ACKNOWLEDGEMENT and ASSUMPTION OF RISK, and RELEASE and WAIVER of LIABILITY made between Trainwreck and Participant.
This Agreement covers participation in Virtual Golf, Putting Green, and Volleyball, physical activities, and sport, offered by TRAINWRECK. Consideration for this agreement is Trainwreck’s allowing Participant to utilize its facilities.
Virtual Golf, Putting Green, and Volleyball: These activities require moderate to heavy physical exertion and can be physically and emotionally demanding. Participants may not participate in this activity if he or she has any medical (mental or physical) condition that might create risks to themselves or other participants and staff.
Although the safety and health of our guests and team members is our primary concern, the risk of injury including, but not limited to, all manner of injuries resulting from running and physical exertion, such as cuts, abrasions, torn ligaments, pulled muscles, heart attacks, death, does exist in this and any facility. Participant must acknowledge and assume the above risks by signing this document at the time of check-in for your activity.
I understand the description of risks above is not complete and that the activities may be dangerous and include other risks. I voluntarily assume all risks of injury and/or death.
In consideration of entry to the facility, the undersigned agrees and understands the hazards associated with participation in activities at the facility. It is fully understood that entry to the premises involves risks such as those enumerated above, or the alleged negligence of the property owner or manager; and that there may be other risks either not known or not readily foreseeable at this time; and Participant fully accepts and assumes all such risks and all responsibility of losses, cost, and damages incurred as a result of entry to the premises. Participant understands that such inherent risks are exacerbated when associating with a group of people, and Participant voluntarily agrees to assume such risks in my participation in group activities.
By signing this Agreement, I, on behalf of myself and the minor, hereby agree to have any dispute(s) between myself and Released Parties regarding activities conducted at TRAINWRECK submitted to binding arbitration before an arbitrator of the American Arbitration Association, to be conducted in Colorado Springs, Colorado, pursuant to the AAA Consumer Arbitration Rules (see www.adr.org). The party initiating the arbitration (either me or the Released Parties) is responsible for paying the filing fee unless otherwise required pursuant to the AAA Consumer Arbitration Rules. The arbitrator will have the exclusive authority to resolve any dispute relating to the interpretation, applicability, or enforceability of these terms. I, on behalf of myself and the minor, hereby waive any right to litigation or trial before a court or jury.
In furtherance of my waiver of any right to litigation or trial before a court or jury, I, the undersigned, an adult participant, or parent of a minor participant (for myself and on behalf of the minor), hereby release, discharge, and covenant not to sue the property owner and TRAINWRECK, and all of their affiliated organizations and companies, each of their respective insurance carriers, agents, employees, volunteers, representatives, assignees, members, managers, officers, directors, shareholders, and any land-owners (collectively referred to as “Owners”) from all liability, claims, demands, losses, or damages, on any account caused or alleged to be caused in whole or in part by any alleged negligence of the Owners or caused in any manner arising in any way from any activity on the premises of TRAINWRECK. I further agree that if despite the terms of this document, I make a claim for my damages against the Owners I will indemnify, save, and hold harmless the Owners for any loss, liability, damage, or cost, which any may incur as the result of such claim.
This document is intended to be binding, to the fullest extent of the law, on all persons signing below, and their respective successors, heirs, executors, administrators, and family members. If any part of this document is deemed by an arbitrator or court of competent jurisdiction to be unenforceable the remainder shall nevertheless be in full force and effect. The terms of this agreement cannot be altered except by a written document signed by the parties.
In the event of loss, damage, or destruction of any property of Trainwreck or the property owner due to negligence, misconduct, wrongful act, or omission on the part of the undersigned, or the participant minor (if applicable), the undersigned shall pay the full cost of either repair, reconstruction, or replacement of the property, at Trainwreck’s sole discretion. Such cost associated with the repair, reconstruction, or replacement of property shall be determined by Trainwreck and shall be due and payable by the undersigned Ninety (90) days after the date of the undersigned’s receipt from Trainwreck of a written notice of the amount due.
The undersigned by executing below understands that they may be giving up substantial rights and has signed it freely and without inducement or assurance of any nature and intends it to be a complete and unconditional release of all liability to the greatest extent allowed by law and agrees that if any portion of this agreement is held to be invalid the balance, notwithstanding, shall continue in full force and effect and hereby certifies and represents that they have read the foregoing and fully understand and agree to the meaning and effect thereof.
Participant understands that their use of these facilities will be undertaken at Participant’s sole risk. Participant agrees that participant is voluntarily participating in activities and using the venues and premises (including the parking lot) and Participant assumes all risk of injury, illness, damage, or loss to Participant or your property that might result, including, without limitation, any loss or theft of any personal property.
Participant agrees that Trainwreck, its affiliates, subsidiaries, officers, directors, employees, and agents (“Trainwreck Parties”) will not be liable for any claims, demands, injuries, damages, actions, or causes of action whatsoever in respect of Participant or your property (including lost or damaged personal possessions) (collectively, “Claims”), arising out of or connected with the use of any of the services and/or venues of Trainwreck. Participant expressly releases and discharges the Trainwreck Parties from all such Claims except to the extent any Claims result directly from any negligence on the part of one or more of the Trainwreck Parties.
SAFETY: By playing at any Trainwreck venue, the Participant agrees to abide by the following safety rules, as well as other safety rules posted at the venue and/or online:
· Obey all verbal and posted rules and instructions. Use common sense to protect yourself and others.
· Guests must hit from the mat. No running starts or other movements that would move your feet from the mat during your swing are allowed.
· Only the player taking a turn is allowed near or on the mat. All other guests must stand behind the red line at all times until their turn to hit. Members and guests are responsible for the safety of others around them and should always check their surroundings before swinging a club.
· Aim for the targets at all times. Hitting golf balls over the boundary netting is prohibited, and guests are responsible for damages or injuries caused by any balls hit outside of the premises.
Throwing golf balls is prohibited.
Only dispense and hit one golf ball at a time.
· Guests under 16 must be supervised by a Guest 21+ at all times. After 9 pm, anyone under 18 must be supervised by a Guest 21+.
· All Members and guests must stay behind the red line at all times. Please take extra care when playing from upstairs bays.
All guests are subject to compliance with any rules and regulations of Trainwreck that may be posted from time to time at the venue and/or online. All amendments to these rules and regulations shall be effective immediately.
The Participant will immediately report any accident or injury suffered in Trainwreck’s venues to a staff person, and the Participant will provide a written report from their doctor within a reasonable time, if requested by Trainwreck.