Player understands that participation in any of the activities now available or that may become available at Turf’s Up OBX LLC (“Turf’s Up OBX”) in their various forms, as well as preparation for participation in, coaching, volunteering, and all other aspects involved with these activities (“collectively referred to hereinafter as “Activities”) are inherently dangerous activities involving many RISKS, DANGERS, AND HAZARDS. These risks, dangers and hazards include, but are not limited to: physical strain, collisions with objects, falling, Players, people or structures being struck by other Players or objects, broken or other equipment failure, the actions of other Players including negligence or inexperience of the Player’s partner(s) or players on their team or an opposing team, or injury resulting from other Players or their Guests using the Facilities, overuse injuries, the aggravation of pre-existing conditions, or other foreseeable or unforeseeable events or circumstances. I understand that INJURIES OF ALL TYPES ARE A COMMON AND ORDINARY OCCURANCE of the Activities. I know that the risk of SEVERE INJURY and even DEATH exists in the participation of the Activities. I also understand that maintenance of the Facility and equipment, training, coaching, instruction, supervision, enforcement or lack thereof of any rules or regulations, game settings, or any added safety measures (hereinafter “Associated Activities”) by Turf’s UP OBX, its subsidiaries, affiliates, officers, directors, employees, volunteers, agents, coaches, instructors, contractors, representatives, competition organizers and sponsors, and equipment providers do not and cannot guarantee my safety.
Player hereby represent that I am fit and suffer from no adverse health condition or effect that would limit my ability to participate in any Activities offered by Turf’s UP OBX. I Player hereby represent that any of my own equipment that I use at the Facility is safe and in no way shall Turf’s UP OBX be liable for any damages caused to myself or a third party for any failure of any such equipment. Player hereby represent that I have conducted a thorough visual inspection of the Facility and equipment I will be using and I am aware of any potential hazards associated with the Facility and/or such equipment. With full knowledge and understanding of the RISK OF SEVERE INJURY AND DEATH involved in the Activities and the Associated Activities, I FREELY AND VOLUNTARILY ACCEPT AND FULLY ASSUME THE RISK THAT I MAY SUFFER TEMPORARY, PERMANENT, OR EVEN FATAL INJURIES, even if I follow the instructions or advice of Turf’s UP OBX.
In consideration of admission to and/or use of the Facility, and in spite of the risk of severe or permanent injury or even death, the undersigned agrees as follows:
Player hereby unconditionally WAIVE AND RELEASE ANY AND ALL CLAIMS AND CAUSES OF ACTION OF ANY KIND OR NATURE AGAINST TURF’S UP OBX, AND ANY MANUFACTURERS OR DISTRIBUTORS OF EQUIPMENT USED BY TURF’S UP OBX, RELATED IN ANY WAY TO THE ACTIVITIES OR THE ASSOCIATED ACTIVITIES. THIS WAIVER AND RELEASE INCLUDES BUT IS NOT LIMITED TO ANY SUCH CLAIMS OR CAUSES OF ACTION, present or future, related to injury or damage to Player, his/her property, or to any other person or property, for any loss, damage, expense or injury including DEATH suffered by any person from or in connection with a Player or Guest engaging in any Activities and from any associated Activities, due to any cause whatsoever, INCLUDING NEGLIGENCE and/or breach of any express or implied warranty on the part of TURF’S UP OBX.
Player agrees to hold harmless, defend and indemnify Turf’s UP OBX from any claim or action, present or future, related to injury or damage to Player, his/her property, or to any other person or property, for any loss, damage, expense or injury including DEATH suffered by any person from or in connection with Player ’s participation in any Activities and from Associated Activities, due to any cause whatsoever including negligence and/or breach of express or implied warranty on the part of Turf’s UP OBX.
Player hereby RELIEVES TURF’S UP OBX OF ANY DUTY TO PROTECT PLAYER FROM HARM in connection with any Activities or Associated Activities in which Turf’s UP OBX is involved in any way.
In the event Player or their Guest does suffer any type of damages or injury, Player shall notify Turf’s UP OBX immediately of any such occurrence or cause.
Player authorizes Turf’s UP OBX to stabilize, obtain medical care for, or transport him/her or their Guest to a medical facility or hospital if, in the opinion of Turf’s UP OBX medical attention is required and Player is unable to make such decisions for himself/herself. Player agrees to pay all costs associated with such medical care and related transportation and shall DEFEND, INDEMNIFY AND HOLD HARMLESS Turf’s UP OBX of and from the consequences of such decision and from any such costs incurred relating to the provision of medical care. Player also authorizes disclosure of any protected medical information in the possession of Turf’s UP OBX that is necessary to provide, coordinate or manage members healthcare consistent with the dictates of HIPAA and to the extent that such use or disclosure is required by law.
This Liability Waiver shall continue in effect in perpetuity so that each time Player or Member uses the Facility or participates in any Activities from the date this waiver is signed forward he/she shall be bound by the terms and conditions herein.
If any provision of this Agreement or the application of any such provision to any person or circumstance is held invalid, the remainder of this Agreement, and the application of such provision other than to the extent it is held invalid, will not be invalidated or affected thereby.
This Player and Liability Waiver Agreement shall be governed by North Carolina law, without regard to conflicts of laws principles. In addition, Player and any Guests agrees that jurisdiction and venue for any action or claims arising out of or relating to this Agreement shall be in the North Carolina State Courts located in Dare County, North Carolina.
PLAYER TERMS AND CONDITIONS
Turf’s Up OBX LLC and any of its employees, directors, officers, agents, representatives, or assigns (hereinafter “Turf’s Up OBX”) reserves the right in its sole discretion to refuse entry, or to remove the Player named above, including his/her Guest or Guests (“Guest”) from Turf’s Up OBX property (the “Facility”) or from participation in any activity organized by Turf’s UP OBX within the Facility, including but not limited to Golf, Baseball, Basketball, Football, Hockey, Soccer, Zombie Dodge Ball, and any other activity (“Activities”) for any reason whatsoever. Any such refusal of entry or removal by Turf’s UP OBX shall be in its sole discretion.
Turf’s UP OBX shall not be responsible for the safekeeping, loss, theft or damage of any Player ’s property or the property of any Guest of Player that is brought into the Facility or brought to play any Activity.
Player shall comply with and observe all rules and regulations of Turf’s UP OBX and the terms and conditions of this Agreement at all times and shall assure that his/her Guest(s) complies with and observes the same.
Player agrees and acknowledges that only one player is allowed in the hitting area at a time. Player agrees that Player and their Guests will not enter a hitting area when another Player is swinging, hitting, kicking, or in motion.
Should Player or his/her Guest(s) damage or break any of Turf’s UP OBX ’s equipment or property, Player shall be liable for the reasonable cost of necessary repairs or replacements to such equipment or property.
Turf’s UP OBX is authorized by the Player to use, store or transfer, as Turf’s UP OBX may consider necessary, the Player’s personal information, for any and all purposes in connection with the Facility and services provided by Turf’s UP OBX and/or for the purpose of promoting, improving and furthering the interests of Turf’s UP OBX. Player acknowledges that admission to the Facility signifies Player’s consent that without any compensation due to Player, Turf’s Up OBX may post Player’s or their Guests photos and/or names online, and/or in publications.
Any delay or failure by Turf’s UP OBX to exercise its rights and/or remedies under this Agreement does not constitute a waiver of any such right or remedy.
The terms and conditions herein (as amended from time to time) constitutes the entire agreement between the Player and Turf’s UP OBX regarding the Player’s use of the Facility and supersedes all previous agreements, understandings and arrangements, written or oral, between the Player and Turf’s UP OBX in relation to such matters.
In the event of an emergency, Turf’s UP OBX is authorized to notify the person(s) listed under Player ’s emergency contact information.
HAVING CAREFULLY READ THE FOREGOING AND UNDERSTANDING IT TO BE A LEGALLY BINDING RELEASE AND INDEMNITY AGREEMENT, PLAYER SIGNIFIES HIS ASSENT TO THE ABOVE TERMS AND CONDITIONS BY SIGNING ABOVE
DATE: May 16, 2021