Waiver Of Liability

More Golf LLC Waiver Of Liability

By entering the facility, you acknowledge that you may be seriously injured through the use of this facility. Golf balls are driven at high speeds, and golf clubs are swung at full speed, both of which reach speeds frequently exceeding 100 miles per hour; such balls and/or tees may ricochet, and/or if you walk near someone swinging a club, you might get hit. Upon acknowledging that you may be injured, you agree that you are 100% at your own risk upon entering and using this facility, which means that you release More Golf LLC of any and all liability.

All participants in activities on the Premises, must agree to this waiver prior to entering. This Agreement shall remain valid and effective to release and indemnify More Golf LLC (together with any of its managers, members, employees, owners, independent contractors and agents) from any Claims (as hereafter defined).

RELEASE OF LIABILITY AND ASSUMPTION OF RISK

On behalf on myself, my spouse, children, wards, if any, and their respective successors, assigns and in consideration of the services and activities provided by More Golf LLC, its managers, members, employees, owners, agents, officers, directors, affiliates, volunteers, participants, clients, customers, invitees, independent contractors, insurers, facility operators, Premises owners AND all other persons or entities acting in any capacity on its behalf, together with their respective successor and assigns (hereafter collectively the “Released and Indemnified Parties”), I hereby agree to forever release, remise, discharge, defend, hold harmless and indemnify the Released and Indemnified Parties as set forth in this agreement.

RELEASE AND INDEMNIFY: For myself and on behalf of my spouse, if any, my children and my wards, if any, and their respective successors and assigns, (hereafter collectively the “Releasing Parties”), I hereby agree to release, remise, forever discharge, defend, hold harmless, and indemnify, the Released and Indemnified Parties from and against any and all claims, actions, causes of action, proceedings, suits, costs, liabilities, damages, and expenses, whether known or unknown (including but not limited to all direct, special, incidental, exemplary, punitive, and consequential damages, losses of any kind an attorneys’ fees), and however caused, including without limitation by, reckless, negligent or grossly negligent conduct (hereafter collectively, “Claims”) of any and all of the Releasing Parties that arise on, are based upon the result from, any act, event, occurrence or omission on the Premises during the Claim Period. Furthermore, and without limiting the foregoing, on behalf of the Releasing Parties I waive any and all Claims that any of us, whether individually or collectively, may now or in the future have against any of the Released and Indemnified Parties that arise on, are based upon, or result from, any act, event, occurrence or omission on the Premises during the Claim Period, and agree not to initiate or prosecute (or aid any other party in prosecuting) or continue to assert or maintain any such Claim of any kind whatsoever against any of the Released and Indemnified Parties in any court or otherwise with respect to the matters released or waived hereunder, including but not limited to any Claim under any common law, whether in law or equity, or federal, provincial or local statute, ordinance or rule of law.
ACKNOWLEDGEMENT OF RISKS: I acknowledge that by its very nature, golfing (including indoor golf), and related activities (the “Activities”) at the Premises, present, carry, and involve a serious risk of physical injury to both active participants and spectators. I acknowledge that the Activities are inherently dangerous and hazardous and acknowledge that by participating in, observing, or allowing minors of whom I have legal custody to participate in or observe the Activities, I am, on behalf of myself and on behalf of each of the Releasing Parties, expressly assuming all risks associated with the Activities and expressly contracting not to sue for any injury sustained as a result of such participation in or observation of the Activities. I understand that golfing and related activities may result in injuries ranging from minor injuries (bruises, blisters, and the like), to more serious injuries or even death. I acknowledge that golfing and related activities at the Premises subjects myself and any other participants, including but not limited to the Releasing Parties to the risk of serious bodily injury. I understand that no matter how careful the Releasing Parties may be during golfing and related activities, and that no matter how much More Golf LLC’s employees/agents attempt to reduce the risks, the risk of serious injury (including death) is not eliminated, and remains foreseeable.
ASSUMPTION OF RISK AND LOSS: I ACKNOWLEDGE THAT ALL ACTIVITIES AT THE PREMISES, BOTH DURING AND AFTER THE CLAIM PERIOD, INCLUDING THE ACTIVITIES OF THE RELEASED AND INDEMNIFIED PARTIES, THE ACTIVITIES OF THE RELEASING PARTIES, AND THE ACTIVITY OF THIRD PARTIES ARE POTENTIALLY AND INHERENTLY DANGEROUS AND I KNOWINGLY AND FREELY ASSUME ALL KNOWN AND UNKNOWN RISKS ON BEHALF OF MYSELF AND THE OTHER RELEASING PARTIES, INCLUDING WITHOUT LIMITATION ALL RISKS OF INJURY, DAMAGE AND/OR DEATH. I further agree that none of the Released and Indemnified Parties will be responsible to me or any of the Releasing Parties for the loss or theft of my personal property, or that of any of the Releasing Parties while I am on the Premises. My participation and the participation of any of the Releasing Parties (including but not limited to my spouse, child or ward, if any) in any activities whatsoever on the Premises is purely voluntary, and I elect and agree on behalf of myself and all of the Releasing Parties (including but not limited to my spouse, child or ward, if any) to participate in those activities in spite of the risks. I further expressly agree that I will pay for the cost of medical assistance should any of the Released and Indemnified Parties request such assistance in their sole discretion on behalf of any of the Releasing Parties. I assume full financial responsibility for any damage or injury that may occur to any of the Releasing Parties while at the Premises, I fully agree to bear the costs of such any injury or damage to any of the Releasing Parties and their personal property arising on the Premises. As to any occurrence on the Premises, I further expressly assume the risk of injury or aggravation of injury resulting from any preexisting medical or physical condition of any of the Releasing Parties, irrespective of whether such medical or physical condition was known or unknown by me.
INJURIES BY AND TO THIRD PARTIES: I further and specifically acknowledge that the Releasing Parties, including myself, my spouse, my child or my ward, if any, may be injured by the actions of customers or invitees of More Golf LLC at the Premises (hereafter “Third Parties”). In such event, I agree to release, discharge, waive, defend and indemnify the Released and Indemnified Parties against any Claims arising from acts or omissions of Third Parties on the Premises during the Claim Period. I also acknowledge that the acts or omissions of the Releasing Parties, including myself, my spouse, child or ward, if any, may cause injury to others, invitees, employees, owners, independent contractors or agents of More Golf LLC while on the Premises during the Claim Period. In such event, I agree to defend and indemnify the Released and Indemnified Parties and any third party invitee or customer against any Claim arising during the Claim Period which was caused, in whole or in part, by one or more of the Releasing Parties .
INSURANCE: I certify and represent that I have adequate personal insurance or sufficient personal assets to fully indemnify the Released and Indemnified Parties against any Claim of any of the Releasing Parties against any of the Released and Indemnified Parties for which I have an indemnity obligation under this Agreement. I further certify and represent that I have adequate personal insurance or sufficient personal assets to fully defend, hold harmless and indemnify the Released and Indemnified Parties against any Claims of any third party caused in whole or in part by an act or omission of one or more of the Releasing Parties.
REPRESENTATIONS: I represent to the Released and Indemnified Parties that all of the Releasing Parties in any activity on the Premises are physically able to participate in all such activities and have no pre-existing physical or medical condition, including without limitation any allergies or exercise-induced conditions, that would endanger such participant while participating in the activities on the Premises. I further represent and warrant, that all of the Releasing Parties will conduct themselves, while on the Premises, in a safe and responsible manner so as not to endanger the lives or property of any persons. I further specifically represent that I have the authority to enter this Agreement on behalf of all the Releasing Parties, and understand that the Released and Indemnified Parties will rely upon such representation. I further represent that I have legal and physical custody of all minor children or wards who are Releasing Parties by virtue of my signing this Agreement and have legal authority to sign this Agreement on their behalf. I further agree to indemnify and hold harmless the Released and Indemnified Parties against any Claim made by any third party in which it was alleged that my signing of this Agreement on behalf of any minor child or ward was unauthorized or lacking legal authority.
BASIS OF BARGAIN: I understand that More Golf LLC would not allow use of the Premises (including, but not limited to the golfing activities thereon) to me, my spouse, my child or ward, if any, without my agreement to the terms and conditions set forth herein.
CHOICE OF LAW AND VENUE: This Agreement shall be governed by and construed in accordance with the laws of Virginia, without regard to principles of conflicts of law, and venue for disputes under this Agreement shall be exclusively in the courts of the Virginia. I further agree that should More Golf LLC (or any other Released and Indemnified Parties) be required to incur attorney’s fees and costs to enforce the Agreement, I will indemnify and hold the Released and Indemnified Parties harmless for all such fees and costs.
MODEL RELEASE: I irrevocably grant More Golf LLC the right to photograph, videotape, and/or record me, and/or my child/ward and to use my or my child’s/ward’s name, face, likeness, voice and appearance in connection with exhibitions, publicity, advertising, and promotional materials without reservations or limitation.
INDEMNITY: In addition to (and not in lieu of) the indemnity provisions of the Agreement set forth in other paragraphs, I hereby agree on behalf of myself, my child or ward, if any, to indemnify and hold harmless More Golf LLC and its agents, owners, officers, directors, principals, volunteers, insurers, facility operators, land and/or premises owners, and/or any and all persons and entities acting in capacity on behalf of More Golf LLC from and against all losses, liabilities, claims, obligations, costs, damages and/or expenses whatsoever, including, but not limited to, any and all attorneys’ fees, costs, damages, and/or judgements directly or indirectly arising out of, or relating to my or my spouse’s, my child’s or my ward’s, if any, acts or omissions while participating in any activities at the Premises, unless it is determined that such liability resulted from the gross negligence or willful misconduct of More Golf LLC.
MISCELLANEOUS: I acknowledge and agree that this Agreement is intended to be as broad and inclusive as is permitted by Virginia Law. In the event that any clause or provision of this Agreement is determined to be unenforceable as a matter of law, I intend that such clause or provision should be severed from the Agreement and that the remainder of the Agreement shall continue in full legal force and effect. I acknowledge that the Agreement represents the entire understanding of the parties with respect to the matters set forth herein an no subsequent modification is binding unless reduced to writing and signed by the party against whom enforcement is sought. I further acknowledge and agree that all pre-existing agreements, subsequent course of performance, or purported oral modifications of the terms of this Agreement that purport to establish different consequences for my activities at More Golf LLC facilities are null and void.
JURY TRIAL WAIVER: I, on behalf of myself and the Releasing Parties, hereby waive, to the full extent permitted by applicable law, any right the Releasing Parties, any of them, or myself may have to trial by jury in any legal proceeding directly or indirectly arising out of or relating to this Agreement, the Activities, or any injury sustained or caused by any person in connection with the Activities (whether based on contract, tort or any other theory). For myself and the Releasing Parties I further represent and warrant (a) that no representative, agent or attorney of any other party has represented, expressly or otherwise, that such party would not, in the event of litigation, seek to enforce the foregoing jury trial waiver and (b) that all parties to this Agreement been induced to enter into this Agreement by, among other things, the jury trial waiver set forth in this section. I further expressly acknowledge, on behalf of myself and the Releasing Parties, that is waiver is made for the express purpose of expediting resolution of any dispute relating to this Agreement, the Activities, or any injury sustained or caused by any person in connection with the Activities between the Releasing parties and the Released and Indemnified Parties.

I HAVE READ THIS RELEASE AGREEMENT, FULLY UNDERSTAND ITS TERMS, UNDERSTAND THAT I AM GIVING UP SUBSTANTIAL RIGHTS BY ENTERING THIS FACILITY AND DO SO FREELY AND VOLUNTARILY WITHOUT ANY INDUCEMENT.

PARENT OR GUARDIAN LIABILITY WAIVER ON BEHALF OF A MINOR: I represent that I am duly qualified as the parent or legal guardian or authorized custodian of the above listed person(s) (hereafter the “Minor”) and that I have the authority to execute this Agreement and to indemnify and hold harmless the Released and Indemnified Parties for any Claims that the Minor may now have or that may arise in the future during the Claim Period against any of the Released and Indemnified Parties arising on the Premises. I further agree that if it is determined that I am not the parent or legal guardian or legal custodian of the Minor, or that I did not have the authority to sign the Agreement on behalf of such Minor, I will nevertheless personally defend and indemnify the Released and Indemnified Parties for and from any Claim arising from Minor’s participation in activities at the Premises.

I HEREBY ACKNOWLEDGE (1) THAT THIS DOCUMENT IS VALID AND MAY BE ENFORCED IN THE SAME MANNER AS A HAND-SIGNED DOCUMENT THAT EXISTS IN PHYSICAL FORM. I ALSO EXPRESSLY ACKNOWLEDGE THE VALIDITY OF THIS DOCUMENT. I FURTHER AGREE THAT I HAVE KNOWINGLY AND EXPLICITLY WAIVED ANY RIGHT TO CLAIM THIS DOCUMENT IS INVALID OR IS UNENFORCEABLE BASED ON THE FACT THAT I HAVE NOT PUT PEN TO PAPER.

More Golf LLC Rules and Guidelines

Tee Time required
At least one party present on site must be 21 or older
Minimum of 24 hour notice of cancellation required for refund.
No-shows forfeit their booking fee.
Golf shoes or running shoes are fine but NO METAL SPIKES.
Guests acknowledge that More Golf LLC is under video surveillance. Tampering with the camera system or damaging equipment by not following procedures in the guidelines will result in financial compensation being paid to More Golf LLC.
Guests and members acknowledge that photography and/or video may be recorded and used for promotional purposes without compensation.
If you bring your own clubs, please make sure club faces are clean before play.
Only use golf balls provided by More Golf LLC.
Keep food and drink at the provided tables. NO FOOD OR DRINK INSIDE SIMULATOR AREA at any time!
Players are responsible for the equipment inside the simulator. No swinging clubs outside of the simulator swing area for safety reasons. Play safe.
Only one person in the hitting area at a time.
Before you swing any club, check your surroundings (monitor, other players, etc. )to ensure no one and nothing is within your range of swing.
Be aware of your backswing and follow through at all times.
Your shot must be directed forward.
Swinging should always take place on the hitting area of the mat.
Practice swings must be done on hitting area of the mat.
Be alert of where you stand or walk and stay out of someone’s range of swing.
Report any accidents immediately.

Guests are financially responsible for any damage caused by failure to follow the directions of the Rules and Guidelines. Failure to abide by any of the above procedures may result in cancellation of the remainder of your paid simulator time without compensation.

Today's Date: November 21, 2024

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Parent(s) or Court-Appointed Legal Guardian(s) must sign for any participating minor (those under 18 years of age) and agree that they and the minor are subject to all the terms of this document, as set forth above.

By signing below the Parent or Court-Appointed Legal Guardian agrees that they are also subject to all the terms of this document, as set forth above.

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By checking here, you are consenting to the use of your electronic signature in lieu of an original signature on paper. You have the right to request that you sign a paper copy instead. By checking here, you are waiving that right. After consent, you may, upon written request to us, obtain a paper copy of an electronic record. No fee will be charged for such copy and no special hardware or software is required to view it. Your agreement to use an electronic signature with us for any documents will continue until such time as you notify us in writing that you no longer wish to use an electronic signature. There is no penalty for withdrawing your consent. You should always make sure that we have a current email address in order to contact you regarding any changes, if necessary.

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