ACKNOWLEDGEMENT OF RISK, WAIVER OF LIABILITY, RELEASE
PLEASE READ THIS FORM CAREFULLY AS IT AFFECTS YOUR LEGAL RIGHTS. THERE ARE INHERENT RISKS OF INJURY WHILE PARTICIPATING IN THESE ACTIVITIES, SERIOUS INJURY OR DEATH MAY RESULT FROM PARTICIPATION. BY ENGAGING IN THESE ACTIVITIES, THE PARTICIPANT ASSUMES THE RISK OF SERIOUS INJURY OR DEATH.
THIS IS A RELEASE OF LIABILITY—YOU MUST READ AND FULLY UNDERSTAND THIS BEFORE SIGNING. IF YOU ARE UNDER THE AGE OF EIGHTEEN (18), YOUR PARENT OR LEGAL GUARDIAN MUST SIGN THIS WAIVER BEFORE PARTICIPATION.
In consideration of my ability to use Tee Box Golf House (“Facility”) located at 137 Mountain View Road, Hillsborough, NJ 08844, and participation in enjoyment of the services and activities, including but not limited to, golfing, food and beverage facilities and any and all other spaces and activities and any third-party vendor or function held by Tee Box Golf House inside or outside of the physical building provided by Tee Box Golf House, operator of the facility, its agents, owners, officers, employees (“Releasees”), the undersigned hereby agrees as follows:
ASSUMPTION OF RISK: The undersigned acknowledges that recreational/sports activities can involve certain inherent risks, dangers, and hazards, which can result in physical injury to person or property, including death. The undersigned further acknowledges and understands that said risks cannot be eliminated without jeopardizing the essential qualities of the activities at the Facility. As such, I hereby, for myself and/or, if applicable, my minor child, freely and voluntarily agree to assume and fully accept any and all known and unknown risks of injury, regardless of the severity of any such injury, while I and/or my minor child is participating in activities at the Facility. The undersigned further acknowledges and understands that the risks inherent in recreational activities can be greatly reduced by following Facility staff instructions, following posted instructions, instructional materials, and using common sense.
RELEASE AND WAIVER OF CLAIMS AGREEMENT: In consideration of allowing me to participate in the activities at the Facility, I hereby, for myself and if applicable, for my minor child, to the fullest extent permitted by law:
1. WAIVE ANY AND ALL CLAIMS that I and/or my minor child, if applicable, have or may have in the future against each of the Releasees resulting from my or my minor child’s participation in the activities at the Facility.
2. RELEASE each of the Releasees from any and all liability for any loss, damage, injury, death, or expense that I(or my next of kin) or if applicable, my minor child (or his/her next of kin) may suffer, as a result of mine or my minor child’s participation in any activity at the Facility, my or my minor child’s presence at the Facility, use of equipment and games located at the Facility or outside the Facility whether described in this Agreement or not, due to any cause whatsoever.
3. INDEMNIFY and hold harmless the Releasees against any and all liability, loss, expense, including reasonable attorneys’ fees, or claims for injury or damages arising out of mine or my minor child’s participation in any activities at the Facility, our presences at the Facility, all as described in this Agreement, whenever and however they occur.
The undersigned acknowledges that alcohol may only be consumed in designated areas at the Facility. The undersigned further acknowledges that he/she will not participate in golfing or other activities at the Facility if under the influence of alcohol or drugs or use the equipment or machinery at the Facility if the undersigned has a physical condition that would impair his/her ability to understand and follow directions and participate without creating risk to others or to himself/herself. It is the undersigned’s responsibility to consult with a doctor prior to participation and to participate only in those activities for which he/she has been cleared by his/her personal doctor and possesses the required skills, qualifications, training, and physical conditioning.
Tee Box Golf House reserves the right to deny participation to any person for any reason, including, but not limited to, failure to complete and sign this Acknowledgement of Risk, Waiver of Liability, and Release form, failure to follow rules and regulations established by the Facility, failure to follow directions and instructions, display of attitude, actions that Tee Box Golf House deems to be detrimental to its business or to other patrons, possession of banned or illegal substances, or engaging in unsafe or erratic behavior. In such instance, Tee Box Golf House reserves the right to require that any person leave the facility immediately and without refund of any fees paid.
The undersigned agrees that he/she may be photographed and consents to the use of any photographs, videos, film, or likeness to be used by Tee Box Golf House for any legitimate business purpose.
ENTIRE AGREEMENT: In entering into this Agreement, I am not relying upon any oral or written representation other than what is set forth in this Agreement.
REPRESENTATION: I represent that I or my minor child, if applicable, is in good health and have no physical limitations that would prevent me or my minor child from participating in vigorous and strenuous activities at the Facility.
By signing this Acknowledgement of Risk, Waiver of Liability and Release form, the undersigned certifies:
I HAVE READ AND UNDERSTAND THIS AGREEMENT AND I AM AWARE THAT BY SIGNING THIS AGREEMENT I AM WAIVING CERTAIN LEGAL RIGHS, INCLUDINGTHE RIGHT TO SUE THE RELEASEES. I AM AT LEAST EIGHTEEN (18) YEARS OF AGE AND SIGN FREELY AND VOLUNTARILY. THIS RELEASE SHALL CONTINUE IN FORCE AND EFFECT DURING THIS VISIT AND ALL FUTURE VISITS TO THE FACILITY UNLESS AND UNTIL THE UNDERSIGNED REVOKES THE SAME IN WRITING AND PROVIDES A COPY OF THE SAME TO TEE BOX GOLF HOUSE.