In consideration for participation in the activities at by The Golf Cavern, LLC, use of the property,
facilities, and services of The Golf Cavern, LLC, and other good and valuable consideration, I {name} of {address}, hereby agree for myself and (if appliable) for the members of my family and any guests to the following:
Part 1: Conduct and Use Agreement
1. I agree to observe and obey all posted rules and warnings, and further agree to follow any oral instructions or directions given by The Golf Cavern, LLC, or the employees,
representatives or agents of The Golf Cavern, LLC.
2. I agree that I am liable for the actions of any guests I bring to the property of The Golf Cavern, LLC.
3. I agree not to share my door code with anyone. I understand that I cannot transfer my membership to another person at any time.
4. I understand that while I have unlimited bookings, those bookings are subject to
availability of the facility. I understand that I cannot actually book every single hour of every day.
5. I agree not to book consecutive or “back to back” reservations.
6. I understand that I am allowed to book a second tee time in one day, but I must wait until the day of to book the second reservation.
7. I understand that all members are subject to a 5 hour limit each day. Therefore, I cannot use the facility for more than 5 hours per day.
8. Overall, I agree that when I am deciding how often I book tee times, I will follow all applicable rules and limitations referenced herein or in other Company policies and I will respect the time and ability of other members to book tee times.
9. I agree to limit my number of cancellations as much as possible and that an excess of cancellations (over 10 cancellations a month), could result in the revocation of my membership without reimbursement.
10. I agree that I will cancel my bookings as soon as possible to give other members a chance to book.
11. I understand I must book a reservation online in order to use the simulator.
12. I understand that my reservation ends promptly at the end of my reserved time regardless of whether I have finished the course.
13. I agree to refrain from using any equipment in a manner inconsistent with its intended design and purpose.
14. I agree not to wear metal spikes at any time inside the simulator and that if I do I could be charged the full replacement cost of the flooring.
15. I agree to only use clean clubs and clean balls at all times while in the simulator. When possible I will use the balls provided at the simulator.
16. I agree to never bring any food or drink onto the turf.
17. I agree not to swing a club anywhere but in the designated area of the golf simulator.
18. Before swinging a golf club, I will always check to make sure no persons are in the vicinity which could be hit by the golf club.
19. I will stay behind the designated caution line when another person is using the golf simulator.
20. I will not bring alcohol to or consume alcohol in the facility.
21. I agree to report any suspicious activity to management, as soon as reasonably possible.
22. I agree to clean up after myself and my group before I leave. I also agree to contact The Golf Cavern, LLC management if there are any spills or accidents that occur during my reservation.
23. I agree to report any injuries to management, as soon as reasonably possible.
24. I agree to call 911 in case of life-threatening injury.
25. I understand that The Golf Cavern, LLC premises is under surveillance at all times, and I give The Golf Cavern, LLC, my consent to conduct this surveillance for safety and security purposes. Tampering with a camera system will result in financial compensation being paid to The Golf Cavern, LLC.
26. I understand that management may reach out to me if I violate any of the above agreements. I also understand that management reserves the right to cancel my membership, without warning and without a refund, if I violate any of the above items that I have agreed to in this agreement.
PART 2: WAIVER AND RELEASE OF LIABILITY
In consideration of the opportunity to use The Golf Cavern, LLC (hereinafter “Company”)
building, golf simulator, and related equipment and components, (“hereinafter “Facility”) I
hereby agree to the following Wavier and Release of Liability (“hereinafter “Agreement”).
1. WAIVER AND RELEASE OF LIABILITY. My participation and use of the Facility is voluntary
and subjects me to the possibility of physical injury (which could be minimal, serious,
and/or result in death), loss of or damage to my property. It is foreseeable that my
careless, reckless, or negligent use of the Facility would result in damage, whether
physical, emotional or any other damage. Accordingly, I agree to the following:
a. INHERENT RISKS. I recognize that there are inherent risks in the use of golfing
equipment and in the use of the Facility such as being hit by a ball, slip and fall,
being hit with a club and other known and unknown risks.
b. ASSUMPTION OF RISK. I understand the risks inherent in the use of golfing
equipment and the use of a golf simulator and I expressly accept and assume all
of the risk 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.
c. INDEMIFICATION. I hereby release and hold harmless the Company, its officers,
directors, employees, agents, volunteers, and contractors (collectively, Releasees)
from any claim, demand, loss liability, damages, and attorney’s fees and costs
arising from, related to, or resulting from these risks, including those caused by
the negligent acts or omissions of any or all of the Releasees, to the fullest extent
allowable by the laws of Minnesota and any other applicable laws, regulations or
rules. This release does not apply to claims arising from intentional conduct.
d. ATTORNEY’S FEES. 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.
e. CERTIFICATION OF FITNESS AND INDEMIFICATION THEREOF. I attest and certify
that I am physically fit to participate safely, and I have not been advised otherwise
by a health care professional. Furthermore, I specifically release and hold harmless
the Releasees from any action resulting from or connected with an adverse health
event resulting from my participation in said physical activity.
f. ASSUMPTION OF MEDICAL COST. As between each of the Releasees and me, I will
be solely responsible for any and all medical and related bills that I may incur as a
result of my use of the Facility, as well as any costs related to loss or damage to
my property that I may sustain while using the Facility, including those sustained
on the Premises and while I am traveling to and from the Premises, regardless of
the location or mode of transportation.
g. PERSONAL LIABILITY. I will be personally liable for any and all damage to the
Premises caused by my careless, reckless, or intentional actions, or the careless,
reckless, or intentional actions of my guests.
h. SUCCESSORS AND ASSIGNS. This Agreement shall be binding upon and inures to
the benefit of, my estate, heirs, executors, administrators, successors, and assigns
as well as any other party asserting a claim on my behalf, or on behalf of my estate.
2. GENERAL PROVISIONS
a. GOVERNING LAW. I hereby expressly agree that (1) this Agreement shall be
governed by and construed according to the laws of the state of Minnesota
without regard to its conflict of laws provisions and (2) any action or proceeding
concerning any claim or the meaning or effect of any provision of the Agreement
shall be conducted only in the state court located in Hubbard County, Minnesota
or in the Federal District of Minnesota, and for such purposes, I expressly submit
to the jurisdiction of such courts.
b. CAPTIONS. All captions, headings, or titles in the paragraphs or sections of this
Agreement are inserted for the convenience of reference only and shall not
constitute a part of this Agreement as a limitation of the particular paragraphs or
sections to which they apply.
c. ENTIRE AGREEMENT. This Agreement contains the entire understanding between
and among the parties concerning these matters.
d. AMENDMENT, MODIFICATION, OR WAVIER. No wavier, modification, or
amendment of any of the terms of this Agreement shall be effective unless in
writing and signed by the party to be charged.
e. SEVERABLE PROVISIONS. I hereby expressly agree that each provision, section,
sentence, clause, phrase, and word of this Agreement is intended to be severable.
If any provision, section, sentence, clause, phrase, or word hereof is illegal or
invalid for any reason whatsoever, such illegality or invalidity shall not affect the
validity of the remainder of this Agreement.
3. AGREEMENT TO TERMS, CONDITIONS, AND USE OF DIGITAL SIGNATURE:
a. I have had sufficient time to read this entire agreement and should I choose to do
so, consult with legal counsel prior to signing.
b. By signing below, I understand and agree that my digital signature is legally
binding, that I am the person who is listed on the form, and that I consent to all
the terms and conditions listed above in “Part 2: Release of Liability Wavier” of
this form.
c. I understand that this Agreement involves my waiver and release of significant
rights and my assumption of significant indemnification responsibilities in
participating in the above-mentioned activities.