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The individual named below (referred to as “I” or “me”) desires to participate in the golf simulation activities (“Activities”) provided by TB24 Golf, LLC doing business as Tips Golf Club, a South Carolina limited liability company, located at 966 Houston Northcutt Blvd., Mt. Pleasant SC 29464 (the “Company”). In consideration of participating in the Activities and use of the Company’s premises, and in recognition of the Company’s reliance hereon, I agree to all the terms and conditions set forth in this instrument (this “Release”).
I am aware and understand that the Activities may be strenuous, and potentially dangerous, and involve the risk of personal or psychological injury, pain, suffering, temporary or permanent disability, death, property damage and/or financial loss. I understand that part of the risk involved in participating in the Activities is relative to my own state of fitness or health, and to the awareness, care, and skill which I have in participating in the Activity. I acknowledge that any injuries that I sustain may result from, or be compounded by, the actions, omissions, or negligence of the company, including negligent emergency response or rescue operations of the company. Notwithstanding the risk, I acknowledge that I am knowingly and voluntarily participating in the Activities with an express understanding of the danger involved and hereby agree to accept and assume any and all risks of injury, disability, death, and/or property damage arising from my participation in the Activities, whether caused by the ordinary negligence of the company or otherwise.
I hereby expressly waive and release any and all claims, now known or hereafter known, against the company, and its officers, Members, managers employees agents, successors, and assigns (collectively, “Released Parties”), on account of injury, disability, death, or property damage arising out of or attributable to my participation in the Activities, whether arising out of the ordinary negligence of the company or any releasees or otherwise. I covenant not to make or bring any such claim against the company or any other releasee, and forever release and discharge the company and all other releasees from liability under such claims. This waiver and release does not extend to claims for gross negligence, willful misconduct, or any other liabilities that South Carolina law does not permit to be released by agreement.
I agree to defend, indemnify and hold harmless the Released Parties from and against any third party losses, damages, actions, suits, claims, judgments, settlements, awards, interest, penalties, expenses (including reasonable attorneys’ fees) and costs of any kind for any personal injury, loss of life, or damage to property sustained by reason of or arising out of your involvement in any of the Activities or my use of the premises, whether caused by the negligence of Released Parties or otherwise.
I hereby consent to receive medical treatment deemed necessary if I am injured or require medical attention during my participation in the Activities. I understand and agree that I am solely responsible for all costs related to such medical treatment and any related medical transportation and/or evacuation. I hereby release, forever discharge, and hold harmless the Company and all other Releasees from any claim based on such treatment or other medical services.
No waiver of any term or right in this Release shall be effective unless in writing, signed by an authorized representative of the waiving party. The failure of any party to enforce any provision of this agreement shall not be construed as a waiver or modification of such provision, or impairment of its right to enforce such provision or any other provision of this agreement thereafter.
I will follow any and all instructions, recommendations, and safety rules of Company at all times during the Activity, including, without limitation, obeying all verbal or posted rules and instructions, use common sense, including but no limited to paying attention to my surroundings, and persons within my swing radius, and compliance with all applicable laws while participating in the Activities.
I agree to be financially responsible for the cost of repairing or replacing any property I damage or destroy while on the premises, whether I am participating in the Activities or not, whether or not as a result of my negligence. I am fully responsible for the conduct of my guests, minors for which I am the Parent/Guardian, visitors, licensees and invitees (“Guests”), including without limitation harm to individuals or damage or defacement of any part of the premises. Further, I agree to be financially responsible for any personal injury or damage I cause to any person on the premises.
Survival.
Any provision of this Release providing for performance by either party after termination of this agreement shall survive such termination and shall continue to be effective and enforceable.
Attorney’s Fees. If either Party incurs any legal fees associated with the enforcement of this Agreement or any rights under this Agreement, the prevailing Party shall be entitled to recover its reasonable attorney’s fees and any court, arbitration, mediation, or other litigation expenses from the other Party.
Severability. If any provision or portion of this Release shall be held by a court of competent jurisdiction to be illegal, invalid, or unenforceable, the remaining provisions or portions shall remain in full force and effect.
Entire Agreement; Modification; Binding Effect. This Release, along with any writing specifying the pricing and location of sessions, is the entire agreement between the parties with respect to the subject matter hereof and supersedes any prior agreement or communications between the parties, whether written, oral, electronic, or otherwise. No change, modification, amendment, or addition of or to this agreement shall be valid unless in writing and signed by authorized representatives of the parties. This agreement shall be binding upon and inure to the benefit of the successors, assigns, and legal representatives of the parties.
Governing Law. I irrevocably consent to the jurisdiction of the courts of the State of South Carolina for all purposes in connection with any action or proceeding which arises out of or relates to this Release and Waiver of Liability, and agree that any action instituted under this Release and Waiver of Liability shall be commenced only in the courts of the State of South Carolina in and for Charleston County, which shall be the exclusive and only forums for adjudicating such a claim. I expressly understand and agree that this Release and Waiver of Liability is intended to be as broad and inclusive as permitted by law, and that this Release and Waiver of Liability shall be governed by and its provisions construed and enforced in accordance with the laws of the State of South Carolina.
Photography/Video Release. I do hereby grant and convey unto Company all rights, title, and interest in and to any and all photographic images and video or audio recordings made by or on behalf of Company during my participation in Activities.
