General Liability
Assumption of Risk and Waiver of Liability
I, the undersigned participant, acknowledge and agree to the following terms and conditions for the rental and use of mobile golf simulator equipment and services provided by The Last Mulligan, LLC (the “Company”):
1. Acknowledgement of Risks
I understand and acknowledge that the use of golf simulator equipment involves inherent risks including, but not limited to:
- Being struck by golf clubs, golf balls, or other equipment
- Tripping, falling, or collisions with equipment or other participants
- Equipment malfunction or failure
- Electrical hazards associated with electronic equipment
- Physical exertion and potential strain or injury
- Damage to personal property or the rental location
2. Assumption of Risk
I voluntarily assume all risks associated with participating in golf simulator activities, whether such risks are known or unknown, foreseen or unforeseen, and whether caused by the negligence of the Company, other participants, or otherwise.
3. Release and Waiver
In consideration for being permitted to use the golf simulator equipment, I hereby RELEASE, WAIVE, DISCHARGE, and COVENANT NOT TO SUE the Company, its owners, employees, agents, contractors, and representatives from any and all liability, claims, demands, actions, or causes of action arising from:
- Personal injury, death, or property damage of any kind
- Equipment malfunction, damage, or failure
- Acts or omissions of Company personnel
- Conditions at the rental location
- Any other circumstances related to the rental and use of golf simulator equipment
4. Indemnification
I agree to INDEMNIFY and HOLD HARMLESS the Company from any claims, damages, or expenses (including attorney fees) arising from my use of the equipment or participation in golf simulator activities.
5. Equipment Responsibility
I acknowledge that I am responsible for:
- Using equipment only as intended and following all safety instructions
- Supervising any minors under my care at all times
- Reporting any equipment damage or malfunction immediately
- Compensating the Company for any damage to equipment caused by misuse, negligence, or failure to follow instructions
Equipment Replacement Values:
- Golf Simulator System: $2,500.00
- Golf Clubs (per club): $300.00
- Other equipment as specified in rental agreement
6. Safety Requirements
I agree to:
- Follow all safety instructions provided by Company personnel
- Ensure all participants wear appropriate footwear (no metal spikes)
- Maintain a safe playing environment free from excessive alcohol consumption
- Not exceed the maximum occupancy limits specified for the equipment
- Allow Company personnel to inspect the setup location for safety
7. Property Damage
I understand that I am responsible for any damage to the rental location, including but not limited to walls, ceilings, flooring, furniture, or fixtures caused by the use of golf simulator equipment. I agree to compensate the property owner for any such damage.
8. Medical Conditions
I certify that I am physically capable of participating in golf simulator activities and have no medical conditions that would prevent safe participation. I agree to immediately notify Company personnel of any injuries or medical emergencies.
9. Photography and Video
I consent to the Company's use of photographs or video recordings taken during the rental period for promotional purposes without compensation.
10. Florida Law and Jurisdiction
This agreement shall be governed by Florida law. Any disputes shall be resolved in the courts of Duval, Florida.
11. Severability
If any provision of this waiver is found to be unenforceable, the remaining provisions shall remain in full force and effect.
12. Entire Agreement
This waiver constitutes the entire agreement between the parties regarding liability and supersedes all prior agreements or understandings.
Acknowledgement
I have read this liability waiver and release agreement, fully understand its terms, and understand that I am giving up substantial rights by signing it. I acknowledge that I am signing this agreement freely and voluntarily.