iGolf72 LLC PARTICIPANT RELEASE OF LIABILITY
AND ASSUMPTION OF RISK AGREEMENT
--THIS AFFECTS YOUR LEGAL RIGHTS—
READ CAREFULLY BEFORE SIGNING
I, the undersigned, acknowledge, appreciate, and agree that: In exchange for participation and/or use of the property, facilities, and services associated with any related events and activities (hereafter called the Program) organized by iGolf72 LLC, of 9301 Snowden River Pkwy, Columbia, Maryland, 21046 (“iGolf72 LLC”), I agree for myself and if applies, on behalf of my minor child(ren) attending the Program, to the following:
- CONSENT. I consent to my participation and the participation of my minor child(ren) in the Program. If I observe any unusual or significant hazard during my or my child(ren)’s presence or participation, I will remove myself and/or my child(ren) from participation and bring such to the attention of the nearest iGolf72 LLC employee immediately. I understand and agree to observe all of the rules and regulations of the Program, including, but not limited to, wearing athletic clothing in good condition, appropriate, closed toed athletic shoes in all other areas of the iGolf72 LLC facility. I further agree to wear and use as instructed any necessary safety equipment provided to me and recognize that failure to do so increases the potential for severe injury or death. I agree to follow any oral instructions or directions given by any employee of iGolf72 LLC.
- ASSUMPTION OF THE RISKS AND RELEASE. I understand that the Program is inherently dangerous, and that the risk of injury from the activities involved in this Program is significant during all phases of the Program, including the potential for permanent paralysis, disability and death. I may be exposed to dangers and hazards which include, but are not limited to, the following: falls; concussions; overexertion; overheating; injuries from my lack of fitness or conditioning; equipment failure and/or malfunction of my own or other's equipment; my own negligence and/or the negligence of others; fatigue, chill, intoxication, and/or dizziness which may diminish my reaction time and increase the risk of accident; muscular/skeletal strains; and sprains and fractures. I ACKNOWLEDGE THAT PARTICIPATING IN THE PROGRAM INVOLVES INHERENT RISKS AND OTHER RISKS, HAZARDS, AND DANGERS, INCLUDING SOME NOT LISTED ABOVE, CAN CAUSE OR LEAD TO DEATH, INJURY, ILLNESS, PROPERTY DAMAGE, MENTAL OR EMOTIONAL TRAUMA, OR DISABILITY. I also understand that any equipment that I provide or may borrow or rent from iGolf72 LLC or any other provider I use at my own risk and that any such equipment is provided without any warranty about its condition or suitability. I AGREE TO ASSUME ALL OF THE RISKS OF PARTICIPATION IN THE PROGRAM, WHETHER INHERENT OR NOT AND WHETHER DESCRIBED ABOVE OR NOT.
I HEREBY FOREVER RELEASE, WAIVE, AND DISCHARGE iGOLF72 LLC, AND EACH OF ITS RESPECTIVE SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, INDEPENDENT CONTRACTORS, AND ALL OTHER PERSONS OR ENTITIES ACTING UNDER THEIR DIRECTION AND CONTROL (COLLECTIVELY REFERRED TO AS THE “RELEASED PARTIES”) FROM, AND AGREE NOT TO PURSUE A CLAIM OR SUE THE RELEASED PARTIES OR ANY OF THEM FOR, ANY LIABILITY, CLAIM, OR EXPENSE IN ANY WAY ASSOCIATED WITH MY PARTICIPATION IN THE PROGRAM, INCLUDING CLAIMS FOR INJURY, PROPERTY DAMAGE, WRONGFUL DEATH, ILLNESS ,VIRUS, BREACH OF CONTRACT, OR ANY OTHER TYPE OF SUIT. NEITHER I NOR ANYONE ACTING ON MY BEHALF WILL MAKE A CLAIM AGAINST THE RELEASED PARTIES AS A RESULT OF ANY INJURY, ILLNESS, DAMAGE, DEATH OR LOSS. THIS RELEASE INCLUDES ANY LOSSES CAUSED OR ALLEGED TO BE CAUSED, IN WHOLE OR IN PART, BY THE NEGLIGENCE, WHETHER ACTIVE OR PASSIVE, OF THE RELEASED PARTIES TO THE FULLEST EXTENT ALLOWED BY LAW (BUT NOT FOR GROSS NEGLIGENCE OR INTENTIONAL OR RECKLESS MISCONDUCT) AND CLAIMS FOR STRICT LIABILITY FOR ABNORMALLY DANGEROUS ACTIVITIES.
- INDEMNIFICATION. I agree to defend and indemnify the Released Parties (to pay or reimburse the Released Parties for money they are required to pay, including attorney’s fees and costs) with respect to any and all claims brought by or on behalf of me, my child(ren), a family member, personal representative, estate, or any other person for any claims related to my or my child(ren)’s participation in the Program, including claims that iGolf72 LLC employees were negligent. This indemnity includes payment for attorney’s fees and costs incurred by the Released Parties in defending a claim or suit if the claim or suit is withdrawn or where a court determines that the Released Parties are not liable for the injury or loss.
- PROPERTY DAMAGE. I agree to pay for all damages to iGolf72 LLC’s facilities caused by my (or my guests) negligent, reckless, or willful actions.
- CURRENT HEALTH STATUS. I warrant and represent that I and/or my child(ren) are in good health and have no physical or mental limitations or problems that would affect my, or my child(ren)’s, safe participation or the safety of others in the Program and have not been advised otherwise by a qualified medical person.
- MEDICAL AUTHORIZATION. In the event of an emergency or injury to myself or my child(ren) during the Program, I give my permission to iGolf72 LLC, as my agent, to administer emergency treatment, contract emergency personnel, and act in my stead in approving necessary medical treatment. I agree to be financially responsible for any and all costs associated with such treatment.
- TERMINATION OF PARTICIPATION. I recognize that it may be necessary for the iGolf72 LLC to refuse or terminate my participation in the Program if I am judged to be incapable or unwilling to meet the rigors or requirements of the Program. I accept iGolf72 LLC’s right to take such actions for the safety of myself and/or other participants. I will not engage in any activity beyond my capabilities and will not cause any third party to be endangered by any of my actions during the Program. I acknowledge that there will be NO PARTIAL or FULL refunds if I do not meet the Program requirements, and iGolf72 LLC terminates my participation in the Program as a result.
- PHOTOGRAPH, PICTURES, FILM, VIDEOTAPE. I acknowledge that by participating in or attending any activity in connection with this Program, whether on or off the premises, I consent to the use of any photographs, pictures, film or videotape taken of me or provided by me for publicity, promotion, television, websites or any other use, and expressly waive any right of privacy, compensation, copyright or other ownership right connected to same.
- DISPUTE RESOLUTION. If I have a dispute with iGolf72 LLC, and we are unable to resolve the dispute informally, I agree that upon demand by either me or iGolf72 LLC, the dispute will be resolved through binding arbitration. As the sole exception to arbitration, iGolf72 LLC and I each retain the right to pursue in small claims court any dispute that is within that court’s jurisdiction. I agree that I am waiving the right to a jury trial or a trial before a judge in a court. iGolf72 LLC and I each agree that each may bring claims against the other only in an individual capacity, and that neither iGolf72 LLC nor I shall be entitled to join or consolidate claims by or against others in any arbitration, or to include in any arbitration any dispute as a representative or member of a class, or on behalf of the general public, or as a private attorney general. If this limitation is found to be unenforceable, it shall not be severable, and this entire arbitration provision shall be unenforceable.
Each arbitration, including the selection of the arbitrator, will be administered by the American Arbitration Association (the “AAA”) according to its Commercial Arbitration Rules and the Supplementary Procedure for Consumer-Related Disputes (together, the “AAA Rules”). The AAA Rules are available online at www.adr.org, or by calling the AAA at 1-800-778-7879. In the event of any inconsistency between the AAA Rules and this arbitration provision, this arbitration provision shall be controlling. Either party may demand arbitration by completing the form for Consumer-Related Disputes provided for that purpose, and following the instructions on the form. The form is available on the AAA’s website, www.adr.org, or by calling AAA Case Filing Services at 1-877-495-4185. If I demand arbitration, I must send a copy of the form or other demand, by U.S. Certified Mail, addressed to iGolf72 LLC at the address given above.
- SEVERABILITY. The invalidity or unenforceability of any provision of this Agreement, whether standing alone or as applied to a particular occurrence or circumstance, shall not affect the validity or enforceability of any other provision of this Agreement or of any other applications of such provision, as the case may be, and such invalid or unenforceable provision shall be deemed not to be a part of this Agreement.
- APPLICABLE LAW. This Agreement will be governed by and construed and enforced in accordance with the laws of the State of Maryland, without regard to its choice of law provisions. Any mediation, arbitration or other proceeding must be brought in the Circuit Court for Howard County or, if jurisdiction allows, the District Court for Howard County, Maryland.
I HAVE READ THIS DOCUMENT AND UNDERSTAND IT. I AM AT LEAST 18 YEARS OF AGE AND OTHERWISE LEGALLY COMPETENT TO SIGN THIS AGREEMENT. I FURTHER UNDERSTAND THAT BY SIGNING THIS RELEASE, I VOLUNTARILY SURRENDER LEGAL RIGHTS AS DESCRIBED HEREIN. I AGREE THAT THIS FORM SHALL BE BINDING ON ME, MY MINOR CHILD(REN) AND OTHER FAMILY MEMBERS, AND MY HEIRS, EXECUTORS, REPRESENTATIVES AND ESTATE.