PARTICIPANT WAIVER, RELEASE OF LIABILITY, AND ASSUMPTION OF RISK AGREEMENT
Please read this document carefully. By signing this document, you are waiving certain legal rights, including the right to sue [Insert Business Name], its owners, employees, and agents.
1. PARTIES INVOLVED
This Agreement is entered into by and between the undersigned participant (and/or the participant’s legal guardian if under 18) (the "Participant") and Always in Play LLC, its subsidiaries, affiliates, officers, employees, agents, and contractors (collectively, the "Company").
2. ACKNOWLEDGMENT AND ASSUMPTION OF INHERENT RISKS
The Participant acknowledges that using indoor golf simulators, high-speed tracking technology, real golf clubs, real golf balls, and being present in the facility involves inherent risks. These risks include, but are not limited to:
3. RELEASE OF LIABILITY AND COVENANT NOT TO SUE
To the fullest extent permitted by law, the Participant agrees to release, waive, discharge, and hold harmless the Company from any and all liability, claims, demands, or causes of action arising out of negligence, personal injury, property damage, or wrongful death resulting from the use of the facility and equipment. The Participant expressly agrees not to file a lawsuit against the Company for any such claims.
4. EQUIPMENT DAMAGE AND FINANCIAL RESPONSIBILITY
The Participant agrees to use all simulator equipment, screens, enclosures, sensors, and computers in a safe and responsible manner according to posted guidelines. The Participant accepts full personal liability for any damage caused to the building, simulator electronics, tracking cameras, or hitting screens due to reckless behavior, negligence, or failure to follow facility rules. The Participant agrees to reimburse the Company for the full cost of repair or replacement for such damages.
5. FACILITY RULES AND SAFETY EXPECTATIONS
The Participant agrees to strictly abide by all posted and verbal safety rules, including but not limited to:
6. PHYSICAL HEALTH AND MEDICAL AUTHORIZATION
The Participant certifies that they are in good physical health and have no medical conditions that would make participation unsafe. In the event of a medical emergency, the Participant authorizes the Company to secure necessary medical treatment and agrees to be solely responsible for all associated medical bills.
7. GOVERNING LAW AND SEVERABILITY
This Agreement shall be governed by and construed in accordance with the laws of the State of Kentucky. If any portion of this waiver is found to be invalid or unenforceable by a court, the remaining sections shall continue in full legal force and effect.
I HAVE READ THIS INDOOR GOLF SIMULATOR WAIVER AND RELEASE OF LIABILITY AGREEMENT, FULLY UNDERSTAND ITS TERMS, AND UNDERSTAND THAT I AM GIVING UP SUBSTANTIAL LEGAL RIGHTS BY SIGNING IT. I SIGN IT FREELY AND VOLUNTARILY.
Click here if you’re signing for a child