CLIENT WAIVER AND RELEASE OF LIABILITY 365Golf and Racing LLC – Louisville, Kentucky

CLIENT WAIVER AND RELEASE OF LIABILITY

365Golf and Racing LLC – Louisville, Kentucky

In consideration of being permitted to use the indoor golf simulator and related equipment at 365Golf and Racing LLC (also referred to as "365Golf"), located at 4121 Shelbyville Road, Suite #9, Louisville, Kentucky, 40207, I, the undersigned participant, hereby acknowledge and agree to the terms and conditions set forth in this Waiver and Release of Liability (the "Waiver") by checking the acceptance box during the reservation process on the 365Golf booking platform.

1. ASSUMPTION OF RISK

I understand that using the indoor golf simulator involves inherent risks, including but not limited to the risk of personal injury (which may be minimal, serious, or result in death), property damage, or other losses. These risks may arise from physical exertion, swinging golf clubs, high-speed golf balls, ricochet of balls or tees, equipment malfunctions, or my own actions or inactions. I acknowledge that 365Golf is fully autonomous, with no employees on-site, and I am responsible for following all posted rules, guidelines, and instructions provided via signage, digital displays, or the booking platform. I voluntarily assume all such risks associated with my use of 365Golf and its equipment.

2. RELEASE AND WAIVER OF LIABILITY

To the fullest extent permitted by Kentucky law, I hereby release, waive, discharge, and hold harmless 365Golf and Racing LLC, its owners, officers, directors, agents, affiliates, successors, and assigns (collectively, the "Released Parties") from any and all claims, demands, actions, suits, liabilities, judgments, costs, expenses, or attorneys’ fees arising out of or in connection with my use of 365Golf, its golf simulators, or related equipment, whether caused by my own actions, the actions of others, or the ordinary negligence of the Released Parties. This release includes, but is not limited to, claims for personal injury, property damage, or wrongful death.

3. INDEMNIFICATION

I agree to indemnify, defend, and hold harmless the Released Parties from any and all claims, demands, actions, suits, liabilities, judgments, costs, expenses, or attorneys’ fees arising out of or in connection with my use of 365Golf, including any damage to equipment or property caused by my careless or reckless actions. This indemnification applies whether or not such claims are caused by the negligence of the Released Parties.

4. MEDICAL CONDITION

I represent that I am in good health and physical condition and have no medical condition that would prevent me from safely using the golf simulator. I understand that it is my responsibility to consult with a medical professional before using 365Golf if I have any concerns about my health or physical condition. I agree to immediately cease use of 365Golf if I experience any discomfort, pain, or medical emergency.

5. FACILITY RULES AND SAFETY

I agree to use the golf simulator and related equipment in a safe and responsible manner and to comply with all posted rules, guidelines, and instructions, including but not limited to:

   - Only one person may be present in the hitting area at a time. Other individuals must maintain a safe distance and remain vigilant of the person swinging.

   - Before swinging a golf club, I will check my surroundings to ensure no one or obstacle is within my range of swing.

   - I will not swing golf clubs outside the designated hitting area.

   - If using my own clubs, I will ensure club faces are clean before play.

   - If using rental clubs, I am responsible for any damage or loss and will be charged the original cost of the club(s).

   - No food or drink is permitted inside the simulator area.

   - No spiked shoes are permitted; golf shoes or running shoes are acceptable.

   - I acknowledge that 365Golf is under video surveillance for safety and security. Tampering with cameras or damaging equipment will result in financial compensation to 365Golf and Racing LLC.

   - I acknowledge that photography or video may be recorded and used for promotional purposes without compensation.

   - I must complete my session promptly at the end of my booked time to allow for the next group’s access.

Failure to abide by these rules may result in cancellation of my session without refund and/or additional charges for damages.

6. CASHLESS PAYMENT POLICY

I acknowledge that 365Golf is a cashless facility and accepts only credit card payments for all bookings, fees, or charges (including but not limited to damages or additional services). By accepting this Waiver, I authorize 365Golf and Racing LLC to charge my credit card on file for any applicable fees, including charges for equipment damage, rule violations, or unpaid balances, as outlined in this Waiver or the booking terms. 

7. CANCELLATION POLICY

1. ENTIRE AGREEMENTookings at 365Golf are non-cancelable and non-refundable within 24 hours of the reserved time slot. If I need to cancel or reschedule, I must do so through the booking platform more than 24 hours before my session. No refunds or credits will be issued for cancellations made within 24 hours or for no-shows.

8. AUTONOMOUS FACILITY

I understand that 365Golf operates autonomously without on-site staff. I agree to follow all instructions provided through the booking platform (Skedda), access control system (OpenPath), and on-site signage or digital displays. I acknowledge that I am responsible for my own safety and conduct while at 365Golf.

9. JURY TRIAL WAIVER

To the fullest extent permitted by Kentucky law, I hereby waive any right to a trial by jury in any legal proceeding directly or indirectly arising out of or relating to this Waiver, my use of 365Golf, or any injury sustained or caused by any person in connection with my activities at 365Golf.

10. GOVERNING LAW

This Waiver shall be governed by and construed in accordance with the laws of the Commonwealth of Kentucky. Any disputes arising under this Waiver shall be resolved in the state or federal courts located in Jefferson County, Kentucky.

11. SEVERABILITY

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

12. ENTIRE AGREEMENT

This Waiver represents the entire understanding between me and 365Golf and Racing LLC with respect to the matters set forth herein. No subsequent modification is binding unless in writing and signed by both parties. Any pre-existing agreements or oral modifications are null and void.

I HAVE CAREFULLY READ THIS WAIVER AND RELEASE OF LIABILITY, FULLY UNDERSTAND ITS TERMS, AND UNDERSTAND THAT I AM GIVING UP SUBSTANTIAL RIGHTS BY ACCEPTING IT. BY CHECKING THE ACCEPTANCE BOX ON THE 365GOLF BOOKING PLATFORM, I AGREE TO BE BOUND BY THE TERMS OF THIS WAIVER FREELY AND VOLUNTARILY WITHOUT ANY INDUCEMENT.

[For Participants Under 18]

I, as the parent or legal guardian of the minor participant named below, have read and explained the provisions of this Waiver to the minor, including the risks of the activity and their responsibilities for adhering to the rules. By checking the acceptance box on the 365Golf booking platform, I consent to the minor’s participation and agree to the terms of this Waiver on behalf of the minor.