RELEASE OF LIABILITY, ASSUMPTION OF RISK, WAIVER OF CLAIMS & INDEMNIFICATION AGREEMENT
NOTICE – BY SIGNING THIS DOCUMENT YOU MAY BE WAIVING CERTAIN LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE.
Release and Waiver of Claims; Assumption of the Risk; Indemnification Agreement
In consideration of being allowed to use the facilities and participate in simulated golf, mini golf, bocce ball and other activities (collectively the “Activities”) provided by Fairway Social Alpharetta, LLC (the “Host” or “Fairway Social”), the Participant, and the Participant’s parent(s) or legal guardian(s) if the Participant is a minor, do hereby agree, to the fullest extent permitted by law, as follows:
1) TO WAIVE ALL CLAIMS that they have or may have against the Host arising out of the Participant’s participation in the Activities or the use of any equipment provided by the Host (“Equipment”), including while receiving instruction and/or training;
2) TO ASSUME ALL RISKS of participating in the Activities and using the Equipment, even those caused by the negligent acts or conduct of the Host, it’s agents, owners, members, managers, officers, directors, principals, volunteers, participants, clients, customers, invitees, employees, manufacturers, subsidiaries, independent contractors, insurers, facility operators, land and/or premise owners, and any and all other persons and entities acting in any capacity on its behalf. The Participant and his/her parent(s) or legal guardian(s) understand that there are inherent risks of participating in the Activities and using the Equipment, which may be both foreseen and unforeseen and include serious physical injury and death;
a. I represent that: I am not currently experiencing (and have not experienced for the last14 days) any symptom of illness possibly related to COVID-19, such as cough, shortness of breath or difficulty breathing, fever, chills, repeated shaking with chills, muscle pain, headache, sore throat, or loss of taste or smell; I have not traveled to areas of high infection of COVID-19 within the last 14 days; I do not believe I have been exposed to someone with a suspected and/or confirmed case of COVID-19 in the last 14 days; I have not been diagnosed with COVID-19 and not yet cleared as non-contagious by state or local public health authorities; and I am following all CDC recommended guidelines as much as possible and limiting my exposure to COVID-19.
b. I acknowledge the contagious nature of COVID-19; that Company has put in place preventative measures to reduce the spread of COVID-19 (and related illnesses); and that even so, Company cannot guarantee that I will not become infected with COVID-19.
3) TO RELEASE the Host, its owners, affiliates, members, managers, operators, employees, agents, and officers from all liability for any loss, damage, injury, death, or expense that the Participant (or his/her next of kin) may suffer, arising out of his/her participation in the Activities and/or use of the Equipment, including while receiving instruction and/or training. The Participant and his/her parent(s) or legal guardian(s) specifically understand that they are releasing any and all claims that arise or may arise from any negligent acts or conduct of the Host, its owners, affiliates, operators, employees, agents, and/or officers, to the fullest extent permitted by law. However, nothing in this Agreement shall be construed as a release for conduct that is found to constitute gross negligence and willful or intentional conduct; and
4) TO INDEMNIFY the Host, its owners, affiliates, operators, employees, agents, and/or officers, from all liability for any loss, damage, injury, death, or expense that the Participant (or his/her next of kin) may suffer, arising out of participation in the Activities and/or use of the Equipment, including while receiving instruction and/or training.
Upon entering any Company facility, I agree to abide by the following safety rules, as well as other safety rules communicated or posted at the facility and/or online:
- All individuals must hit from the mat only (i.e., individuals must not swing golf clubs while standing off of the mat) and must aim toward the golf simulator screen. Only one person in front of the yellow line at a time.
- Only the individual who is taking a turn may stand on the mat. All other players, spectators, and other individuals must stay behind the designated mat boundary.
- All individuals under the age of 16 must be supervised by an adult while on Company premises.
- All individuals must use common sense and be mindful of their circumstances/surroundings to avoid injuring other persons or property. No HORSEPLAY is allowed on the premises.
- All individuals must follow all Company guidelines and preventative measures to reduce the spread of COVID-19 (and related illnesses).
I agree to pay for damage to Company equipment and premises and third-party property caused by me and/or my guests (or guests’) careless use of equipment or other intentional or negligent acts.
Participant and his/her parent(s) or legal guardian(s) hereby grants to the Host, its representatives, and employees the right to take photographs/videos of Participant in connection with Participant’s participation in the Activities. Participant hereby authorizes the Host to copyright, use, and publish the same in print and/or electronically. Participant hereby agrees that the Host may use such photographs and video recordings of Participant for all purposes, in any manner and all media now or hereafter known, in perpetuity throughout the world, without restraint, without restriction as to alteration. Participant and his/her parent(s) or legal guardian(s) waives any right to inspect or approve the use of the photograph and/or video recording, and acknowledge and agree that the rights granted to this release are without compensation of any kind.
The Participant and his/her parent(s) or legal guardian(s) certify that Participant has no physical or mental condition that precludes him/her from participating in the Activities and that he/she is not participating against medical advice.
The Participant and his/her parent(s) or legal guardian(s) understand that Participant’s participation in the Activities is voluntary and further understand that they have the opportunity to inspect the Host’s Equipment and facilities before any participation.
The Participant and his/her parent(s) or legal guardian(s) understand that Participant is obligated to follow the rules of the Activities and that he/she can minimize his/her risk of injury by doing so and through the exercise of common sense and by being aware of his/her surroundings.
If, while participating in the Activities, the Participant or his/her parent(s) or legal guardian(s) observe any unusual hazard or condition, which they believe jeopardizes Participant’s personal safety or that of others, Participant and/or his/her parent(s) or legal guardian(s) will remove Participant from participation in the Activities and immediately bring said hazard or condition to the attention of the Host.
The Participant and his/her parent(s) or legal guardian(s) promise to indemnify Host for any attorney’s fees and/or cost incurred to enforce this agreement, including all costs associated with any collection efforts. Further, should any debt or judgment accrue in favor or Host, pre-judgment and post-judgment interest shall accrue thereon at a rate of 18% per annum.
The Participant and his/her parent(s) or legal guardian(s) certify that we have adequate insurance to cover any injury or damage that may be caused or suffer while participating in the Activities, or agree to bear the cost of such injury or damage the Participant or others and further certify that I am willing to assume the risk of any medical or physical condition that I or my child(ren)/ward(s) have.
The Participant and his/her parent(s) or legal guardian(s) understands and acknowledges that this agreement extends forever into the future and will have full force and legal effect each and every time Participant (including but not limited to child(ren)/ward(s)) visit Fairway Social, whether at the current location or any other location or facility.
In the even a lawsuit is filed against Host, Participant and his/her parent(s) or legal guardian(s) agree to the sole and exclusive venue of Fulton County, further agree that the substantive law of Georgia shall apply without regard to any conflict of law rules. Participant and his/her parent(s) or legal guardian(s) also agree that to the extent that any portion of this Agreement is deemed to be invalid under the law of the applicable jurisdiction, the remaining portions of the Agreement shall remain binding and available for use by the Host and its counsel in any proceeding. Any controversy between the parties hereto involving any claim arising out of, or relating to a breach of this agreement shall be submitted to and be settled by final and binding arbitration in Fulton County, Georgia, in accordance with the then current Commercial Arbitration Rules of the American Arbitration Association.
As a condition to participate in the Activities using Equipment offered by Host, Participant agrees to adhere and follow all Participant rules set forth below, which are also posted at the check-in station and at each bay.
I HAVE READ AND UNDERSTAND THIS AGREEMENT, ACKNOWLEDGE THE FOREGOING PARTICIPANT RULES AND I AM AWARE THAT BY SIGNING THIS AGREEMENT I MAY BE WAIVING CERTAIN LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE.
ENTER NON-MINOR OR PARENT/LEGAL GUARDIAN PARTICIPANT’S INFORMATION BELOW: