This Release and Waiver of Liability, Assumption of Risk and Indemnity Agreement (“Release”)
is made and provided by the person checking the box that says “I accept the Release and Waiver
of Liability to participate in Teetime Indoor Golf” (“Participant”), who is being permitted to
enter the property owned by Teetime Indoor Golf, LLC (“Owner”) located at 500 N Michigan
Ave, STE 536, Chicago, Illinois (“Property”) to participate in the indoor golfing activities
(“Event”) on the Property. The Participant desires to enter the Property to schedule and play
indoor golf simulations in increments of 15 minutes or more. Participant acknowledges and
agrees that entering into this Release is required as a condition to entering and/or using the
Property and participating in the Event. This Release shall be effective on the date of its
execution and delivery by Participant.
I HEREBY ACKNOWLEDGE THAT I HAVE FULLY READ AND UNDERSTAND EACH
OF THE ABOVE PROVISIONS. I ACKNOWLEDGE THAT PRIOR TO SIGNING THIS
AGREEMENT I HAD THE OPPORTUNITY TO CONSULT WITH AN ATTORNEY TO
REVIEW THIS AGREEMENT. I UNDERSTAND THAT I HAVE GIVEN UP
SUBSTANTIAL RIGHTS BY SIGNING THIS AGREEMENT, AND ENTER THIS
AGREEMENT FREELY AND VOLUNTARILY.
In consideration of Owner permitting Participant to enter onto the Property and participate in the
Event, the undersigned, on behalf of Participant, Participant’s personal representative, heirs, and
next of kin, does hereby stipulate and agree:
Participant understands and acknowledges that
the riding and drive Event activities that will take place on the Property involve inherent risks
and are very dangerous, and that Participant may sustain serious bodily injury, including
temporary or permanent disability, paralysis and death, as well as property damage. Such
risks and dangers may be caused by the Participant's own actions or inactions, the actions or
inactions of others partakers in the Event, the condition of the Property, adverse weather
conditions, or the negligence of the Released Parties (as defined in Section 3 of this Release).
Participant also acknowledges that any injuries Participant may sustain may be compounded
or increased by negligent or delayed rescue operations or procedures of the Released Parties.
Participant further acknowledges there may be other risks and economic losses, which may
be known to the Participant or may be unforeseeable, that are presented by participation in
the Event.
PARTICIPANT VOLUNTARILY AND FREELY ASSUMES ALL RISKS AND
DANGERS THAT MAY OCCUR PURSUANT TO ENTRY ONTO THE PROPERTY
AND PARTICIPATION IN THE RIDING EVENT ACTIVITIES ON THE PROPERTY,
INCLUDING THE RISK OF INJURY, DEATH, OR PROPERTY DAMAGE.
Participant acknowledges and represents that: (1) Participant is qualified to participate in the Event, including having a valid driving license; (2) Participant will at all times wear a helmet, seat belt, and other applicable safety equipment while participating in the Event as a driver, passenger, or spectator; (3) Participant's vehicle is in good mechanical and operating condition; (4) Participant will not permit any other person to drive or operate the vehicle on the Property, and will not permit any other person to 2 ride as a passenger in the vehicle unless such passenger has signed a copy of this Release; (5) Participant shall at all times follow all the rules and regulations for the Event and the Property, as may be established or modified by the Owner; (6) Participant has informed itself about the Event and the driving course or trail that will be involved in the Event, either by previous participation in the Event or pursuant to an investigation; (7) Participant will not consume or be under the influence of any alcohol or drugs at any time while operating a vehicle in the Event; and (8) Participant has fully read and understands each of the provisions of this Release, and prior to signing this Release had the opportunity to consult with an attorney.
Participant hereby agrees, on behalf of Participant, and Participant’s heirs and personal representatives, to fully and forever discharge and release Owner, their affiliates, and their respective partners, agents, operators, managers, employees, and representatives, other drivers, owners of other vehicles participating in the Event, and rescue personnel ("Released Parties") from any and all claims Participant may have or hereinafter have for any injury, temporary or permanent disability, death, damages, liabilities, expenses, costs, and/or causes of action, now known or hereinafter known in any jurisdiction in the world, attributable or relating in any manner to Participant's entry upon the Property and participation in the Event, whether caused by the negligence of the Released Parties or by any other reason. Participant acknowledges and agrees that this Release is intended to be, and is, a complete release of any responsibility of the Released Parties for any and all personal injuries, temporary or permanent disability, death, and/or property damage sustained by the Participant while on the Property or in any way related to the Event activities.
Participant agrees, for Participant, and all of Participant’s heirs and legal representatives, not to sue the Released Parties or initiate or assist in the prosecution of any claim for damages or cause of action against the Released Parties which Participant or heirs or legal representatives may have as a result of any personal injury, death or property damage the Participant may sustain while on the Property or participating in the Event.
Participant hereby agrees to defend, indemnify and hold harmless the Released Parties from and against any third party losses, damages, actions, suits, claims, judgments, settlements, awards, interest, penalties, expenses (including reasonable attorneys’ fees) and costs of any kind for any personal injury, loss of life or damage to property sustained by reason of or arising out of Participant’s involvement in any of the Event activities or Participant’s use of the Property, whether caused by the negligence of Released Parties or otherwise.
Participant acknowledges and agrees that Participant is aware that the Released Parties have no duty to supervise the activities of any participant or spectator at the Event, or any other person within the Property. The Released Parties assume no responsibility or liability for the acts or omissions of any such persons.
This Release agreement will be governed by and interpreted in accordance with the laws of the State of [state], without giving effect to the principles of conflicts of law of such state. Participant agrees that any action arising out of this Release must be brought exclusively in any state or federal court located in [state, (specify county)].
No waiver of any term or right in this Release shall be effective unless in writing, signed by an authorized representative of the waiving party. The failure of any party to enforce any provision of this agreement shall not be construed as a waiver or modification of such provision, or impairment of its right to enforce such provision or any other provision of this agreement thereafter.
Any provision of this Release providing for performance by either party after termination of this agreement shall survive such termination and shall continue to be effective and enforceable.
In the performance of the terms of this Release, use of the Property and participation in the Event, the parties shall comply with all applicable federal, state, regional and local laws, rules and regulations.
If any provision or portion of this Release shall be held by a court of competent jurisdiction to be illegal, invalid, or unenforceable, the remaining provisions or portions shall remain in full force and effect.
This Release is the entire agreement between the parties with respect to the subject matter hereof and supersedes any prior agreement or communications between the parties, whether written, oral, electronic, or otherwise. No change, modification, amendment, or addition of or to this agreement shall be valid unless in writing and signed by authorized representatives of the parties. This agreement shall be binding upon and inure to the benefit of the successors, assigns, and legal representatives of the parties.