In consideration of the opportunity to use Big Swing Golf Sim's facilities, golf simulators, and related equipment, I hereby agree to the following:
1. Waiver and Release of Liability. My participation and use of Big Swing Golf Sim's facilities, golf simulators, and related equipment is voluntary and subjects me to the inherent possibility of physical injury (which could be minimal, serious, and/or result in death) and/or loss of or damage to my property (hereafter “Risks”). It is also reasonably foreseeable that my careless or reckless use of Big Swing Golf Sim's facilities, golf simulators, and related equipment could result in damage thereto. Accordingly, I agree to the following:
a. Release from Liability. I hereby release and hold harmless Big Swing Golf Sim, its officers, directors, employees, agents, volunteers, and contractors (hereafter “Releasees”) from any claim, demand, loss, liability, damages, and attorney fees and costs whatsoever arising from, related to, or resulting from these Risks (hereafter “Claims”), including those caused by the negligent acts or omissions of any or all of the Releasees.
b. Certification of Good Health. I recognize the physical exertion involved in the use of the Big Swing Golf Sim's facilities, golf simulators, and related equipment, and attest and certify that I am physically fit to participate safely, and I have not been advised otherwise by a health care professional.
c. Waiver of Claims. As between each of the Releasees and me, I will be solely responsible for any and all medical and related bills that I may incur because of any injury, as well as costs related to loss or damage to my property, that I may sustain as a result of my participation in activities at Big Swing Golf Sim.
d. Personal Liability. I will be personally liable for any and all damage to the building, simulators, and related equipment caused by my careless, reckless or intentional actions. This includes financial liability, which will be calculated based on the cost to repair or replace Big Swing Golf Sim's facilities, golf simulators, and related equipment that I damage or destroy.
2. General Provisions.
a. This Agreement contains the entire understanding between and among the parties (Big Swing Golf Sim and myself) concerning these matters. No waiver, modification, or amendment of any of the terms of this Agreement shall be effective unless made in writing and signed by both parties.
b. I hereby expressly agree that if any portion of this Agreement is held invalid, the remaining Agreement shall nonetheless continue in full legal force and effect. I warrant that I have read and understand that this Agreement involves my waiver and
release of significant rights and my assumption of significant indemnification responsibilities in participating in activities at Big Swing Golf Sim’s facilities.
3. SAFETY RULES AND REGULATIONS. I agree to follow procedures and safety rules described in the Rules and Regulations below, or otherwise posted in the Big Swing Golf Sim's facilities or website. These rules are intended to protect the players, spectators, and other guests. While at Big Swing Golf Sim, please:
• Ensure you have CLEAN SHOES and CLEAN CLUBS. During winter months, no shoes worn outside of the facilities are allowed in the hitting area.
• Use the balls and tees provided for you and found in the bay you have reserved. Theft of golf balls will result in a $5.00 charge per ball.
• Keep food and drinks at the provided tables. NO FOOD OR DRINK INSIDE THE SIMULATOR or near the computer at any time!
• No smoking or vaping while inside the facilities.
• No more than 4 golfers playing per bay.
• Be respectful of other guests.
• No children under the age of 18 without supervision from an adult.
• Players are responsible for the equipment inside the simulator.
• No swinging clubs outside of the simulators for safety reasons.
• Only one person may be present in the hitting area at a time. Everyone MUST keep a safe distance, and keep watch of the person golfing.
• Be aware of your backswing and follow-through at all times. Before you swing, check your surroundings to ensure no one or obstacle is within your range of swing.
• Your shot must be directed towards the hitting screen.
• Swinging should always take place near the hitting area of the mat.
• Be alert of where you stand or walk and stay out of someone’s range of swing.
• Report any accidents immediately.
• Customers are financially responsible for any damage caused.
• Customers acknowledge Big Swing Golf Sim is under video surveillance. Tampering with a camera system or damaging equipment by not following procedures in the guidelines will result in financial compensation being paid to Big Swing Golf Sim.
• Customers acknowledge that photography and/or video may be recorded and used for promotional purposes without compensation.
• We would love for your to finish your “last hole”, but if another group is booked after you, we must transition the simulator promptly at the end of your booking time.
• Failure to abide by any of the above procedures may result in the cancellation of the remainder of your paid simulator time without compensation.
I HAVE CAREFULLY READ THIS RELEASE AGREEMENT, FULLY UNDERSTAND ITS TERMS, AND UNDERSTAND THAT I AM GIVING UP SUBSTANTIAL RIGHTS BY ENTERING THIS FACILITY AND DO SO FREELY AND VOLUNTARILY WITHOUT ANY INDUCEMENT.
PARENT OR GUARDIAN LIABILITY WAIVER ON BEHALF OF MINOR:
I represent that I am duly qualified as the parent or legal guardian or authorized custodian the above listed persons (hereafter the “Minor”) and that I have the authority to execute this Agreement on behalf of the Minor. I further agree to be legally bound by the provisions of this Agreement and to indemnify and hold harmless the Releasees and Indemnified Parties for any claims that the Minor may now have or may arise in the future against any of The Released And Indemnified Parties arising on the Premises. I further agree that if it is determined that I am not the parent or legal guardian or legal custodian of the Minor, or that I did not have the authority to sign the Agreement on behalf of such Minor, I will nevertheless personally defend and indemnify the Releasees And Indemnified Parties for and from any Claim arising from Minor’s participation in activities at the Premises.
