Waiver of Liability
N. F. Dowl Company LLC dba The Tee Club (Hereinafter referred to as "the Company") I, the undersigned participant, or the legal guardian of the participant if the participant is a minor, hereby acknowledge and agree to the following terms and conditions for the use of “The Tee Club” establishment provided by N. F. Dowl Company LLC.
1. Assumption of Risk:
I understand and acknowledge that the use of the golf simulator involves inherent risks, including but not limited to the risk of injury or property damage. I voluntarily accept these risks and agree to use the golf simulator at my own risk.
2. Release and Waiver of Liability:
I hereby release, waive, discharge, and covenant not to sue N. F. Dowl Company LLC, its owners, officers, employees, agents, and affiliates (collectively referred to as "the Released Parties") from any and all liability, claims, demands, actions, or causes of action whatsoever arising out of or related to any loss, damage, injury, or death that may be sustained by me or any property belonging to me while using the golf simulator, regardless of whether such loss, damage, injury, or death is caused by the negligence of the Released Parties or otherwise.
3. Indemnification:
I agree to indemnify and hold harmless the Released Parties from any and all liabilities or claims made by other individuals or entities as a result of my actions or use of the golf simulator at any location owned by the Released Parties.
4. Medical Treatment:
In the event of an injury or medical emergency during my use of the golf simulator, I consent to receive medical treatment, including but not limited to, first aid, CPR, or other emergency medical procedures deemed necessary by medical professionals. I understand that any medical expenses incurred will be my responsibility.
5. Governing Law:
This Waiver of Liability shall be governed by and construed in accordance with the laws of the state of Texas without regard to its conflicts of law principles.
6. Severability:
If any provision of this Waiver of Liability is held to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.
7. Alcohol Consumption:
I understand and agree that The Tee Club is not liable if I consume any alcohol before, during, or after my stay. Any consumption of alcohol before, during, or after my stay voids any opportunity for a refund.
8. Access Code – Non-Transferable Use: I understand that I will be issued a unique personal access code to enter The Tee Club facility. I acknowledge that this access code is strictly personal and non-transferable and may not be shared with, loaned to, or used by any other individual. Unauthorized use of my access code by another person may result in immediate termination of my membership without refund. I accept full responsibility for any and all activity that occurs under my access code.
I HAVE READ THIS WAIVER OF LIABILITY, FULLY UNDERSTAND ITS TERMS, AND VOLUNTARILY AGREE TO ITS TERMS. I ACKNOWLEDGE THAT I AM SIGNING THIS DOCUMENT FREELY AND WITHOUT INDUCEMENT OR ASSURANCE OF ANY NATURE AND INTEND IT TO BE A COMPLETE AND UNCONDITIONAL RELEASE OF ALL LIABILITY
TO THE GREATEST EXTENT ALLOWED BY LAW. I FURTHER CONFIRM THAT I AM 18 YEARS OF AGE OR OLDER, OR THAT I AM THE LEGAL GUARDIAN OF THE PARTICIPANT NAMED ABOVE AND HAVE THE AUTHORITY TO SIGN ON THEIR BEHALF.
