LIABILITY WAIVER
In consideration of participating in SENNA MADE CLUBHOUSE lessons and activities, and for other good and valuable consideration, I hereby agree to release and discharge from liability arising from negligence to SENNA MADE CLUBHOUSE and its owners, directors, officers, amployess, agents, volunteers, participants and all other persons or entities acting for them (hereinafter collectively referred to as "Releases"), on behalf of myself and my children, parents, heirs, assigns, personal representative and estate and also agree as follows.
1. I acknowledge that activities at SENNA MADE CLUBHOUSE involve known and unanticipated risks which could result in physical or emotional injury, paralysis or permanent disability, death and property damage. Risks include, but not limited to, medical conditions resulting from physical activity; and damaged clothing or other property. I understand such risks simply cannot be eliminated, despite the use of safety equipment, without jeopardizing the essential qualities of the activity.
2. 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 SENNA MADE CLUBHOUSE's employees/agents attempt to reduce the risks, the risk of serious injury (including death) is not eliminated, and remains foreseeable.
3. I expressly accept and assume all of the risks inherent in this activity or that might have been caused by the negligence of the Releasees. My participation in this activity is purely voluntary and I elect to participate despite the risks. In addition, if at any time I believe that event conditions are unsafe or that I am unable to participate due to physical or medical conditions, then I will immediately discontinue participation.
4. I hereby voluntarily release, forever discharge, and agree to indemnify and hold harmless Releasees from any and all claims, demands, or causes of action which are in any way connected with my participation in this activity, or my use of their equipment or facilities, arising from negligence. This release does not apply to claims arising from intentional conduct. Should Releasees or anyone acting on their behalf be required to incur attorney’s fees and costs to enforce this agreement, I agree to indemnify and hold them harmless for all such fees and costs.
5. I represent that I have adequate insurance to cover any injury or damage I may suffer or cause while participating in this activity, or else I agree to bear the costs of such injury or damage myself. I further represent that I have no medical or physical condition which could interfere with my safety in this activity, or else I am willing to assume – and bear the costs of – all risks that may be created, directly or indirectly, by any such condition.
6. In the event that I file a lawsuit, I agree to do so solely in the state where Releasees’ facility is located, and I further agree that the substantive law of that state shall apply.
7. I agree that if any portion of this agreement is found to be void or unenforceable, the remaining portions shall remain in full force and effect.
I AM FULLY AWARE OF THE RISKS ASSOCIATED WITH GOLF AND INDOOR GOLF, PARTICULARLY AS THEY EXIST IN THE CONFINES OF AN ENCLOSED INDOOR AREA, INCLUDING THE POSSIBLE RECKLESS CONDUCT OF OTHER PARTICIPANTS. I HAVE CAREFULLY READ THIS AGREEMENT, AGREE TO ACCEPT ANY AND ALL INHERENT RISKS OF PROPERTY DAMAGE, PERSONAL INJURY OR DEATH AND SIGN IT VOLUNTARILY.
By signing this document, I agree that if I am hurt or my property is damaged during my participation in this activity, then I may be found by a court of law to have waived my right to maintain a lawsuit against the parties being released on the basis of any claim for negligence.
I have had sufficient time to read this entire document and, should I choose to do so, consult with legal counsel prior to signing.
Also, I understand that this activity might not be made available to me or that the cost to engage in this activity would be significantly greater if I were to choose not to sign this release, and agree that the opportunity to participate at the stated cost in return of the execution of this release is a reasonable bargain.
