Liability Release Agreement
This Liability Release Agreement (the “Agreement”) is made and entered into on this [DATE] by and between The Ultimate Golf Membership and the undersigned participant (the “Participant”).
By checking the box on this Agreement, the Participant acknowledges that they have read, understood, and agree to the following terms and conditions:
1. Assumption of Risk
The Participant acknowledges and agrees that:
- Use of the golf simulator and associated equipment, including but not limited to golf clubs, balls, and any other provided facilities (collectively, the “Facilities”), involves inherent risks of physical injury or property damage.
- Risks include but are not limited to being struck by golf balls, contact with simulator components, slips, trips, falls, and misuse of equipment.
- The Participant knowingly and voluntarily assumes all risks, both known and unknown, associated with the use of the Facilities, whether caused by the actions of the Participant, other participants, or the Company.
2. Release of Liability
The Participant hereby releases, waives, discharges, and covenants not to sue [The Ultimate Golf Membership], its owners, employees, agents, contractors, affiliates, or any other representatives (collectively, the “Released Parties”) from any and all liability, claims, demands, actions, or causes of action that may arise from injuries, damages, or losses incurred by the Participant in connection with:
- The use of the Facilities.
- Participation in any events, lessons, or activities offered by the Company.
- Any negligence, omission, or wrongful act by the Released Parties.
This release is intended to be as broad and inclusive as permitted by applicable law.
3. Indemnification
The Participant agrees to indemnify, defend, and hold harmless the Released Parties from any and all claims, liabilities, damages, expenses, and costs (including reasonable attorney’s fees) arising from:
- The Participant’s use of the Facilities.
- Any violation of this Agreement.
- Any injury or damage caused to third parties by the Participant during the use of the Facilities.
4. Acknowledgement of Safety Rules
The Participant agrees to:
- Follow all safety guidelines, instructions, and rules provided by the Company.
- Wear appropriate footwear and attire while using the Facilities.
- Use equipment in a safe and responsible manner.
- Immediately report any equipment malfunctions or hazards to the Company’s staff.
- Refrain from reckless or dangerous behavior, including but not limited to, swinging golf clubs in non-designated areas, or attempting to operate simulators without prior instruction or assistance.
Failure to comply with these safety rules may result in suspension or termination of the Participant’s use of the Facilities without refund.
5. Health & Physical Condition
The Participant affirms that they are in good physical condition and have no known medical conditions that would prevent them from safely participating in golf simulator activities. The Participant agrees that they are solely responsible for any health-related issues that may arise due to the use of the Facilities.
6. Equipment Damage
The Participant agrees to use all equipment provided by the Company in a safe and reasonable manner. The Participant will be held financially responsible for any damage to the Facilities or equipment caused by their negligence, misuse, or intentional acts.
7. Alcohol & Substance Use
The Participant acknowledges that alcohol consumption may be permitted within designated areas, but agrees to consume responsibly. The Participant agrees not to use the Facilities while under the influence of alcohol, illegal drugs, or any substance that may impair their ability to operate the equipment safely. Any participant found to be intoxicated or under the influence will be asked to leave without refund and may be held responsible for any damages caused.
8. Minors
If the Participant is a parent or legal guardian signing on behalf of a minor, the parent/guardian agrees to the terms of this Agreement and accepts full responsibility for the actions and safety of the minor. The parent/guardian agrees to indemnify and hold harmless the Released Parties from any claims, actions, or damages arising out of the minor’s participation in activities at the Facilities.
9. Photography & Media Release
The Participant grants the Company permission to use photographs, video, or other media taken during their use of the Facilities for promotional purposes, including but not limited to marketing materials, social media, and website content. The Participant agrees that no compensation will be provided for such use.
10. Governing Law
This Agreement shall be governed by and construed in accordance with the laws of the state of [Florida], without regard to its conflict of law principles. Any disputes arising out of this Agreement shall be resolved in the appropriate courts located in [Orlando, Florida].
11. Severability
If any provision of this Agreement is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.
12. Entire Agreement
This Agreement constitutes the entire agreement between the Participant and the Company regarding the use of the Facilities and supersedes any prior written or oral agreements between the parties. No amendment or modification of this Agreement will be effective unless it is in writing and signed by both parties.