Gimmie Par Golf & Social Waiver of Liability

Definitions:

Affiliated Parties: This may include, but is not limited to, owners, officers, directors, employees, agents, contractors, landlords, investors, successors, and assigns that are affiliated with Gimmie Par Golf & Social.

Premises: This includes the building and surrounding parking where Gimmie Par Golf & Social operates its business at 107 E. Main St, Lincolnton, N.C. 28092.

Releasing Parties: Collectively, this may include, but is not limited to, a person’s spouse, partner, heirs, next of kin, children, wards, legal guardians, parents, successors, assigns, and personal representatives.

Risks, Dangers, and Hazards: The nature of Gimmie Par Golf & Social’s operations includes the potential to slip, fall, be hit with a golf club, be hit with a golf ball, experience physical exertion, or be exposed to communicable diseases from being in a public setting.

Release of Liability and Assumption of Risk

By entering Gimmie Par Golf & Social’s premises, you acknowledge that there are certain Risks, Dangers, and Hazards. By entering the premises, you are knowingly and willingly entering at your own risk, and you release Gimmie Par Golf & Social of any and all liability.

All participants and patrons must agree to this waiver individually before entering the building.

I, the undersigned, acknowledge that entering the premises operated by Gimmie Par Golf & Social and participating in the activities offered involves certain Risks, Dangers, and Hazards.

In consideration of entering the building, participating in the activities, using the equipment, or consuming beverages and food available, I understand and agree to the following:

Assumption of Risk: I understand, acknowledge, and voluntarily assume all Risks, Dangers, and Hazards associated with being at the premises and participating in Gimmie Par Golf & Social’s activities, including the risk of physical injury, permanent paralysis, serious injury, or death.

Release of Liability: I, on behalf of myself and my Releasing Parties, forever release Gimmie Par Golf & Social and its Affiliated Parties from any and all claims, demands, damages, costs, expenses, loss, and causes of action arising from being at the Premises and traveling to or from the Premises.

Indemnification: I agree to indemnify and hold harmless Gimmie Par Golf & Social and its Affiliated Parties from any and all claims, demands, damages, costs, expenses, loss, and causes of action arising from being at the Premises. Further, I will not hold Gimmie Par Golf & Social or its Affiliated Parties responsible for any acts by any other individuals on the Premises.

Insurance: I certify and represent that I have adequate personal insurance of sufficient personal assets to fully indemnify Gimmie Par Golf & Social and its Affiliated Parties against any claims made by any of the Releasing Parties against any Gimmie Par Golf and Social and its Affiliated Parties, for which I have an indemnity obligation under this agreement.

Financial Responsibility: I understand and agree that if I cause any damage or loss while I am on the Premises, regardless of being intentional or not, I am financially liable for repairing or replacing and damaged or lost property and equipment.

Rules and Guidelines: I understand that the Rules and Guidelines from Gimmie Par Golf & Social are for the safety of myself, and others. I agree to comply with all rules and guidelines of Gimmie Par Golf & Social and understand that failure to comply may result in my removal from Gimmie Par Golf & Social’s Premises. These Rules and Regulations are available on Gimmie Par Golf and Social’s website.

Photography and Videography Release: I understand that I may be filmed or photographed while on the Premises. I agree to allow Gimmie Par Golf & Social to use any photographs or videos taken during my participation in Gimmie Par Golf and Social’s activities for promotional purposes without limitation, reservation, and compensation. If the photographs or videos cause a concern for my safety, or the safety of a person I am legally responsible for, I understand that I can contact Gimmie Par Golf & Social and request for photographs or videos to be removed. However, I understand that Gimmie Par Golf & Social may not be able to remove and destroy photographs or videos shared by third parties.

Technical Errors and Unforeseen Events: I acknowledge and agree that Gimmie Par Golf & Social shall not be held responsible or liable for any technical errors or unforeseen events which may affect the Gimmie Par Golf & Social website, booking system, golf simulators, equipment, consumable goods, merchandise, or other electronically-offered services. In the event a technical problem or unforeseen event prevents or hinders my use of Gimmie Par Golf & Social activities, I may notify Gimmie Par Golf & Social and request a full or partial refund of my session fee to be considered.

Governing Law: This Waiver shall be governed by the laws of the State of North Carolina.
Entire Agreement: This Waiver constitutes the entire Agreement between the parties and supersedes all prior negotiations, understandings, and agreements, whether written or oral.
Modification: This Waiver may not be modified except in writing, signed by both parties.

Representations by the undersigned:

• I represent that I am physically and mentally able to participate in all activities.
• I represent that I have no pre-existing physical or medical condition, including, without limitation, and allergies, exercise, injury, or induced conditions that would endanger myself or others while participating in the activities on the Premises.
• I represent and warrant that all members of my party will conduct themselves safely and responsibly so as not to endanger the lives or property of any persons while on the Premises.
• I represent the authority to enter this agreement for myself and all of the Releasing Parties.
• I represent and warrant that I have legal and physical custody of all minor children or wards who are Releasing Parties by virtue of my signing this agreement and have the legal authority to sign this agreement on their behalf.
• If signing on behalf of a minor, I represent that I am legally responsible for this minor and am authorized to sign this waiver on their behalf. I agree to indemnify Gimmie Par Golf & Social and its Affiliated Parties against any claim made by any third party in which it is alleged that my signing of this agreement on behalf of any minor child or ward was unauthorized or lacking legal authority.
• I understand that Gimmie Par Golf & Social and its Affiliated Parties will rely upon all representations listed here.

By signing this waiver, I acknowledge that I have carefully read and fully understand its terms and I voluntarily agree. I am waiving certain legal rights that myself, and my Releasing Parties, may have against the release.

I acknowledge that this document may be signed in person with a pen on paper or electronically. I recognize that this document is valid and may be enforced regardless of the document being signed electronically or by pen on paper.

For customers younger than 18 years of age, a parent or legal guardian must agree to this Client Waiver on the customer’s behalf.