This is an important legal agreement. Please allow yourself sufficient time to carefully read and understand the entire agreement because by accepting the box at checkout you give up certain legal rights.

 

ASSUMPTION OF RISK, RELEASE OF LIABILITY, AND INDEMNITY AGREEMENT

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In consideration of NICE BIRDIE LLC "Nice Birdie" and "NB Golf Academy" allowing me to enter and use its facilities I agree to the following:

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1. Assumption of Risk. I know and understand the scope, nature, and extent of the risks involved in participating in indoor golf and that these risks include, but are not limited to: equipment malfunction; defective and/or negligent design and/or manufacture of equipment; carelessness and/or negligent instruction and/or supervision; negligent rescue operations; and being hit by a golf club, golf ball, or golf tee. I agree that Nice Birdie is not responsible for these and other unexpected occurrences and that I will play at my own risk and voluntarily, freely, and expressly choose to incur all risks associated with using Nice Birdie's facilities, understanding that those risks may include personal injury, damage to property, and/or death.

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2. Rules & Security Cameras. I agree to follow the courtesy and safety rules posted on Nice Birdie's website, which are intended to protect me, my guests/invitees, and other patrons. I acknowledge that the facilities are under video surveillance and that my activities therein may be recorded. I agree that my membership and access to the facilities are contingent upon following the rules and may be terminated at any time for a violation thereof without financial compensation.

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3. Damages. I agree that I am responsible for any damages to the facilities caused by myself, my minor children, and my guests/invitees, including but not limited to cameras, computers, speakers, projector, lighting, training equipment, the UDR Simulator, furnishings, and the physical facilities themselves.

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4. Exemption and Release From Liability. I exempt and release the following persons, corporations, and organizations: Nice Birdie and each of its directors, officers, agents, employees, representatives, and consultants (collectively the "Releasees"), from any and all liability, claims, demands or actions or causes of action whatsoever arising out of any damage, loss or injury to me or my property, or my death, while upon the premises, WHETHER RESULTING FROM THE NEGLIGENCE AND/OR OTHER FAULT, EITHER ACTIVE OR PASSIVE, of any of the Releasees, or from any other cause.

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5. Covenant Not to Sue. I agree never to institute any suit or action at law or otherwise against any of the Releasees, or to initiate or assist in the prosecution of any claim for damages or cause of action which I may have by reason of injury to my person or property, or my death, arising from the activities covered by this Agreement, WHETHER RESULTING FROM THE NEGLIGENCE AND/OR OTHER FAULT, EITHER ACTIVE OR PASSIVE, of any of the Releasees, or from any other cause. I further agree that my heirs, executors, administrators, personal representatives, and/or anyone else claiming on my behalf, shall not institute any suit or action at law or otherwise against any of the Releasees, nor shall they initiate or assist the prosecution of any claim for damages or cause of action which I, my heirs, executors, administrators, personal representatives, and/or anyone else claiming on my behalf may have by reason of injury to my person or property, or my death, arising from activities covered by this Agreement, WHETHER RESULTING FROM THE NEGLIGENCE AND/OR OTHER FAULT, EITHER ACTIVE OR PASSIVE, of any of Releasees, or from any other cause. I hereby so instruct my heirs, executors, administrators, personal representatives and/or anyone else claiming on my behalf. Should any such suit or action at law or otherwise be instituted against any of the Releasees, I agree that such Releasees shall be entitled to recover attorneys' fees and costs incurred in defense of such suit or action, including any appeals therefrom.

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6. Indemnity Against Third Party Claims. I agree to indemnify, save and hold harmless the Releasees from any and all losses, claims, actions, or proceedings of every kind and character, including attorney's fees and expenses, which may be presented or initiated by my guests and invitees, including minor children, and any other persons or organizations and which arise directly or indirectly from my participation in the activities covered by this Agreement, WHETHER RESULTING FROM THE NEGLIGENCE AND/OR OTHER FAULT, EITHER ACTIVE OR PASSIVE, of any of the Releasees or from any other cause.

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7. Complete Defense. I agree that this agreement may be pleaded as a complete defense to any action or proceeding that may be brought or instituted by me, my minor children, and/or my guests/invitees or by our respective heirs or legal representatives.

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8. Representations and Warranties. I represent and warrant that I am physically fit, have sufficiently prepared or trained for participation in this activity, and have not been advised to not participate by a qualified medical professional. I certify that there are no health-related reasons or problems that preclude my participation in any and all activities at the premises.

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9. Applicable Law. I agree that the law of the State of Texas shall apply to issues involving the construction, interpretation, and validity of this Agreement and that Texas law shall govern any dispute between the parties arising from the activities contemplated by this Agreement.

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10. Waiver of Jury Trial and Venue. Should this agreement be violated and suit be brought against any of the Releasees, each party waives their right to a jury trial, and Katy, Texas shall be the venue for any such suit.

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11. No Duress. I agree and acknowledge that I am under no pressure or duress to sign this Agreement and that I have been given a reasonable opportunity to review it before signing. I further agree and acknowledge that I am free to have my own legal counsel review this Agreement if I so desire. I further agree and acknowledge that Nice Birdie, LLC has offered to refund any fees I have paid to use its facilities if I choose not to sign this Agreement.

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12. Interpretation & Severability. I agree that this agreement is intended to be as broad and inclusive as is permitted by the laws of the State of Texas and that should one or more provisions in this Agreement be judicially determined to be unenforceable, the remaining provisions shall continue to be binding and enforceable against each party.

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13. Acknowledgement. I hereby acknowledge that I have read all of the provisions above and fully understand the terms and conditions expressed herein and agree to be bound by such terms and conditions.

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14. Continuation of Obligations. I agree that the terms and conditions of this agreement shall continue in full force and effect now and in the future, at all times that I use the facilities.

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15. Minors. Parent or guardian liability waiver on behalf of minor(s). I represent that I am duly qualified as the parent or the guardian of any minors I bring to the facility. I acknowledge and agree that by signing below, I am providing an electronic signature on behalf of my minor(s) in agreement to Nice Birdie's terms and conditions. I give Nice Birdie and NB Golf Academy permission to take photos/videos of myself or my child during camp to be used for promotional purposes.

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I AM FULLY AWARE OF THE RISKS ASSOCIATED WITH GOLF AND INDOOR GOLF, PARTICULARLY AS THEY EXIST IN THE CONFINES OF AN ENCLOSED INDOOR AREA, AS BOTH A SPECTATOR AND A PARTICIPANT, INCLUDING THE POSSIBLE RECKLESS CONDUCT OF OTHER PARTICIPANTS AND SPECTATORS. I AGREE TO ACCEPT ANY AND ALL RISKS ASSOCIATED THEREWITH. BY MY PRESENCE AS A PARTICIPANT OR SPECTATOR AT THE PREMISES, AND/OR BY MY SIGNATURE BELOW, I AGREE AND CONSENT TO ALL OF THE TERMS OF THIS ASSUMPTION OF RISK, RELEASE OF LIABILITY, AND INDEMNITY AGREEMENT, AND DO SO OF MY OWN FREE WILL.