RELEASE OF LIABILITY, WAIVER OF CLAIMS, ASSUMPTION OF RISKS, AND INDEMNITY AGREEMENT
("Release Agreement")
Read Carefully – This Affects Your Legal Rights
On behalf of all children and adults in my care participating in playing golf via the mobile simulator service (“Activity”), provided by Hearn Golf Events LLC of Baltimore, Maryland (“Releasee”), I (“Releasor”), hereby agree as follows:
AGREEMENT TO FOLLOW DIRECTIONS
I agree to observe and obey all posted rules and warnings, and further agree to follow any oral instructions or directions given by the employees, representatives, or agents of Releasee.
CERTIFICATION OF FITNESS
I certify that I have not been advised against participating in this Activity by a qualified medical professional. I certify that I have no health-related reasons or problems that preclude my participation.
ASSUMPTION OF RISKS
I acknowledge that there are inherent risks associated with the Activity, including but not limited to slips, falls, being hit by golf balls or clubs, and damage to property. These risks can result in serious injury, death, or property loss. I voluntarily assume all such risks, including those that may arise from negligence or carelessness of Releasee.
WAIVER OF CLAIMS
On behalf of myself, my executors, administrators, heirs, next of kin, successors, and assigns, I release and forever discharge Releasee and its affiliates, successors, officers, employees, representatives, partners, agents, and anyone acting on their behalf (“Released Parties”) from all claims, known or unknown, arising from or relating to injury, loss, or damage sustained during participation in the Activity (“Claims”).
INDEMNIFICATION
I agree to indemnify and hold harmless Releasee from any and all claims, actions, lawsuits, damages, and judgments, including legal fees, that result from my participation in the Activity.
EQUIPMENT DAMAGE
I agree to pay for any damage to the facilities or equipment of Hearn Golf Events LLC caused by my negligent, reckless, or intentional actions or those of my guests.
GOVERNING LAW AND SEVERABILITY
This agreement is governed by the laws of the State of Maryland. If any provision is found to be unenforceable, the remaining provisions shall remain in full force and effect.
DISPUTE RESOLUTION
All disputes arising from or related to this Agreement will be resolved by binding arbitration in Maryland, pursuant to the rules of the American Arbitration Association. The decision will include findings of fact, legal conclusions, and an allocation of costs and attorney’s fees.
MARKETING CONSENT
I consent to Hearn Golf Events LLC collecting and using my personal information for marketing purposes, including but not limited to:
- Promotional emails or texts
- Invitations to participate in surveys or market research
- Sharing information with trusted marketing partners
MARKETING LIABILITY RELEASE
I release Hearn Golf Events LLC and its affiliates, employees, and contractors from any liability related to marketing activities or the use of my information for such purposes.