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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.
Participant understands that participation in golf simulator activities involves physical activity and inherent risks, including but not limited to trips, falls, muscle strains, equipment malfunction, or other unforeseen risks that may result in injury, disability, or death. The participant voluntarily assumes all such risks, including those that may result from the negligence of the Owner or other participants.
Participant agrees to use the facility responsibly and not engage in behavior that may cause damage to equipment or the facility. Any vandalism or misuse may result in liability for repair or replacement costs.
Participant acknowledges that there is no supervision or emergency personnel on-site. All emergencies must be reported through the Help system or by contacting emergency services directly.
Participant acknowledges that the Property operates without on-site staff and that access, use of bays, and initiation of activities are automated through the mobile app and facility technology. Participants agree to follow all posted instructions, on-screen guidance, and use the Help button for any questions. Participants assume all risks associated with using an unsupervised, fully automated environment.
Participant, on behalf of themselves and their heirs, personal representatives, and assigns, fully releases and discharges Owner and its affiliates, employees, contractors, and agents ("Released Parties") from any and all claims or liability for injury, death, property damage, or other loss arising from participation in activities at the Property, including due to negligence.
Participant agrees not to initiate legal action or assist in any claims against the Released Parties for any injury, damage, or loss sustained at the Property.
Participant agrees to indemnify, defend, and hold harmless the Released Parties from any third-party claims arising out of Participant's use of the facility, including property damage caused by misuse or violation of facility rules.
This Release shall be governed by the laws of the State of Illinois. Any legal action must be filed in the state or federal courts located in Cook County, Illinois.
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 document constitutes the entire agreement between the parties regarding participation in activities at the Property and supersedes all prior agreements or understandings.
BY ACCEPTING THIS AGREEMENT ELECTRONICALLY, PARTICIPANT ACKNOWLEDGES THAT THEY HAVE READ AND UNDERSTAND THIS RELEASE, HAVE HAD THE OPPORTUNITY TO CONSULT AN ATTORNEY, AND AGREE TO BE BOUND BY ITS TERMS.