In consideration of the opportunity to use the Gimmies, L.L.C. (Company) facility, golf simulators and related equipment and components, I hereby agree to the following terms for the Waiver and Release of Liability (Agreement):

  1. My participation and use of the facility, golf simulator and related equipment is voluntary and I understand that use of the above-stated may subject me to the possibility of physical injury and loss of or damage to my property (collectively, Risks);
  2. I release and hold harmless Company, its officers, employees, agents, volunteers and contractors (collectively, Releases) from any claim, demand, loss, liability, damages, attorney fees, and costs arising from, related to, or resulting from these Risks, including those caused by the negligent acts or omissions of any or all of the Releases;
  3. I recognize the physical ability involved in the use of the facility, golf simulators, and related equipment, and attest and certify that I am physically fit to participate safely, and I have not been advised otherwise by a health care professional;
  4. I will be solely responsible for any and all medical and related bills that I may incur as a result of any injury sustained while using the Company facility, golf simulators, and related equipment;
  5. I will be personally liable for any and all damage to the facility, golf simulators and related equipment caused by my careless, reckless or intentional actions;
  6. I knowingly and freely assume all such risks, both known and unknown, even if arising from the negligence of those persons released from liability below, and assume full responsibility for my participation;
  7. I acknowledge that if I present risk of harm or injury to facility, golf simulators, related equipment, components, or other patrons, I will not be allowed on Company premises.

I have read and understand this Agreement as it pertains to my waiver and release of rights and indemnification.

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