IMPORTANT: THIS IS A LEGAL DOCUMENT. BY CHECKING THE BOX BELOW, YOU GIVE UP CERTAIN LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE. READ CAREFULLY.
1. Parties and Activity. In consideration of being allowed to enter, use, or participate in golf simulator bays, golf equipment, related games, instruction, events, food-and-beverage areas, and any related activities at The Turn at LikeMinds, operated by Station Ten Experiential LLC (collectively, “The Turn”), I agree to this Waiver, Release of Liability, Assumption of Risk, Indemnity, Equipment-Damage Responsibility, and Media Release (“Agreement”). “Activity” includes all such use and participation, whether supervised or unsupervised.
2. Acknowledgment and Assumption of Risk. I understand that the Activity involves inherent and other risks that cannot be eliminated, including being struck by a golf club, golf ball, or other object; slips, trips, falls, collisions, or contact with equipment or other persons; eye injury or loss of sight; strains and injuries caused by swinging; property damage; serious bodily injury; paralysis; and death. I understand that alcohol, impairment, distraction, poor judgment, equipment misuse, and the actions of other guests can increase these risks. I voluntarily choose to participate and knowingly, freely, and expressly assume all risks of injury, illness, death, loss, or property damage arising from or related to the Activity, whether known or unknown, anticipated or unanticipated.
3. Release and Waiver of Liability. TO THE FULLEST EXTENT PERMITTED BY GEORGIA LAW, I, FOR MYSELF AND MY HEIRS, PERSONAL REPRESENTATIVES, ESTATE, INSURERS, SUCCESSORS, AND ASSIGNS, RELEASE, WAIVE, DISCHARGE, AND COVENANT NOT TO SUE THE TURN, STATION TEN EXPERIENTIAL LLC, LIKE MINDS, THE PROPERTY OWNER AND OPERATOR, AND EACH OF THEIR RESPECTIVE MEMBERS, MANAGERS, OWNERS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, CONTRACTORS, VOLUNTEERS, AFFILIATES, SPONSORS, AND REPRESENTATIVES (COLLECTIVELY, THE “RELEASED PARTIES”) FROM ALL CLAIMS, DEMANDS, CAUSES OF ACTION, DAMAGES, LOSSES, COSTS, OR EXPENSES ARISING OUT OF OR RELATED TO MY ENTRY, PRESENCE, USE OF THE FACILITY OR EQUIPMENT, OR PARTICIPATION IN THE ACTIVITY, INCLUDING CLAIMS ALLEGING THE ORDINARY NEGLIGENCE OF A RELEASED PARTY. This release does not purport to release claims that cannot legally be released under applicable law, including claims based on gross negligence, reckless, willful, or intentional misconduct, where such claims may not lawfully be waived.
4. Indemnity and Defense. To the fullest extent permitted by law, I agree to indemnify, defend, and hold harmless the Released Parties from and against claims, demands, actions, liabilities, damages, judgments, settlements, costs, and reasonable attorney fees arising from or related to: (a) my acts or omissions; (b) my violation of this Agreement, posted rules, or staff instructions; (c) my use or misuse of the facility or equipment; or (d) a claim brought by or on behalf of a person in my party, including a minor under my supervision, to the extent caused by my acts or omissions or to the extent permitted by law.
5. Responsibility for Damage to The Turn Property. I accept responsibility for the reasonable, documented cost to repair or replace property of The Turn that I, a member of my party, or a minor under my supervision damages through misuse, unsafe conduct, intentional conduct, reckless or negligent conduct, or failure to follow this Agreement, posted rules, or staff instructions. This includes, without limitation, simulator screens, projectors, cameras, sensors, launch monitors, computers, televisions, hitting mats, golf clubs, golf balls, furniture, fixtures, doors, walls, and other bay equipment. I am not responsible for ordinary wear and tear or damage caused solely by the negligence or willful misconduct of a Released Party. If damage occurs, The Turn may provide an itemized written notice of the repair or replacement cost. I agree to pay that amount within 14 days of notice. Any charge to a payment method on file requires my separate, affirmative authorization at the time of booking or payment and remains subject to applicable law and card-network rules.
6. Safety Rules and Removal. I agree to exercise common sense and play responsibly. I will: (1) swing a golf club only within the designated simulator-bay hitting area; (2) confirm that all people are clear before each swing; (3) never retrieve a ball or club while another person is in a hitting position; (4) handle all equipment safely and keep it in the designated bay; (5) follow all staff instructions and posted signs; and (6) not participate while intoxicated, impaired, or otherwise unable to do so safely. The Turn may stop my participation or remove me from the facility for unsafe conduct, rule violations, or visible intoxication, with no refund, when permitted by law.
7. Medical Emergency. If I experience or cause a medical emergency, I authorize The Turn to seek emergency assistance or medical treatment for me when it reasonably believes doing so is necessary. I remain responsible for any resulting medical costs. The Turn has no duty to provide medical care beyond any duty imposed by law.
8. Photo and Media Release. I grant The Turn and its authorized agents the irrevocable right to photograph, record, use, reproduce, edit, display, distribute, and publish my likeness, image, name, voice, statements, and testimonials captured in connection with the Activity for lawful marketing, advertising, social-media, editorial, and promotional purposes, without compensation. I release the Released Parties from claims arising from such authorized use. I understand I may notify staff before participation if I do not wish to be photographed or recorded; however, The Turn cannot guarantee exclusion from incidental background capture.
9. Acknowledgment; Governing Law; Severability. I certify that I am at least 18 years old, have read and understand this Agreement, sign it freely and voluntarily, and intend it to be a complete and unconditional release to the greatest extent permitted by Georgia law. This Agreement is governed by Georgia law. If any provision is held invalid or unenforceable, the remaining provisions remain in effect. This Agreement is the entire agreement concerning these subjects and may be signed electronically; an electronic signature (checking the box below and submitting this form) has the same force and effect as an original handwritten signature.
10. Minor Participant. IF THE PARTICIPANT IS UNDER 18, A PARENT OR LEGAL GUARDIAN MUST BE THE ONE BOOKING AND ACCEPTING THIS AGREEMENT. By checking the box below on behalf of a minor, I represent that I am the parent or legal guardian of the minor guest, I consent to the minor's participation, I agree to all applicable terms of this Agreement for myself, and I agree to supervise the minor as appropriate. I release and agree not to sue the Released Parties on behalf of myself to the fullest extent permitted by law, and I agree to the indemnity and property-damage-responsibility provisions above for damage caused by the minor or by persons in my party.