Welcome! Before participating in Golf Collective’s services, we need you to thoroughly read, understand, and agree to this Waiver and Release of Liability (the “Waiver”). The purpose of this Waiver is to clearly communicate some risks of participating with us, and to have you release Golf Collective of any liability if you get injured or if any of your things are lost, stolen or broken, or if anything else goes wrong while you are enjoying our facility. Please be aware that if you do not sign this Waiver and agree to its terms, you will not be permitted to use our golf simulators or facilities.

If you are a minor in the State of Florida (under 18 years old) or in your place of residence, your legal guardian must also sign this Waiver on your behalf.

PLEASE READ CAREFULLY TO MAKE SURE YOU UNDERSTAND THIS WAIVER. PLEASE ASK QUESTIONS IF ANYTHING IS UNCLEAR. WE ARE HERE TO SUPPORT YOU. BY SIGNING THIS YOU AGREE YOU ARE SIGNING AWAY YOUR LEGAL RIGHTS TO SUE, AND YOU AGREE TO BE BOUND BY ALL THE TERMS OF THIS WAIVER.

1. Parties. We are Golf Collective, LLC, a Limited Liability Company based in the State of Florida. In this Waiver, we will refer to ourselves as “Golf Collective,” “us,” “we,”  and “our.” We’ll refer to you, the undersigned (electronically or by hand), or the person who has clicked “I Agree” (or something similar) to this Waiver, as “you” or “your.”

2. The Activities. As part of your services with Golf Collective, you may participate, in person or online, in engaging and innovative golf simulator activities, events, workshops and more, all of which may involve but are not limited to the following (“Activities”)

2.1 Anything and everything related to golf, playing golf on a screen simulator and utilizing golf movements. This includes but is not limited to: dynamic lateral movements, flexibility training, body weight movement, locomotor movements, mobility, range of motion movement, and breathing.

2.2 The Activities involve playing golf indoors with a screen simulator. This means that you will be swinging golf clubs and hitting golf clubs indoors either by yourself or around other people.

2.3 All Activities are entirely unsupervised, which means that you need to be especially careful to mind your own personal space and always be aware and careful of what is going on around you.

3. Equipment. In the course of the Activities, you may use a variety of equipment, which could include but is not limited to: golf clubs, golf balls and simulator screens to play your round on (the “Equipment”). Please do not use any equipment not instructed by Golf Collective.

4. Inherent Risks. You understand that participation in the Activities may pose inherent risks, some more serious than others. These risks can result in serious harm and injuries that could change your quality of life, your ability to earn an income and, in very rare and extreme circumstances, could even result in death.

4.1 Risks of physical injury may include but are not limited to things like muscle tears, strains, and other musculoskeletal injuries, sprains, fractures, broken bones, cardiovascular complications, high blood pressure, dehydration, dizziness, fainting, concussion, concussion like syndromes, PTSD.

4.2 There is a real and serious risk of getting hit with a golf ball or a golf club, whether it be from your swing and your group or another group around you.

4.3 There are increased risks posed by participating in the Activities, as there is no in-person supervision or space provided for you. You will therefore need to ensure the safety of the Activities, using your judgment on how to best practice them, not acting inappropriately or attempting anything you feel unsure of doing.

4.4 We would like to emphasize that your release of our liability is not limited in any way to these risks. The risks listed above are only examples. To be completely clear, you are agreeing not to sue us at all.

5. Affirmation of Health. By participating in any Activities with Golf Collective, you affirm that you have sought medical advice regarding your fitness or are certain of your ability to engage in the Activities. If you have any pre-existing medical conditions (e.g. asthma, diabetes, heart disease), physical injuries, weakness, are pregnant, post-natal or post-surgery, you should consult with your doctor first before engaging in the Activities. Please communicate and inform us IMMEDIATELY if at any point you do not feel well during the Activities.

6. Voluntary Assumption of Risk. You certify that you have read this Waiver and understand the risks of participating in the Activities with Golf Collective. By signing this Waiver or clicking “I Agree” (or something similar), you are showing your voluntary engagement and assumption of the risks of the Activities.

7. Lost or Stolen Personal Items. You agree that it is solely your responsibility to safeguard your personal items, and Golf Collective is in no way responsible for any of your personal property that is damaged, lost, or stolen before, during, or after your participation in the Activities.

8. Release, Waiver and Indemnity. You hereby release, hold harmless, indemnify and waive any claims against Golf Collective, LLC and its members, owners, directors, officers, contractors, employees, affiliates, volunteers, associates, landlords, agents, executors, administrators, successors, family members and assigns (the “Released Parties”) with respect to any and all liability and damages incurred during, or in any way associated with, your participation in the Activities with Golf Collective, however caused, including as a result of the Released Parties’ negligence, including but not limited to damage to or loss of personal property, personal injuries, death, illness, or any cause of action related to premises liability. You are releasing the Released Parties at your own risk and you agree to forfeit any and all forms of legal recourse which may be available to you, including but not limited to any form of damages, as a result of your participation in the Activities. You agree that this provision applies to you, your family, heirs, executors or anyone else who may be able to bring a legal action on your behalf in the future.

9. Continued Agreement. Agreement to this Waiver will act as your continued agreement to all ensuing Activities and any further interactions with Golf Collective, whether in person, online, or via video conferencing tool.

10. General Legal Provisions. Choice of Laws and Venue. This Waiver will be governed exclusively by the laws of the State of Florida. The parties agree to irrevocably submit all claims to the exclusive jurisdiction of the courts of the State of Florida. Severability. If any terms or provisions of this Waiver are invalid or unenforceable, the other provisions in the Waiver will remain in full force and effect. Entire Agreement. This Waiver constitutes the entire agreement between the parties and replaces any prior agreements. Online Agreement. The parties agree that this Waiver may be signed electronically or agreed to by having you click “I Agree” (or something similar), the effect of which will be the same as signing by hand.