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Lauderdale Links
Lauderdale Links LLC

Waiver & Release of Liability

Golf Simulator Facility — All Participants Must Sign Before Entry

By checking the box, I acknowledge that I have read, understood, and agree to be bound by this Waiver & Release of Liability (this "Agreement") in favor of LAUDERDALE LINKS LLC, its officers, directors, owners, investors, managers, employees, agents, independent contractors, volunteers, affiliates, subsidiaries, insurance carriers, suppliers, successors, and assigns (collectively, the "Company"). This Agreement applies each time I (1) enter Company premises; (2) use Company facilities or equipment; or (3) participate in Company services or instruction.
IMPORTANT: ALL individuals who enter the facility — whether actively participating in golf simulator play or not, including spectators and guests seated in lounge areas — are required to sign this Agreement before entering the premises.
If I am checking the box on behalf of a Minor Participant (defined below), I represent that I have legal authority to do so, and I expressly assume all risks and release the Company from all liability as set forth herein on behalf of the Minor Participant and their heirs, executors, administrators, and assigns.

1. Assumption of Risk

1.1 I understand that my presence on and use of Company facilities, equipment, premises, and/or services is undertaken at my sole risk. I voluntarily agree to assume ALL RISK of injury, illness, damage, or loss — including serious injury, severe illness, illness related to pandemic or epidemic (such as COVID-19), or death — whether to myself or my property (including loss or theft of personal property), arising out of or connected with such presence and use.
1.2 I represent that I am physically capable of participating in the activities available at the Company's premises, and I understand that no exercise or physical activity program should be undertaken without the prior consent of a licensed medical doctor. I take sole responsibility for obtaining such consent.
1.3 I understand and appreciate that physical activities — including, without limitation, swinging golf clubs in a simulator environment — are inherently strenuous and subject to risk of injury, including serious injury or death. I expressly assume responsibility for such inherent risks.
1.4 I specifically acknowledge the following risks inherent to golf simulator facilities, including but not limited to:
  • Ricocheting or misdirected golf balls causing injury to myself or others;
  • Struck-by hazards from golf clubs or equipment;
  • Slipping, tripping, or falling on mats, flooring, or adjacent areas;
  • Equipment malfunction, including sudden failure of simulator screens, hardware, or software;
  • Injuries resulting from failure to comply with safety rules posted on premises.
1.5 I represent that, to the best of my knowledge, I am not currently experiencing — and have not experienced in the last 14 days — any symptoms possibly related to COVID-19 or similar communicable illness, I have not traveled to areas of high infection, and I am following all applicable CDC recommended guidelines.
1.6 I acknowledge the contagious nature of COVID-19 and similar illnesses and understand that, despite the Company's preventative measures, the Company cannot guarantee that I will not become infected while on the premises.

2. Express Waiver and Release of Liability (Including for Company Negligence)

2.1 In consideration for being permitted to enter Company premises and use Company facilities, I agree that the Company shall not be liable for any claims, demands, injuries, losses, liabilities, damages, costs, expenses, actions, or causes of action whatsoever — including, without limitation, those arising out of the ordinary negligence of the Company — in respect of my person or property.
2.2 I, ON BEHALF OF MYSELF AND MY HEIRS, EXECUTORS, ADMINISTRATORS, AND ASSIGNS, HEREBY EXPRESSLY RELEASE, DISCHARGE, AND COVENANT NOT TO SUE the Company from any and all such claims, regardless of whether such claims arise from the Company's actions, omissions, or negligence.
2.3 Without limiting the foregoing, the Company shall not be liable for any injury or loss — including serious injury, severe illness, or death — arising from:
  • My attendance at or passage through Company premises;
  • My use of or proximity to any amenities, equipment, or facilities provided by the Company, including golf simulators, screens, sound systems, rental clubs, or other property;
  • My participation in any activity, class, program, or instruction at Company premises;
  • Sudden or unforeseen malfunction of any equipment or amenities;
  • Company instruction, training, supervision, or recommendations;
  • My slipping and/or falling anywhere on Company premises, including adjacent sidewalk areas, stairs, or elevators;
  • Ricocheting golf balls, whether arising from my use of the facility or another participant's use;
  • Impact from golf clubs, equipment, or other objects while on or near an active bay;
  • Injuries sustained while traversing the facility, including when moving between bays or other areas.

3. Golf Simulator Safety Rules

By entering any Company facility, I agree to strictly comply with the following rules at all times. Failure to follow these rules may result in removal from the premises without refund.
3.1 Bay Use & Club Swinging Rules:
  • The facility contains THREE (3) simulator bays. Only ONE (1) person may occupy an active bay mat at a time.
  • ALL club swinging must occur from within the designated bay area only — specifically, only while standing on the bay mat. Swinging golf clubs outside a bay boundary (i.e., off the mat) is STRICTLY PROHIBITED.
  • All shots must be directed toward the simulator screen directly in front of the bay.
  • Non-playing guests, spectators, and all other individuals must remain behind the designated bay boundary lines at all times and may NOT stand on the mat while another individual is swinging.
  • Golf balls must never be thrown.
3.2 Traversal & Pedestrian Safety Rules:
  • When moving between areas of the facility (e.g., walking behind or alongside bays), ALL individuals must exercise extreme caution and remain aware of active golfers.
  • No individual may walk behind or pass an active bay while a golfer is in the process of swinging or preparing to swing. You must WAIT until the golfer has completed their swing before passing.
  • Always maintain awareness of your surroundings. Be alert for ricocheting balls when moving through or near active bay areas.
3.3 General Safety:
  • All individuals must use common sense and remain mindful of their circumstances at all times.
  • Individuals under the age of 16 must be supervised by a parent or legal guardian at all times, including in restrooms.
  • All individuals must follow Company guidelines and any posted preventative measures.
  • I will immediately report any accident or injury sustained to a staff member.
  • I authorize Company staff to seek emergency medical care on my behalf if I am incapacitated, and I assume all related costs.

4. Indemnification

4.1 I AGREE TO INDEMNIFY, REIMBURSE, AND HOLD HARMLESS the Company against any and all claims (including damages, legal costs, and expenses) arising out of or connected to my use of any Company facilities, equipment, premises, and/or services.

5. Property Damage Liability

5.1 I understand that the Company's facility contains valuable equipment including monitors, computer systems, simulator screens, projectors, and rental clubs (collectively, "Company Property").
5.2 I agree that I shall be personally liable for, and agree to pay in full, the cost of REPAIRING OR REPLACING any Company Property damaged or destroyed as a result of my careless, reckless, negligent, or intentional acts or omissions.
5.3 The cost of repair or replacement shall be determined at the Company's sole discretion. I agree to pay such amount promptly upon demand by the Company.
5.4 Failure to compensate the Company may result in legal action, and I agree the Company shall be entitled to recover all costs of collection, including reasonable attorneys' fees.

6. Minor Participants

6.1 & 6.2 If the participant is under 18 ("Minor Participant"), the undersigned parent or legal guardian acknowledges and assumes all risks, responsibilities, and liabilities. I release the Company from all liability for any claims arising out of the Minor Participant's presence, regardless of Company negligence.
6.3 The parent or legal guardian is solely responsible for supervising the Minor Participant at all times. Company staff monitor equipment but do not supervise minors.

7. Payment, Cancellation & Refund Policy

7.1 Payment for all products, services, and programs is required in full at point of sale. All sales are final and non-refundable. Services are non-transferable. The Company reserves the right to terminate any individual's enrollment or membership at any time.

8. Permission to Use Likeness

8.1 I grant the Company permission to photograph or video record me on premises and to use my likeness in any and all of its publications, websites, and other media, in perpetuity, without compensation.

9. General Provisions

9.1 Severability: If any provision is found invalid, the remaining provisions shall remain in full force.
9.2 Integration: No oral or other written communications shall alter or supersede this Agreement.
9.3 Governing Law & Venue: This Agreement is governed by the laws of the State of Florida. The parties agree to venue in Broward County, Florida.
ACKNOWLEDGMENT: By checking the box below, I acknowledge that I have CAREFULLY READ this Agreement and fully understand all of its terms. I execute this Agreement voluntarily and with full knowledge of its significance. I understand that I am relinquishing substantial legal rights, including the right to financial recovery for injury, whether caused by the inherent risks of the activity or by the ordinary negligence of the Company. I expressly agree that this Agreement shall be binding upon myself, my spouse, my heirs, executors, administrators, and assigns.