terms and conditions

In consideration for receiving permission to use, participate and enjoy Swing365, LLC (hereinafter called “Swing365) facilities, services, and property, I as well as any minor or minors I am supervising, agree to abide by the following policies in this agreement (hereinafter called “AGREEMENT”).

RULES OF CONDUCT: I hereby agree to read and obey all rules and warnings posted on the premises, as well as any oral instruction given by Swing365, and/or its employees, representatives, and/or agents.

ASSUMPTION OF RISK: I am fully aware of the risks and hazards connected with being on these facilities and participating in indoor golf, and I am fully aware that there may be risk and hazards unknown to me connected with being on said facilities and participating in indoor golf, and I hereby elect to voluntarily participate in indoor golf, to enter upon these facilities and engage in activities knowing that conditions may be hazardous or dangerous to me and/or my property. I voluntarily assume full responsibility for any risks of loss, property damage or personal injury, including death, that may be sustained by me, or any loss or damage to property owned by me, as a result of me being on these facilities, whether caused by the negligence of Swing365 or otherwise.

INDEMNIFICATION: I hereby release, waive, discharge and covenant not to sue Swing365, its officers, servants, agents, and employees, and/or its successors, if any, from any and all liability, claims, demands, actions and causes of action whatsoever arising out of or relating to any loss, damage, or injury, including death, that may be sustained by me, or to any property belonging to me, whether caused by any purported negligence of Swing365 or otherwise, while participating in indoor golf, or any other activity authorized by Swing365. I further hereby agree to indemnify, save and hold Swing365 harmless from any loss, liability, damage or costs incurred by any other persons, organizations, or entities due to my participation in indoor golf, or any other activity authorized by Swing365, whether caused by the negligence of Swing365, or otherwise. It is my express intent that this AGREEMENT shall bind the members of my family and spouse, if I am alive, and my heirs, assigns and personal representative, if I am deceased, and shall be deemed as a Release, Waiver, Discharge and Covenant not to sue Swing365.

PAYMENT FOR DAMAGES: I hereby agree to pay for any and all damages to the facilities and/or any employees, representatives, and/or agents of Swing365, which result from any negligent, reckless, or willful actions by myself or any minor I am supervising.

MEDICAL AUTHORIZATION: In the event of an injury to either myself or any minor I am supervising during the participation of indoor golf, or any other activity authorized by Swing365, I give permission to Swing365 and/or its employees, representative and/or agents, to arrange for all necessary medical treatment for which I shall be financially responsible. This temporary authority will begin on the date herein below signed and shall remain in effect until terminated in writing by myself or at the completion of indoor golf, or any other activity authorized by Swing365.

CHOICE OF LAW: I agree that this AGREEMENT, and all claims or causes of action (whether in contract, tort or statue) that may be based upon, arise out of or relate to this AGREEMENT, shall be governed by, and enforced in accordance with, the internal laws of the State of Nebraska, including its statutes of limitations.

SEVERANCE: I agree that if any of the provisions of this AGREEMENT shall be held to be invalid or unenforceable for any reason, the remaining provisions shall continue to be valid and enforceable. If a court finds any provision of this AGREEMENT to be invalid or unenforceable, but that by limiting such provision it would become valid or enforceable, then such provision shall be deemed to be written, construed, and enforced as so limited.

By accepting these terms and conditions, I acknowledge and represent that:

  1. I have read the foregoing release, understand it, and sign it voluntarily as my own free act and deed;
  2. No oral representation, statements or inducements, apart from the foregoing written agreement, have been made.
  3. I am at least eighteen (18) years of age (or if applicable, nineteen (19) years of age in states where the adult age is nineteen (19)) and fully competent; or I am under the supervision of a fully competent adult and my parent/guardian has affixed his/her signature to this form.
  4. I execute this Release for full, adequate and complete consideration fully intending to be bound by same.
  5. I have read and will abide by the following GOLF BAY RULES AND REGULATIONS:
  6. Each turfed area reserved for participation in indoor golf is hereby referred to as the Golf Bay.
  7. No tobacco products, drugs, or persons who have been consuming those items will be allowed in the Golf Bay.
  8. Minors must be supervised by an adult over the age of Eighteen (18) years of age (or if applicable, nineteen (19) years of age in states where the adult age is nineteen (19)) at all times while on the premises, unless specific special permissions have been given by Swing365 and/or its employees. ONLY equipment authorized by Swing365 shall be used inside the Golf Bay.
  9. Participants in indoor golf may provide their own equipment, at the discretion of Swing365 and/or its employees.
  10. Swing365 reserves the right to inspect equipment brought by participants at any time while it is on Swing365 premises.
  11. Only persons who actively participating in indoor golf activities or guests are allowed inside the Golf Bay.
  12. Only equipment in good working condition is allowed inside the Golf Bay (Participant is held accountable).
  13. All golf shots shall be aimed at the hitting screens and nowhere else on the premises.
  14. Swinging of golf clubs outside of the Golf Bay is prohibited.

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