Terms & Conditions

Sim Valley Golf Inc. Waiver & Terms and Conditions:

 

IMPORTANT LEGAL DOCUMENT. PLEASE READ CAREFULLY.

 

DEFINITIONS

Sim Valley Golf Inc. and its managers, members, employees, agents, officers, directors, affiliates, volunteers, participants, clients, customers, invitees, independent contractors, subcontractors, insurers, facility operators, representatives, sponsors, premise owners and all other persons or entities acting in any capacity on its behalf, together with their respective successors and assigns are collectively referred to as the “Releasees”.

Myself, my spouse, children, wards, if any, and their respective successors and assigns are hereby known collectively as the “Releasing Parties.”

In this Agreement the term “Golfing” includes but is not limited to the use of all facilities, including, without limitation, the parking lot, entrance, building, the simulator bays, walkways, hallways, and offices (collectively, “Premises”) and all other activities which take place at the Premises.

All claims, actions, causes of action, proceedings, suits, costs, liabilities, damages, expenses, losses of any kind, and attorney’s fees, however caused, including, without limitation by reckless, negligent or grossly negligent conduct are hereafter collectively “Claims.”

“SVG” means Sim Valley Golf Inc., including its owners, directors, officers, employees, agents, affiliates, insurers, contractors, and any other parties acting on its behalf

 

 

By using the services, facilities, or equipment provided by Sim Valley Golf Inc., or by accessing simvalleygolf.com (the "Website"), you agree to the following waiver, release of liability, and terms and conditions ("Agreement"). This Agreement is a legally binding contract between you and Sim Valley Golf Inc., including its affiliates, operators, employees, and representatives (collectively, "Sim Valley Golf" or "we”), and all other persons or entities acting in any capacity on its behalf, together with their respective successors and assigns are collectively referred to as the “Releasees”.

 

Myself, my spouse, children, wards, if any, and their respective successors and assigns are hereby known collectively as the “Releasing Parties”. In this Agreement the term “Golfing” includes but is not limited to the use of all facilities, including, without limitation, the parking lot, entrance, building, the simulator bays, walkways, hallways, and offices (collectively, “Premises”) and all other activities which take place at the Premises. All claims, actions, causes of action, proceedings, suits, costs, liabilities, damages, expenses, losses of any kind, and attorney’s fees, however caused, including, without limitation by reckless, negligent or grossly negligent conduct are hereafter collectively “Claims” ASSUMPTION OF RISK AND LOSS

 

In this Agreement the term “Golfing” includes but is not limited to the use of all facilities, including, without limitation, the parking lot, entrance, building, the simulator bays, walkways, hallways, and offices (collectively, “Premises”) and all other activities which take place at the Premises.

 

 

Comprehensive Release of Liability, Waiver of Claims, and Assumption of Risk

PLEASE READ THIS SECTION CAREFULLY 

– BY PARTICIPATING, YOU ARE WAIVING CERTAIN LEGAL RIGHTS.

 

 

1. RELEASE AND WAIVER OF LIABILITY AND INDEMNITY

In consideration of the services and activities provided by the Releasees, I hereby agree as follows:

1. Release and Indemnification:
   On behalf of myself and all Releasing Parties, I agree to forever release, discharge, defend, indemnify, and hold harmless the Releasees from any and all claims, losses, damages, or expenses, including, but not limited to, direct, special, incidental, punitive, or consequential damages. This includes claims resulting from the reckless, negligent, or grossly negligent conduct of the Releasees that arise from any act, occurrence, or omission related to activities at the Premises. I agree to indemnify, hold harmless, and defend Sim Valley Golf Inc. and the Released Parties from and against any and all claims, damages, losses, or costs (including legal fees) arising from or in connection with:

   • My participation in any activities;

   • My use or misuse of the equipment or facilities;

   • Any claims brought by third parties that relate to my conduct on the premises. 

   • If you cause injury to a third party, or if you are injured by another guest, you agree to indemnify Sim Valley Golf Inc. for any legal claims resulting from the incident.

2. In consideration of being permitted to access and use the facilities and services of Sim Valley Golf Inc., I, for myself, my heirs, assigns, personal representatives, and next of kin, hereby knowingly, voluntarily, and irrevocably waive, release, indemnify, and forever discharge Sim Valley Golf Inc., its owners, directors, officers, employees, agents, representatives, successors, insurers, and assigns (collectively, “the Released Parties”) from any and all claims, demands, causes of action, suits, liabilities, losses, damages, or expenses, including those related to bodily injury, emotional distress, illness, property damage, theft, or death, whether arising out of negligence, gross negligence, premises liability, equipment failure, lack of supervision, breach of statutory duty, or otherwise, to the fullest extent permitted by law.

3. Non-Assertion of Claims:
   On behalf of the Releasing Parties, I agree not to initiate, support, or assert any claim or legal action against the Releasees, whether in court or otherwise, regarding any matters released or waived in this Agreement, including any claims under common law. 

4.  Assumption of All Risks: I understand and assume full responsibility for any and all risks, known or unknown, involved in my use of the facilities. This includes but is not limited to:

   • Swinging clubs in close proximity to walls, equipment, simulator, screens, ceilings, or other people;

   • Tripping or falling due to flooring, cords, furniture, or layout;

   • Being struck by golf balls, clubs, or simulator components;

   • Overexertion, muscle strain, or repetitive motion injuries;

   • Emotional distress caused by simulator realism or malfunction;

   • Allergic reactions to sanitizing products or facility materials.

   • incase of emergency call 911

   • I KNOWINGLY, VOLUNTARILY, AND FULLY ASSUME all known and unknown risks on behalf of myself and the Releasing Parties, including but not limited to, all risks of injury, damage, and even death. Additionally, I agree that the Releasees are not liable for any loss, theft, or damage to personal property belonging to myself or any of the Releasing Parties while on the Premises. I accept full responsibility for any injuries or damages sustained by myself or any of the Releasing Parties, as well as any damage to personal property while on the Premises.
     I acknowledge that my participation, and that of any Releasing Parties, is entirely voluntary, despite the potential risks involved. I affirm that I and the Releasing Parties are physically capable of engaging in the activities we choose while on the Premises, and accept the risks of injury or exacerbation of preexisting conditions, whether known or unknown, that may result from such participation. Finally, I agree to bear the cost of any medical assistance provided at the discretion of the Releasees on behalf of any of the Releasing Parties.

   • Voluntary Participation and Understanding of Risk: I understand and acknowledge that participating in golfing activities at the Premises carries an inherent risk of serious physical injury to both active participants and spectators. These risks include, but are not limited to, slips and falls, collisions with other participants or objects, injuries related to equipment, physical exertion, and other hazards commonly associated with such activities. I recognize that golfing may lead to injuries ranging from minor conditions like bruises and blisters to more severe outcomes such as bodily injury, illness, or even death, affecting myself, other participants, and anyone within the Releasing Parties. Despite the efforts made by the Releasees and Releasing Parties to minimize these risks, I acknowledge that the risk of serious injury, including death, cannot be completely eliminated and is a foreseeable possibility. By participating in or observing golf activities at the Premises, or by allowing minors for whom I am legally responsible to participate or observe, I am, on behalf of myself and the Releasing Parties, voluntarily accepting all associated risks and expressly agree not to pursue any legal action for any injury sustained from such activities.

   • Self-Run Facility - I acknowledge that Sim Valley Golf Inc. is a self-run facility with no employees present to provide supervision or assistance. As such, I am solely responsible for my own health and well-being during my participation in any activities at the facility. In the event of an emergency, I understand that I must take personal responsibility for calling 911 or seeking necessary medical attention. If, however, a Sim Valley Golf Inc. employee (if present) calls 911 on my behalf, I acknowledge that I will still be solely responsible for any costs, fees, or financial obligations related to medical treatment, transportation, or care resulting from the emergency. I agree that Sim Valley Golf Inc. is not liable for any expenses or outcomes related to my health, injury, or medical treatment, regardless of whether a staff member initiates emergency services on my behalf. I hereby release Sim Valley Golf Inc. from any and all liability.

5. No Insurance Coverage Provided:
   I acknowledge that Sim Valley Golf Ltd. does not carry or provide health, accident, or personal injury insurance for participants. I understand that I am personally responsible for all medical costs and related expenses if I am injured while using the facilities.

6. Third-Party Injuries:
   I understand that the Releasing Parties could be injured by third parties, such as other customers or invitees at the Premises. I agree to release, discharge, waive, defend, and indemnify the Releasees against any claims arising from the actions or omissions of third parties while on the Premises. Furthermore, I acknowledge that the actions of the Releasing Parties could cause injury to third parties, and I agree to defend and indemnify the Releasees against any claims arising from such incidents, whether caused fully or partly by any Releasing Party.

7. Waiver of Jury Trial:
   On behalf of the Releasing Parties, I hereby waive any right to a trial by jury in any legal proceeding arising directly or indirectly from this Agreement, or from any injuries sustained while participating in activities at the Premises.

8. Governing Law and Venue:
   This Agreement shall be governed by and construed in accordance with the laws of the Province of British Columbia, without regard to its conflict of laws rules. Any disputes related to this Agreement shall be resolved exclusively in the courts of British Columbia. I waive any objections to the venue or convenience of such proceedings and agree to indemnify and hold harmless the Releasees for any costs and fees incurred in enforcing this Agreement.

9. Severability:
   I acknowledge and agree that this Agreement is intended to be as broad as permitted by law in British Columbia. If any clause or portion of a clause is found to be invalid, illegal, or unenforceable, such provision shall be severed from the Agreement, and the remainder shall remain in full force and effect.

10. Entire Agreement:
    I understand and agree that this Agreement represents the entire understanding between the parties concerning its subject matter. It supersedes any prior agreements or communications, whether written, oral, electronic, or otherwise. No subsequent modification to this Agreement shall be valid unless it is in writing and signed by the party against whom enforcement is sought. I understand that this Agreement is intended to be binding upon me, my spouse, my children, my heirs, executors, administrators, legal representatives, and assigns, and will remain in effect for any current and future visits or participation at Sim Valley Golf Ltd., unless revoked in writing with acknowledgement from both parties.

11. Negligence and Equipment Risk Acknowledgement:
    I understand and expressly agree that this waiver and release includes claims based on any theory of negligence, whether active or passive, and includes the failure to properly inspect, supervise, instruct, or warn about any condition or risk. I further acknowledge the inherent risks of using high-speed, technology-assisted golf simulation systems, and I voluntarily assume all risks associated with the simulator’s use, including possible equipment failure, ball ricochet, malfunction, or misinterpretation of the digital environment. Entry into the facility automatically signifies acknowledgment of the waiver as the attendees where notified when online booking and have been provided the opportunity to willingly and freely sign a waiver, this includes but is not limited to all players, spectators and guests/individuals entering the facility. 

12.  Release Extends to Death and Serious Injury: This release expressly applies to any injuries or conditions that may result in permanent disability or death, and I understand that participation in Sim Valley Golf Inc.’s activities is entirely at my own risk. Medical Consent and Financial Responsibility:
    I acknowledge that Sim Valley Golf Inc is a self-run facility with no employees present to provide supervision or assistance. As such, I am solely responsible for my own health and well-being during my participation in any activities at the facility. In the event of an emergency, I understand that I must take personal responsibility for calling 911 or seeking necessary medical attention. If, however, a Sim Valley Golf Inc. employee and/or HUB employee (if present) calls 911 on my behalf, I acknowledge that I will still be solely responsible for any costs, fees, or financial obligations related to medical treatment, transportation, or care resulting from the emergency. I agree that Sim Valley Golf Inc. is not liable for any expenses or outcomes related to my health, injury, or medical treatment, regardless of whether a staff member initiates emergency services on my behalf.
    I hereby release Sim Valley Golf Inc. from any and all liability concerning medical expenses or the outcome of any medical treatment, whether or not it was initiated by me or an employee of the facility.

13. You confirm that you have read, understood, and signed the waiver and terms and conditions prior to entering the facility. This waiver includes the assumption of risk, release of liability, and indemnification provisions as outlined in the agreement.

 

 

2. Security Cameras & Privacy

3.1 Security Monitoring: You acknowledge and consent to the use of security cameras at Sim Valley Golf Inc. premises for the purpose of ensuring the safety and security of all guests and staff. These cameras may monitor activity in common areas, including the golf simulator bay. Recordings from these cameras may be reviewed in the event of an incident or to maintain a safe environment. 

3.2 Privacy Assurance: Sim Valley Golf Inc. is committed to maintaining your privacy and security. All recordings captured by security cameras are for internal use only and will not be shared with third parties unless required by law or for safety and security reasons. Any video footage collected will be kept secure and stored for a limited period in compliance with applicable privacy laws.

3.3 Recording of Play: The security cameras will not be used for the purpose to record your golfing performance. They are solely for the purpose of general security. Personal data and your participation in the simulator remains private.

 

 

 

3. Door entry codes, Personal Entry Code and HUB Access

3.1 Entry Code Confidentiality: I will receive a personal entry code to access Sim Valley Golf Inc. I agree not to share my code or use it to book for others. 

3.2 Non-Transferability: I will not share my code with anyone and am responsible for keeping it secure.

3.3 Consequences of Sharing: If I share my code, Sim Valley Golf Inc. may terminate my access to the facility.

3.4 Facility Access: members may sign up for a FOB to access the HUB. Please be advised that, in accordance with the membership agreement, a membership to the Golf Simulator Room does not entitle the member to access the HUB Gym, and a membership to the HUB Gym does not grant access to the Golf Simulator Room. Each membership is distinct and provides access solely to the facility specified in the agreement. Access to both the Golf Simulator Room and the HUB Gym requires separate memberships, as each facility operates under its own terms and conditions.

3.5 Entry and Security: I agree to keep the entry door closed at all times during my session and to ensure it is securely locked upon exiting. I will not allow entry to any individual who has not signed a waiver or who is not part of my registered group.

I understand that I must not leave the door open for any incoming group, even if they are present and waiting. Each group is issued a unique personal access code and must use it to unlock the door and begin their session. Access must only be granted through the proper use of the smart lock system to maintain the safety and integrity of the facility.

3.6 Room Capacity and Safety: Only up to four (4) people are allowed in the room at once, including players and spectators. Everyone must stay behind the yellow caution tape and keep a safe distance while another player is using the mat.

 

4. Authorization for Monthly Billing if member

By subscribing to a membership with Sim Valley Golf Inc. you agree to the following terms and conditions related to automatic monthly billing:

4.1 Billing Authorization
You hereby authorize Sim Valley Golf Inc to automatically charge the credit card provided at the time of membership registration for the monthly membership fee. Billing will occur on a recurring monthly basis, commencing on the start date of your membership.

4.2 Payment Details
You agree to provide accurate and up-to-date credit card information to Sim Valley Golf Inc and authorize the facility to charge your credit card for the membership fee. You further agree to promptly notify and update Sim Valley Golf Inc of any changes to your payment details, including but not limited to credit card number, expiration date, or billing address.
 

4.3Cancellation of Membership

1. No Refunds for Current Month - Membership fees are non-refundable. If you cancel, you will not receive a refund for the month you’ve already paid.

2. Cancel Before Next Billing Cycle - Sim Valley Golf Inc. Cancellations must be submitted before the next billing cycle to avoid the upcoming charge. No partial refunds will be issued for the current billing cycle once payment has been processed. You may cancel anytime.

3. Cancellation Confirmation - Once your cancellation is processed, you will receive a confirmation. You’ll still have access until the end of the current billing period to use your membership.

4. Failed Payments
   In the event that your payment is not successfully processed due to insufficient funds, expired credit card information, or any other reason, your membership will be suspended until the payment is successfully processed and you will not have access to the facility. 

5. Fee Changes
   Sim Valley Golf Inc reserves the right to adjust membership fees at any time, provided that you will be notified of any changes at least 30 days in advance. Any fee adjustments will take effect starting from the next billing cycle after the notice period, you are free to cancel your membership at anytime.

6. Refund Policy
   You understand that all payments are non-refundable, except as required by law or as otherwise specified in this agreement. Any refunds, if applicable, will be at the sole discretion of Sim Valley Golf Inc.

7. Termination of Billing Authorization
   Sim Valley Golf Inc. reserves the right to terminate or suspend this billing agreement at any time, without prior notice, if there is a material breach of these terms or for any other reason deemed appropriate by Sim Valley Golf Inc.

8. Operational hours may be subject to change and will be based off HUB fob access and/or business hours.

9. By continuing with your membership and providing your payment information, you acknowledge and accept these terms and authorize Sim Valley Golf Inc. to charge your credit card on a monthly basis for the duration of your membership, until such time as you cancel your membership

5.0 Cancellation and Rescheduling Policy

1. Cancellations: You can cancel your booking online up to 48 hours in advance. Cancellations made less than 48 hours before your scheduled time will not be eligible for a refund. 

2. Reschedules: You may reschedule your booking once up to 24 hours before your scheduled time. Please note that reschedules are allowed only once per booking. Reschedules made with less than 24 hours of your booking time will not be accepted.

3. No Shows / Late Arrivals: If you do not show up for your booking or arrive late, your session will proceed as scheduled and no additional time will be granted. Please ensure you arrive on time to make the most of your booking.

6.0 Substance Use Policy – No Alcohol, Cannabis, or Intoxicants

The use, possession, or influence of alcohol, cannabis, or any other intoxicating substances is strictly prohibited at all times on the premises of Sim Valley Golf Inc. (“SVG”), including but not limited to the simulator rooms, common areas, parking lot, and entryways. This policy applies to all members, guests, spectators, and participants. Individuals suspected of being under the influence of any intoxicating substance will be asked to leave immediately and may be subject to suspension or permanent termination of access to the facility. In cases of refusal to comply, disruptive behavior, or suspected illegal activity, the police will be contacted. No refunds or compensation will be issued under these circumstances. By entering the premises, you acknowledge and agree to abide by this policy and release SVG from any liability for incidents, injuries, or damages resulting from the use or influence of prohibited substances.

7.0 Software Use and System Settings Policy

Users of Sim Valley Golf Inc. (“SVG”) are strictly prohibited from altering, adjusting, or modifying any settings, configurations, or system preferences within the E6 Connect, GSPro, or any related simulator software or hardware systems.

This includes, but is not limited to:

• Changing game settings, display resolution, or system preferences

• Modifying course conditions, difficulty levels, or player data

• Accessing administrative menus or developer tools

• Connecting unauthorized devices or accounts

Any attempt to change or manipulate software or hardware settings without written authorization from SVG will be considered a breach of this agreement and may result in immediate suspension or permanent termination of access privileges, at the sole discretion of SVG. Damages resulting from unauthorized changes may also be subject to recovery, including legal action if necessary.

By using the simulator system, you agree to comply with this policy and accept full responsibility for any violations.

 

8.0 PARENT OR GUARDIAN LIABILITY WAIVER ON BEHALF OF MINOR (sign for youth players 12-18) 

 

If the participant is under the age of 18, this waiver must also be signed by a parent or guardian. Please note, children under 12 are not permitted in the facility. Youth 12-18 years of age are permitted when participating/playing golf in the facility and when accompanied by a playing adult

 

I represent that I am qualified as the parent, legal guardian, or authorized custodian of the above listed persons (“Minor”) and that I have the authority to execute this Agreement on behalf of the Minor. I agree to be legally bound by this Agreement and 

to indemnify and hold harmless the Releasees from any Claims that may arise from the Minor while on the Premises. I agree to personally defend and indemnify the Releasees for and from any Claim arising from the Minor’s participation in Golfing on the Premises if it is determined that I did not

the authority to sign the Agreement on behalf of the Minor. 

 

 

 

 

9.0 Signature & Acknowledgement

By signing below, you confirm that you have read, understood, and agree to all terms, conditions, and waivers outlined in this document. You understand that by signing, you are waiving certain legal rights, including the right to sue Sim Valley Golf Inc. for any injury, death, or damage incurred while participating in activities at the facility. Release of Liability: You release Sim Valley Golf Inc. and all its Releasees from any and all liability for any injury, loss, damage, or death that may occur as a result of your participation in activities at the facility. I acknowledge that by signing this agreement, I fully understand and accept that I am forever waiving all my legal rights with respect to any claims or actions arising from my participation in activities at Sim Valley Golf Inc.

 

 

 

BY SIGNING THIS WAIVER, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD AND AGREE TO THESE TERMS AND CONDITIONS AND THE WAIVER OF LIABILITY.

I HAVE READ THIS RELEASE AGREEMENT IN ITS ENTIRETY, FULLY UNDERSTAND ITS TERMS AND CONDITIONS, I AM AWARE THAT I AM GIVING UP SUBSTANTIAL LEGAL RIGHTS BY ENTERING AND USING THE FACILITIES OF SIM VALLEY GOLF INC. AND DO SO FREELY AND VOLUNTARILY WITHOUT INDUCEMENT.