Liability Waiver

Assumption of Risks, Waiver of Liability, Binding Arbitration Agreement
Tee To Green Sim Golf, LLC

(278 Shoppes on The Parkway, Blowing Rock, NC) (the “Premises”)

All participants in activities on the Premises must agree to this assumption of risk, Waiver of Liability and binding arbitration agreement (this “Agreement”) prior to entering this facility operated by Tee to Green Sim Golf, LLC, a North Carolina limited liability company (the “Company”). By entering this facility, I acknowledge that the activities performed at this facility come with inherent risks and that I could be seriously injured through participating in such activities at this facility. I acknowledge that golf balls are driven at high speeds and Golf clubs are swung at high speeds, both of which reach speeds frequently exceeding 100 miles per hour. If I am hit by someone swinging a club, I could be seriously injured. Additionally, golf balls, tees, and other golf equipment may ricochet and injure me.

In consideration of Company accepting my participation, I hereby acknowledge and accept that I have voluntarily applied to participate in the golf simulators for which Company is furnishing services and/or equipment and which requires physical exercise and other motor skills (the “Activity”).

ASSUMPTION OF RISK

I acknowledge and accept that the Activity and undertakings associated therewith may be physically and emotionally challenging, and create exposure to risk of accident, personal injury, death, damage to personal property, or mental distress. I acknowledge and agree that the Activity may involve numerous inherent risks associated with the sport of golf.

I EXPRESSLY ACKNOWLEDGE THAT I AM PARTICIPATING IN THE ACTIVITY AT MY OWN RISK. I AGREE TO BE RESPONSIBLE FOR MY OWN WELFARE AND ACCEPT ANY AND ALL RISKS OF DELAY, UNANTICIPATED EVENTS, INCONVENIENCE, ILLNESS, INJURY, EMOTIONAL TRAUMA, OR DEATH.

I understand that Company will make every reasonable effort to ensure safety during the Activity. However, Company does not own, operate or control all guests (or their equipment) of the premises or conditions created at the premises. I agree that Company shall not be liable for any damage, loss, cost or inconvenience suffered or incurred as a result of the action or inaction of any such parties or conditions created.

I agree to follow all written and oral instructions and rules of safety presented to me by Company. I agree that Company shall not be responsible for, and I hereby release and discharge Company from, any liability for, or any loss or damage to personal property I bring to the facility, including in particular golf clubs and equipment; provided such loss or damage is not the result of Company’s gross negligence. I understand that Company reserves the right to refuse to allow any person to join or continue participating in this Activity or any other if it judges that person incapable of meeting the rigors and demands of participating in the Activity, or otherwise unsuitable for participation in the Activity.

Waiver of Liability:

I, agree on behalf of myself, my heirs, executors, administrators, and personal representatives and those of any minor participant for whom I am acting (“Releasing Parties”) to hereby irrevocably, unconditionally, and forever release, acquit, discharge, and hold harmless Company, as well as any and all directors, officers, trustees, members, managers, staff, employees, volunteers, agents, contractors, personal representatives, heirs, attorneys, successors and assigns thereof, including all affiliated entities or subsidiaries, and all other persons and entities connected with such entities (“Released Parties”), from any and all charges, actions, complaints, causes of action, claims, liabilities, controversies, damages, suits, proceedings, expenses, attorneys’ fees, and demands of any kind or nature whatsoever, known or unknown, suspected or unsuspected, whether arising out of contract, tort, strict liability, or otherwise, whether currently existing or arising, occurring or accruing in the future, based upon, arising out of, related to, or connected in any way to the Activity, except to the extent caused by the gross negligence and/or willful misconduct of any of the Released Parties.

I further agree and understand, on behalf of myself, my heirs, executors, administrators, and personal representatives and those of any minor participant, that I may be injured by the actions of customers or invitees of Company at the Premises (hereafter “Third Parties”). In such event, I agree to release, discharge, waive, defend and indemnify the Released Parties against any claims arising from acts or omissions of Third Parties on the Premises. I also acknowledge that the acts or omissions of the Releasing Parties, including myself or my heirs, executors, administrators, and personal representatives and those of any minor Participant, may cause injury to other customers, invitees, employees, independent contractors or agents of Company, while on the Premises. In such event, I agree to defend and indemnify the Released Parties and any third party invitee or customer against any claim which was caused, in whole or in part, by one or more of the Releasing Parties.

I recognize the physical exertion involved in the use of the Premises’ golf simulator and related equipment, and attest and certify that I am physically fit and mentally capable to participate safely, and I have not been advised otherwise by a health care professional.

Check whether such waiver is made on behalf of a minor: ___Yes ____No

The following language shall only be applicable if this Agreement concerns a minor: Parent or Guardian Waiver of Liability on behalf of Minor: I represent and acknowledge that I am the parent, legal guardian and/or authorized custodian of any individual(s) under the age of 18 years (referred to in this Agreement as the “Minor”) who attend at the Facility with me, or whom I bring into the Facility, and I represent that I have the legal authority to execute this Waiver of Liability on behalf of the Minor. I agree to indemnify and hold harmless the Facility and the Releasees for any claims that the Minor may now have or may arise in the future as against the Releasees arising out of the Minor attending at the Facility, participating in the Activities and/or using the equipment. In the event that I do not have the authority to sign this Waiver of Liability on behalf of the Minor, I agree to indemnify the Facility and the Releasees from any and all claims made by the Minor and/or his or her legal representatives arising out of the Minor attending at the Facility, participating in the Activity and/or using the equipment. I acknowledge and confirm that:

·       The Minor is physically capable of participating in the Activity and using the equipment.

·       The Minor does not have any pre-existing physical or medical conditions which would endanger him or her or a third party while participating in the Activity, using the equipment and/or being present in the Facility;

·       The Minor will be under my supervision during his or her stay at the Facility; and

·       The Facility is not responsible for the loss of property of the Minor while at the Facility.

Binding Arbitration:

I agree that any dispute concerning, relating, or referring to this Agreement or to the Facility itself, shall be resolved exclusively by binding arbitration pursuant to the Federal Arbitration Act, 9 U.S.C. §§ 1-16, either according to the then Commercial Rules of the American Arbitration Association (AAA) or pursuant to the Comprehensive Arbitration Rules & Procedures of the Judicial Arbitration and Mediation Services, Inc. (JAMS). Such proceedings will be governed by substantive (but not procedural) North Carolina law, and will take place in Watauga County, North Carolina. The arbitrator and not any federal, state, or local court or agency shall have exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability, unconscionability, or formation of this Agreement, including but not limited to any claim that all or any part of this Agreement is void or voidable. By agreeing to these terms, I, as well as Company and all other released parties, waive any right to a trial by jury. I further expressly agree that the foregoing Agreement is intended to be as broad and inclusive as is permitted by applicable law and that if any portion hereof is held void or unenforceable, it is agreed that, notwithstanding any such invalidity, the remainder of this Agreement shall continue in full legal force and effect. In the event that any action related to this Agreement must be heard in a court, the exclusive venue and jurisdiction for the proceeding shall be in the Watauga County, North Carolina Superior Court. Each party hereto irrevocably submits to the jurisdiction such court in such action or proceeding. This Agreement represents the complete understanding between the parties regarding these issues and no oral representations, statements or inducements have been made apart from this Agreement.

Media Release:

I acknowledge that Company may take photographs and video (Material) during the Activity that include my name, image or likeness and agree that Company may use Material in its print and online marketing efforts and share Material with all fellow participants and with third party marketing agencies without any remuneration to me. I assign to Company all right to Material that may include my name, image or likeness.

Knowing and Voluntary Execution:

I represent and warrant that I am eighteen (18) years of age or older, or if a minor participant, have obtained my parent or guardian’s written consent to participate in the Activity, am under no legal incapacity to execute this Agreement and intend to be bound by its terms, and that I have read this Agreement and fully understand the terms and provisions hereof (including, without limitation, that this is a release of liability), and that I intend to be bound by this Agreement.

I HAVE CAREFULLY READ THIS AGREEMENT AND FULLY UNDERSTAND ITS CONTENTS. I AM AWARE THAT THE TERMS OF THE AGREEMENT ARE CONTRACTUAL AND NOT A MERE RECITAL, AND SIGN IT OF MY OWN FREE WILL. I ACKNOWLEDGE THAT THIS AGREEMENT SHALL BE EFFECTIVE AND BINDING UPON THE PARTICIPANT AND MINOR PARTICIPANT. I FURTHER AGREE BY RESERVING A BAY, MYSELF AND MY PARTY ARE AGREEING TO THE ABOVE TERMS, AND THE READER IS RESPONSIBLE FOR ENSURING ALL MEMBERS PRESENT HAVE READ THIS AND AGREE TO IT.

Parent REPRESENTS AND WARRANTS that Parent is the legal guardian of Participant and has the full legal capacity to consent to this Agreement on behalf of the Participant listed above.