Terms & conditions

WAIVER AND RELEASE AGREEMENT

I, the undersigned, and/or the minor participant (“Participant”) wish to use the facilities and participate in activities provided by SWING CENTRAL GOLF CLUB LLC dba SWING CENTRAL GOLF CLUB; specifically participating and/or spectating in golf simulation (the “Activity”).  By signing this waiver, I acknowledge and agree to the following terms:

Capacity to Sign:  I am at least 18 years old, and I am legally competent to understand and complete this Agreement.  I hereby execute this Agreement without coercion.  I represent that I am the parent or legal guardian of the minor participant, if any, identified below.  The Participant(s) are of physical ability to participate in the Activity.

Assumption of Risk:  I acknowledge that using the indoor golf simulator studio, facilities, equipment, training facilities, participating in physical exercise, participating in the Activity, and spectating the Activity involves inherent risks, including but not limited to: physical injury, strain, discomfort, psychological injury, and the possibility of serious injury or death.  I, for myself and the minor participant, hereby assume all risks and responsibility for any injuries or other medical incidents.  I, for myself and the minor participant, assume all risks of injuries associated with my participation in the Activity including, but not limited to, falls, contact with other participants, conditions related to the Activity, and all other such risks inherent in such Activity.  I, for myself and the minor participant, hereby state that I am voluntarily participating in the Activity, and I am participating at my own risk with full knowledge of the potential risks.

Waiver and Release:  I, for myself and the minor participant,  hereby release, waive, discharge, and agree not to sue SWING CENTRAL GOLF CLUB LLC dba SWING CENTRAL GOLF CLUB, its employees, representatives, affiliates, or agents from any clams, demands, liabilities, rights, damages, expenses, and causes of action of any nature arising from my use of the facilities and my participation in the activity whether caused by the actions and/or negligence of SWING CENTRAL GOLF CLUB LLC dba SWING CENTRAL GOLF CLUB or otherwise.  

Medical Representation:  I represent that I and the minor participant are physically fit to use the studio, facilities, and participate in physical exercise and the Activity.  I nor the minor participant have any medical condition that would prevent safe participation.  If I or the minor participant have any medical conditions or concerns, I have consulted with a healthcare provider and obtained clearance to participate.

Rules and Regulations:  I, for myself and the minor participant, agree to abide by all rules, regulations, and policies of SWING CENTRAL GOLF CLUB LLC dba SWING CENTRAL GOLF CLUB, including proper use of equipment, following safety guidelines, and respecting other members and staff.  I understand and agree that all children 10 years old and younger shall require adult supervision to participate in the Activity.  I agree that I and the minor participant shall comply with all posted safety signs, rules, and verbal instructions from Swing Central staff as a condition for our presence and participation in any activities of any nature at SWING CENTRAL GOLF CLUB LLC dba SWING CENTRAL GOLF CLUB.

Indemnification:  I, for myself and the minor participant, agree to indemnify and hold harmless SWING CENTRAL GOLF CLUB LLC dba SWING CENTRAL GOLF CLUB and its affiliates, employees, representatives, employees, or agents against any and all claims, suits, or actions of any kind whatsoever for liability, damages, compensation or otherwise brought by me or anyone on my behalf, including attorney’s fees and any related costs.

Consent to Medical Treatment:  I, for myself and the minor participant, hereby consent to receiving any necessary medical treatment resulting from my use of the facilities, participation in the Activity, and agree to bear all costs associated with such treatment.

Acknowledgement:  I have read this Wavier and Release Agreement, understand its contents, and agree to be bound by its terms.  I understand that I am giving up substantial legal rights by signing this document, including the ability to bring any legal action against SWING CENTRAL GOLF CLUB LLC dba SWING CENTRAL GOLF CLUB for personal injury or property damage for injuries sustained at the facility whether participating in the Activity or spectating the Activity, whether resulting from my actions or the actions of SWING CENTRAL GOLF CLUB LLC dba SWING CENTRAL GOLF CLUB.

THIS WAIVER AND RELEASE OF LIABILITY SHALL REMAIN IN EFFECT FOR THE DURATION OF MY PARTICIPATION IN THE ACTIVITY AND ALL TIMES WHILE I AM AT THE FACILITY, DURING THIS INITIAL AND ALL SUBSEQUENT EVENTS OF PARTICIPATION.