Waiver and Release of Liability Agreement
Pure Strike Studio LLC
IMPORTANT NOTICE: THIS IS A LEGALLY BINDING AGREEMENT. BY SIGNING THIS DOCUMENT, YOU ARE WAIVING SUBSTANTIAL LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE PURE STRIKE STUDIO LLC FOR INJURIES OR DAMAGES ARISING FROM YOUR USE OF THE FACILITY. READ CAREFULLY BEFORE SIGNING.
In consideration for being permitted to enter and use the premises, simulator bays, equipment, and related facilities of Pure Strike Studio LLC (the “Premises”), the undersigned, on behalf of himself or herself and any minors, guests, invitees, or other persons for whom the undersigned is legally responsible (collectively, the “Releasing Parties”), hereby agrees as follows:
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1. Acknowledgment of Inherent Risks
The undersigned acknowledges and understands that indoor golf simulation and related activities conducted on the Premises involve inherent, obvious, and significant risks of bodily injury. Such risks include, without limitation, being struck by golf balls traveling at high speeds, golf clubs swung with force, ricocheting balls or equipment, slips, falls, collisions, and other hazards associated with the use of golf simulation equipment.
The undersigned further acknowledges that such risks may result in serious injury, permanent disability, or death, and that these risks exist regardless of any precautions taken by Pure Strike Studio LLC.
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2. No Supervision or Instruction
The undersigned acknowledges that Pure Strike Studio LLC does not provide supervision, monitoring, instruction, or assistance in the use of the Premises or equipment unless expressly arranged as a separate paid service. The undersigned accepts full responsibility for his or her own conduct and for the supervision and safety of any Releasing Parties present on the Premises.
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3. Assumption of Risk
The undersigned knowingly, voluntarily, and expressly assumes all known and unknown risks associated with entry onto the Premises and participation in any activities conducted therein.
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4. Release and Waiver of Liability
On behalf of the Releasing Parties, the undersigned hereby releases, waives, discharges, and covenants not to sue Pure Strike Studio LLC, together with its owners, members, managers, officers, directors, employees, agents, contractors, affiliates, insurers, and premises operators (collectively, the “Released Parties”), from any and all claims, demands, actions, causes of action, liabilities, damages, losses, or expenses of any kind arising out of or relating to the presence of the Releasing Parties on the Premises or participation in activities at the Facility.
This release specifically includes, to the fullest extent permitted by Oklahoma law, claims arising from the negligence, gross negligence, or other acts or omissions of the Released Parties.
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5. Indemnification
The undersigned agrees to defend, indemnify, and hold harmless the Released Parties from and against any and all claims, demands, liabilities, damages, costs, and expenses, including attorney’s fees, arising out of or related to the acts, omissions, or conduct of the Releasing Parties while on the Premises.
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6. Third-Party Conduct
The undersigned acknowledges that injuries or damages may be caused by the acts or omissions of other customers or third parties. The undersigned agrees to release and indemnify the Released Parties from any claims arising from such conduct.
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7. Medical Responsibility and Insurance
The undersigned accepts full financial responsibility for any injury, loss, or damage sustained and represents that he or she maintains adequate insurance coverage or financial resources to satisfy any such obligations. The undersigned further assumes the risk of aggravation of any pre-existing medical condition.
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8. Authority Over Minors
The undersigned represents and warrants that he or she has full legal authority to execute this Agreement on behalf of any minors or wards accompanying them and agrees to indemnify the Released Parties against any claim contesting such authority.
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9. Media Release
The undersigned grants Pure Strike Studio LLC permission to photograph, record, or otherwise capture the likeness of the undersigned and any accompanying minors for promotional, advertising, or commercial purposes without compensation.
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10. Governing Law and Venue
This Agreement shall be governed by and construed in accordance with the laws of the State of Oklahoma. Any dispute arising under this Agreement shall be brought exclusively in the courts of Oklahoma. The undersigned agrees to reimburse the Released Parties for attorney’s fees incurred in enforcing this Agreement.
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11. Severability and Entire Agreement
If any provision of this Agreement is held unenforceable, the remaining provisions shall remain in full force and effect. This Agreement constitutes the entire understanding between the parties and may not be modified except in writing.
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12. Jury Trial Waiver
To the fullest extent permitted by law, the undersigned hereby waives any right to a trial by jury in any action arising out of or relating to this Agreement or the use of the Premises.
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13. Compliance with Safety Rules
The undersigned agrees to comply with all posted safety rules, procedures, and guidelines, including those contained in any golfer’s handbook or posted signage.
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Acknowledgment and Voluntary Execution
The undersigned acknowledges that he or she has read this Agreement in its entirety, understands its terms, and signs it freely and voluntarily, intending to be legally bound.
