ASSUMPTION OF RISK, WAIVER, RELEASE OF LIABILITY AND INDEMNITY AGREEMENT
In consideration of being permitted to participate in the SWING Indoor Golf League and to use the facilities, simulators, equipment, bar and common areas of SWING Middletown, located at 1 N Galleria Dr, Middletown, NY 10941 (together with its owners, officers, members, managers, employees, contractors, agents, affiliates, landlord, and sponsors, collectively "SWING"), I, the undersigned participant, agree as follows:
1. Assumption of Risk. I understand that golf and simulator activities involve inherent risks, including but not limited to being struck by golf clubs, golf balls, or ricocheting balls; slips, trips, and falls; muscle strains, sprains, back and joint injuries; overexertion; equipment failure; and the conduct of other participants and guests. I knowingly and voluntarily assume all such risks, both known and unknown, even if arising from the negligence of SWING.
2. Physical Condition. I affirm that I am at least 18 years of age, in good physical health, and have no medical condition that would prevent my safe participation. I am solely responsible for determining whether I am fit to participate.
3. Release and Waiver. To the fullest extent permitted by New York law, I hereby release, waive, discharge, and covenant not to sue D&T Murphy and Associates, Inc. d/b/a SWING, its owners, affiliates, employees, agents, and assigns (collectively "SWING") from any and all claims, demands, liabilities, losses, or damages, including personal injury, illness, death, or property damage, arising out of or related to my participation in the league or my presence at the facility, except for damages caused by SWING's gross negligence or willful misconduct.
4. Indemnification. I agree to indemnify and hold harmless SWING from any loss, liability, damage, or cost, including attorney's fees, that SWING may incur arising from my participation, my conduct, or my breach of facility rules.
5. Rules and Conduct. I agree to follow all SWING safety rules, staff instructions, and posted policies, including maintaining safe distance from other players while swinging, using only SWING-approved equipment in simulator bays, and consuming alcohol responsibly. I understand SWING may remove me from the league without refund for unsafe, intoxicated, or disruptive conduct.
6. Property Damage. I accept financial responsibility for any damage I cause to simulator screens, projectors, equipment, or facility property through negligent or intentional misuse.
7. Personal Property. SWING is not responsible for lost, stolen, or damaged personal property, including golf clubs and personal equipment brought onto the premises.
8. Medical Treatment. I authorize SWING to obtain emergency medical treatment on my behalf if needed, and I agree to be responsible for all related costs.
9. League Fees and Schedule. League fees are non-refundable once the league begins. SWING reserves the right to modify formats, schedules, or tee times, or to cancel the league if minimum enrollment is not met, in which case fees paid will be refunded.
10. Severability. If any portion of this agreement is held invalid, the remainder shall continue in full force and effect. This agreement shall be governed by the laws of the State of New York.
I HAVE READ THIS AGREEMENT, FULLY UNDERSTAND ITS TERMS, UNDERSTAND THAT I AM GIVING UP SUBSTANTIAL RIGHTS, INCLUDING MY RIGHT TO SUE, AND SIGN IT FREELY AND VOLUNTARILY.