Liability Waiver & Assumption of Risk

Indoor Birdies LLC
Last Updated: 1/1/2025

This Liability Waiver and Assumption of Risk (“Waiver”) is entered into by the undersigned individual (“Participant,” “Member,” “I,” or “me”) in favor of Indoor Birdies LLC, its owners, officers, employees, agents, and affiliates (“Indoor Birdies”).

By creating an account, checking the acceptance box, booking a session, entering the facility, or participating in any activities at Indoor Birdies, I acknowledge and agree to the following:

1. Assumption of Risk

I understand that participation in indoor golf activities involves inherent risks, including but not limited to:

Swinging golf clubs
Struck or rebounding golf balls
Simulator equipment and technology
Practice areas and hitting bays
Slips, trips, or falls
Equipment malfunction or misuse
Actions of other participants or guests

I knowingly and voluntarily assume all risks, whether known or unknown, foreseeable or unforeseeable, arising from my participation and presence at the facility.

2. Release of Liability

To the fullest extent permitted by Florida law, I hereby release, waive, discharge, and hold harmless Indoor Birdies LLC from any and all claims, demands, actions, or causes of action for injury, illness, death, property damage, or loss arising out of or related to:

Participation in any activities at the facility
Use of equipment or simulators
Presence on the premises
Acts or omissions of other participants or guests

This release applies even if such claims arise from the ordinary negligence of Indoor Birdies LLC.

3. Indemnification

I agree to indemnify and defend Indoor Birdies LLC against any claims, damages, liabilities, costs, or expenses (including reasonable attorneys’ fees) arising from:

My actions or omissions
The actions of my guests or accompanying minors
Violation of facility rules or policies

4. Guests and Minors

I acknowledge and agree that:

I am fully responsible for all guests I bring to the facility
Minors may attend only when accompanied by an adult member
I am signing this Waiver individually and on behalf of any accompanying minor(s) for whom I am the parent or legal guardian
This Waiver binds me and any minor participant to the fullest extent permitted by law

5. Alcohol Consumption (BYOB)

I understand that Indoor Birdies LLC does not sell or serve alcohol, but alcohol may be brought onto the premises by members or guests where permitted.

I acknowledge that:

Alcohol consumption is voluntary
I assume full responsibility for my conduct and safety while consuming alcohol
Indoor Birdies LLC is not responsible for injuries, damages, or incidents related to alcohol consumption
Intoxicated individuals may be denied service or removed for safety reasons

6. Medical Condition & Fitness

I certify that:

I am physically and medically able to participate in indoor golf activities
I have no condition that would prevent safe participation
I assume full responsibility for any medical conditions or injuries that may occur

7. Emergency Medical Treatment

In the event of an emergency, I authorize Indoor Birdies LLC to obtain emergency medical treatment on my behalf or on behalf of any accompanying minor, if deemed reasonably necessary. I understand that I am responsible for any related medical costs.

8. Damage to Property

I agree to be financially responsible for:

Any damage to equipment or property caused by me
Any damage caused by my guests or accompanying minors
Repair or replacement costs resulting from misuse or negligence

9. Photography & Video Release

I grant Indoor Birdies LLC permission to photograph or record me and my guests while on the premises and to use such images or recordings for marketing, promotional, or informational purposes, without compensation.

10. Electronic Acceptance & Binding Agreement

I understand and agree that:

This Waiver is accepted electronically by checking a box or clicking “I Agree”
Electronic acceptance constitutes a legally binding agreement
No handwritten signature is required
This Waiver is enforceable to the same extent as a signed paper agreement

11. Governing Law

This Waiver shall be governed by and interpreted under the laws of the State of Florida, without regard to conflict-of-law principles.

12. Severability

If any portion of this Waiver is found unenforceable, the remaining provisions shall continue in full force and effect.

13. Acknowledgment

By accepting this Waiver, I confirm that:

I have read and understand this document
I understand that I am giving up legal rights
I am voluntarily agreeing to its terms

Implementation Tips (Important)

To maximize enforceability:

Require checkbox acceptance before account creation is completed
Store timestamp, IP address, and user ID
Do not allow booking without waiver acceptance
Keep the waiver text accessible for later review