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TEEIN’ IT UP PARTICIPANT WAIVER, RELEASE OF LIABILITY, ASSUMPTION OF RISK, AND FACILITY RULES AGREEMENT
18708 Eureka Road
Southgate, Michigan 48195
IMPORTANT — PLEASE READ BEFORE SIGNING
This agreement affects important legal rights. It applies to indoor golf simulator use at Teein’ It Up, including entering the facility and using its hitting bay, TrackMan system, enclosure, furniture, and related premises.
By signing this agreement, I confirm that I have read, understood, and voluntarily accepted every provision below.
Parties and Covered Activities
In this agreement, “Teein’ It Up” means the business operating the indoor golf facility at 18708 Eureka Road, Southgate, Michigan 48195, together with its owners, members, managers, employees, contractors, agents, landlords, property owners, equipment providers, affiliates, successors, and assigns. These persons and entities are collectively called the “Released Parties.”
Activities covered by this agreement include entering and occupying the facility, swinging golf clubs, hitting golf balls, using the golf simulator and related equipment, observing others, and participating in any other activity connected with a reservation.
Acknowledgment of Risks
I understand that indoor golf and use of an unattended facility involve known and unknown risks. These risks include, but are not limited to:
• Being struck by a golf club, golf ball, equipment, or ricochet
• Slips, trips, and falls
• Strains, sprains, overexertion, or aggravation of a medical condition
• Contact with walls, the enclosure, flooring, furniture, doors, or other persons
• Equipment malfunction or misuse
• Unsafe acts or omissions of other guests
• Damage to personal property
• Delayed assistance or emergency response because the facility may be unstaffed
I understand that serious injury, permanent disability, death, and property damage are possible.
Voluntary Assumption of Risk
I voluntarily choose to participate and knowingly accept all risks described in this agreement, all risks inherent in indoor golf activities, and any other risks reasonably related to my presence or conduct at the facility, whether or not specifically described.
I am responsible for deciding whether I am physically and mentally able to participate safely. I will stop participating immediately if I feel unsafe, become injured, or notice a dangerous condition.
Release and Covenant Not to Sue
TO THE FULLEST EXTENT PERMITTED BY MICHIGAN LAW, I RELEASE AND DISCHARGE THE RELEASED PARTIES FROM CLAIMS, DEMANDS, DAMAGES, LOSSES, OR CAUSES OF ACTION ARISING FROM OR RELATED TO MY PARTICIPATION OR PRESENCE AT THE FACILITY, INCLUDING CLAIMS CAUSED IN WHOLE OR IN PART BY THE ORDINARY NEGLIGENCE OF A RELEASED PARTY.
This release includes claims for personal injury, death, property loss, and economic loss, whether known or unknown. I agree not to sue a Released Party for a claim covered by this agreement.
This release does not apply to gross negligence, reckless or willful misconduct, intentional wrongdoing, or any liability that cannot legally be released.
Responsibility for Guests
Every golfer or other participant must complete this agreement before entering the hitting area or using the equipment.
If I make or control a reservation, I agree to ensure that:
• No more than six total persons enter the facility for the reservation
• Every participant completes the required waiver
• All guests follow the facility rules
• No unauthorized person receives an access code or credential
• No person enters or remains in the facility outside the reserved period
Safety and Facility Rules
I agree to follow all posted instructions and the following rules:
• Only one person may swing a golf club at a time. Everyone else must remain behind the golfer and outside the swing path and ball path.
• I will inspect the hitting area before every swing, use reasonable care, and never swing when another person is within reach.
• I will not engage in horseplay, throw clubs, intentionally strike equipment or walls, climb on the enclosure, or use the facility in an unsafe manner.
• I will not participate while impaired by alcohol, cannabis, illegal drugs, medication, fatigue, or any condition that makes safe play unlikely.
• I will bring and use my own golf clubs. Teein’ It Up does not currently provide clubs. I am responsible for confirming that my equipment is safe and suitable.
• I will not move, disconnect, adjust, or tamper with the TrackMan system, projector, computer, enclosure, cameras, locks, wiring, or other facility equipment unless expressly instructed.
• I will promptly report any injury, damaged equipment, unsafe condition, or access problem using the facility’s posted contact method.
• In an emergency, I will call 911.
• I will supervise children and minors in my care at all times and will not allow them to enter the hitting area while another person is swinging.
Unstaffed Access and Emergencies
I understand that Teein’ It Up may operate without staff on site, including during late-night and early-morning hours.
I am responsible for entering and leaving safely, securing the facility as instructed, and ending my use when my reservation expires.
The Released Parties do not promise immediate on-site assistance, medical care, or monitoring. In an emergency, I will call 911 first.
I authorize reasonable emergency care when I cannot provide consent and accept responsibility for any resulting medical or transportation costs.
Personal Property and Property Damage
I am responsible for my golf clubs, valuables, vehicles, and other personal property.
Teein’ It Up is not a bailee and is not responsible for lost, stolen, or damaged personal property except to the extent required by law.
I agree to pay reasonable repair or replacement costs for facility property damaged by my intentional act, reckless conduct, negligent misuse, unauthorized guest, or material violation of this agreement.
Any charge must be documented and processed as permitted by the applicable booking and payment terms.
Indemnification for My Conduct
To the fullest extent permitted by law, I agree to defend, indemnify, and hold the Released Parties harmless from third-party claims, losses, or reasonable expenses arising from:
• My intentional acts or reckless conduct
• My negligent misuse of the facility
• My violation of this agreement
• My unauthorized sharing of access credentials
• The conduct of a guest for whom I am legally responsible
This section does not require me to indemnify a Released Party for that party’s sole negligence, gross negligence, reckless or willful misconduct, or liability that cannot legally be shifted.
Security and Privacy Acknowledgment
Where video surveillance is posted or in use, I understand that activity and access areas may be recorded for safety, security, access control, loss prevention, and incident investigation.
I have no expectation of privacy in monitored areas. This acknowledgment does not authorize the commercial or advertising use of my name or likeness.
Term of Agreement
This agreement applies to the reservation connected with my signature and to later visits occurring within twelve months after the date I sign it, unless Teein’ It Up requires a new agreement.
A written revocation may apply prospectively but does not affect a visit or claim arising before Teein’ It Up receives the revocation.
Michigan Law and Severability
Michigan law governs this agreement, without regard to conflict-of-law rules.
Any lawsuit relating to this agreement must be brought in a court with jurisdiction in Wayne County, Michigan, unless applicable law requires otherwise.
If any provision is held invalid or unenforceable, it will be narrowed only as necessary. The remaining provisions will continue in effect.
Entire Agreement and Electronic Signatures
This agreement and any incorporated facility rules contain the entire agreement concerning the subjects they cover. The agreement may be changed only in a writing accepted by Teein’ It Up and the participant.
I consent to the use of electronic records and signatures. Selecting an acceptance checkbox, typing my name, or applying an electronic signature with the intent to sign has the same effect as my handwritten signature.
I may retain or request an electronic copy of this agreement.
Participant Acknowledgment
I CONFIRM THAT I HAVE READ THIS ENTIRE AGREEMENT, UNDERSTAND IT, HAVE HAD THE OPPORTUNITY TO ASK QUESTIONS, AND ACCEPT IT VOLUNTARILY.
I UNDERSTAND THAT I AM ASSUMING RISKS AND RELEASING CLAIMS, INCLUDING CERTAIN CLAIMS BASED ON ORDINARY NEGLIGENCE.
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