Date

February 10, 2024

Author

The Nine Staff

    The Nine Indoor Golf Lounge Waiver and Release of Liability Agreement

    This Waiver and Release of Liability Agreement ("Agreement") is entered into by and between The Nine Indoor Golf Lounge, located at 1205 Airport Parkway, South Burlington, VT 05403 ("The Lounge"), and the undersigned ("Participant").


    By signing this Agreement, the Participant acknowledges and agrees to the following terms and conditions:


    1. Assumption of Risk


    The Participant acknowledges that activities at The Nine Indoor Golf Lounge, including but not limited to using golf simulators, practice areas, and other facilities, involve inherent risks. These risks may include, but are not limited to, accidental slips, falls, errant golf swings, golf ball injuries (such as being struck by a golf ball), equipment malfunctions, and injuries caused by other participants. The Participant voluntarily assumes full responsibility for any risks, injuries, or damages that may occur, whether foreseen or unforeseen.

    2. Release and Waiver of Liability


    To the fullest extent permitted by law, the Participant releases, waives, and forever discharges The Nine Indoor Golf Lounge, its owners, employees, agents, contractors, affiliates, and representatives (collectively, "Released Parties") from any and all claims, demands, damages, costs, expenses, or causes of action of any kind arising out of or related to participation in activities at Back Nine Indoor Golf Lounge, including but not limited to personal injury, property damage, or wrongful death.

    3. Indemnification


    The Participant agrees to indemnify, defend, and hold harmless the Released Parties from any and all claims, demands, liabilities, damages, or expenses (including reasonable attorney’s fees) arising out of or related to the Participant’s actions, omissions, or negligence while on the premises of The Nine Indoor Golf Lounge.


    4. Acknowledgment of Rules and Policies


    The Participant agrees to abide by all posted and verbal instructions, safety rules, and policies established by The Nine Indoor Golf Lounge. Failure to comply may result in immediate removal from the premises without refund. The Lounge reserves the right to modify rules and policies at its discretion.


    5. Damage to Property


    The Participant agrees to be financially responsible for any damages to The Nine Indoor Golf Lounge’s equipment, facilities, or property caused by the Participant’s actions, whether intentional or accidental.


    6. Medical Treatment


    In the event of an injury, the Participant authorizes The Nine Indoor Golf Lounge to provide or arrange for emergency medical treatment and assumes full responsibility for any associated costs.


    7. Photography and Media Release


    The Participant grants The Nine Indoor Golf Lounge permission to use photographs, videos, or other media taken during activities for promotional purposes without compensation or prior approval.


    8. Governing Law and Dispute Resolution


    This Agreement shall be governed by the laws of the State of Vermont. Any disputes arising under this Agreement shall be resolved through binding arbitration in South Burlington, Vermont.


    9. Severability


    If any provision of this Agreement is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.

    By signing below, the Participant acknowledges that they have read, understood, and voluntarily agree to the terms of this Agreement. The Participant also confirms that they are at least 18 years old or have obtained parental/guardian consent if under 18.

    Name (Printed): _______________________________________


    Signature: _____________________________________________

    Date: __________________________________________________