Brooklyn Greens LLC Safety Waiver and Release of Liability
I acknowledge that I have read this Waiver & Release of Liability and understand that it is a RELEASE OF LIABILITY in favor of Brooklyn Greens Golf, LLC, its officers, directors, owners, investors, managers, employees, agents, independent contractors, volunteers, affiliates, subsidiaries, insurance carriers, suppliers, successors, and assigns (collectively herein, the “Company”). This Waiver & Release of Liability applies to today and each time I: (1) enter Company premises, or (2) participate in Company services or instruction in the future.
1. Assumption of Risk:
1.1. I understand that my presence on and/or use of Company facilities, equipment, premises, and/or services may subject me to serious injury. I acknowledge that my presence on and/or use of the Company facilities, equipment, premises, and/or services is undertaken at my sole risk and I agree that I am voluntarily participating in activities and using the Company’s facilities, equipment, premises, and/or services and I ASSUME ALL RISK of injury, illness, damage or loss to myself (including without limitation serious injury, severe illness, illness related to pandemic or epidemic (such as COVID-19), or death), my golfing skills and/or abilities, or my property that might result from such participation and/or use (including without limitation) any loss or theft of any personal property.
1.2. I represent that I am physically capable of participating in exercise and other activities and services provided by Company or at Company’s premises. I understand that no exercise/activity program should be undertaken without the consent of a medical doctor, and I am responsible for obtaining such consent.
1.3. I understand and appreciate that physical exercise and activities (including, without limitation, golf and games) can be inherently strenuous, dangerous, and subject to great risk of injury, including, but not limited to, serious injury, severe illness, or death, and I expressly assume the responsibility for such inherent risk.
1.4. I recognize that golf simulators are instructional in nature.
1.5. I represent that: I am fully vaccinated from COVID- 19 (as defined by the CDC) and I am not currently experiencing (and have not experienced for the last 10 days) any symptom of illness possibly related to COVID-19, such as cough, shortness of breath or difficulty breathing, fever, chills, repeated shaking with chills, muscle pain, headache, sore throat, or loss of taste or smell; I have not traveled to areas of high infection of COVID-19 within the last 10 days; I do not believe I have been exposed to someone with a suspected and/or confirmed case of COVID-19 in the last 10 days; I have not been diagnosed with COVID-19 and not yet cleared as non-contagious by state or local public health authorities; and I am following all CDC recommended guidelines as much as possible and limiting my exposure to COVID-19.
1.6. I acknowledge the contagious nature of COVID-19; that Company has put in place preventative measures to reduce the spread of COVID-19 (and related illnesses); and that even so, Company cannot guarantee that I will not become infected with COVID-19.
2. Express Waiver and Release of Liability (Including for Company Negligence):
2.1. In consideration for being allowed to enter Company premises and/or participate in activities there, I agree that the Company will not be liable for any claims, demands, injuries, loss, liability, damages, costs, expenses, actions, or causes of actions whatsoever in respect of myself or my property (including, without limitation, lost or damaged personal possessions), arising out of or connected with the use of any of the facilities, equipment, premises, and/or services of Company. I HEREBY EXPRESSLY RELEASE AND DISCHARGE AND COVENANT NOT TO SUE Company, its officers, directors, owners, investors, managers, employees, agents, independent contractors, volunteers, affiliates, subsidiaries, insurance carriers, suppliers, successors, and assigns from any and all such claims, demands, injuries, loss, liability, damages, costs, expenses, actions, or cause of action, notwithstanding the actions, omissions, or any negligence on the part of one or more of these parties.
2.2. In particular and by way of example, I agree that Company will not be liable or responsible for any injury and/or harm to my golfing skills (including, without limitation, my putting, driving, or any other golfing skills for which I may receive instruction from the Company), injury to me (including, without limitation, serious injury, severe illness, illness related to pandemic or epidemic (such as COVID-19), or death) which may occur as a result of the following, regardless of Company’s actions, omissions, and/or negligence:
2.2.1. My attendance at Company premises and exposure to other individuals within Company premises;
2.2.2. My use of any amenities and/or equipment provided by Company;
2.2.3. My participation in any activity, class, program, and/or instruction provided by Company or on Company premises;
2.2.4. The sudden and unforeseen malfunctioning of any amenities and/or equipment provided by Company or on Company premises;
2.2.5. Company instruction, training, supervision, or dietary recommendations; and/or
2.2.6. My slipping and/or falling while in the facility or on Company’s premises, including, but not limited to, adjacent sidewalk areas, stairs, and elevators.
2.3. I agree that this Waiver & Release of Liability, including for any Company negligence, shall be binding upon my spouse, heirs, executors, administrators, and assigns.
3. Indemnification:
3.1. I AGREE TO INDEMNIFY, REIMBURSE, AND HOLD HARMLESS Company against any claims (including, without limitation, for damages and any legal costs and expenses) arising out of or connected to my use of any of the facilities, equipment, premises, and/or services of Company, including but not limited to the following:
3.1.1. Claims made by me, my parent(s)/legal guardian(s), my spouse, children, wards, or others arising out of or connected to an injury (including, without limitation, serious injury, severe illness, illness related to pandemic or epidemic (such as COVID-19), or death) to me; and/or
3.1.2. Claims of co-participants, rescuers, or others arising out of or connected to my conduct at Company premises or using Company facilities, equipment, premises, and/or services.
4. Safety Rules:
4.1. By entering any Company facility, I agree to abide by the following safety rules, as well as other safety rules communicated or posted at the facility and/or online:
4.1.1. All individuals must hit from the tee box mat area only (i.e., individuals must not swing golf clubs while standing anywhere else in the facility) and must aim toward the golf simulator screen.
4.1.2. Only the individual who is taking a turn may stand on the tee box mat. All other players, spectators, and other individuals must stay behind the designated tee box mat boundary.
4.1.5. All individuals must use common sense and be mindful of their circumstances/surroundings to avoid injuring other persons or property.
4.1.6. All individuals must follow the latest company Health and Safety Policy and preventative measures to reduce the spread of COVID-19 (and related illnesses).
4.1.3. All individuals under the age of 16 must be supervised by an adult while on Company premises.
4.1.4. All individuals must refrain from throwing golf balls.
5. Injuries:
5.1. I will immediately report any accident or injury suffered in Company’s facilities to a staff person and will provide a written report from my doctor within a reasonable time upon request.
5.2. I authorize emergency medical care and assume all related costs.
6. Property Damage:
6.1. I agree to pay for damage to Company equipment and premises and third-party property caused by me and/or my guests (or guests’) careless use of equipment or other intentional or negligent acts.
7. Permission to Use Likeness:
7.1. I grant Company permission to use my likeness in photographs and video in any and all of its publications and in any and all other media, in perpetuity, and for other use by Company. I will make no monetary or other claim against Company for the use of such photographs and video.
8. Personal Responsibility with Alcohol:
8.1. Consumption of alcohol while on Company premises is optional and a personal decision. By using Company facilities, equipment, premises, and/or services, I agree that any alcoholic beverages I consume are my own choice and responsibility. I agree to drink responsibility and heed suggestions from others and will not drive if I am intoxicated. I acknowledge that I alone am responsible for all of my actions resulting from consuming alcohol and Company is in no way responsible. I agree to indemnify and hold harmless Company for any claims which may result from my consumption of alcoholic beverages.
9. Minors:
9.1. If I am signing for a minor participant, I represent that I am the minor’s parent or legal guardian or I have permission from the minor’s parent or legal guardian to sign on behalf of the minor’s parent or legal guardian to, among other things and as set forth more fully in sections 1-8 above and 9.2 below, assume all risk and release Company from all liability for any injury (including, without limitation, serious injury or death) to the minor.
9.2. As set forth more fully in sections 1-8 above as applied to the minor participant, I expressly:
9.2.1. Assume all risk of the minor’s injury (including, without limitation, serious injury, severe illness, illness related to pandemic or epidemic (such as COVID-19), or death) or loss;
9.2.2. Release Company from all liability for any claims for such injury or loss arising out of or connected to the minor’s entry onto Company premises and/or minor’s use of any Company facilities, equipment, amenities and/or services, regardless of whether such injury or loss was caused by Company negligence; and
9.2.3. Agree to indemnify, reimburse, and hold harmless Company against any claims (including for damages and any legal costs and expenses) arising out of or connected to the minor’s use of any of the services, facilities, equipment, and/or premises of Company.
9.3. Each section in this Waiver & Release of Liability applies to the minor (e.g., minor’s entry on Company premises, use of Company equipment or facilities, participation in any services or instruction provided by Company or on Company premises, and/or potential injury resulting from any such entry, use, participation, or similar activities).
10. Severability:
10.1. If any part of this Waiver & Release of Liability is found to be invalid or unenforceable, the remainder of the Waiver & Release of Liability will remain in full force and effect.
11. Integration:
11.1. I understand and agree that no oral or written communications can or will alter the contents of this Waiver & Release of Liability.
12. Governing Law & Venue:
12.1. This Waiver & Release of Liability is governed by the laws of New York State and the parties hereto agree to the venue of New York County.
13. Payment, Refund, & Cancellation Policy:
13.1. Payment for all products, services, and special programs is required in full at the point of sale. All sales are final, all payments for products, services, and special programs are non-refundable and services are non-transferable. Company reserves the right to terminate an individual’s enrollment in any program or membership at any time. If such termination is due, in the sole judgment of Company, to the unsafe, disruptive, uncooperative, negligent, reckless, or otherwise improper acts or omissions of, or violation of any policy or rule of Company by the client, all amounts previously paid, will be forfeited.
By signing this Waiver & Release of Liability, I acknowledge that I have read this Waiver & Release of Liability and understand all of its terms. I execute this Waiver & Release of Liability voluntarily and with full knowledge of its significance. I fully understand that I am hereby relinquishing substantial legal rights, including the right of financial recovery for injury, whether the injury results from the inherent risks of the activity or from the ordinary negligence of the Company. I expressly agree that this Waiver & Release of Liability shall be binding upon my spouse, parents/legal guardians, heirs, executors, administrators, and assigns.