Waiver of liability

Last updated: 12 February 2025

In consideration of the opportunity to use SimWoods Golf facilities, including the building, golf simulators, and related equipment, I agree to the following terms:

1. Waiver and release of liability

1.1 Assumption of risk

I acknowledge that my use of the building, golf simulators, and related equipment is voluntary and may involve physical risks, including but not limited to injury, property damage, or even death. These risks may arise from my own actions or those of others.

1.2 Release of liability

• I release and hold harmless SimWoods Golf, its officers, employees, agents, volunteers, and contractors (collectively, “Releasees”) from any claims, demands, losses, liabilities, or damages arising from my participation, including those caused by the negligence of the Releasees.
• I certify that I am physically fit to participate safely and have not been advised otherwise by a healthcare professional.
• I accept full responsibility for any medical expenses, property damage, or other costs that may arise from my participation.
• I will be personally liable for any damage to SimWoods Golf property caused by my careless, reckless, or intentional actions.
• This Agreement is binding upon my heirs, executors, administrators, and assigns, as well as any other party asserting claims on my behalf.

2. General provisions

2.1 Governing law

This Agreement is governed by the laws of the State of Michigan. Any disputes will be resolved exclusively in the courts located in Macomb County, Michigan.

2.2 Entire agreement

This Agreement constitutes the entire understanding between the parties and supersedes any prior agreements. No modifications or amendments shall be effective unless in writing and signed by both parties.

2.3 Severability

If any provision of this Agreement is deemed invalid, the remaining provisions will remain in full force and effect.

3. Venue safety rules and regulations

3.1 General rules

• No alcohol or controlled substances are permitted on the premises.
• Smoking or vaping is prohibited.
• Guests must wear clean shoes and use clean clubs. Outdoor shoes are not allowed in the simulator areas during winter.
• Food and drinks must remain at the designated tables. No food or drink is allowed inside simulators or near computers.

3.2 Simulator usage

• Only one person is allowed in the hitting area at a time.
• Check your surroundings before swinging to ensure no one or obstacles are within range.
• Shots must be directed toward the hitting screen, and all swinging should take place on the designated mat.

3.3 Group guidelines

• Guests under 18 must be supervised by an adult.
• Respect other guests and their experiences.

3.4 Equipment responsibility

• Guests are responsible for all equipment. Any damage due to misuse will result in financial compensation to SimWoods Golf.
• Failure to follow these rules may result in cancellation of your session without compensation.

3.5 Surveillance and media

• The facility is under video surveillance. Tampering with cameras or damaging equipment will result in financial liability.
• Photography and videos may be recorded and used for promotional purposes without compensation.

4. Parent or guardian waiver (for minors)

If signing on behalf of a minor, I certify that I am the parent, legal guardian, or authorized custodian of the minor. I agree to indemnify and hold harmless SimWoods Golf from any claims arising from the minor's participation.

Acknowledgment

I have read and fully understand this Agreement, including the waiver and release of significant legal rights. I accept these terms freely and voluntarily.

By entering SimWoods Golf, I acknowledge that this document is valid and enforceable as a physical, signed document.

Thank you for your cooperation in ensuring a safe and enjoyable experience.

Questions? Email swgsocial@simwoodsgolf.com or call (586) 315-4653.