Waiver & Release of Liability.

01Parties and acceptance

This Waiver and Release of Liability (the “Waiver”) is an agreement between you (the “Participant”) and Vintage Swing Golf Club LLC, doing business as Vintage Swing Golf Club, together with its owners, officers, members, managers, employees, agents, contractors, affiliates, successors, and assigns (together, the “Club”). The club is located at 350 E Kettleman Ln, Suite A, Lodi, CA 95240.

In this Waiver, the words “I,” “me,” and “my” refer to the Participant. If I am accepting this Waiver as a parent or legal guardian of a minor, those words also include that minor, and I have authority to accept this Waiver on the minor’s behalf, as described in the Minors section.

I agree to this Waiver by completing checkout in the Club’s booking system, by checking an acceptance box, by signing electronically or in writing, or by entering the club or using a simulator bay. This Waiver applies to this visit and to later visits, until it is replaced by a newer version I am asked to accept.

02The activity

I understand that I am being given permission to enter an unstaffed indoor golf club and to use private golf simulator bays and related facilities and equipment (the “Activity”). The Activity includes practicing, playing simulated golf, swinging clubs, hitting real golf balls into a screen, moving around the bays and club spaces, and being present as a guest or spectator.

03Assumption of risk

I understand that indoor golf and the use of a golf simulator involve inherent risks. Those risks include, but are not limited to, being struck by a golf club or golf ball; slipping or falling; colliding with another person, a screen, turf, furniture, or equipment; overexertion; and other injuries that can occur in a room where people are swinging clubs and hitting balls. Injuries can be serious and can include permanent disability, paralysis, or death. Property can also be damaged.

I understand that these risks can arise from my own actions, from the actions of other players or guests, from the condition of the premises or equipment, or from the unstaffed nature of the club. I am voluntarily participating in the Activity, and I assume all risks of the Activity, both known and unknown, whether or not they are listed here.

I represent that I am physically able to take part in the Activity, and that I will not take part if I am in a condition that would make it unsafe for me or for others.

04Unstaffed, door-code access

I understand that the Club is unstaffed. I will let myself in with a door code provided with a booking, and I will start a bay with the bay code provided with that booking. I understand that an unstaffed, door-code-access club involves additional risks, including limited or no staff on site to help in an emergency, to supervise play, or to give first aid. I assume those risks.

I will not share door or bay codes with anyone who is not part of the booking. I am responsible for everyone who enters the club with codes issued for my booking. I will leave when the booked time ends.

05House rules

I agree to follow the Club’s house rules, including those in the Club Policies, and any posted or reasonable instructions. In particular:

• Only the person hitting will be in the hitting area. Everyone else will stand well behind, off the turf. I will check my surroundings before I swing.
• I will aim at the screen and will not take running starts, trick shots, or any unsafe swing.
• I will not wear spiked golf shoes.
• I may bring food and drinks, but I will keep them away from the hitting area and screens, and I will take my trash with me.
• Outside alcohol or beer is not permitted on the premises.
• I will not smoke or vape in the club, and I will not bring illegal drugs or weapons into the club.
• I will treat the facility and equipment with care and leave the bay clean.
• If I bring a minor, I will accompany and supervise that minor at all times.

I understand that the Club may end a session, refuse entry, or decline future access if these rules are not followed.

06Release and waiver of liability

To the fullest extent permitted by law, I waive, release, and discharge the Club from any and all claims, demands, causes of action, and liabilities of any kind, including claims for personal injury, disability, death, or property damage, arising out of or related to the Activity or my presence at the club, including claims arising in whole or in part from the ordinary negligence of the Club, or from the unstaffed or door-code-access nature of the facility.

This release does not apply to claims that cannot be released under California law, including claims based on the Club’s gross negligence or willful misconduct, to the extent such a limitation is required.

This Waiver is binding on me and on my heirs, executors, administrators, assigns, and personal representatives.

07California Civil Code Section 1542

I understand that California Civil Code Section 1542 says: “A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.”

I expressly waive the protections of Section 1542 and of any similar law, to the fullest extent permitted, with respect to the claims released in this Waiver.

08Indemnification

I agree to indemnify, defend, and hold harmless the Club from and against any claims, damages, losses, and reasonable attorneys’ fees arising out of or related to my participation in the Activity, my guests’ participation, my or my guests’ failure to follow house rules, or injury or damage caused by me or my guests, except to the extent caused by the Club’s gross negligence or willful misconduct.

09Property and damage

I am responsible for my own clubs, belongings, and other personal property. The Club is not responsible for lost, stolen, or damaged personal property.

If the facility, a bay, a screen, turf, or other equipment is damaged because of my or my guests’ misuse, carelessness, or willful acts, I agree to be responsible for the reasonable cost of repair or replacement.

10Medical authorization

If I need emergency medical care, I authorize the Club and emergency responders to arrange or provide care that is reasonably necessary, and I agree that I am responsible for the costs of that care. I should carry my own health insurance.

I understand that because the club is unstaffed, emergency response may depend on me or someone with me calling for help, and that first aid or medical staff may not be present on site.

11Minors

A person under 18 may take part in the Activity only if accompanied and supervised at all times by a responsible adult, 18 or older, and only if a parent or legal guardian has accepted this Waiver on the minor’s behalf.

If I am accepting this Waiver as a parent or legal guardian, I represent that I have authority to do so, I accept all of its terms on behalf of the minor and myself, I will supervise the minor at all times in the club, and I agree to the assumption of risk, release, and indemnity with respect to any claim brought by or on behalf of the minor, to the fullest extent permitted by law.

12Governing law, electronic acceptance, and other terms

This Waiver is governed by the laws of the State of California, without regard to conflict-of-law rules. If any part of this Waiver is found unenforceable, the rest remains in effect. If a court finds that a provision would be enforceable if limited, it shall be enforced as so limited. This Waiver is intended to be as broad as California law allows.

This Waiver is the entire agreement between me and the Club concerning the release of liability for the Activity, and it supersedes any prior oral or written statements on that subject. It may be accepted electronically, including by completing checkout in the TrackMan booking system or by checking an acceptance box. An electronic acceptance has the same effect as a handwritten signature.

I have read this Waiver, I understand it, and I agree to it of my own free will. I understand that I am giving up substantial legal rights, including the right to sue the Club, to the extent permitted by law.

Accepted electronically at checkout, or by entering the club or using a bay, by the Participant or by a parent or legal guardian on behalf of a minor Participant.