WAIVER AND RELEASE OF LIABILITY CONSENT, ASSUMPTION OF RISK, RELEASE OF CLAIMS AND COVENANT NOT TO SUE
I, the undersigned party 18 years of age or older, in consideration of CHIP SHOTS LLC, granting me access to its facilities, hereby agree as follows:
(1) To assume the risk of harm, injury or death to myself or my guests which may arise out of my participation in any manner at CHIP SHOTS LLC facilities; and
(2) To release and discharge CHIP SHOTS LLC and its employees, members, agents, and volunteers from liability for any and all claims and causes of action, of whatsoever kind of nature, which I or my guests may have as a result of any harm or injury to ourselves arising from the use of CHIP SHOTS LLC equipment or facilities; and
(3) To not institute or prosecute any actions or suits at law or in equity, nor aid any institution or prosecution of any claim, demand, action or cause of action against CHIP SHOTS LLC, its employees, members, agents, or volunteers, for any personal injury, property damage, costs or attorneys’ fees sustained or that might be sustained by myself or my guests which are related to, resulting from, or connected in any manner with the aforesaid use of CHIP SHOTS LLC facilities; and
(4) That this Waiver and Release of Liability may be pleaded as a complete defense to any action or proceeding that may be brought or instituted by me or my guests or by our respective heirs or legal representative heirs or legal representatives; and
(5) That I agree to indemnify and save and hold harmless CHIP SHOTS LLC, its employees, members, agents, and volunteers, and each of them from any loss, liability, damage, or cost, including reasonable attorney’s fees, which arises as a result of our breach of this Waiver and Release of Liability.
I AM FULLY AWARE OF THE RISKS ASSOCIATED WITH INDOOR GOLF, PICKLEBALL, AND SIMULATION SPORTS, PARTICULARLY AS THEY EXIST IN THE CONFINES OF AN ENCLOSED INDOOR AREA, INCLUDING THE POSSIBLE RECKLESS CONDUCT OF OTHER PARTICIPANTS. I HAVE CAREFULLY READ THIS AGREEMENT, AGREE TO ACCEPT ANY AND ALL INHERENT RISKS OF PROPERTY DAMAGE, PERSONAL INJURY OR DEATH AND SIGN IT VOLUNTARILY.
I AGREE THAT THIS WAIVER AND RELEASE OF LIABILITY IS IRREVOCABLE AND EFFECTIVE AS OF THE DATE SET FORTH BELOW AND FOR ALL TIMES THAT I USE CHIP SHOTS LLC FACILITIES HEREAFTER.
PHOTO AND MEDIA RELEASE
I hereby grant CHIP SHOTS LLC permission to use my likeness in a photograph, video, or other digital media (“photo”) in any and all of its publications, including web-based publications, without payment or other consideration. I understand and agree that all photos will become the property of CHIP SHOTS LLC and will not be returned.
I hereby irrevocably authorize CHIP SHOTS LLC to edit, alter, copy, exhibit, publish, or distribute these photos for any lawful purpose. In addition, I waive any right to inspect or approve the finished product wherein my likeness appears. Additionally, I waive any right to royalties or other compensation arising or related to the use of the photo.
I hereby hold harmless, release, and forever discharge the CHIP SHOTS LLC from all claims, demands, and causes of action which I, my heirs, representatives, executors, administrators, or any other persons acting on my behalf or on behalf of my estate have or may have by reason of this authorization.
I HAVE READ AND UNDERSTAND THE ABOVE PHOTO RELEASE. I AFFIRM THAT I AM AT LEAST 18 YEARS OF AGE, OR, IF I AM UNDER 18 YEARS OF AGE, I HAVE OBTAINED THE REQUIRED CONSENT OF MY PARENTS/GUARDIANS AS EVIDENCED BY THEIR SIGNATURES.
PARENT OR GUARDIAN LIABILITY WAIVER ON BEHALF OF MINOR
I understand that all minors, under the age of 18, must be always accompanied by parents or legal guardians while at CHIP SHOTS LLC. I represent that I am duly qualified as the parent or legal guardian or authorized custodian and that I have the authority to execute this agreement on behalf of the Minor.
I further agree to be legally bound by the provisions of this agreement and to indemnify and hold harmless CHIP SHOTS LLC for any claims that the “minor” may now have or may arise in the future on the CHIP SHOTS LLC premises. I further agree that if it is determined that I am not the parent or legal guardian or legal custodian of the “minor”, or that I did not have the authority to sign the agreement on behalf of such “minor”, I will nevertheless personally defend and indemnify CHIP SHOTS LLC for and from any claim arising from “minor’s” participation in activities at CHIP SHOTS LLC premises.