TRAVELING TEES LLC PARTICIPANT RELEASE OF LIABILITY PLEASE READ CAREFULLY BEFORE SIGNING. THIS IS A RELEASE OF LIABILITY AND WAIVER OF CERTAIN LEGAL RIGHTS.
This Release of Liability (“Agreement”) is entered into by the undersigned Adult Participant and/or as the parent or legal guardian of Child Participant listed below, in favor of Traveling Tees LLC, a Wisconsin limited liability company. Adult Participant and/or Child Participant are referred to in this Agreement collectively as “Participant.” In consideration of Traveling Tees LLC allowing Participant to participate in the golf simulation and related activities provided by Traveling Tees LLC, Participant agrees as follows:
1. Activities Provided. Traveling Tees LLC provides mobile golf simulator experiences offering Participants the ability to participate, actively or passively, in simulated golf-related activities, including, but not limited to golf range, golf course, and golf-related mini games (collectively, “Activities”).
2. Nature of Risks Involved in the Activities. Participant understands that there are inherent risks, dangers and hazards involved and that serious injuries or death may occur from participating in the Activities, including but not limited to: (a) injury from flying objects, such as a golf club or golf ball; (b) tripping hazards such as customer’s personal property, a golf ball, a golf club or golf simulator equipment; c) injury from another customer’s negligent or intentional acts or omissions; d) equipment malfunction, defective design or manufacture of equipment; and e) using improper form or technique. Participant further understands that golf balls may be driven at high speeds, and golf clubs may be swung at full speed, both of which reach speeds frequently exceeding 100 miles per hour; such balls and/or tees may ricochet, and/or if you walk near someone swinging a club, you might get hit.
3. Assumption of Risk. Notwithstanding the risks and the safety measures implemented by Traveling Tees LLC, Participant acknowledges it is impossible to eliminate all risk of injury. PARTICIPANT AFFIRMS THAT PARTICIPATION IN THE ACTIVITIES IS VOLUNTARY AND KNOWINGLY, WITH UNDERSTANDING OF THE RISKS AND POTENTIAL INJURIES, ASSUMES ALL RISKS INHERENT WITH THE ACTIVITIES.
4. RELEASE OF LIABILITY; HOLD HARLMESS. IN CONSIDERATION OF PARTICIPANT’S USE OF TRAVELING TEES LLC’S GOLF SIMULATOR AND RELATED EQUIPMENT AND FACILITIES, PARTICIPANT RELEASES AND FULLY DISCHARGES TRAVELING TEES LLC, ITS OWNERS, OFFICERS, MEMBERS, AGENTS AND EMPLOYEES (COLLECTIVELY THE “TRAVELING TEES RELEASEES”) FROM ANY LIABILITY RESULTING FROM ANY PERSONAL INJURY TO PARTICIPANT, INCLUDING DEATH, WHICH IS CAUSED BY ANY NEGLIGENT ACT OR OMISSION OF ANY TRAVELING TEES RELEASEE DUE TO PARTICIPANT’S: A) USE OF ANY EQUIPMENT OF TRAVELING TEES, LLC; OR B) ACTIVE OR PASSIVE PARTICIPATION IN THE ACTIVITIES. Participant accepts full responsibility for any personal injury which may result from Participant’s participation in the Activities, and Participant hereby HOLDS HARMLESS the Traveling Tees Releasees for any personal injury sustained by Participant, including death, caused by the negligence of any Traveling Tees Releasee while participating in the Activities. Participant agrees not to bring any action or lawsuit against any Traveling Tees Releasee for any personal injury caused by the NEGLIGENCE of any Traveling Tees Releasee. In accordance with Wisconsin law, nothing in this Agreement shall be construed as releasing, discharging, or waiving any claims Participant may have for reckless or intentional acts on the part of any Traveling Tees Releasee.
5. Option to Pay Additional Fee in Lieu of Signing Agreement. Participant understands that for a fee of $50.00 per person per simulator session, in addition to the normal simulator session price, Traveling Tees offers an option that does not require Participant to sign this Agreement. By signing this Agreement, Participant acknowledges that Participant is aware of this option offered by Traveling Tees LLC and hereby waives Participant’s right to purchase the same. PARTICIPANT HAS CAREFULLY READ THIS RELEASE OF LIABILITY AND UNDERSTANDS ITS CONTENTS. PARTICIPANT IS AWARE THAT BY SIGNING THIS AGREEMENT, PARTICIPANT IS WAIVING CERTAIN LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE TRAVELING TEES LLC, ITS OWNERS, OFFICERS, MEMBERS, AGENTS OR EMPLOYEES FOR CERTAIN CLAIMS.
Participant (Typed Name) ___________________ Participant’s Address ______________________ ________________________________________ Date Participant’s Phone If signing on behalf of Child Participant: __________________________________ _________________________ (Child’s Name) Child’s Date of Birth ____________________________________ ______________________________ Emergency Contact Emergency Contact Phone ___________________________________ Relationship to Participant