WAIVER, RELEASE OF LIABILITY, ASSUMPTION OF RISK, AND INDEMNIFICATION￼
I (or any minor(s) under my care), for myself, my personal representatives, assigns, heirs, and next of kin (hereinafter referred to as “I” or “me”), in consideration of being permitted to participate in any way in any events and/or sport activities on the premises, including, but not limited to: golf, football, soccer, baseball, cricket, tennis, basketball, rugby, or any other sport or activity supported by the Company’s sports-simulator platform, either as a patron, a guest, or employee, at any time as it relates to the use and/or visitation of the property and facility operated by 19th Hole, LLC, an Illinois limited liability company (the “Company”) and/or the usage of any equipment of any variety, rented or personally own items brought onto the property and facility by any person (the “Activity”), and enter into this Waiver, Release of Liability, Assumption of Risk and Indemnification (the “Waiver”):
- I acknowledge, agree, and represent that: (A) the Activities, and being in the proximity of the Activities, even as a spectator, include certain known and unknown risks and dangers of minor to serious bodily injury, permanent disabilities, paralysis, and death (“Risks”); (B) these Risks may be caused or created by my own actions or inactions while engaged in the Activity, the actions or interactions of others participating in the Activity, my condition when the activity takes place; and (C) the may be other Risks and social and economic losses either not know to Me or not readily foreseeable at this time: and I fully accept and assume all such Risks and all responsibility for losses, costs, and damages, of any kind, in perpetuity that I may incur as a result of my participation in the Activity.
- I acknowledge, agree, and represent that I understand the nature of the Activities, and being in the proximity of golf activities and that I am qualified, in sufficient health, and in sufficient physical condition to participate in such activity in my own determination.
- I hereby covenant not to file any claim of any kind, forever fully release, discharge the Company, its administrators, directors, agents, officers, members, volunteers, and employees, other participants, any sponsors, advertisers, and owners and lessors of premises on which the activity takes place, (each hereinafter a “Releasee”) from all liability, claims, demands, losses, or damages on my account caused or alleged to be caused in whole or in part by the Activity, and I further agree that if, despite this Waiver I, or anyone my behalf, makes claim against any of the Releasees, I will indemnify, save, and hold harmless each of the releases from any litigation expenses, attorney fees, loss, liability, damage, or cost which may incur as the result of such claim.
- For parents / guardians of participants of minority age or otherwise requiring parental consent (under 18 years old at the time of this registration)
I, as parent / guardian with legal responsibility for this Participant, agree to the terms of this Waiver, including Sections 1, 2, 6, and 9 herein, and I agree, on behalf of such minor(s), their heirs, assigns and next of kin, to release and hold harmless and waive subrogation to the Company, and the Releasees from all liability, claims, demands, losses, or damages on my account caused or alleged to be caused in whole or in part by the Activity.
I further agree to instruct the minor(s) to comply with the stated and customary terms and conditions for participation in the Activity itself. If they are behaving in such a way that is not in compliance with the terms and conditions for participation in the Activity, I will remove my child from participation immediately.
- I agree to read and comply with the written and verbal rules and policies adopted by the Company and relating to the Activity, facilities, the equipment therein, and any and all equipment brought into the facility by anyone, including other guests, and further agrees to act in a safe manner when participating in the Activities.
I further agree to immediately inform a representative of the Company, and to stop participating in the Activities, if I observe any unsafe condition or broken equipment of any kind, or if I experience any pain, discomfort or other symptoms that I may experience while participating in the Activities on the Company’s premises.
- I am responsible for obtaining appropriate insurance coverage when participating in the Activities and that the Company has no obligation to provide any insurance coverage of any kind to me.
- I acknowledge and agree that the Company shall not be responsible for any and all damage or destruction of any of my personal property which may arise from my presence on the premises or as the result of engaging, spectating, or being in the proximity of the Activities.
- I expressly agree that the foregoing Waiver is intended to be as broad and inclusive as is permitted by the law and that if any of its provisions are held to be invalid, the balance shall, notwithstanding, continue in full legal force and effect.
- This Waiver is intended to be as broad and inclusive as permitted under applicable law and shall be governed by Illinois law.
- My presence on the premises operated by the Company and/or my participation in the Activity represents my acceptance, agreement, and consent to be bound by the terms of this Waiver. The Company, upon request, may provide me a copy of this Waiver.
- I HAVE READ THIS WAIVER, AND FULLY UNDERSTAND ITS TERMS, UNDERSTAND THAT I HAVE GIVEN UP SUBSTANTIAL RIGHTS BY ENTERING INTO IT AND HAVE AGREE TO IT FREELY AND WITHOUT ANY INDUCEMENT OR ASSURANCE OF ANY NATURE AND INTEND IT TO BE A COMPLETE AND UNCONDITIONAL RELEASE OF ALL LIABILITY TO THE GREATEST EXTENT ALLOWED BY LAW AND AGREE THAT IF ANY PORTION OF THE AGREEMENT IS HELD TO BE INVALID, THE BALANCE, NOTWITHSTANDING, SHALL CONTINUE IN FULL FORCE AND EFFECTS.