In consideration for being allowed the use of the Golf Simulator as a spectator or as a participant in the activities (the “Activity” or “Activities”) at MK Golf Club LLC (the “Facility”), I hereby expressly agree and contract on behalf of myself, my heirs, executors, administrators, successors, and assigns to the following:
1. RELEASE AND WAIVER OF LIABILITY
I hereby RELEASE, WAIVE, AND DISCHARGE, MK Golf Club LLC, their officers, agents, or employees (the “RELEASEES”) from any and all liability, claims, demands, actions, and causes of action whatsoever arising out of or related to any loss, damage, or injury, including death, that may be sustained by me, the undersigned, while participating in such Activity, regardless of whether such loss is caused by the negligence of the Releasees. This applies to the fullest extent allowed by law.
2. ASSUMPTION OF RISK
I am fully aware of the risks and hazards, both known and unknown, connected with the Activity. I understand these Activities include the use of golf balls that may result in errant shots and ricochets, risking injuries to the eyes, head, face, and body. I voluntarily assume full responsibility for any risks of loss, property damage, or personal injury sustained by me, whether caused by the negligence of Releasees or otherwise.
3. INDEMNIFICATION
I further agree to INDEMNIFY AND HOLD HARMLESS the RELEASEES from any loss, liability, damage, or costs, including court costs and attorneys' fees, that Releasees may incur due to my participation in said Activities
4. SAFETY RULES AND CONDUCT
I agree to comply with all Facility rules and refrain from using equipment inconsistent with its intended purpose. I specifically agree to:
Clearance: Check surroundings to ensure no persons are in the vicinity before swinging.
Designated Areas: Only swing clubs within the designated simulator area for simulator engagement.
Caution Lines: Ensure all persons are behind the designated caution line before swinging, and remain behind that line when others are playing.
Tripping Hazards: Acknowledge that hitting platforms can move and create tripping hazards.
Prohibitions: No food or drinks past the caution line.
Alcohol: Control consumption so as not to become a risk to myself or others.
5. PARENT OR GUARDIAN WAIVER (FOR MINORS)
I represent that I am the parent or legal guardian of any minor under 18 attending with me. I acknowledge that:
The Minor is physically capable and has no pre-existing conditions that would endanger them or others.
The Minor will be under my constant supervision while at the Facility.
The Facility is not responsible for any loss of the Minor’s property.
6. MEDIA RELEASE & GOVERNING LAW
I acknowledge that MK Golf Club LLC may take photographs or recordings of me or any minor for promotional and advertising purposes. This Waiver shall be governed by the laws of the State of Illinois