Comprehensive Liability Waiver and Release Agreement
Ready Golf Club, LLC
PLEASE READ THIS DOCUMENT CAREFULLY BEFORE SIGNING. THIS IS A LEGALLY BINDING DOCUMENT THAT AFFECTS YOUR LEGAL RIGHTS.
1. Parties to This Agreement
This Comprehensive Liability Waiver and Release Agreement (hereinafter referred to as the 'Agreement') is entered into between:
Ready Golf Club, LLC, a limited liability company organized under the laws of the State of California, with its principal place of business located at 3000 Broad Street #104, San Luis Obispo, CA 93401 (hereinafter referred to as the 'Company,' 'we,' 'us,' or 'our'); and
The individual identified below, who is either participating in activities offered by the Company or is the parent or legal guardian of a minor who will be participating in such activities (hereinafter referred to as 'Participant,' 'you,' or 'your').
2. Activities Covered
This Agreement covers participation in indoor golf and use of Trackman golf simulator bays (hereinafter referred to as the 'Activities') at the Company's facility located at 3000 Broad Street #104, San Luis Obispo, CA 93401, as well as any related events, competitions, instruction, training, or demonstrations conducted by the Company at any location.
3. Acknowledgment of Risks
3.1 General Risk Acknowledgment
Participant acknowledges and understands that participation in the Activities involves both known and unanticipated risks that could result in physical or emotional injury, paralysis, death, illness, or damage to Participant, to property, or to third parties. Participant understands that such risks simply cannot be eliminated without jeopardizing the essential qualities of the Activities.
3.2 Specific Risks
Participant specifically acknowledges and understands that participation in the Activities may expose Participant to the following risks, which include but are not limited to:
Physical injuries, including but not limited to sprains, strains, fractures, dislocations, contusions, lacerations, and in extreme cases, paralysis or death;
Property damage or loss, including damage to personal equipment, clothing, or other belongings;
Injuries resulting from the actions, omissions, or negligence of other participants, spectators, or persons present at the facility;
Injuries resulting from the actions, omissions, or negligence of the Company, its owners, operators, employees, agents, or contractors;
Injuries resulting from the condition of the facility, equipment, or the natural environment;
Injuries resulting from the Participant's own physical condition and any pre-existing medical conditions;
Injuries resulting from overexertion, dehydration, or fatigue;
Injuries resulting from improper use of equipment or facilities;
Injuries resulting from failure to follow instructions, rules, or protocols established by the Company or its representatives;
Emotional distress, embarrassment, or psychological injuries related to any of the above.
3.3 Assumption of Risk
Participant expressly agrees and promises to accept and assume all of the risks existing in the Activities. Participant's participation in the Activities is purely voluntary, and Participant elects to participate in spite of the risks. Participant acknowledges that they have been informed of and understand the risks involved and that they assume those risks voluntarily and without duress.
4. Waiver and Release of Liability
4.1 Release of Claims
In consideration for being permitted to participate in the Activities, Participant, on behalf of themselves, their heirs, assigns, personal representatives, and next of kin, hereby voluntarily and knowingly releases, waives, discharges, and covenants not to sue the Company, its owners, directors, officers, employees, volunteers, agents, contractors, representatives, affiliates, successors, and assigns (collectively, the 'Released Parties') from any and all claims, demands, damages, rights of action or causes of action, present or future, arising out of or connected with Participant's participation in the Activities, including any injuries, losses, or damages of any kind, including but not limited to personal injury, disability, death, property damage, or economic or non-economic losses, that may be sustained by Participant, whether caused by the negligence of the Released Parties or otherwise, to the fullest extent permitted by law.
4.2 Scope of Release
This release is intended to be as broad and inclusive as is permitted by the laws of the State of California and if any portion thereof is held invalid, it is agreed that the balance shall, notwithstanding, continue in full legal force and effect. This release includes, but is not limited to, claims based on:
Ordinary negligence of the Released Parties or any other participant;
Premises liability;
Breach of contract;
Breach of warranty;
Product liability;
Any other legal theory of recovery.
4.3 California Civil Code Section 1542 Waiver
Participant expressly waives the provisions of California Civil Code Section 1542, which provides:
'A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.'
4.4 Limitation on Release
Notwithstanding the foregoing, nothing in this Agreement shall be construed to release the Released Parties from liability for gross negligence, willful or wanton misconduct, or intentional acts.
5. Covenant Not to Sue
Participant agrees and covenants not to initiate, prosecute, or assist in the prosecution of any suit, claim, demand, or cause of action against the Released Parties related to or arising from the Activities or this Agreement.
6. Indemnification
Participant agrees to indemnify, defend, and hold harmless the Released Parties from any and all claims, demands, losses, damages, liabilities, costs, and expenses (including but not limited to attorneys' fees and costs) arising from or related to Participant's participation in the Activities, breach of this Agreement, violation of any law, rule, regulation, or policy, damage to property caused by Participant, or injury to any person caused by Participant.
7. Property Damage Responsibility
Participant assumes full responsibility for any damage to property, equipment, or facilities owned, leased, or controlled by the Company that is caused by Participant. Participant agrees to inspect all equipment and facilities before use and to notify Company staff immediately of any defective, unsafe, or dangerous conditions.
8. Health and Fitness Verification
Participant represents and warrants that they are in good health and in proper physical condition to participate in the Activities and certifies that they have no known health conditions that would preclude them from safely participating.
9. Emergency Contact Information
Participant agrees to provide accurate emergency contact information prior to participating in the Activities. In the event of an emergency, Participant authorizes the Company to contact the designated emergency contact person. The primary emergency contact for the Company is Justin Stearns, Owner.
10. Insurance Recommendation
The Company strongly recommends that Participant maintain personal health, accident, and liability insurance coverage. Participant acknowledges that the Company does not provide any insurance coverage for Participant's benefit.
11. Rules and Regulations Acknowledgment
Participant acknowledges that they have read, understood, and agree to abide by all rules, regulations, policies, and procedures established by the Company, including safety rules, equipment usage guidelines, facility rules, behavioral expectations, check-in and reservation procedures, cancellation and refund policies, and any additional rules provided by Company staff.
12. Media Release
Participant hereby grants to the Company the absolute and irrevocable right and permission to use, publish, broadcast, and copyright photographs, video recordings, audio recordings, or other recordings of Participant's name, voice, likeness, image, appearance, and performance made during participation in the Activities, in any media now or hereafter known, for marketing materials, social media, website, promotional videos, and any other lawful purpose, without further compensation to Participant.
13. Arbitration Agreement
Any dispute arising out of or relating to this Agreement shall be determined by arbitration administered by Radovich Mediation Group at 1334 Chorro St, San Luis Obispo, CA 93401. The arbitration shall take place in San Luis Obispo County, California, and shall be governed by the laws of the State of California. Participant agrees that any arbitration or other legal action shall be conducted solely on an individual basis and waives any right to bring a class action.
14. General Provisions
This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof. Participant acknowledges that they have had sufficient opportunity to read this entire Agreement, that they have read and understood it, and that they agree to be bound by its terms. Participant further acknowledges that this Agreement is being signed prior to membership activation and participation in any Activities, and that they are signing freely and voluntarily.
Ready Golf Club, LLC:
By: Justin Stearns, Managing Member