WAIVER AND RELEASE OF LIABILITY
Brookfields Indoor Golf & Lounge, LLC ("Brookfields") owns and operates an indoor golf and lounge area located at 1839 South Main Street, Suite 412, Wake Forest, NC 27587 ("Premises"), with access to full-swing golf simulators, as well as various interactive multisport gameplay, which may include the use of real sports equipment ("Activities" I understand participation in these Activities come with inherent and unanticipated risks which could result in injury, including injury to myself, to others, to property, or even death. I understand that such risks cannot be eliminated without jeopardizing the essential qualities of the Activities. The risks include, among others: loss of control, improper form or use of equipment, latent or apparent defects or conditions in the equipment or Premises, acts of other participants, my own physical condition, or my own acts or omissions, the condition of any common areas utilized, including the parking lot, first-aid, emergency treatment or other services rendered.
In consideration of being allowed to participate in the Activities Brookfields offers, as well as consumption of alcoholic beverages while on the Premises [where participate is 21+], the undersigned acknowledges, understands, and agrees, as evidenced by their signature below the following:
1. Assumption of Risk. I understand and acknowledge that the Activities I want to participate in may be dangerous and may involve the risk that I will sustain serious injury, temporary or permanent disability, death, and/or property damage. While following the rules, along with proper use of equipment may reduce these risks, I understand the risk of serious injury to person and property do exist and cannot be eliminated. I understand that the Activity may not be supervised and that Brookfields does not provide medical services. I further acknowledge that any injury I may sustain while participating in the Activities may be compounded by negligent or delayed medical service or negligent or delayed assistance by Brookfields. I VOLUNTARILY AND FREELY ASSUME ALL RISKS AND DANGERS THAT MAY OCCUR PURSUANT TO MY USE, OR MY CHILD'S USE, OF THE PREMISES AND PARTICIPATION IN ACTIVITIES ON THE PREMISES, INCLUDING THE RISK OF INJURY, DEATH, OR PROPERTY DAMAGE, EVEN IF CAUSED BY NEGLIGENCE OF THE COMPANY.
2. Release from Liability. I hereby knowingly agree, on behalf of myself, my heirs and my personal representatives, as well as on behalf of my child (if signing on behalf of a minor) to fully and forever discharge and release Brookfields, and its owners, partners, agents, operators, managers, employees, participants, sponsors, and any owner or lessor of the Premises, and representatives (collectively the "Released Parties") from any and all claims I may have or hereinafter have for any injury, temporary or permanent disability, death, damages, liabilities, expenses and/or causes of action, now known or hereinafter known in any jurisdiction in the world, attributable or relating in any manner to my entry upon and use of the Premises and participation in the Activities, whether caused by the negligence of Brookfields or any Released Parties or by any other reason. I acknowledge and agree that this Release and Waiver is intended to be, and is, a complete release, to the fullest extent permitted by law, of any responsibility of the Released Parties for all personal injuries, temporary or permanent disability, death, and/or property damage sustained by me while on or using the Premises or participating in the Activity.
3. Covenant Not to Sue. I agree, for myself and all my heirs, 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 I or my heirs may have because of any personal injury, death, or property damage I may sustain while on or using the Premises or while participating in the Activity.
4. Indemnification. I hereby agree to defend, indemnify, and hold harmless Brookfields and 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 my use of the Premises or participation in any Activities on the Premises.
5. Medical Treatment Release. I hereby authorize Brookfields to secure, and I consent to, any medical treatment that may be given to me should Brookfields determine, in its sole discretion, that I need medical care, as a result of my being on the Premises or from participating in the Activity. I accept full responsibility for all costs related to my medical treatment, including any transport costs, and I release all parties involved from any type of liability for anything that may happen during my treatment or transport.
6. Responsibility for Personal Property. I understand and agree that I am fully and solely responsible for any of my property and personal belongings that I bring onto the Premises or that I use during the Activities, and that Brookfields is not responsible for, nor shall it provide any security for my property and personal belongings.
7. No Representations by Brookfields. I acknowledge Brookfields makes no representation as to the condition of the Premises or the safety of the Activities or any equipment either on the Premises or used in the Activities. I accept and shall use the Premises, and its equipment, in its "AS IS" condition. I acknowledge and agree that I am not relying upon any representation or statement by Brookfields' or its employees, agents, sponsors, or representatives regarding this Waiver and Release, the Premises, or the Activities.
8. Governing Law. This Release shall be governed by the laws of the State of North Carolina. Any dispute arising out of or relating to this Release shall be resolved in a state or federal court with appropriate jurisdiction located in Wake County, North Carolina.
I HAVE READ THIS WAIVER OF LIABILITY AND ASSUMPTION OF RISK AGREEMENT, FULLY UNDERSTAND ITS TERMS, AND CONSENT TO BE BOUND BY THE SAME.