CUSTOMER WAIVER OF LIABILITY, ASSUMPTION OF RISK & RELEASE
Parties & Voluntary Participation
This Customer Waiver of Liability, Assumption of Risk & Release (“Agreement”) is entered into by the undersigned participant (“Participant”) in favor of Fairways & Mulligans Golf Lounge LLC, together with its owners, members, managers, officers, employees, agents, representatives, contractors, instructors, event personnel, landlords/property interests, insurers, affiliated entities, equipment manufacturers/suppliers, successors and assigns (collectively, the “Released
Parties”).
Participant understands that use of the venue and participation in recreational activities are voluntary. Participant may decline to participate or may leave the activity rather than participate.
Covered Activities
This Agreement applies to Participant’s presence at, entry into, and use of the Company’s premises and participation in or observation of activities, including without limitation:
- Golf simulators, launch monitors, hitting bays, golf swings, practice sessions, lessons and simulated golf play;
- Use of golf clubs, balls, mats, screens, projectors, sensors, computers and related equipment;
- Dart simulators, darts, throwing areas and related games;
- Walking, standing, sitting, entering or exiting the premises, stairs, ramps, floors and common areas;
- Food and beverage service, including hot foods, beverages and alcohol where lawfully served;
- Private parties, corporate events, leagues, tournaments and other organized activities;
- Any activity occurring during the Participant’s visit, whether organized by the Company, a guest, a host, a league, an instructor, or another participant.
Acknowledgment of Risks
Participant understands and voluntarily accepts that recreational activities and use of the venue involve inherent and other risks of injury, illness, death, and property damage. These risks may occur even when reasonable rules, supervision, warnings, equipment, and safety procedures are used.
- Being struck by a golf club, golf ball, rebound, ricochet, deflected object or equipment;
- Improper, unexpected, errant, sliced, hooked or mis-hit golf shots;
- Equipment malfunction, breakage, failure, movement, rebound or unexpected operation;
- Falls, slips, trips, uneven surfaces, wet floors, obstacles, stairs or changes in elevation;
- Being struck by or injured by darts or dart equipment;
- Collisions with people, furniture, walls, equipment or other objects;
- Muscle strains, sprains, fractures, concussions and other physical injuries;
- Noise, projectors, screens, lighting, flashing images or other sensory conditions;
- Food allergies, burns, choking, illness or reactions to food or beverages;
- Risks associated with other guests, including careless, reckless, impaired or unpredictable conduct;
- Property loss, theft or damage;
- Risks associated with transportation to or from the venue, including after consuming alcohol.
EXPRESS RELEASE OF NEGLIGENCE
IMPORTANT RELEASE LANGUAGE
Participant expressly agrees to RELEASE, WAIVE, DISCHARGE AND COVENANT NOT TO SUE the Released Parties from claims for personal injury, death, illness, property damage, or other loss arising out of or relating to Participant’s presence at the premises or participation in the covered activities, INCLUDING CLAIMS ALLEGING ORDINARY NEGLIGENCE OF A RELEASED PARTY, to the fullest extent permitted by Pennsylvania law.
Participant understands that this Agreement is intended to be interpreted as an express assumption of risk and release of liability for the Released Parties’ own ordinary negligent acts or omissions to the fullest extent permitted by law. Participant understands that Pennsylvania courts strictly construe exculpatory provisions and require clear, particular language when a party seeks protection from its own negligence. This Agreement therefore expressly uses the term “negligence” and identifies the Company’s own negligence. See, e.g., Topp Copy Products, Inc. v. Singletary; Brown v. Racquetball Centers, Inc.; Hinkal v. Pardoe.
Participant further understands that Pennsylvania courts have recognized enforceable releases in voluntary recreational settings when the agreement clearly and unequivocally covers the relevant activity and liability.
Assumption of Risk
Participant knowingly and voluntarily assumes all risks that Participant knows, should reasonably understand, or can reasonably anticipate from the covered activities and use of the premises, including risks created by Participant’s own actions and the actions of other participants.
Participant agrees to exercise reasonable care, follow posted rules and employee instructions, remain outside restricted or unsafe areas, and immediately stop participating and notify staff if Participant believes conditions are unsafe.
Rules, Instructions & Right to Remove
- Participant must follow all posted safety rules and staff instructions.
- Participant must use equipment only for its intended purpose.
- Participant must not swing a club when another person is within the designated swing or impact zone.
- Participant must not enter a dart throwing lane while darts are being thrown.
- Participant must not engage in horseplay, intentional misuse of equipment, throwing objects, fighting or other unsafe conduct.
- Participant must immediately report damaged equipment, unsafe conditions, injuries and incidents to staff.
- The Company may refuse service, stop participation, suspend activity, or require a person to leave when management reasonably determines that conduct or conditions present a safety, legal, licensing, security or operational concern.
Alcohol & Intoxication
Where alcohol is served, Participant understands that alcohol consumption can impair judgment, coordination and reaction time. Participant is solely responsible for deciding whether and how much to consume.
- Participant will comply with all identification, age, service and conduct requirements.
- Participant will not operate a vehicle while impaired.
- Participant will not engage in unsafe recreational activity while impaired.
- Participant acknowledges that other guests may consume alcohol and may behave unpredictably.
- The Company may refuse service or remove a guest consistent with applicable law and Company policy.
Nothing in this Agreement is intended to waive rights or immunities that cannot legally be waived under applicable Pennsylvania law.
Medical Treatment & Emergency Assistance
Participant authorizes Company personnel, when reasonably necessary in an emergency, to contact emergency medical services and to provide reasonable assistance within their training and capabilities. Participant understands that the Company does not guarantee the availability or adequacy of medical care.
Participant is responsible for providing accurate emergency-contact information when requested and for notifying the Company of relevant limitations or accommodations that Participant voluntarily chooses to disclose.
Property & Personal Belongings
Participant is responsible for personal property brought onto the premises. To the fullest extent permitted by law, Participant releases the Released Parties from claims for loss, theft or damage to personal property, except to the extent such release is prohibited by law.
Participant remains responsible for damage Participant intentionally or negligently causes to Company property, subject to applicable law. Nothing in this provision authorizes unlawful wage deductions or other prohibited collection practices.
Minors
A parent or legal guardian must sign this Agreement on behalf of a minor participant where required by Company policy. The parent/guardian represents that they have legal authority to consent for the minor.
The parent/guardian acknowledges the risks described above and, to the fullest extent permitted by law, agrees to the release, assumption-of-risk and indemnity provisions on behalf of the minor and themselves. The parent/guardian agrees to supervise the minor as required by venue rules and applicable law.
The Company does not represent that a parent/guardian’s signature will waive every claim a minor may legally assert; enforceability of releases involving minors can depend on applicable Pennsylvania law and the specific facts.
Indemnification
To the fullest extent permitted by law, Participant agrees to indemnify and hold harmless the Released Parties from third-party claims, damages, costs and reasonable expenses arising from Participant’s intentional misconduct, violation of venue rules, or negligent or wrongful acts, except to the extent caused by conduct that cannot lawfully be shifted to Participant.
This indemnification provision is intended to apply to claims brought by third parties and does not expand the Company’s rights beyond what Pennsylvania law permits.
No Waiver of Non-Waivable Rights
This Agreement does not release or waive any liability or right that cannot lawfully be released or waived under applicable law. Nothing in this Agreement is intended to release gross negligence, reckless conduct, intentional misconduct, fraud, or other claims to the extent Pennsylvania law prohibits such a release.
If any provision is held unenforceable, the remaining provisions shall remain in effect to the maximum extent permitted by law, and the unenforceable provision shall be limited or severed only to the extent necessary.
Governing Law & Venue
This Agreement shall be governed by the laws of the Commonwealth of Pennsylvania, without regard to conflict-of-law principles, except to the extent federal law controls. Any permitted dispute concerning this Agreement shall be brought in a court of competent jurisdiction in Pennsylvania, subject to applicable jurisdiction, venue and consumer-protection law.
Entire Agreement; Electronic & Repeated Visits
This Agreement represents the parties’ understanding concerning the subject matter addressed here and may be supplemented by posted safety rules and written Company policies. No employee or guest may orally modify this Agreement.
Unless the Company provides otherwise in writing, the Agreement is intended to apply to Participant’s current visit and subsequent visits or participation in covered activities for which the Company reasonably presents or incorporates this Agreement, to the fullest extent permitted by law.
Electronic signatures, digital checkboxes, electronically stored acknowledgments, and scanned copies may be used to evidence acceptance where legally permitted.
Acknowledgment
By signing below, Participant acknowledges that Participant:
- Has had the opportunity to read this Agreement before participating;
- Understands that the Agreement contains an express release of claims for ordinary negligence to the fullest extent permitted by Pennsylvania law;
- Understands the inherent and other risks associated with the venue and activities;
- Voluntarily chooses to enter the premises and/or participate;
- Agrees to follow safety rules and staff instructions;
- Understands that Participant may ask questions before signing;
- Agrees that the Company may rely upon this Agreement as a condition of participation where permitted by law.