WAIVER OF LIABILITY, ASSUMPTION OF RISK, AND INDEMNIFICATION AGREEMENT

In consideration of being permitted to use the golf simulator located at Bay Park BNB, I hereby agree to the following terms:

1. Acknowledgment of Risks
I understand that the use of the golf simulator involves inherent risks, including but not limited to physical injury, accidents, property damage, or personal harm. I acknowledge that the simulator and related equipment are designed for recreational purposes, but that improper use or overexertion could result in injury.

2. Assumption of Risk
I voluntarily assume all risks associated with using the golf simulator, including any risk of injury, damage, or loss that may result from my participation in the activity. I further understand that any pre-existing medical conditions that I may have could potentially be aggravated during the use of the simulator, and I assume all responsibility for any such conditions. I recognize the physical exertion involved in the use of the building, golf simulators, and related equipment, and attest and certify that I am physically fit to participate safely, and I have not been advised otherwise by a health care professional.

3. Release of Liability
I, on behalf of myself, my heirs, executors, administrators, and assigns, do hereby release, discharge, and hold harmless CKIG LLC, BayPark BNB, Bay Park Golf Sim, and all affiliated individuals, agents, and entities from any and all liability, claims, demands, or causes of action arising from my use of the golf simulator, whether caused by negligence or otherwise, to the fullest extent allowed by law.

4. Indemnification
I agree to indemnify and hold harmless CKIG LLC, BayPark BNB, Bay Park Golf Sim, and all affiliated individuals, agents, and entities from any loss, liability, damage, or costs, including reasonable attorney fees, that may arise from my use of the golf simulator or my violation of any rules or guidelines.

5. Rules and Guidelines
I agree to follow all posted rules and guidelines for use of the golf simulator and to use the equipment in a safe and responsible manner. I understand that failure to adhere to these rules could result in injury or damage, and I accept full responsibility for any such actions.   I will be personally liable for any and all damage to the building, simulators, and related equipment caused by my careless, reckless or intentional actions.

6. Medical Emergency
In the event of an emergency, I agree to bear the full cost of any medical treatment or transportation.

7. Severability
If any part of this Agreement is found to be invalid or unenforceable, the remaining portions shall remain in full force and effect.

8. Governing Law
This Waiver and Release of Liability shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflict of laws principles. 

Rules and Regulations:
• Please ensure you have CLEAN SHOES and CLEAN CLUBS.
• NO FOOD OR DRINK INSIDE SIMULATOR or near the computer at any time!
• No alcohol or drugs permitted on the premises
• No smoking or vaping
• Players are responsible for the equipment inside the simulator. No swinging clubs outside of the simulators for safety reasons.
• Only one person should be present in the hitting area at a time. Everyone MUST keep a safe distance, and keep watch of the person golfing.
• Before you swing any club, check your surroundings to ensure no one or obstacle is within your range of swing.
• Be aware of your backswing and follow-through at all times.
• Your shot must be directed towards the hitting screen.
• Swinging should always take place off the hitting strip.
• Be alert of where you stand or walk and stay out of someone’s range of swing.
• Report any accidents immediately.
• Players must be at least 13 years of age.