PARTICIPANT ASSUMPTION OF RISK, RELEASE OF LIABILITY & WAIVER AGREEMENT
PLEASE READ CAREFULLY BEFORE PARTICIPATING
In consideration for being permitted to participate in golf simulator activities provided by Breakfast Ball Golf Company, LLC (“Breakfast Ball”), I acknowledge and agree to the following:
1. ACKNOWLEDGMENT OF ACTIVITY
I understand that participation may include swinging golf clubs, hitting golf balls, using golf simulator equipment, launch monitors, hitting mats, inflatable or portable simulator enclosures, and participating in golf-related games, contests, challenges, or demonstrations.
2. ASSUMPTION OF RISK
I understand that participation in golf and golf simulator activities involves inherent and other risks, including, but not limited to:
Being struck by a golf club or golf ball;
Being injured by another participant's golf swing;
Slips, trips, or falls;
Contact with simulator equipment, screens, mats, enclosures, cables, stands, tables, or other equipment;
Equipment malfunction or failure;
Muscle strains, sprains, or other injuries associated with swinging a golf club or physical activity;
Risks created by weather, ground conditions, flooring, lighting, or the event environment; and
Actions of other participants, spectators, or third parties.
I voluntarily choose to participate with knowledge of these risks and assume the ordinary and inherent risks associated with my participation.
3. PARTICIPANT RESPONSIBILITIES
I agree that I will:
Follow all instructions provided by Breakfast Ball personnel;
Remain outside the designated hitting area while another participant is swinging;
Not swing a golf club unless the hitting area is clear;
Use the simulator and equipment only as intended;
Not intentionally misuse or damage equipment;
Immediately notify Breakfast Ball personnel of any unsafe condition, damaged equipment, or injury; and
Stop participating if instructed to do so by Breakfast Ball personnel.
Breakfast Ball reserves the right to prohibit or discontinue participation when it reasonably determines that continued participation could create an unsafe condition.
4. RELEASE AND WAIVER OF LIABILITY
To the fullest extent permitted by applicable law, I release and discharge Breakfast Ball Golf Co., LLC, together with its owners, members, managers, employees, agents, representatives, contractors, and volunteers, from claims arising from the ordinary risks associated with my voluntary participation in Breakfast Ball golf simulator activities, including claims based upon ordinary negligence to the extent such claims may lawfully be released.
This agreement is not intended to release or waive liability that cannot legally be released or waived under applicable law.
5. PROPERTY DAMAGE
I understand that I may be responsible for damage to Breakfast Ball equipment or property caused by my intentional misconduct or misuse of equipment.
6. MEDICAL AUTHORIZATION
If I become injured or require medical attention during participation and I am unable to provide instructions, I authorize reasonable emergency assistance to be requested on my behalf. I understand that Breakfast Ball does not provide medical insurance for participants.
7. PHOTO / VIDEO CONSENT — OPTIONAL
Please select one:
☐ YES — Breakfast Ball Golf Co. may use photographs or video of me taken during the event for reasonable business, promotional, website, and social-media purposes.
☐ NO — I do not authorize Breakfast Ball Golf Co. to use identifiable photographs or video of me for promotional purposes.
Declining photo/video consent does not affect my ability to participate.
8. SEVERABILITY
If any provision of this agreement is determined to be invalid or unenforceable, the remaining provisions shall remain in effect to the fullest extent permitted by law.
9. ACKNOWLEDGMENT
I acknowledge that:
I have had an opportunity to read this agreement before participating;
I understand that this agreement affects certain legal rights;
I have had an opportunity to ask questions;
I am signing voluntarily; and
I agree to follow Breakfast Ball's safety instructions and rules
PARTICIPANTS UNDER 18
If the participant is under 18 years of age, this section must be completed by the participants partent or legal guardian.