Release of Liability, Assumption of Risk and Indemnity Agreement
Welcome to UGolf. We are very excited for your visit and want to make your experience as enjoyable as possible. This is an important legal document. Please allow yourself enough time to carefully read and understand the entire document because by signing it you are agreeing to give up certain legal rights.
I agree to the following policies in consideration of UGolf allowing you to use our facilities:
Assumption of Risk
I know and understand the scope, nature, and extent of the risks involved in participating in indoor golf and that these risks include, but are not limited to: equipment malfunction; defective and/or negligent design and/or manufacture of equipment; carelessness and/or negligent instruction and/or supervision; negligent rescue operations; and being hit by a golf club or a golf ball. I agree that UGolf is not responsible for these and other unexpected occurrences and that I will play at my own risk and voluntarily, freely and expressly choose to incur all risks associated with using UGolf facilities, understanding that those risks may include personal injury, damage to property, and/or death.
I agree to follow UGolf rules, safety rules and alcohol use and consumption rules, which are intended to protect me and other guests.
3. Exemption and Release From Liability.
I exempt and release the following persons, corporations, and organizations: UGolf, UGolf, LLC and UFit Properties, LLC. and each of their directors, officers, agents, employees and consultants (collectively the “Releasees”), from any and all liability, claims, demands or actions or causes of action whatsoever arising out of any damage, loss or injury to me or my property, or my death, while upon the premises, whether resulting from the negligence and/or other fault, either active or passive, of any of the Releasees, or from any other cause.
4. Covenant Not to Sue.
I agree never to institute any suit or action at law or otherwise against any of the Releasees, or to initiate or assist in the prosecution of any claim for damages or cause of action which I may have by reason of injury to my person or property, or my death, arising from the activities covered by this Agreement, whether caused by the negligence and/or other fault, either active or passive, of any of the Releasees, or from any other cause. I further agree that my heirs, executors, administrators, personal representatives, and/or anyone else claiming on my behalf, shall not institute any suit or action at law or otherwise against any of the Releasees, nor shall they initiate or assist the prosecution of any claim for damages or cause of action which I, my heirs, executors, administrators, personal representatives, and/or anyone else claiming on my behalf may have by reason of injury to my person or property, or my death, arising from activities covered by this Agreement, whether caused by the negligence and for other fault, either active or passive, of any of Releasees, or from any other cause. I hereby so instruct my heirs, executors, administrators, personal representatives and/or anyone else claiming on my behalf. Should any such suit or action at law or otherwise be instituted against any of the Releasees, I agree that such Releasees shall be entitled to recover attorneys' fees and costs incurred in defense of such suit or action, including any appeals therefrom.
5. Indemnity Against Third Party Claims.
I agree to indemnify, save and hold harmless the Releasees from any and all losses, claims, actions, or proceedings of every kind and character, including attorney's fees and expenses, which may be presented or initiated by any other persons or organizations and which arise directly or indirectly from my participation in the activities covered by this Agreement, whether resulting from the negligence and/or other fault, either active or passive, of any of the Releasees or from any other cause.
6. Applicable Law.
I agree that the law of the State of Iowa shall apply to issues involving the construction, interpretation, and validity of this Agreement and that Iowa law shall govern any dispute between the parties arising from the activities contemplated by this Agreement.
7. Waiver of Jury Trial and Venue.
Should this Agreement be violated and suit be brought against any of the Releasees, each party waives their right to a jury trial, and Dubuque, Dubuque County, Iowa shall be the venue for any such suit.
I agree that this agreement is intended to be as broad and inclusive as is permitted by the laws of the State of Iowa and that should one or more provisions in this Agreement be judicially determined to be unenforceable, the remaining provisions shall continue to be binding and enforceable against each party.
I hereby acknowledge that I have read all of the provisions above and fully understand the terms and conditions expressed therein and agree to be bound by such terms and conditions.
10. Continuation of Obligations.
I agree that the terms and conditions of this Agreement shall continue in full force and effect now and in the future at all times during my visit at UGolf facilities.
I AM FULLY AWARE OF THE RISKS ASSOCIATED WITH GOLD AND INDOOR GOLF, INCLUDING THOSE 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, AND I AGREE TO ACCEPT ANY AND ALL INHERENT RISKS OF PROPERTY DAMAGE, PERSONAL INJURY OR DEATH AND SIGN THIS VOLUNTARILY.