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.
Play safe.
• 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.