This is an important legal agreement. Please allow yourself sufficient time to carefully read and understand the entire agreement.
BY CLICKING ON THE “I ACCEPT” BUTTON BELOW OR BY ACCESSING THE SERVICES PORTAL YOU (A) ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THIS AGREEMENT; (B) REPRESENT AND WARRANT THAT YOU HAVE THE RIGHT, POWER, AND AUTHORITY TO ENTER INTO THIS AGREEMENT AND, IF ENTERING INTO THIS AGREEMENT FOR AN ORGANIZATION, THAT YOU HAVE THE LEGAL AUTHORITY TO BIND THAT ORGANIZATION; (C) YOU ARE AT LEAST NINETEEN (19) YEARS OLD; (D) IF YOU ARE SIGNING ON BEHALF OF A MINOR, YOU ARE THE LEGAL GUARDIAN OR PARENT OF THAT MINOR AND YOU AGREE TO ACCEPT THESE TERMS ON BEHALF OF THE MINOR; AND (E) ACCEPT THIS AGREEMENT AND AGREE THAT YOU ARE LEGALLY BOUND BY ITS TERMS.
ASSUMPTION OF RISK, RELEASE OF LIABILITY AND INDEMNITY AGREEMENT
In consideration of Black Oak Partners LLC d/b/a “The Golf Studio” allowing me to enter and use its facilities I agree to the following:
Definitions:
As used below the following terms have a specific meaning:
Users: means the person signing the agreement and using the facilities; or if the person using the facilities is a minor, then the person signing the agreement or the user of the facilities.
Service Provider: The Golf Studio, or any of its employees, agents, vendors, contractors, affiliates, officers, directors, managers, and land owner.
- Assumption of Risk. Users know and understands the scope, nature, and extent of the risks involved in participating in indoor golf and that these risks include, but are not limited to: equipment malfunction; defective and/or negligent design and/or manufacture of equipment; carelessness and/or negligent instruction and/or supervision; negligent rescue operations; and being hit by a golf club, golf ball, or golf tee. Users agree that Service Provider is not responsible for these and other unexpected occurrences and that Users will play at their own risk and voluntarily, freely, and expressly choose to incur all risks associated with using Service Provider’s facilities, understanding that those risks may include personal injury, damage to property, and/or death.
- Rules & Security Cameras. Users agree to follow the courtesy and safety rules posted on The Service Provider’s website, which are intended to protect Users, User’s guests/invitees, and other patrons. Users acknowledge that the facilities are under video surveillance and that all activities therein will be recorded. Users agree that my membership and access to the facilities are contingent upon following the rules and may be terminated at any time for a violation thereof without financial compensation.
- Damages. Users agree to be responsible for any damages to the facilities caused by myself, my minor children, and my guests/invitees, including but not limited to cameras, computers, speakers, projector, lighting, training equipment, the Full Swing Simulator, furnishings, and the physical facilities themselves.
- Exemption and Release from Liability. Users herby exempt and release the following persons, corporations, and organizations: The Golf Studio and each of its directors, officers, agents, employees, representatives, agents, affiliates, contractors, land owners, and consultants, from any and all liability, claims, demands or actions or causes of action whatsoever arising out of any damage, loss or injury to me or my property, or my death, while upon the premises, WHETHER RESULTING FROM THE NEGLIGENCE AND/OR OTHER FAULT, EITHER ACTIVE OR PASSIVE, of any Service Provider, or from any other cause.IN NO EVENT SHALL SERVICE PROVIDER BE LIABLE TO USER OR TO ANY THIRD PARTY FOR ANY LOSS OF USE, REVENUE, OR PROFIT OR LOSS OF DATA OR DIMINUTION IN VALUE, OR FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, OR PUNITIVE DAMAGES WHETHER ARISING OUT OF A CLAIM FOR HARM, BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, REGARDLESS OF WHETHER SUCH DAMAGE WAS FORESEEABLE AND WHETHER OR NOT SERVICE PROVIDER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND NOTWITHSTANDING THE FAILURE OF ANY AGREED OR OTHER REMEDY OF ITS ESSENTIAL PURPOSE.IN NO EVENT SHALL SERVICE PROVIDER’S AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT, WHETHER ARISING OUT OF OR RELATED TO A CLAIM FOR HARM, BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, EXCEED THE AGGREGATE AMOUNTS PAID OR PAYABLE TO SERVICE PROVIDER PURSUANT TO THIS AGREEMENT.
- Covenant Not to Sue. Users agree never to institute any suit or action at law or otherwise against any of the Service Provider, or to initiate or assist in the prosecution of any claim for damages or cause of action which Users may have by reason of injury to my person or property, or my death, arising from the activities covered by this Agreement, WHETHER RESULTING FROM THE NEGLIGENCE AND/OR OTHER FAULT, EITHER ACTIVE OR PASSIVE, of any of the Service Provider, or from any other cause. Users further agree that all heirs, executors, administrators, personal representatives, and/or anyone else claiming on my behalf, shall not institute any suit or action at law or otherwise against any of the Service Provider, nor shall they initiate or assist the prosecution of any claim for damages or cause of action which I, my heirs, executors, administrators, personal representatives, and/or anyone else claiming on my behalf may have by reason of injury to my person or property, or my death, arising from activities covered by this Agreement, WHETHER RESULTING FROM THE NEGLIGENCE AND/OR OTHER FAULT, EITHER ACTIVE OR PASSIVE, of any of Service Provider, or from any other cause. Users hereby so instruct my heirs, executors, administrators, personal representatives and/or anyone else claiming on my behalf. Should any such suit or action at law or otherwise be instituted against any of the Service Provider, Users agree that such Service Provider shall be entitled to recover attorneys’ fees and costs incurred in defense of such suit or action, including any appeals therefrom.
- Indemnity Against Third Party Claims. Users agree to indemnify, save and hold harmless the Service Provider from any and all losses, claims, actions, or proceedings of every kind and character, including attorney’s fees and expenses, which may be presented or initiated by my guests and invitees, including minor children, and any other persons or organizations and which arise directly or indirectly from my participation in the activities covered by this Agreement, WHETHER RESULTING FROM THE NEGLIGENCE AND/OR OTHER FAULT, EITHER ACTIVE OR PASSIVE, of any of the Service Provider or from any other cause.
- Complete Defense. Users agree that this agreement may be pleaded as a complete defense to any action or proceeding that may be brought or instituted by me, my minor children, and/or my guests/invitees or by our respective heirs or legal representatives.
- Representations and Warranties. Users represent and warrant that they are physically fit, have sufficiently prepared or trained for participation in this activity, and have not been advised to not participate by a qualified medical professional. Users certify that there are no health-related reasons or problems that preclude their participation in any and all activities at the premises.
- Applicable Law. Users agree that the law of the State of Nebraska shall apply to issues involving the construction, interpretation, and validity of this Agreement and that Nebraska law shall govern any dispute between the parties arising from the activities contemplated by this Agreement.
- Waiver of Jury Trial and Venue. Should this agreement be violated and suit be brought against any of the Service Providers, each party waives their right to a jury trial, and Omaha, Douglas County, Nebraska shall be the venue for any such suit.
- Interpretation & Severability. Users agree that this agreement is intended to be as broad and inclusive as is permitted by the laws of the State of Nebraska and that should one or more provisions in this Agreement be judicially determined to be unenforceable, the remaining provisions shall continue to be binding and enforceable against each party.
- Acknowledgement. Users hereby acknowledge that Users have read all of the provisions above and fully understand the terms and conditions expressed herein and agree to be bound by such terms and conditions.
- Continuation of Obligations. Users agree that the terms and conditions of this agreement shall continue in full force and effect now and in the future, at all times that Users use the facilities.
- Force Majeure. Service Provider shall not be liable or responsible for Users’ inability to use the facility for any failure to the extent such failure or delay is caused by or results from acts beyond the Service Provider’s reasonable control, including, without limitation, : (a) acts of God; (b) flood, fire, earthquake, or explosion; (c) war, invasion, hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest; (d) government order, law, or actions; (e) embargoes or blockades in effect on or after the date of this Agreement; (f) national or regional emergency; (g) telecommunication breakdowns, power outages or shortages; and (h) other similar events beyond the reasonable control of the Service Provider.
I AM FULLY AWARE OF THE RISKS ASSOCIATED WITH GOLF AND INDOOR GOLF, PARTICULARLY AS THEY EXIST IN THE CONFINES OF AN ENCLOSED INDOOR AREA, AS BOTH A SPECTATOR AND A PARTICIPANT, INCLUDING THE POSSIBLE RECKLESS CONDUCT OF OTHER PARTICIPANTS AND SPECTATORS. I AGREE TO ACCEPT ANY AND ALL RISKS ASSOCIATED THEREWITH. BY MY PRESENCE AS A PARTICIPANT OR SPECTATOR AT THE PREMISES, AND/OR BY MY SIGNATURE BELOW, I AGREE AND CONSENT TO ALL OF THE TERMS OF THIS ASSUMPTION OF RISK, RELEASE OF LIABILITY, AND INDEMNITY AGREEMENT, AND DO SO OF MY OWN FREE WILL.