Liability Waiver and Rules Hold Harmless
CONSENT, ASSUMPTION OF RISK, RELEASE OF CLAIMS AND COVENANT NOT TO SUE
Before you begin, in plain and simple English, by entering the facility, you acknowledge that you may be seriously injured through the use of this facility. Golf balls are driven at high speeds, and golf clubs are swung at full speed, both of which reach speeds frequently exceeding 100 miles per hour; such balls and/or tees may ricochet, and/or if you walk near someone swinging a club, you might get hit. Upon acknowledging that you may be injured, you agree that you are 100% at your own risk upon entering and using this facility, which means that you release Eagle Swing LLC also referred to as “Eagle Swing” harmless.
All participants in activities on the Premises, must agree to this waiver prior to entering. This Agreement shall remain valid and effective to release and indemnify Eagle Swing (together with any of its managers, members, employees, independent, property owners and agents) from any Claims (as hereafter defined).
I, the undersigned party 18 years of age or older, in consideration of Eagle Swing granting me access to its facilities, hereby agree as follows:
(1) To assume the risk of harm, injury or death to myself or my guests which may arise out of my or their participation in any manner at Eagle Swing facilities;
(2) To release and discharge Eagle Swing and its employees, members, agents, property owners and volunteers from liability for any and all claims and causes of action, of whatsoever kind of nature, which I or my guests may have as a result of any harm or injury to ourselves arising from the use of Eagle Swing equipment or facilities;
(3) To not institute or prosecute any actions or suits at law or in equity, nor aid any institution or prosecution of any claim, demand, action or cause of action against Eagle Swing, its employees, members, agents, or volunteers, for any personal injury, property damage, costs or attorneys’ fees sustained or that might be sustained by myself or my guests which are related to, resulting from, or connected in any manner with the aforesaid use of Eagle Swing facilities;
(4) That this Waiver and Release of Liability may be pleaded as a complete defense to any action or proceeding that may be brought or instituted by me or my guests or by our respective heirs or legal representative heirs or legal representatives; and
(5) That I agree to indemnify and save and hold harmless Eagle Swing, its employees, members, agents, property owners and volunteers, and each of them from any loss, liability, damage, or cost, including reasonable attorney’s fees, which arises as a result of our breach of this Waiver and Release of Liability.
Eagle Swing Rules and Guidelines. The following procedures are in place to ensure members and guests have a safe, enjoyable experience at Eagle Swing.
• Tee Time required
• 24 hours cancellation time is preferred. Please call ahead if you need to change your tee time.
• Golf shoes or running shoes are fine but NO METAL SPIKES.
• Guests acknowledge Eagle Swing LLC is under video surveillance. Tampering with camera systems or damaging equipment by not following procedures in the guidelines will result in financial compensation being paid to Eagle Swing.
• Guests and members acknowledge that photography and/or video may be recorded and used for promotional purposes without compensation.
• If you bring your own clubs, please make sure club faces are clean before play.
• Keep food and drinks at the provided tables. NO FOOD OR DRINK INSIDE SIMULATOR OR ON THE PUTTING GREEN at any time!
• Players are responsible for the equipment inside the simulators. No swinging clubs outside of the simulators swing area for safety reasons.
• Only one person in the hitting area at a time.
• Before you swing any club, check your surroundings (monitor, other players etc.) 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 forward.
• Swinging should always take place on the hitting area of the mat.
• Practice swings must be done on the hitting area of the mat.
• Be alert of where you stand or walk and stay out of someone’s range of swing.
‘ When using the putting green only use the putter, no chipping onto the green.
• Report any accidents immediately.
Members and their Guests are financially responsible for any damage caused by failure to follow the directions of the Rules and Guidelines. Failure to abide by any of the above procedures may result in cancellation of the remainder of your paid simulator time without compensation.
I AM FULLY AWARE OF THE RISKS ASSOCIATED WITH
GOLF AND INDOOR GOLF, PARTICULARLY AS THEY EXIST IN THE CONFINES OF AN ENCLOSED INDOOR AREA, INCLUDING THE POSSIBLE RECKLESS CONDUCT OF OTHER PARTICIPANTS. I HAVE CAREFULLY READ THIS AGREEMENT, AGREE TO ACCEPT ANY AND ALL INHERENT RISKS OF PROPERTY DAMAGE, PERSONAL INJURY OR DEATH AND SIGN IT VOLUNTARILY.
I AGREE THAT THIS WAIVER AND RELEASE OF LIABILITY IS IRREVOCABLE AND EFFECTIVE AS OF THE DATE SET FORTH BELOW AND FOR ALL TIMES THAT I USE Eagle Swing LLC’s FACILITIES HEREAFTER.
This agreement (“Agreement”) sets forth the terms and conditions of your membership as a member (“Member”) of Eagle Swing LLC (“Eagle Swing”). If you have any questions, please feel free to consult any member of our staff for assistance.
I HAVE READ, UNDERSTAND, AND AGREE TO ALL OF THE INFORMATION UNDER THE TERMS, CONDITIONS AND POLICIES OF THIS MEMBERSHIP AGREEMENT. IN ADDITION, I UNDERSTAND AND AGREE THAT THE ASSUMPTION OF RISK, WAIVER AND RELEASE OF ALL CLAIMS PROVISIONS SET FORTH IN THE TERMS AND CONDITIONS OF THIS AGREEMENT ARE IN EFFECT THROUGHOUT MY MEMBERSHIP WITH EAGLE SWING. I ALSO UNDERSTAND AND AGREE THAT IF MY MEMBERSHIP IS INTERRUPTED FOR ANY REASON, THIS AGREEMENT WILL REMAIN IN EFFECT DURING THE PERIOD OF INTERRUPTION AS WELL AS AFTER THE MEMBERSHIP IS REINSTATED. THIS AGREEMENT IS THE ENTIRE AGREEMENT, AND NO VERBAL OR OTHER AGREEMENTS HAVE BEEN MADE TO ALTER THE TERMS OF THIS AGREEMENT.
EAGLE SWING MEMBERSHIP TERMS AND CONDITIONS
MEMBERSHIPS: Eagle Swing currently offers a variety of memberships. These memberships will collectively be referred to as “Monthly Memberships” in this agreement.
MEMBERSHIP TERMS: If you choose a Monthly Membership, you agree that as a condition of your continued membership at Eagle Swing you authorize Eagle Swing or its agent to charge your Payment Card the Monthly Membership Fee (plus applicable taxes), in effect from time to time and which may change, on the first day of each month, until your Monthly Membership is canceled, as set forth in Paragraph 19 below. You agree to pay the Monthly Membership Fee (plus taxes) in accordance with your Payment Card issuer agreement, if applicable. You also authorize Eagle Swing to charge your Payment Card for any other charges you may incur associated with your Monthly Membership.
By signing up for our Monthly Membership options, you agree to the minimum requirement of 1 month for the month to month membership, 6 months for the 6 months membership and 12 months for Yearly Membership, before being able to terminate the membership. Memberships that are terminated will not be reimbursed for the remaining time of the membership. Members must be present for all golf bookings and are unable to book the golf simulator/private space on behalf of non-members.
- MONTHLY MEMBERSHIP
There is a minimum membership requirement of 1 month before being able to terminate the membership plan. The cost for a Monthly Membership is a $197 monthly fee (the “Monthly Membership Fee”).
- 6 MONTH MEMBERSHIP
There is a minimum membership requirement of 6 months before being able to terminate the membership plan. The cost for a 6 Month Membership equates to $179 monthly fee, to be paid in 6 month increments at $1,074 (the “6 Month Membership Fee”).
- YEARLY MEMBERSHIP
There is a minimum membership requirement of 12 months before being able to terminate the membership plan. The cost for an ANNUAL Membership is $1,980, this equates to $165 a month (the “12 Month Membership Fee”).
- CADDY PACKAGE MEMBERSHIP
The Caddy Package is a Eagle monthly membership billed to two different people. 1 membership billed to two different people.There is a minimum membership requirement of 1 month before being able to terminate the membership plan. The cost for a Caddy Package Membership is $112 monthly fee for EACH person. (the “Caddy Package Membership Fee”).
- MONTHLY MEMBERSHIP
There is a minimum membership requirement of 1 month before being able to terminate the membership plan. The cost for a Monthly Membership is a $100 monthly fee (the “Monthly Membership Fee”).
PAYMENT CARDS: You may pay by corporate check, VISA®, MASTERCARD®, or AMERICAN EXPRESS® credit card or VISA or MASTERCARD check card (check card must bear the VISA or MASTERCARD logo) for any membership. Any such credit or check card shall be referred to as the “Payment Card”. You also authorize Eagle Swing to place a pending charge to your Payment Card when you sign up for any membership and prior to each subsequent periodic charge for Monthly, 6 Month, 12 Month or Caddy Memberships. Pending charges are used to verify your billing address and the validity of your Payment Card, are temporary (typically 3 to 7 days in length) and will not be converted into an actual charge to you. Pending charges, while pending, will, however, reduce the available amount of credit on your Payment Card in the amount of $1 per $1 of pending charge. You also authorize Eagle Swing to charge your Payment Card for any other charges you may incur associated with your Monthly, 6 Month, 12 Month and Caddy Memberships, if applicable.
Eagle, Eaglet and Cady Billing:
EAGLE MONTHLY, 6 MONTH, 12 MONTH, EAGLET MONTHLY AND CADY BILLING:
FEES RELATING TO YOUR PAYMENT CARD. You are solely responsible for any and all fees charged to your Payment Card by the issuer, bank or financial institution including, but not limited to, membership, overdraft, insufficient funds and over the credit limit fees.
EXPIRATION DATE AND REFUSAL OF CHARGES TO YOUR PAYMENT CARD. If your Payment Card reaches its expiration date, your failure to cancel your Monthly Membership constitutes authorization for Eagle Swing to continue billing that Payment Card. If your Payment Card for any reason will not accept charges for any periodic Monthly (Eagle or Eaglet), 6 Month, 12 Month or Caddy Membership Fee, your Membership will be immediately suspended until payment is collected. For the 60 days immediately following the suspension day, Eagle Swing may attempt to charge the Payment Card the periodic Membership Fee every 10 days. If the charge is accepted, then your Membership benefits will be reinstated as of the date the charge is accepted. In order for your membership to be reinstated, you must make your Payment Card information valid by either rectifying the issue with the Payment Card issuer or providing new Payment Card information by contacting your membership department. If Eagle Swing is able to charge your Payment Card (existing or new, if you have provided new Payment Card information) and any past due Eagle Swing membership fees are paid, then your Membership benefits will continue uninterrupted and this Payment Card will be used to charge the applicable periodic membership fee for each consecutive renewal period until your Membership is canceled and will be your Payment Card for all purposes. If Eagle Swing is unable to charge your Payment Card (existing or new) for 3 consecutive billing dates, your Monthly (Eagle or Eaglet) or Caddy Membership will be terminated and you will not be able to use your membership or any associated perks at our Eagle Swing location. If Eagle Swing terminates your membership, you must immediately surrender your membership card/key fob and you will remain liable for all unpaid dues (including any Membership charges and all other charges against your account). If your membership is terminated by Eagle Swing, you will not receive a refund on any amounts paid under any type of membership. If you terminate your membership for any reason you will not be refunded for any difference in time remaining on the membership. On termination by yourself or Eagle Swing you must surrender your key fob and any access codes will be deactivated.
From time to time, Eagle Swing may avail itself of account updating services provided by the Payment Card industry, including, without limitation, VISA’s Account Updater program or MasterCard’s Automatic Billing Updater program. By enrolling in a periodic Membership, you hereby agree and authorize Eagle Swing to update your Payment Card or similar account information and charge any updated Payment Card in accordance with the terms and conditions of such account updating programs.
SERVICE CHARGES: You agree to pay a $20.00 charge (plus applicable taxes) for all rejected payments, whether by Payment Card, or Pre-Authorised/credit card auto debit system. Any arrears of dues owed to Eagle Swing will bear interest at 18% per annum (subject to applicable usury laws).
GUEST RATES: As part of your selected membership, you are able to bring guests/family/friends for free during your scheduled session. However you as the member assume all responsibility for any broken or damaged equipment (Trackman 4, Projector, putting area, furniture, walls, lights, etc.. Any injuries incurred by you or your guests, you as the member also assume full responsibility.
MEMBERSHIP FREEZE: Eagle Swing offers all Members on a membership plan, the ability to temporarily suspend, or “freeze,” their Membership when they know in advance they will not be using any Eagle Swing location for an extended period. A monthly or caddy Membership may be placed on freeze with a 30-day written notice from a Member to Clubhouse. During the freeze period, Members will be charged $50 per month, plus applicable tax, and are not permitted to use their Monthly Membership at any Eagle Swing location. A membership freeze cannot begin prior to Eagle Swing receiving written notice from the Member stating his/her intent to freeze and the intended duration of the freeze; an end-freeze date is required at the time of the request. This request can be submitted to via email at email@example.com
SUSPENSION/TERMINATION: Eagle Swing may suspend or terminate your membership at any time for any breach of this Agreement or for any other reason by giving you written or oral notice of such termination, with or without cause. If Eagle Swing terminates your membership, you must immediately surrender your membership key fob, any access codes will be deactivated and you will remain liable for all unpaid dues (including any Monthly, 6 Month, 12 Month and Caddy Membership charges and all other charges against your account). If your membership is terminated by Eagle Swing or by you, you will not receive a refund on any amounts paid under any type of membership.
CO-SIGNER: If a Member is under 18 years of age at the date the terms and conditions of this Agreement are accepted, a Co-signer is required. As Eagle Swing would not have agreed to enter into this Agreement without the promises of the Co-signer, the Co-signer promises to pay all amounts due to Eagle Swing under this Agreement when due, and to keep and perform all the Member’s promises and agreements. The Co-signer’s promises and agreements are joint and several with the Member’s promises and agreements. If more than one person signs this Agreement as Co-signer, the promises are both joint and several.
DEFAULT: If you default on any payment due under this Agreement, Eagle Swing may declare all or any of the future payments to be made under this Agreement immediately due and payable.
CHANGES TO POLICIES, FACILITIES, AND PROGRAM: Eagle Swing may introduce new facilities or programs from time to time, available to Members for an additional fee. Eagle Swing may publish and amend policies and regulations for the facilities, or modify its fees for membership, from time to time. You acknowledge that Eagle Swing may change membership fees at any time; provided, however, that Eagle Swing will give prior notice via e-mail to Membership holders of any change to the periodic membership fees. You agree that, unless you cancel your applicable Membership prior to the effective date of the change, you will be charged the new applicable periodic Membership Fee (plus applicable taxes) on each periodic anniversary date after the effective date of such change, and you authorize Eagle Swing to charge the new periodic Membership Fee (plus applicable taxes) to your Payment Card. Eagle Swing reserves the right to suspend, modify or end the membership program without prior notice, in its sole discretion. You agree that membership at Eagle Swing does not involve an extension of credit or a retail installment sale since Eagle Swing does not impose a finance charge and you may cancel membership at any time. Void where prohibited.
HOURS OF OPERATION: From time to time, Eagle Swing may make reasonable changes to the days and hours that the facility is open for business. You understand that Eagle Swing will be busier at some times than others on different days of the week.
As a general rule, your membership grants you access to the facility 24 hours a day Monday-Saturday. Members still, MUST book a time to use the private space. As a Member you agree that you will not schedule more than 3 sessions or hours at any given time. For Example if you schedule Monday at 1pm, Wednesday at 4pm and Friday at 12 am, you are not allowed to schedule a 4th time until you use and or delete one of your previously scheduled times.
Eagle Memberships are able to come as often as they like each month keeping with the rule of only scheduling 3 sessions at a time.
Eaglet Memberships are limited to 4 scheduled sessions per 30 day time period.
PICTURE IDENTIFICATION/SIGN IN: You agree to have your picture taken for Eagle Swing’ internal purposes upon joining if requested by Eagle Swing. Members must schedule prior to coming to the private facility. Members are not allowed to show up without scheduling/booking the space. Members may not loan their membership key fobs or access codes to anyone.. Members must be in good standing (that is, paid to date) to use Eagle Swing as a Member. Members MUST be present with any guests that they bring to the facility. Members are not allowed to grant access to a guest then leave the facility. Members must be present the entire time.
WAIVER: You understand that your use of Eagle Swing facilities will be undertaken at your sole risk. You agree that you are voluntarily participating in activities and use of the facilities and premises (including the parking lot and common hall/restroom) and assume all risk of injury, illness, damage or loss to you or your property that might result, including, without limitation, any loss or theft of any personal property.
You agree that Eagle Swing, its officers, directors, employees, and agents will not be liable for any claims, demands, injuries, damages, actions or causes of actions whatsoever in respect of you or your property (including lost or damaged personal possessions), arising out of or connected with the use of any of the services and/or facilities of Eagle Swing or the common hall/restroom. You expressly release and discharge Eagle Swing, its officers, directors, employees, and agents from all such claims, demands, injuries, damages, actions or cause of action, notwithstanding any negligence on the part of one or more of them.
SAFETY: By playing at any Eagle Swing facility, you agree to abide by the following safety rules, as well as other safety rules posted at the facility and/or online:
- Obey all verbal and posted rules and instructions. Use common sense to protect yourself and others.
- Members and guests must hit from the mat. No running starts or other movement that would move your feet from the mat during your swing are allowed.
- Only the player taking a turn is allowed near or on the mat. All other guests must stand behind the surrounding table-counter at all times until their turn to hit. Members and guests are responsible for the safety of others around them and should always check their surroundings before swinging a club.
- Aim for the screen at all times. Guests are responsible for damages or injuries caused by any balls hit inside the premises including damage to projector, tv, monitor or Trackman unit.
- Throwing golf balls is prohibited.
- Only dispense and hit one golf ball at a time.
- Guests under 14 should be supervised by an adult when playing.
- All Members and guests must stay behind the surrounding table-counter at all times. Please take extra care when playing with younger golfers.
- Members are not allowed to ever access the office/half wall/check in area.
- Always make sure that the facility is secured before leaving. Locks are set up to auto lock on their own after 5-10 seconds, but members need to ensure this happens. If for any reason it does not lock, you agree to contact an employee of Eagle Swing via phone call or text message.
- Do not tamper with any equipment including; computer, tv, projector, hitting screen, trackman unit, camera system, door lock system etc.
- Bathrooms are out in the common hallway, take the key when you leave and make sure to lock the common hall door before leaving the facility. Do not take the key home.
VIOLATION OF POSTED RULES AND REGULATIONS: All Members and guests are subject to compliance with any rules and regulations of Eagle Swing that may be posted from time to time at the facility and/or online. In the event that a Member fails to comply with said rules and regulations, Eagle Swing may (1) suspend all membership privileges or (2) void this Agreement and revoke all membership privileges. Eagle Swing reserves the right to amend or alter these rules and regulations at any time in our sole discretion. All amendments to these rules and regulations are effective immediately.
INJURIES: You will immediately report any accident or injury suffered in Eagle Swing’ facilities to a staff person, and you will provide a written report from your doctor within a reasonable time, if requested by Eagle Swing.
DRESS CODE/PERSONAL CONDUCT: Appropriate clothing and footwear is required within the facility at all times. Bare feet are not acceptable anywhere at Eagle Swing. Inappropriate, foul and/or lewd behavior is not acceptable and will result in suspension of your membership.
Members and guests are subject to the control and guidance of the Eagle Swing staff and must follow their instructions while at Eagle Swing. Members and guests agree to conduct themselves in a well-mannered fashion when in or about Eagle Swing and not cause any disturbances or interfere with the safe use or enjoyment of Eagle Swing by other members and guests. Members also will not disturb other businesses located in the same building as Eagle Swing.
DAMAGE TO FACILITIES: You agree to pay for damage to Eagle Swing equipment and premises and third party property outside of Eagle Swing caused by you and/or your guests (or guests’) careless use of equipment or other intentional or negligent acts.
TEMPORARY CLOSURE: Eagle Swing may temporarily close the facilities in its sole discretion for any reason including, without limitation, in the case of inclement weather. Members and guests are immediately required to comply with announcements and staff instructions regarding weather-related stoppages. Temporarily closing of the facility includes any remodeling that is to be done to either Eagle Swing or the building that Eagle Swing is housed in.
EARLY TERMINATION BY EAGLE SWING: Eagle Swing may terminate this Agreement for breach of terms and conditions, or policies or regulations adopted by Eagle Swing from time to time. Eagle Swing may terminate this Agreement without cause if a 90-day notice is given to the Member.
TERMINATION BY MEMBER: Termination by Members shall be in accordance with the following:
Memberships still in the Initial Term may be terminated with thirty (30) days written notice. There are no cancellation fees. Do know that memberships are limited and there is no guarantee that you will be able to get your membership back in the future. If there are no memberships available you will have to go back onto the waiting list in order to get your membership back. To cancel your Membership, contact your Membership Director via email at firstname.lastname@example.org. There are no refunds for any time period (or portions thereof) already billed or paid for.
LIMITATION OF LIABILITY: Recovery for any breach of this Agreement by Eagle Swing is strictly limited to the amount you have paid to Eagle Swing, and you agree that recovery of incidental and consequential damages are not a remedy available to you.
NON WAIVER: No waiver of any provision in this Agreement shall constitute a waiver of any other provision nor shall any waiver constitute a continuing waiver.
ASSIGNMENT: Eagle Swing may assign this Agreement, and, provided that the assignee agrees to assume the obligations of Eagle Swing in this Agreement, then Eagle Swing will be fully relieved of those obligations upon notice to you of the assignment. You understand that you may not assign your membership to another person. As a member you are not allowed to charge others for use of your membership. You may not book sessions for other people. As a member if you schedule a time you must be there the entire time, you cannot schedule for a friend let them in and then leave the private space.
GOVERNING LAW: This Agreement is governed by the laws of the United States.
INVALID PROVISIONS: If any part of this Agreement is found to be invalid or unenforceable, the remainder of the Agreement will remain in full force and effect.
ENTIRE AGREEMENT & DEFINITION: This document incorporates the entire Agreement between Members and Eagle Swing. Eagle Swing reserves the right to modify this Agreement from time to time. There are no representations, warranties, terms, conditions, undertakings or collateral agreements express, implied or statutory, between us except as specified in this document.