SwingBros LLC

SwingBros Mobile Golf Simulator

ASSUMPTION OF RISK, RELEASE AND INDEMNITY AGREEMENT

READ CAREFULLY BEFORE SIGNING

The undersigned assumes all responsibility for, and all risk of damage or injury that may occur to, the undersigned as a participant of SwingBros LLC and SwingBros Mobile Golf Simulator (hereafter, collectively “SwingBros”).  Said assumption shall include any and all activities conducted as a participant of SwingBros, no matter the location.  

I understand and am aware of the risks associated with the activity provided by SwingBros.  I further understand that, despite precautions taken, SwingBros cannot predict the outcome of every golf swing or ball path and serious risks exist for all participants.  I accept these risks as a condition of my participation.  

In consideration of being a participant and allowed to use the equipment provided by SwingBros, the undersigned releases and discharges SwingBros, its owners, its employees, its agents, its independent contractors, and all other personnel involved in the operation of SwingBros (collectively, “Releasee”), from all claims, demands, rights or causes of action, present or future, whether known, anticipated or unanticipated, and resulting from or arising out of, or incident to, the undersigned's participation with SwingBros. 

I agree to indemnify, hold harmless, and defend Releasee from and against any and all claims, costs, expenses, or liability (including attorney's fees), attributable to bodily injury, sickness, disease, or death, or to damage or destruction of property (including loss of use of property) caused by, arising out of, resulting from, or occurring in connection with any activities I may engage in during my participation with SwingBros.

This Assumption of Risk, Release and Indemnity Agreement is in effect from the date of signing and continues in perpetuity for all involvement with SwingBros.  

In the event this document is signed electronically, for example via docusign, it shall have the same full force and effect or an original “wet” signature.  

The terms and provisions of this Release, Assumption of Risk and Indemnity Agreement and any dispute arising in connection with this Agreement shall be governed by and construed in accordance with New York law. The parties agree that the venue for any legal action filed in connection with this Agreement shall be in Monroe County, New York. In connection with any litigation arising out of this Agreement, the prevailing party shall be entitled to recover all costs incurred, including reasonable attorney's fees.

I HAVE READ THIS RELEASE, ASSUMPTION OF RISK AND INDEMNITY AGREEMENT. I FULLY UNDERSTAND ITS TERMS AND UNDERSTAND THAT I HAVE GIVEN UP SUBSTANTIAL RIGHTS BY SIGNING IT.  I SIGNED FREELY AND VOLUNTARILY WITHOUT ANY INDUCEMENT, ASSURANCE OR GUARANTEE BEING MADE TO ME AND INTEND MY SIGNATURE TO BE A COMPLETE AND UNCONDITIONAL RELEASE OF RELEASEE TO THE GREATEST EXTENT ALLOWED BY LAW.