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Stoney Creek
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Liability Waiver

Last Updated: Monday, July 6, 2026 · Version 2026-07-v1

LEVELUP GOLF — RELEASE OF LIABILITY, WAIVER OF CLAIMS, ASSUMPTION OF RISKS, AND INDEMNITY AGREEMENT

Operated by LevelUp Golf Inc. ("LevelUp Golf", "we", "us", "our") at 5-188 Barton St., Stoney Creek, Ontario L8E 4W3.

WARNING: PLEASE READ CAREFULLY. THIS IS A LEGALLY BINDING AGREEMENT THAT AFFECTS YOUR LEGAL RIGHTS. BY ACCEPTING IT YOU GIVE UP YOUR RIGHT TO SUE LEVELUP GOLF AND OTHERS, INCLUDING FOR THEIR OWN NEGLIGENCE, AND YOU ASSUME ALL RISKS OF PARTICIPATION. BY CHECKING THE ACCEPTANCE BOX YOU AGREE TO ALL OF THE TERMS BELOW.

1. DEFINITIONS

  • "Facility" means LevelUp Golf's premises at 5-188 Barton St., Stoney Creek, Ontario, including all indoor golf simulator bays (each a "Zone"), simulator hardware and software, screens, projectors, sensors, safety equipment, hitting mats, turf, furniture, washrooms, common areas, entrances, and adjacent parking areas.
  • "Activities" means entering or being present at the Facility and any use of it, including swinging golf clubs, hitting golf balls, using simulator hardware and software, spectating, and any related social or food/beverage activity on site.
  • "Releasees" means LevelUp Golf Inc. and its owners, shareholders, officers, directors, employees, contractors, volunteers, agents, successors, and assigns, and its landlord and equipment suppliers and their respective personnel.
  • "You" / "your" means the person accepting this agreement. Where you make a booking, it also refers to your responsibilities in respect of any guest, invitee, or other person you bring to, or permit to enter or use, your booked Zone (each a "Guest").
  • "Minor" means a person under 18 years of age.
  • "App" means LevelUp Golf's booking platform, mobile application, and website.

2. ACKNOWLEDGMENT OF SELF-SERVE, UNSTAFFED FACILITY

You understand and accept that the Facility is a self-serve facility that may be unstaffed at any time, including during your entire booking. There may be no employee present to supervise, instruct, assist, or respond to an accident, injury, medical event, or other emergency. You are responsible for familiarizing yourself with the emergency exits and any posted emergency information, first aid supplies, and fire extinguishers, and for calling 911 in an emergency. You accept that emergency response may be delayed because the Facility is unstaffed.

3. ASSUMPTION OF RISKS

You understand that the Activities are inherently dangerous and involve risks of serious injury, permanent disability, death, and property damage. These risks include, without limitation:

  • being struck by a golf club, golf ball (including balls that rebound or ricochet off screens, walls, dividers, or equipment), or other equipment, whether your own, a Guest's, or another person's;
  • slips, trips, and falls on mats, turf, flooring, stairs, or wet or uneven surfaces;
  • strains, sprains, fractures, cuts, bruises, and other injuries from swinging, twisting, exertion, or overuse;
  • collisions with walls, screens, dividers, furniture, equipment, or other people in an enclosed space;
  • failure, malfunction, breakage, or unexpected behaviour of simulator hardware, screens, projectors, sensors, doors, safety equipment, or any other equipment or part of the Facility;
  • the conduct, negligence, or recklessness of other participants, Guests, or third parties;
  • aggravation of a pre-existing medical condition; and
  • the risks described in section 2 arising from the unstaffed, self-serve nature of the Facility.

You freely and voluntarily accept and fully assume all such risks, both known and unknown, foreseeable and unforeseeable, including risks arising from the negligence of the Releasees or their breach of any duty owed to you, including any duty under the Occupiers' Liability Act (Ontario).

4. RELEASE AND WAIVER OF CLAIMS (INCLUDING NEGLIGENCE)

In consideration of being permitted to enter the Facility and take part in the Activities, and to the fullest extent permitted by law, you release, waive, and forever discharge the Releasees from any and all liability, claims, demands, actions, and causes of action whatsoever — for personal injury, death, property damage, loss, or expense of any kind — arising out of or in any way connected with the Activities or your presence at or use of the Facility, INCLUDING ANY CLAIM ARISING FROM THE NEGLIGENCE OF THE RELEASEES, THEIR BREACH OF CONTRACT, OR THEIR BREACH OF ANY STATUTORY OR OTHER DUTY OF CARE, INCLUDING ANY DUTY OF CARE OWED UNDER THE OCCUPIERS' LIABILITY ACT (ONTARIO), and you agree not to make or advance any such claim. This release does not apply to liability that cannot be excluded by applicable law, and nothing in this agreement limits any right you have under the Consumer Protection Act, 2002 (Ontario) that cannot lawfully be waived.

To the extent any liability of the Releasees is found to exist despite this release, that liability is limited, to the maximum extent permitted by law, to the total fees you paid to LevelUp Golf in the twelve (12) months before the event giving rise to the claim.

5. INDEMNITY

You agree to indemnify, defend, and hold harmless the Releasees from and against any claim, demand, loss, damage, cost, or liability (including reasonable legal fees on a full indemnity basis) arising from or related to: (a) any act, omission, or negligence of you or your Guests at the Facility; (b) any breach by you or your Guests of this agreement or the Facility rules; or (c) any claim brought by or on behalf of you, your Guests, any Minor in your care, or your or their family members, heirs, or dependants, to the extent the claim would have been barred by this agreement had it been brought by you.

6. ENTERING A ZONE CONSTITUTES ACCEPTANCE; GUESTS

Entry to the Facility — and specifically entry to any Zone or any participation in the Activities — is expressly conditional on acceptance of this agreement, and the act of entering the Facility (and specifically a Zone) or taking part in the Activities constitutes acceptance of this agreement. Every person who enters a Zone or takes part in the Activities — whether or not they made the booking, and whether or not they have accepted this agreement electronically — accepts and agrees to be bound by this agreement by that act, having been given notice of its terms by the warning notice posted in the entrance lobby, which summarizes the key terms of this agreement, states that entry constitutes acceptance, and states how to obtain the full text of this agreement for review before any Zone is entered: online at levelupgolf.ca/waiver (directly or by scanning the QR code on the notice), or from LevelUp Golf on request at hello@levelupgolf.ca. If you do not agree to this agreement, your only option is not to enter any Zone and not to take part in the Activities.

If and to the extent any person who enters a Zone or takes part in the Activities is found not to be bound by this agreement, that person did so without permission and contrary to posted notice, entirely at their own risk, and the indemnity in section 5 applies to any claim by or in respect of that person.

Each adult participant should also accept this agreement electronically before participating. If you make a booking, you must not permit any Guest to enter a Zone or take part in the Activities unless that Guest (or, for a Minor, their supervising parent or guardian) has accepted this agreement. You agree to draw this agreement and the posted lobby notice to the attention of each of your Guests before they enter a Zone, and you remain responsible for the conduct of your Guests at all times.

7. MINORS

A Minor may enter the Facility and take part in the Activities only if accompanied and actively supervised at all times by a parent or legal guardian (or an adult authorized by the parent or guardian) who has accepted this agreement. By accepting this agreement as a supervising adult, you represent that you are the Minor's parent or legal guardian or are authorized by them, and you:

  • acknowledge that you have read this agreement and understand the risks described in sections 2 and 3, including as they apply to the Minor's participation, and accept those risks on your own behalf;
  • agree to remain present and actively supervise the Minor for the entire visit, including keeping the Minor clear of any person swinging a club and out of the swing and ball-flight area;
  • release the Releasees, on your own behalf, from any claim you may have arising from any injury to or death of the Minor, including any claim under the Family Law Act (Ontario), to the fullest extent permitted by law; and
  • agree to indemnify the Releasees as set out in section 5 for any claim brought by or on behalf of the Minor.

Unaccompanied Minors are not permitted at the Facility and may be denied entry or have access revoked.

8. HEALTH AND FITNESS REPRESENTATION

You represent that you are physically fit to take part in the Activities, that you have no medical condition that makes participation unsafe for you, and that you are solely responsible for obtaining medical advice before participating. You agree to stop participating immediately and seek help (including calling 911) if you experience pain, dizziness, chest discomfort, or other distress.

9. FACILITY RULES; RESPONSIBILITY FOR DAMAGE

You agree to use the Facility safely and to follow all rules posted at the Facility or communicated through the App or by LevelUp Golf personnel, if any are present, including: only one person in the hitting area of a Zone at a time; all other persons must remain behind the swing line; use only clean, unmarked, regulation golf balls and clubs in good repair; and do not throw clubs, strike screens intentionally with anything other than a golf ball in normal play, or misuse equipment. You agree to pay for any damage to any Zone or to LevelUp Golf's equipment, fixtures, or premises caused by you or your Guests, including damage from misuse, prohibited balls or clubs, or disruptive behaviour, and you authorize LevelUp Golf to charge those amounts to the payment method on file for your booking. Vandalism, dangerous conduct, or disruptive behaviour may result in access being revoked and a ban, without refund, in addition to any charges for damage.

10. NO ALCOHOL, DRUGS, OR SMOKING

Alcohol is not served, sold, or permitted at the Facility. You agree not to bring alcohol into the Facility and not to take part in the Activities while impaired by alcohol, cannabis, or any drug or substance. Smoking and vaping are prohibited everywhere in the Facility. We may deny entry to, or revoke the access of, any person who appears impaired or who breaches this section, without refund.

11. VIDEO SURVEILLANCE

The Facility is monitored by video surveillance (CCTV) 24 hours a day for the safety and security of customers and the protection of property. By entering the Facility you consent to this recording. Recordings are used for security, incident investigation, and enforcement of this agreement and the Facility rules, are retained only as long as needed for those purposes, and are handled in accordance with our Privacy Policy and applicable privacy law. We will not use any recording for marketing or promotional purposes unless every person identifiable in the footage has first given their express consent to that use. You may decline such consent without any effect on your access to the Facility or this agreement.

12. PERSONAL PROPERTY

You are solely responsible for your and your Guests' personal property, including golf clubs and other equipment, brought to or left at the Facility. To the fullest extent permitted by law, the Releasees are not responsible for any loss, theft, or damage to personal property at the Facility, including property left behind after your booking. Unclaimed property may be disposed of after thirty (30) days.

13. CONTINUING EFFECT

This agreement applies to the booking with which you accept it and to every subsequent visit you make to the Facility while the version you accepted remains in effect, without the need to accept it again for each visit. If we publish a new version, you will be asked to accept the new version before your next booking.

14. GENERAL

  • Severability: If any part of this agreement is held invalid or unenforceable, that part is severed and the remainder continues in full force and effect.
  • Governing law: This agreement is governed by the laws of the Province of Ontario and the laws of Canada applicable in Ontario. You agree that the courts of Ontario have exclusive jurisdiction over any dispute relating to this agreement or the Activities.
  • Binding effect: This agreement is binding on you and your heirs, executors, administrators, personal representatives, dependants, and assigns.
  • Entire agreement: This agreement is the entire agreement between you and LevelUp Golf regarding assumption of risk, release, waiver, and indemnity, and supersedes any prior oral or written representation. No oral statement by any person alters or qualifies it.
  • Acceptance — electronic or by conduct: This agreement is presented to you, and must be accepted by you, before payment and before you are granted access to the Facility. You agree that checking the acceptance box and submitting your booking constitutes your electronic signature under the Electronic Commerce Act, 2000 (Ontario) and has the same legal effect as a handwritten signature, and that we may record and retain the date, time, version accepted, and related technical metadata of your acceptance. This agreement may equally be accepted by conduct: entering any Zone or taking part in the Activities after notice of this agreement — including the notice posted in the entrance lobby — constitutes acceptance of this agreement as set out in section 6.
  • Acknowledgment: You confirm that you have had sufficient time to read this agreement, that you understand it, that you have had the opportunity to seek independent legal advice, and that you accept it freely and voluntarily.
  • Contact: LevelUp Golf Inc., 5-188 Barton St., Stoney Creek, Ontario L8E 4W3 — hello@levelupgolf.ca.

BY CHECKING THE BOX — OR BY ENTERING ANY ZONE OR TAKING PART IN THE ACTIVITIES AFTER NOTICE OF THIS AGREEMENT — YOU CONFIRM THAT: (1) YOU HAVE READ AND UNDERSTOOD THIS AGREEMENT, OR HAVE HAD THE OPPORTUNITY TO DO SO; (2) YOU ARE AT LEAST 18 YEARS OLD AND LEGALLY CAPABLE OF ACCEPTING IT; (3) YOU ACCEPT IT ON YOUR OWN BEHALF AND, IF APPLICABLE, AS THE SUPERVISING PARENT OR GUARDIAN OF ANY MINOR IN YOUR CARE; AND (4) YOU UNDERSTAND THAT YOU ARE GIVING UP LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE.