Participant Waiver and Release of Liability
PARTICIPANT WAIVER AND RELEASE OF LIABILITY
LONGBALL COCKTAIL CLUB, SAN DIEGO, CA
In consideration of the opportunity to use the Longball Cocktail Club’s facility, including golf simulators, related equipment, and components, I agree to the following Waiver and Release of Liability ("Agreement"):
1. Waiver and Release of Liability
I understand that my participation and use of the facility, golf simulators, and related equipment are voluntary and subject me to potential risks, including physical injury (ranging from minor to severe or even resulting in death) and loss or damage to my property ("Risks"). Additionally, I acknowledge that careless or reckless use of the equipment or facility could result in damage. Therefore, I agree to the following:
a. I release and hold harmless Longball Cocktail Club, its officers, directors, employees, agents, volunteers, and contractors ("Releasees") from any claims, demands, losses, liabilities, damages, attorney fees, or costs arising from these Risks ("Claims"), including those caused by the negligent acts or omissions of the Releasees.
b. I recognize the physical exertion required to use the equipment and certify that I am physically fit to participate. I have not been advised otherwise by a health professional.
c. I will be solely responsible for any medical bills or costs related to injuries or property damage I sustain during my participation.
d. I accept personal liability for any damage I cause to the facility, simulators, or related equipment through careless, reckless, or intentional actions.
e. This Agreement is binding upon my heirs, executors, administrators, successors, and assigns, as well as any party making Claims on my behalf.
2. General Provisions
a. This Agreement will be governed by California law, and any disputes must be resolved in San Diego County courts.
b. This Agreement contains the entire understanding between the parties and may only be modified in writing and signed by all parties.
c. If any portion of this Agreement is deemed invalid, the remaining provisions shall remain in full effect.
3. Venue Safety Rules and Regulations
I agree to follow all safety rules and procedures to protect myself, other guests, and the facility. These include but are not limited to:
Clean Shoes & Clubs: Ensure shoes and clubs are clean before use.
Food & Drink: Keep all food and beverages in designated areas; no food or drinks are allowed inside the simulators.
Supervision: Children under 12 must be supervised by a non-golfing adult.
Respect for Equipment: Use only the equipment provided; avoid reckless use.
Safety in Swing Areas: Ensure only one person is in the hitting area at a time, and check surroundings before swinging.
Damage Responsibility: Participants are financially responsible for damage caused by failure to follow rules.
Note: Surveillance cameras are in use for safety and monitoring. Tampering with equipment or cameras may result in financial compensation to Longball Cocktail Club.
4. Parent or Guardian Waiver for Minors
If I am signing on behalf of a minor, I confirm that I am the legal parent/guardian and accept full responsibility for the minor’s actions and any Claims arising during their participation.
By typing your name below, you acknowledge that you have read, understood, and agree to the terms outlined in the waiver of liability. Your typed name serves as your digital signature, releasing Longball from any liability as described above.