Waiver

DTX Golf Club

In consideration of being permitted to enter and use the DTX Golf Club building, golf simulators, equipment, and all related facilities (collectively, the “Premises”), I agree to the following terms:

1. Waiver and Release of Liability

I understand that participating in activities on the Premises involves inherent risks, including but not limited to physical injuries (ranging from minor to severe, including death) and loss of or damage to personal property (collectively, the “Risks”). I also understand that my careless, reckless, or improper use of the facilities could cause damage to the Premises or equipment. In full recognition of these Risks, I agree as follows:

a. Release of Liability

I hereby release, discharge, and hold harmless DTX Golf Club, its owners, officers, directors, employees, agents, contractors, and volunteers (collectively, the “Releasees”) from any and all claims, demands, damages, losses, liabilities, attorney fees, and expenses arising out of or related to my presence on or use of the Premises, including claims arising from the negligence of any Releasee.

b. Physical Condition

I certify that I am physically fit to safely participate in the activities offered and have not been advised otherwise by a medical professional.

c. Medical and Property Responsibility

I agree that I am solely responsible for all medical expenses, treatment costs, and property damage or loss I may sustain as a result of my participation.

d. Responsibility for Damage

I understand and agree that I am personally and financially responsible for any damage to the building, simulator bays, equipment, or other property resulting from my careless, reckless, or intentional actions.

e. Binding Effect

This Agreement shall be binding upon me, my heirs, beneficiaries, executors, administrators, assigns, estate, and any party asserting a claim on my behalf or on behalf of my estate.

2. General Provisions

a. Entire Agreement

This Agreement constitutes the entire understanding among the parties regarding liability and risk. No modification or amendment shall be valid unless made in writing and signed by the party to be bound.

b. Severability

If any provision of this Agreement is held to be invalid or unenforceable, the remaining provisions shall continue in full force and effect.

c. Acknowledgment of Understanding

I acknowledge that I have read this Agreement, understand its terms, and understand that I am knowingly and voluntarily waiving substantial legal rights, including the right to sue.

3. Venue Safety Rules and Regulations

I agree to comply with all posted and communicated rules, including but not limited to the following:

  • CLEAN SHOES and CLEAN CLUBS are required.

  • Only balls and tees provided by the facility may be used. Missing balls will incur a $3.50 replacement fee.

  • Food and drinks must remain at tables. No food or drinks inside simulators or near computers.

  • No alcohol, drugs, smoking, or vaping on the Premises.

  • Maximum 4 golfers per bay.

  • Respect all guests and staff.

  • Children under 10 must be supervised by a non-golfing adult.

  • Clubs must not be swung outside simulator bays.

  • Only one person is allowed in the hitting area at a time.

  • Check surroundings before swinging; shots must be aimed at the hitting screen.

  • Report all accidents immediately.

  • Customers are financially responsible for damage caused by failure to follow the rules.

  • The Premises are under video surveillance. Tampering or misuse will result in financial liability.

  • Photography and video may be taken for promotional purposes without compensation.

  • Bookings end promptly at the scheduled time; unfinished holes may not be completed.

  • Violations may result in immediate termination of simulator time without refund.

4. Parent/Guardian Waiver for Minor Participant(s)

If I am signing on behalf of a minor, I represent and warrant that I am the minor’s parent, legal guardian, or authorized custodian and have full authority to execute this Agreement on the minor’s behalf.

I agree to:

  • be bound by all terms of this Agreement,

  • indemnify and hold harmless the Releasees from any claims the minor may assert now or in the future, and

  • indemnify the Releasees if it is later determined that I did not have legal authority to sign on the minor’s behalf.

5. Electronic Signature and Acknowledgment

I acknowledge and agree that:

  1. This electronically executed document is legally valid and enforceable as if hand-signed.

  2. I have knowingly and voluntarily waived any right to contest its enforceability based on its electronic form.

  3. I enter the Premises freely, voluntarily, and without inducement.

BY ENTERING THE FACILITY, I ACKNOWLEDGE THAT I HAVE READ, UNDERSTAND, AND AGREE TO BE BOUND BY THIS WAIVER AND RELEASE OF LIABILITY AGREEMENT.

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