Client Waiver
CLIENT WAIVER
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In consideration for my use of Par Golf TN’s services, facilities, and equipment, I agree to the Par Golf TN customer waiver (the “Client Waiver”) and its terms and conditions, as follows:
By booking a session at Par Golf TN I accept full legal and monetary responsibility for not only myself, but also for others attending the session with me. This will include, but is not limited to family, friends, guests, clients, and any and all persons and players attending my session. All persons with any such involvement also fall under the terms of this contract under your responsibility.
I hereby understand and acknowledge that Par Golf TN’s services, programs, events, and equipment, including the virtual reality golf simulator and all other equipment in the facility, may expose me to inherent risks, including accidents, injury, illness, or even death. I assume all risks, for myself and anyone with any involvement or participation in my session, associated with participation including, but not limited to, falls, contact with other participants, equipment-related injury, and all other such risks being known and appreciated by me. I hereby acknowledge my responsibility in communicating any physical and psychological concerns that might conflict with participation in any activity at a Par Golf TN facility.
I acknowledge that I, and anyone with any involvement or participation in my session, are physically fit and mentally capable of performing the physical activities I choose to participate in while attending the Par Golf TN facility. After having read this Client Waiver and knowing these facts, I freely and voluntarily agree to participate in and use Par Golf TN’s facilities and virtual golf simulators. I understand the risks involved in these activities.
I understand that by signing this form, I am forfeiting my right, and the right of anyone with any involvement or participation in my session, to pursue legal recourse against Par Golf TN for any injury or accident that may occur while I attend the Par Golf TN facility. I understand that I am solely responsible and liable for my actions and the actions of those with me while attending the Par Golf TN facility. Further, I will not hold Par Golf TN responsible for any acts by any other individuals attending the Par Golf TN facility.
In consideration of Par Golf TN’s acceptance of my participation and furnishing of their services to me, and/or anyone with any involvement or participation in my session, I agree, to HOLD HARMLESS, WAIVE AND FOREVER RELEASE AND DISCHARGE Par Golf TN, its owners, employees, agents, officers, instructors, programs, organizers, representatives, successors, volunteers, and operators from any responsibility, liability, demands, or claims of any kind arising out of my attendance at Par Golf TN’s facilities or my participation in Par Golf TN’s virtual reality simulator, classes, programs, and/or events, whether foreseen or unforeseen, including those allegedly attributed to the above mentioned parties; and further, to save and hold harmless Par Golf TN’s services, programs, and persons from any claim by me, or my family, estate, heirs, transferees or assignees, arising as a result of my use of Par Golf TN’s services facilities, or equipment.
I acknowledge and agree that Par Golf TN shall not be held responsible or liable for any technical errors or downtime which may affect the Par Golf TN app, website, virtual reality screens, or other electronically-offered services from time to time.
TO THE FULLEST EXTENT PERMISSIBLE BY LAW, PAR GOLF TN’S TOTAL LIABILITY TO ME SHALL NOT UNDER ANY CIRCUMSTANCES EXCEED THE TOTAL AMOUNT OF ALL THE MONEY I HAVE PAID TO PAR GOLF TN.
To the maximum extent permitted by applicable law, I, and anyone with any involvement or participation in my session, agree to defend, indemnify, and hold harmless Par Golf TN, its affiliates, and their respective directors, officers, employees, agents, service providers, contractors, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgements, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to my use of Par Golf TN‘s equipment or facilities, including, but not limited to, my use of the virtual reality simulator, my use of any shared customer facilities, my use of rented equipment, my interactions with other individuals in or around the Par Golf TN facility, and my actions while attending the Par Golf TN facility.
I hereby release and hold harmless PAR GOLF TN, its officers, directors, employees, agents, volunteers, and contractors (collectively, Releasees) from any claim, demand, loss, liability, damages, and attorney fees and costs whatsoever arising from, related to, or resulting from these Risks (Claims), including those caused by the negligent acts or omissions of any or all of the Releasees.
I recognize the physical exertion involved in the use of the building, golf simulator and related equipment, and attest and certify that I am physically fit to participate safely, and I have not been advised otherwise by a health care professional.
As between each of the Releasees and me, I will be solely responsible for any and all medical and related bills that I, or anyone with any involvement or participation in my session, may incur because of any injury, as well as costs related to loss or damage to my property, that I may sustain as a result of my participation, including those sustained on the premises and while I am traveling to and from such premises, regardless of the location or mode of transportation.
I will be personally liable for any and all damage to the building, simulator and facility equipment caused by my careless, reckless, or intentional actions or the actions of participants in my session.
This Agreement shall be binding on my estate, heirs, executors, administrators, successors, and assigns, as well as any other party asserting a Claim on my behalf or on behalf of my estate.
I hereby understand, acknowledge, and agree to accept the risk that I, or anyone with any involvement or participation in my session, may contract COVID-19 in Par Golf TN’s facility. Par Golf TN cannot guarantee that I will not contract COVID-19 while on or near its facilities.
Par Golf TN shall not be liable for any failure to perform any obligation under any agreement which is due to an event beyond the control of such party including, but not limited, to any Act of God, terrorism, war, political insurgence, insurrection, riot, civil unrest, government-ordered lockdown, act of civil or military authority, uprising, pandemic, epidemic, earthquake, flood, or any other natural or man-made eventuality outside of our control, which causes the termination of an agreement or contract entered into by Par Golf TN, which termination could have been reasonably foreseen. In such event, Par Golf TN shall forthwith inform me of the termination and shall use all reasonable endeavors to comply with the terms and conditions of any agreement entered between myself and Par Golf TN.
I understand and agree that Par Golf TN is not responsible for property that is lost, stolen, or damaged while in, on, or about the premises.
This Client Waiver will be governed by any construed in accordance with the laws of Tennessee and the federal laws of Tennessee applicable therein, without giving effect to any choice or conflict of law provision, principle or rule (whether of the laws of Tennessee or any other jurisdiction) and notwithstanding your domicile, residence or physical location.
I hereby expressly agree that if any portion of this Agreement is held invalid, the balance of the Agreement shall nonetheless continue in full legal force and effect.
I acknowledge and agree that I have read, understood, and accepted the terms and conditions of this Client Waiver and I have been afforded the opportunity to seek independent legal advice with regards to this Client Waiver. For customers 18 years old or younger, a parent or guardian must agree to this Client Waiver on the customer’s behalf.
Par Golf TN
5111 Peter Taylor Park Drive #300
Brentwood, TN 37027