In exchange for being permitted to reserve, enter, access, and use the golf simulator facility, equipment, and related services provided by Replay Golf / Porter Putt Inc. (“Replay Golf” or the “Facility”), located at #126, 6707 Elbow Drive SW, Calgary, Alberta, I acknowledge and agree to the following terms.
If I am making a reservation on behalf of other individuals, including family members, friends, coworkers, or any other guests attending during my booking (collectively, the “Guests”), I understand that I am responsible for ensuring they comply with this Agreement. Unless the context requires otherwise, references to “I,” “me,” and “my” include both myself and my Guests where applicable.
By completing my booking, accessing the Facility, or using any equipment or services provided by Replay Golf, I confirm that I have read, understood, and voluntarily accepted this Agreement. I further acknowledge that I am responsible for the conduct of all Guests attending under my reservation and accept the obligations, waivers, releases, and indemnities described below on behalf of myself and, where legally permitted, my Guests.
I recognize that participating in golf simulator activities and entering an unattended indoor golf facility involves risks that cannot be completely eliminated. These risks may result in serious injury, permanent disability, death, or damage to personal property affecting myself, my Guests, or others.
Without limiting the general nature of these risks, I understand they may include:
I understand that these risks may arise from my own conduct, the conduct of my Guests or others, equipment failure, or the acts or omissions of Replay Golf and its owners, employees, contractors, affiliates, landlords, or other representatives.
To the fullest extent permitted by law, I voluntarily accept all risks associated with entering or using the Facility, whether those risks are known or unknown, foreseeable or unforeseeable. I understand that my participation is entirely voluntary, and I knowingly assume full responsibility for any injury, illness, disability, death, or property damage that may occur in connection with my use of the Facility or that of my Guests.
I agree to use Replay Golf, its equipment, and all areas of the Facility in a safe, respectful, and responsible manner. I understand that the Facility operates without on-site staff or supervision, and that I, as the individual making the reservation (the “Booker”), am fully responsible for my own conduct as well as the conduct and safety of every Guest attending under my booking.
I agree to follow all posted rules, operating instructions, safety notices, tutorials, and any additional policies communicated by Replay Golf through the Facility, its website, email, or other official channels.
During my reservation, I will ensure that I and each of my Guests will:
I understand that Replay Golf relies on each customer to operate the Facility responsibly. Any misuse of the equipment, violation of these rules, or conduct that creates an unsafe environment may result in the immediate termination of my session, suspension of future booking privileges, charges for any resulting damages, and any other remedies available to Replay Golf under this Agreement or applicable law.
I acknowledge that, as the Booker, I accept full responsibility for every person who attends the Facility under my reservation. My responsibilities extend to all Guests regardless of their age, experience level, or whether they have personally reviewed or signed this Agreement.
Without limiting this responsibility, I agree that:
a. I will ensure each Guest is aware of and complies with this Agreement, all Facility rules, and any safety instructions provided by Replay Golf.
b. I accept responsibility for any damage to the Facility, simulator equipment, furnishings, or other property caused by me or any of my Guests.
c. I acknowledge that I am responsible for the safety and conduct of my Guests throughout the duration of my booking.
d. If a Guest makes a claim or legal proceeding against Replay Golf arising from their attendance at the Facility, I agree, to the extent permitted by law, to indemnify and hold harmless Replay Golf from any resulting losses, damages, legal costs, or expenses as described elsewhere in this Agreement.
e. My responsibilities under this Agreement apply regardless of whether I was physically present in the simulator bay when an incident occurred.
f. Replay Golf is entitled to rely upon this Agreement as evidence that I accepted responsibility for the conduct of all individuals attending under my reservation.
I understand that Replay Golf permits group bookings with the expectation that the Booker assumes responsibility for those attending. I acknowledge that Replay Golf would not permit my reservation under the same terms without my acceptance of these obligations.
In consideration for being allowed to reserve, enter, access, and use Replay Golf’s facilities, equipment, and services, I agree, to the fullest extent permitted by the laws of Alberta and Canada, to release and forever discharge Replay Golf / Porter Putt Inc., together with its owners, shareholders, directors, officers, employees, contractors, agents, affiliates, landlords, property managers, successors, and assigns (collectively, the “Released Parties”), from any and all claims, demands, actions, causes of action, liabilities, losses, damages, costs, expenses, or legal proceedings of any kind, whether known or unknown, existing now or arising in the future, that relate in any way to my use of the Facility or the use of the Facility by any of my Guests.
This release applies to, without limitation:
a. Any injury, illness, disability, death, or property damage suffered by me or any of my Guests while entering, occupying, or using the Facility.
b. Any loss, injury, or damage caused by me or any of my Guests to another person or to any property while at the Facility.
c. Any claim brought by a Guest or other individual arising from their attendance at the Facility under my reservation.
d. Any incident connected with the operation, condition, maintenance, repair, design, or use of the golf simulators, equipment, premises, or related services provided by Replay Golf.
Without limiting the scope of this release, I understand and agree that it includes claims arising from:
I acknowledge that accidents and injuries can occur even when reasonable care has been exercised and that the risks associated with golf simulator activities cannot be completely eliminated.
By accepting this Agreement, I knowingly and voluntarily waive any right that I, my estate, my heirs, or anyone claiming through me may otherwise have to bring legal proceedings against the Released Parties for injuries, losses, or damages arising from my participation or the participation of my Guests, except where such rights cannot legally be waived under applicable law.
I confirm that I have carefully read this section, understand its legal effect, and recognize that by agreeing to it I am giving up significant legal rights, including the right to pursue certain claims against the Released Parties.
As the Booker, I agree to indemnify, defend, and hold harmless the Released Parties from and against any claims, demands, lawsuits, liabilities, damages, judgments, penalties, fines, costs, or expenses (including reasonable legal fees and investigation costs on a solicitor-and-own-client basis where permitted by law) that arise directly or indirectly from my actions, the actions of my Guests, or my use of the Facility.
Without limiting the generality of the foregoing, this obligation applies to any loss or expense resulting from:
a. My breach of this Agreement or the breach of this Agreement by any of my Guests.
b. Any negligent, reckless, intentional, or unlawful act or omission committed by me or by any of my Guests.
c. Any injury, illness, disability, death, or property damage caused by me or by any of my Guests while entering, occupying, or using the Facility, whether the affected person is another Guest, a third party, or a representative of Replay Golf.
d. Damage to the Facility, golf simulators, equipment, furnishings, fixtures, or any other property belonging to Replay Golf resulting from my actions or the actions of my Guests.
e. Any claim or legal proceeding brought against the Released Parties by one of my Guests, or by any other person, arising from or related to my reservation, our attendance at the Facility, or our use of its equipment or services.
f. Any unauthorized access to the Facility resulting from my disclosure, or the disclosure by one of my Guests, of entry codes, digital credentials, keys, or other access information assigned to my booking.
g. Any expense reasonably incurred by Replay Golf to investigate, repair, replace, restore, or secure its property following damage or misuse occurring during my reservation.
I understand that my obligation to indemnify the Released Parties is separate from, and in addition to, the releases and waivers contained elsewhere in this Agreement. This obligation remains in effect even after my booking has ended and survives the expiration or termination of this Agreement.
I further acknowledge that, where permitted by law, I may be required to reimburse the Released Parties for losses or legal expenses arising from claims made by my Guests or other third parties connected to my booking, even if I was not personally present when the incident occurred or did not directly cause the event giving rise to the claim.
By entering and using the Facility, I confirm that I am physically and mentally capable of safely participating in golf simulator activities. To the best of my knowledge, I do not have any medical condition, illness, injury, disability, or impairment that would make my participation unsafe or increase the risk of injury to myself or others.
If I have invited Guests to attend under my booking, I believe, to the best of my knowledge, that they are also physically and mentally able to safely use the Facility and its equipment.
I understand that Replay Golf does not provide medical evaluations, health screenings, supervision, or professional instruction, and it is my sole responsibility to determine whether I and my Guests are fit to participate.
I agree that if I or any of my Guests experience pain, dizziness, shortness of breath, chest discomfort, loss of balance, illness, or any other condition that could affect safe participation, we will immediately stop using the equipment and, if necessary, leave the Facility and seek appropriate medical care.
I further acknowledge that Replay Golf operates as an unattended and unstaffed facility. No employees, instructors, first-aid personnel, or medical professionals will be available on-site to provide assistance in the event of an illness, injury, or medical emergency. I accept full responsibility for obtaining emergency medical assistance if it becomes necessary during my booking.
I understand that participating while knowingly unfit, injured, impaired, or under medical restrictions may significantly increase the risk of injury. I voluntarily accept those risks and agree that Replay Golf is not responsible for determining my fitness or the fitness of my Guests to participate.
I acknowledge that the golf simulators, electronic systems, projectors, impact screens, computers, furnishings, and all other equipment within the Facility are valuable and must be used responsibly. As the Booker, I accept responsibility for ensuring that both I and my Guests treat all equipment and property with reasonable care throughout our reservation.
Upon arriving at the Facility, I agree to inspect the simulator bay and promptly report any damage, malfunction, or unsafe condition that appears to have existed before my session. If damage occurs during my booking, I will notify Replay Golf as soon as reasonably possible and no later than twenty-four (24) hours after my reservation ends.
I accept financial responsibility for any damage to the Facility or its equipment that results from my actions or the actions of my Guests, including damage caused by misuse, negligence, reckless conduct, intentional acts, or failure to follow posted rules or operating instructions.
Where damage occurs, I agree to reimburse Replay Golf for the reasonable and documented costs required to inspect, repair, replace, or restore the affected equipment or property. Replay Golf may provide written notice identifying the damage and the associated costs, and I agree to make payment within thirty (30) days of receiving that notice unless another arrangement is agreed upon in writing.
I understand that golf simulator equipment is specialized and expensive, and that repairs or replacement of components such as sensors, projectors, impact screens, computers, or simulator hardware may involve substantial costs. I acknowledge that my obligation is limited to the reasonable cost of repairing or replacing damaged property and is intended to compensate Replay Golf for its actual loss rather than impose a penalty.
Nothing in this section limits any additional rights or remedies available to Replay Golf under this Agreement or applicable law.
The safety of everyone using the Facility depends on responsible behaviour. I agree that neither I nor any of my Guests will operate a golf simulator, swing a golf club, or use any equipment within the Facility while impaired by alcohol, cannabis, illegal drugs, prescription medication that affects judgment or coordination, or any other substance that may reduce a person’s ability to participate safely.
I acknowledge that participating while impaired significantly increases the likelihood of injury, property damage, and accidents involving other users. If I or any of my Guests choose to enter or use the Facility while impaired, I accept full responsibility for any resulting consequences.
I understand that all assumption of risk, release of liability, indemnification, and property damage provisions contained in this Agreement remain fully enforceable regardless of whether impairment contributed to an incident.
Replay Golf reserves the right to immediately terminate a booking without refund if it reasonably believes, through security footage or other credible evidence, that I or any of my Guests are using the Facility in an unsafe or impaired condition. Where appropriate, Replay Golf may also suspend or permanently revoke future booking privileges.
I understand that Replay Golf operates as a self-service, unattended facility. During my reservation there will be no employees, instructors, supervisors, security personnel, or first-aid attendants present unless Replay Golf specifically advises otherwise.
As the Booker, I accept full responsibility for the safety, conduct, and supervision of myself and all Guests throughout the duration of my reservation.
I agree to use all entry credentials, access codes, digital keys, or other security information responsibly and to keep them confidential. I will not share, transfer, copy, post, or otherwise provide access credentials to anyone who is not included in my booking.
I understand that any individual who enters the Facility using credentials issued for my reservation will be considered my responsibility, whether or not I personally invited or accompanied that individual into the Facility.
If unauthorized access, damage, theft, vandalism, or any other loss occurs as a result of my failure—or the failure of one of my Guests—to safeguard access credentials, I accept responsibility for any resulting damages or costs to the extent permitted by this Agreement and applicable law.
I acknowledge that Replay Golf uses video surveillance, and where permitted by law, audio recording systems, to help protect customers, employees, equipment, and property, investigate incidents, and support the operation of the Facility. By entering the Facility, I consent to the collection and use of these recordings for security, safety, operational, insurance, and legal purposes in accordance with applicable privacy laws.
I further understand that Replay Golf may use surveillance footage to investigate accidents, security incidents, property damage, unauthorized access, or suspected violations of this Agreement, and that such recordings may be disclosed where required or permitted by law, including for insurance claims or legal proceedings.
Failure to comply with the Facility’s security or access requirements may result in cancellation of my booking, suspension of future access privileges, recovery of resulting damages, and any other remedies available to Replay Golf under this Agreement or applicable law.
I understand that Replay Golf does not assume responsibility for the safekeeping of my personal property or the property of my Guests while at the Facility.
All personal belongings, including but not limited to golf clubs, bags, electronic devices, wallets, keys, eyewear, jewelry, clothing, and vehicles, are brought to and left at the Facility entirely at my own risk.
To the fullest extent permitted by law, Replay Golf and the Released Parties shall not be liable for the loss, theft, damage, or destruction of any personal property, regardless of whether such loss results from the actions of other patrons, equipment failure, water damage, fire, theft, or any other cause.
I acknowledge that I am solely responsible for ensuring that I and my Guests secure and remove all personal belongings before leaving the Facility.
In the event of an emergency, I agree to act responsibly and take appropriate steps to protect myself, my Guests, and others within the Facility.
If a serious injury, medical emergency, fire, flood, gas leak, power outage, security incident, or any other hazardous condition occurs, I will immediately contact emergency services by calling 911 before contacting Replay Golf, where appropriate.
If it is safe to do so, I will follow any emergency instructions posted within the Facility and immediately evacuate the premises.
I understand that Replay Golf is an unattended facility and that no employees, first-aid attendants, security personnel, automated external defibrillator (AED), or other emergency medical equipment will be available on-site during my reservation.
As the Booker, I accept responsibility for ensuring that my Guests understand the emergency procedures and know how to safely exit the Facility if an emergency occurs.
For the purposes of this Agreement, a minor is any individual under eighteen (18) years of age.
Minors are only permitted to enter or use the Facility when accompanied by and under the direct, continuous, and active supervision of their parent or legal guardian at all times. A minor must never be left unattended anywhere within the Facility.
The parent or legal guardian supervising the minor must either be the Booker or an adult Guest included in the same reservation. Before a minor enters the Facility, the parent or legal guardian must review and accept this Agreement on the minor’s behalf and confirm that they have the legal authority to do so.
The supervising parent or legal guardian accepts full responsibility for:
Where I bring a minor as one of my Guests, I acknowledge that I also remain responsible for that minor under the terms of this Agreement, regardless of whether I am the minor’s parent or legal guardian.
If a Guest attending under my reservation brings a minor to the Facility, I understand that I may share responsibility under this Agreement for ensuring that the minor has been properly supervised and that the required parental or guardian consent has been obtained before entry.
Replay Golf reserves the right to refuse entry to any minor or terminate a booking without refund if it reasonably believes the requirements of this section have not been satisfied.
Replay Golf uses video surveillance throughout the Facility for security, safety, operational monitoring, and incident investigation. By entering the Facility, I acknowledge that my image, voice, and activities may be recorded while I am on the premises.
From time to time, Replay Golf may also capture photographs or video content for marketing, advertising, promotional materials, social media, or other business purposes.
Unless I notify Replay Golf in writing before my reservation begins that I do not wish to appear in promotional materials, I grant Replay Golf and Porter Putt Inc. permission to use photographs or video recordings that include my likeness for lawful promotional and marketing purposes without additional notice or compensation.
This consent does not affect Replay Golf’s right to use surveillance recordings for security, safety, insurance, legal proceedings, or other legitimate business purposes.
This Agreement shall be governed by and interpreted in accordance with the laws of the Province of Alberta and the applicable federal laws of Canada.
Any dispute, claim, or legal proceeding arising out of or relating to this Agreement or the use of the Facility shall be brought exclusively before the courts located in Calgary, Alberta, unless applicable law requires otherwise.
To the fullest extent permitted by law, I agree to submit to the jurisdiction of those courts and waive any objection based on venue, jurisdiction, or forum non conveniens.
Replay Golf encourages disputes to be resolved efficiently and in good faith before legal proceedings are commenced.
Before either party begins a lawsuit relating to this Agreement or the use of the Facility, the parties agree to make reasonable efforts to resolve the dispute through mediation with an independent mediator mutually selected by both parties.
Unless otherwise agreed, the costs of mediation will be shared equally between the parties.
If the dispute has not been resolved within sixty (60) days after mediation has been requested, either party may pursue any legal remedies available to them.
To the maximum extent permitted by Alberta law, any legal action arising from this Agreement or from the use of the Facility must be commenced within one (1) year after the date the claim arose or after the claimant first knew, or reasonably ought to have known, of the facts giving rise to the claim, whichever limitation period is enforceable under applicable law.
If, despite the releases and limitations contained in this Agreement, Replay Golf or any Released Party is found legally liable for any claim, the total amount recoverable by the Booker and all Guests arising from the same reservation shall not exceed the total amount paid for the booking during which the incident occurred, except where a greater amount is required by applicable law.
Nothing in this section limits any rights or remedies that cannot legally be excluded or restricted under Alberta or Canadian law.
If any provision of this Agreement, or any part of a provision, is determined by a court of competent jurisdiction to be invalid, illegal, or unenforceable, that provision shall be interpreted or modified only to the extent necessary to make it enforceable, if permitted by law.
If modification is not possible, the invalid provision shall be severed from this Agreement without affecting the validity or enforceability of the remaining provisions, all of which shall continue in full force and effect.
The parties intend that this Agreement be enforced to the greatest extent permitted by applicable law.
The provisions of this Agreement that, by their nature, are intended to continue after the conclusion of my booking shall remain in effect regardless of whether my reservation is completed, cancelled, terminated early, or otherwise expires.
Without limiting the foregoing, the provisions relating to the assumption of risk, release of liability, indemnification, responsibility for Guests, limitation of liability, dispute resolution, governing law, and any payment obligations shall survive the termination of this Agreement and remain legally binding.
This Agreement represents the complete understanding between the Booker and Replay Golf / Porter Putt Inc. concerning access to and use of the Facility. It replaces all prior discussions, representations, understandings, negotiations, or agreements relating to the same subject matter, whether oral or written.
I acknowledge that I have not relied on any statement, promise, or representation that is not expressly contained in this Agreement.
For clarity, Replay Golf’s published Facility Rules, Booking Terms, Cancellation Policy, Privacy Policy, and any other policies made available through its website or booking platform form part of this Agreement and are incorporated by reference where applicable.
I consent to receiving notices, confirmations, receipts, policy updates, and other communications from Replay Golf electronically, including by email or through the online booking platform using the contact information I have provided.
I agree to keep my contact information accurate and up to date and acknowledge that Replay Golf may rely on the most recent information associated with my account or booking.
Unless otherwise required by law, any electronic communication sent by Replay Golf will be considered received on the date it is transmitted.
By selecting “I Agree,” completing my booking, or entering the Facility, I confirm that:
a. I am at least eighteen (18) years of age and have the legal capacity to enter into this Agreement.
b. I have carefully read this Agreement in its entirety and have had sufficient time to review and understand its contents.
c. I understand that this Agreement affects my legal rights, including my right to bring certain legal claims against Replay Golf and the Released Parties.
d. I accept this Agreement voluntarily and without pressure, coercion, or undue influence.
e. I have had the opportunity to seek independent legal advice before accepting this Agreement and have either done so or chosen not to.
f. I accept responsibility for my own conduct and, where applicable, for the conduct and safety of all Guests attending under my reservation.
g. I understand that this Agreement includes an assumption of risk, a release of liability, and an indemnification obligation that may limit or eliminate claims against the Released Parties to the fullest extent permitted by law.
h. I understand that my electronic acceptance of this Agreement has the same legal force and effect as my handwritten signature.
I consent to the electronic execution of this Agreement in accordance with Alberta’s Electronic Transactions Act, as amended from time to time.
If I am accepting this Agreement on behalf of a minor, I confirm that I am the minor’s parent or legal guardian and that I have the legal authority to enter into this Agreement on the minor’s behalf.
By accepting this Agreement, I further confirm that:
I understand that Replay Golf is an unattended facility and that I—not Replay Golf—am solely responsible for the minor’s supervision, safety, and conduct throughout our visit.
By selecting “I Agree,” completing my reservation, or entering the Facility, I confirm that: