Five Iron Golf Waiver and Release of Liability
Preamble and Scope of Waiver
I acknowledge that I have read this Waiver & Release of Liability and understand that it is a RELEASE OF LIABILITY in favor of Sunshine Coral Gables, LLC; Endrock Ventures, LLC; The Range NYC LLC; Five Iron Golf Franchising LLC, and each of their respective officers, directors, owners, investors, managers, members, employees, agents, independent contractors, volunteers, affiliates, subsidiaries, insurance carriers, suppliers, successors, and assigns (collectively, the “Company”) that is binding on myself and my spouse, parents/legal guardians, heirs, executors, administrators, and assigns. This Waiver & Release of Liability applies to today and each time I (1) enter Company premises; (2) use Company facilities or equipment; or (3) participate in Company services or instruction in the future.
If I am signing on behalf of a participant under 18 years old (a "Minor Participant"), I represent that I have legal authority to do so, and this Waiver & Release of Liability applies to the Minor Participant as set forth in Section 8 below.
1. Assumption of Risk
1.1. I understand that my use of Company facilities, equipment, premises, and/or services will be undertaken at my sole risk. I ASSUME ALL RISK of injury, illness, damage, or loss to myself (including serious injury, severe illness, illness related to pandemic or epidemic, or death) or my property that might result from such participation and/or use, including any loss or theft of personal property. I represent that I am physically capable of participating in the activities and services provided by Company and am responsible for obtaining any medical clearance I may need before participating.
1.2. I understand that the activities offered by Company (including, without limitation, golf, bowling, darts, ping pong, racing simulators, and any other recreational, entertainment, sports, fitness, or simulator-based activities offered at Company premises now or in the future) can be inherently strenuous, dangerous, and subject to great risk of injury, including serious injury, severe illness, or death, and I expressly assume the responsibility for such inherent risk. I understand that the activities offered by Company may change from time to time, and I agree that this Waiver & Release of Liability applies to all such activities regardless of whether they were offered at the time I signed this document.
1.3. I acknowledge that Company may serve alcoholic beverages on its premises. I assume all risk associated with my consumption of alcohol while on Company premises, including any increased risk of injury arising from participating in any activity offered by Company while under the influence of alcohol. I agree that my voluntary consumption of alcohol does not diminish or limit the force and effect of any provision of this Waiver & Release of Liability.
(a) Bowling: slipping or falling on or near bowling lanes, approaches, or surrounding areas; hand, finger, wrist, or arm injuries from gripping, releasing, or dropping bowling balls; back, shoulder, or joint strain; and injuries caused by contact with bowling balls, pins, pin-setting equipment, ball return mechanisms, or other participants.
(b) Darts and thrown-object activities: puncture, laceration, or impact injuries from darts or other projectiles; injuries from ricochets, deflections, or errant throws; and injuries resulting from proximity to throwing areas or retrieval of darts or projectiles.
(c) Racing simulators and motorsport simulator activities: motion sickness, nausea, dizziness, or disorientation caused by simulated motion or visual effects; seizures or adverse reactions triggered by flashing lights, strobing effects, or rapid on-screen imagery; injuries sustained while entering, exiting, or being seated in simulator rigs, seats, or cockpits; and injuries caused by equipment malfunction, sudden stops, or contact with other participants or simulator components.
(d) Any other activity offered by Company: any risk inherent in or associated with recreational, entertainment, sports, fitness, or simulator-based activities, whether or not specifically described above.
I acknowledge these risks, voluntarily accept them, and assume full responsibility for any injury, illness, or loss arising from my participation.
2. Express Waiver and Release of Liability (Including for Company Negligence)
2.1. In consideration for being allowed to enter Company premises and/or participate in activities there, I agree that Company will not be liable for any claims, demands, injuries, loss, liability, damages, costs, expenses, actions, or causes of action whatsoever in respect of myself or my property (including lost or damaged personal possessions), arising out of or connected with the use of any of the facilities, equipment, premises, and/or services of Company. I, ON BEHALF OF MYSELF AND MY HEIRS, EXECUTORS, ADMINISTRATORS, AND ASSIGNS, HEREBY EXPRESSLY RELEASE AND DISCHARGE AND COVENANT NOT TO SUE COMPANY from any and all such claims, notwithstanding the actions, omissions, or negligence of Company.
2.2. Without limiting the generality of Section 2.1 or the assumption of risk in Section 1, I agree that Company will not be liable or responsible for any injury to me (including, without limitation, serious injury, severe illness, illness related to pandemic or epidemic, or death) which may occur as a result of the following, regardless of Company’s actions, omissions, and/or negligence:
(a) My entry onto and presence on Company premises, use of any amenities and/or equipment, and participation in any activity, class, program, and/or instruction provided by Company, including exposure to other individuals;
(b) The sudden and unforeseen malfunctioning of any amenities and/or equipment provided by Company or on Company premises;
(c) Company instruction, training, supervision, or dietary recommendations;
(d) My slipping and/or falling while in the facility or on Company’s premises, including, but not limited to, adjacent sidewalk areas, stairs, and elevators; and
(e) My participation in any activity, program, or service offered by Company, whether or not specifically described in this Waiver & Release of Liability.
3. Indemnification
3.1. I AGREE TO INDEMNIFY, REIMBURSE, AND HOLD HARMLESS Company against any claims (including, without limitation, for damages and any legal costs and expenses) arising out of or connected to my use of any of the facilities, equipment, premises, and/or services of Company, including but not limited to the following:
(a) Claims made by me, my parent(s)/legal guardian(s), or others arising out of or connected to an injury (including, without limitation, serious injury, severe illness, illness related to pandemic or epidemic, or death) to me; and/or
(b) Claims of co-participants, rescuers, or others arising out of or connected to my conduct at Company premises or using Company facilities, equipment, premises, and/or services.
4. Safety Rules
4. By 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:
(a) All individuals must hit from the mat only and aim toward the golf simulator screen. Only the individual taking a turn may stand on the mat; all others must stay behind the designated mat boundary. Individuals must not throw golf balls.
(b) All individuals must follow all Company guidelines and preventative measures to reduce the spread of communicable illness.
(c) All individuals participating in bowling must remain behind the foul line during play and must not step onto the bowling lane surface. Individuals must use only Company-provided bowling equipment, select bowling balls appropriate to their size and ability, and must not interfere with pin-setting or ball return mechanisms.
(d) All individuals participating in darts must throw only from designated throwing positions and must ensure the throwing area is clear before retrieving darts. Individuals must not stand in or cross through active throwing lanes.
(e) All individuals must follow all posted rules, signage, and Company staff instructions specific to each activity area, including, without limitation, simulator bays, bowling lanes, dart throwing areas, and any other designated activity zones. Activity-specific rules may be updated from time to time and are incorporated into this Waiver & Release of Liability by reference.
(f) All individuals must immediately notify Company staff if they experience motion sickness, nausea, dizziness, disorientation, visual disturbances, or any other adverse physical reaction while using a racing simulator and must cease use of the simulator promptly.
(g) Individuals with a history of epilepsy, seizure disorders, photosensitivity, heart conditions, back or neck injuries, or other medical conditions that may be exacerbated by simulated motion, flashing lights, or sustained physical positioning should not participate in racing simulator activities without prior medical clearance.
5. Injuries
5.1. I will immediately report any accident or injury suffered in Company’s facilities to a staff person and will provide a written report from my doctor within a reasonable time upon request.
5.2. I authorize emergency medical care and assume all related costs.
6. Property Damage
6. I agree to pay for damage to Company equipment and premises and third party property caused by me and/or my guest’s (or guests’) careless use of equipment or other intentional or negligent acts.
7. Permission to Use Likeness
7. I grant Company permission to use my likeness in photographs and video in any and all of its publications and in any and all other media, in perpetuity, and for other use by Company. I will make no monetary or other claim against Company for the use of such photographs and video.
8. Minor Participants
8.1. If the participant is under 18 years old (“Minor Participant”), the undersigned parent or legal guardian represents that he or she has legal authority to sign on behalf of the Minor Participant and acknowledges and agrees to assume all risks, responsibilities, and liabilities related to the Minor Participant’s entry onto Company premises and use of Company facilities and/or equipment.
8.2. Sections 1 through 7 of this Waiver & Release of Liability apply in full to the Minor Participant, and I expressly assume all risk of the Minor Participant's injury or loss, release Company from all liability for any such injury or loss (regardless of whether caused by Company negligence), and agree to indemnify, reimburse, and hold harmless Company against any claims arising out of or connected to the Minor Participant's use of any of the services, facilities, equipment, and/or premises of Company.
8.3. Participants under the age of 16 must be accompanied and supervised by a parent or legal guardian at all times (including in the restrooms). Children under the age of 16 may not be dropped off at Company premises without a parent or legal guardian’s supervision. The parent or legal guardian is responsible for ensuring that the Minor Participant follows all safety rules. The Company is in no way responsible for supervising minors. Notwithstanding the foregoing, participants under the age of 16 are strictly prohibited from operating racing simulators under any circumstances, regardless of parental or guardian consent or supervision. Participants aged 16 or 17 may operate racing simulators only with the prior written consent of a parent or legal guardian, which must be provided at the time of check-in.
9. Severability
9. If any part of this Waiver & Release of Liability is found to be invalid or unenforceable, the remainder of the Waiver & Release of Liability will remain in full force and effect.
10. Integration
10. I understand and agree that no oral or written communications can or will alter the contents of this Waiver & Release of Liability.
11. Governing Law and Venue
11. This Waiver & Release of Liability is governed by the laws of the State of Florida, without regard to its conflict-of-laws principles. Any litigation or proceeding arising out of or relating to this Waiver & Release of Liability shall be brought exclusively in the state or federal courts located in Miami-Dade County, Florida, or, at Company's sole election, in the state or federal courts in the jurisdiction where the applicable Company facility is located. Each party irrevocably consents to the personal jurisdiction of such courts and waives any objection based on inconvenient forum.
12. Payment, Refund, and Cancellation Policy
12. Payment for all products, services, and special programs is required in full at the point of sale. All sales are final, all payments for products, services, and special programs are non-refundable, and services are non-transferable. Company reserves the right to terminate an individual’s enrollment in any program or membership at any time. If such termination is due, in the sole judgment of Company, to the unsafe, disruptive, uncooperative, negligent, reckless, or otherwise improper acts or omissions of, or violation of any policy or rule of Company by, the client, all amounts previously paid will be forfeited.
13. Dispute Resolution; Arbitration; Class Action Waiver
13.1. Except as set forth in Section 13.3 below, any dispute, claim, or controversy arising out of or relating to this Waiver & Release of Liability, or to my entry onto Company premises, use of Company facilities or equipment, or participation in Company services or activities (collectively, a "Dispute"), shall be resolved exclusively by final and binding arbitration administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules then in effect. The arbitration shall be conducted by a single arbitrator in New York County, New York, or, at Company's sole election, in the jurisdiction where the applicable Company facility is located. The arbitrator shall apply the governing law set forth in Section 11, and each party shall bear its own costs and attorneys' fees unless the arbitrator determines otherwise in accordance with applicable law.
13.2. CLASS ACTION WAIVER: I AGREE THAT ANY DISPUTE SHALL BE BROUGHT SOLELY IN MY INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, REPRESENTATIVE, OR CONSOLIDATED ACTION OR PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON'S CLAIMS AND MAY NOT PRESIDE OVER ANY FORM OF CLASS, COLLECTIVE, OR REPRESENTATIVE PROCEEDING.
13.3. If the class action waiver in Section 13.2 is found to be unenforceable with respect to a particular Dispute, then the entirety of this Section 13 shall be deemed void with respect to that Dispute only, and such Dispute shall be resolved in a court of competent jurisdiction in accordance with Section 11.
Acknowledgment and Signature Block
By signing this Waiver & Release of Liability, I acknowledge that I have read this Waiver & Release of Liability and understand all of its terms. I execute this Waiver & Release of Liability voluntarily and with full knowledge of its significance. I fully understand that I am hereby relinquishing substantial legal rights, including the right of financial recovery for injury, whether the injury results from the inherent risks of the activity or from the ordinary negligence of Company. I expressly agree that this Waiver & Release of Liability shall be binding upon myself, my spouse, parents/legal guardians, heirs, executors, administrators, and assigns (or, if signing on behalf of a Minor Participant, I represent that I have legal authority to do so and expressly agree that this Waiver & Release of Liability shall be binding upon the Minor Participant and the Minor Participant’s parents/legal guardians, heirs, executors, administrators, and assigns).
Name of Participant or Parent/Legal Guardian (if Participant is under 18 years old)
Minor Participant’s Name (if applicable) <CHILDFIRSTNAME> <CHILDLASTNAME>
Minor Participant’s Name (if applicable) <CHILDFIRSTNAME> <CHILDLASTNAME>
Minor Participant’s Name (if applicable) <CHILDFIRSTNAME> <CHILDLASTNAME>
Minor Participant’s Name (if applicable) <CHILDFIRSTNAME> <CHILDLASTNAME>
Minor Participant’s Name (if applicable) <CHILDFIRSTNAME> <CHILDLASTNAME>
Minor Participant’s Name (if applicable) <CHILDFIRSTNAME> <CHILDLASTNAME>
Minor Participant’s Name (if applicable) <CHILDFIRSTNAME> <CHILDLASTNAME>
Minor Participant’s Name (if applicable) <CHILDFIRSTNAME> <CHILDLASTNAME>
Minor Participant’s Name (if applicable) <CHILDFIRSTNAME> <CHILDLASTNAME>
Minor Participant’s Name (if applicable) <CHILDFIRSTNAME> <CHILDLASTNAME>
Signature of Participant or Parent/Legal Guardian
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