Waiver & Release of Liability — Divot Golf Factory
1. Parties & Date This Waiver and Release of Liability (this “Agreement”) is entered into by the undersigned Participant (“Participant”) and Divot Golf Factory, LLC, located at 60 E Northfield Dr., Brownsburg, Indiana (the “Facility”).
2. Acknowledgment of Risk; Assumption of Risk a. The Participant acknowledges that use of indoor golf simulators, golf bays, automated teeing systems, moving swing plates, ball return mechanisms, and associated equipment (“Equipment”) involves inherent risks, including but not limited to personal injury, property damage, or death, arising from equipment malfunction, negligent operation, flying golf balls, or Participant’s own actions or omissions. b. Participant affirms they are physically fit to participate and have not been advised otherwise by a healthcare professional. c. Participant voluntarily assumes all such risks and responsibilities.
3. Waiver and Release In consideration of being permitted to use the Facility and Equipment, Participant hereby releases, waives, discharges, and covenants not to sue Divot Golf Factory, LLC, its owners, officers, agents, employees, and representatives (collectively, the “Released Parties”) from any and all liability, claims, demands, actions, or causes of action arising out of or related to any loss, damage, or injury, including death, that may be sustained by Participant or any property, whether caused by negligence of the Released Parties or otherwise.
4. Indemnification Participant agrees to indemnify, defend, and hold harmless the Released Parties from any and all claims, demands, losses, damages, costs, or expenses (including reasonable attorneys’ fees) arising out of Participant’s use of the Facility or Equipment, including any damage caused by Participant.
5. Equipment Damage Participant accepts responsibility for any damage to the Facility or Equipment resulting from their negligent, reckless, or intentional actions.
6. Compliance with Rules Participant agrees to abide by all posted rules, staff instructions, and safety protocols. Failure to comply may result in termination of access without refund.
7. Alcohol Use a. Alcoholic beverages may only be consumed on the premises by individuals who are 21 years of age or older, in compliance with Indiana state law. b. Divot Golf Factory reserves the right to refuse service, restrict play, or remove any Participant who appears to be impaired or intoxicated. c. Participant assumes full responsibility for any injuries or damages resulting from alcohol consumption before, during, or after use of the Facility.
8. Medical Treatment Authorization In the event of injury or illness, Participant authorizes Facility staff to administer first aid and seek emergency medical treatment as necessary. Participant agrees to be financially responsible for such medical treatment.
9. Minors (Under Age 18) a. Minors are permitted to use the Facility only under direct supervision of a parent or legal guardian. b. A parent or legal guardian must sign this Agreement on behalf of the minor, and by doing so, expressly accepts full responsibility for the minor’s conduct, safety, and compliance with Facility rules. c. The parent or legal guardian further agrees to indemnify and hold harmless the Released Parties against any claims arising from the minor’s participation.
10. Binding Agreement This Agreement binds Participant and Participant’s heirs, executors, administrators, legal representatives, and assigns. It constitutes the entire agreement and supersedes all prior representations or agreements, written or oral.
11. Governing Law & Severability This Agreement shall be governed by and construed in accordance with the laws of the State of Indiana. If any provision is found invalid or unenforceable, the remaining provisions shall remain in full force and effect.
12. Acknowledgment Participant acknowledges that they have carefully read this Agreement, understand its terms, and are signing voluntarily, intending to relinquish substantial legal rights, including the right to sue.
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