service.
Types of cookies and how we use them
Essential cookies are crucial to your experience of a website, enabling core features like user logins, account management, shopping carts, and payment processing.
We use essential cookies to enable certain functions on our website.
Performance cookies track how you use a website during your visit. Typically, this information is anonymous and aggregated, with information tracked across all site users. They help companies understand visitor usage patterns, identify and diagnose problems or errors their users may encounter, and make better strategic decisions in improving their audience’s overall website experience. These cookies may be set by the website you’re visiting (first-party) or by third-party services. They do not collect personal information about you.
We use performance cookies on our site.
Functionality cookies are used to collect information about your device and any settings you may configure on the website you’re visiting (like language and time zone settings). With this information, websites can provide you with customized, enhanced, or optimized content and services. These cookies may be set by the website you’re visiting (first-party) or by third-party services.
We use functionality cookies for selected features on our site.
Targeting/advertising cookies help determine what promotional content is most relevant and appropriate to you and your interests. Websites may use them to deliver targeted advertising or limit the number of times you see an advertisement. This helps companies improve the effectiveness of their campaigns and the quality of content presented to you. These cookies may be set by the website you’re visiting (first-party) or by third-party services. Targeting/advertising cookies set by third-parties may be used to track you on other websites that use the same third-party service.
We use targeting/advertising cookies on our site.
Limits of Our Policy
Our website may link to external sites that are not operated by us. Please be aware that we have no control over the content and policies of those sites, and cannot accept responsibility or liability for their respective privacy practices.
Changes to This Policy
If the changes are significant, or if required by applicable law, we will contact you (based on your selected preferences for communications from us) and all our registered users with the new details and links to the updated or changed policy.
If required by law, we will get your permission or give you the opportunity to opt in to or opt out of, as applicable, any new uses of your personal information.