RELEASE OF LIABILITY
RELEASE AND WAIVER OF LIABILITY AND ASSUMPTION OF RISK
While there are many benefits to having access to and use of the premises, facilities, equipment and amenities of Par 18 Golf, including, without limitation, participating in or observing classes, training, activities, streaming and on‐demand classes, use of wellness modalities including compression, massage chairs, hydrobeds, cold or heat therapy, and other multi‐sensory experiences, and off‐site events and activities provided, organized or sponsored by Par 18 Golf, it is important that you understand and acknowledge that your or your minor child’s (as used herein, "your minor child" includes, in addition to your own child or children, any persons for whom you serve as legal guardian) Par 18 Golf, Activities and Use includes inherent risks of injury to you and your minor child, whether caused by the actions or negligence of you, your minor child, someone else. Specific risks vary from one activity to another and include, but are not limited to, injuries arising from use of exercise equipment and machines; injuries arising from participation in supervised or unsupervised classes, activities or programs; injuries and medical disorders arising from exercising such as heart attacks, strokes, heat stress, sprains, broken bones, and torn muscles and ligaments, among others; injuries occurring use of equipment, or while observing others participating in activities; injuries occurring in dressing rooms and other facilities; and injuries caused by other members or guests. In some cases, the injuries may be so severe that they result in permanent disability, head injury, paralysis, and even death. Risks also include exposure to or infection by diseases, bacteria, viruses, and coronaviruses including, without limitation, COVID‐19. Injuries can occur at a Par 18 Golf premises or facility or at an off‐site event or activity sponsored or organized by Par 18 Golf.
In consideration of your or your minor child's Par 18 Golf Access, Activities and Use, you, for yourself and your minor child, agree, to the greatest extent permitted by law, to waive any and all claims against and to hold harmless, release, indemnify, and agree not to sue Par 18 Golf, and any of its officers, directors, employees, agents, contractors, affiliates, successors and assigns (each a "Released Party") for any injury, including without limitation, personal, bodily, or mental or emotional injury, death, economic loss, property damage, or any other injury or damage sustained by you or your minor child, arising in whole or in part out of your or your minor child's Par 18 Golf Access, Activities and Use, including, but not limited to, those claims based on any Released Party's alleged or actual negligence or breach of any contract and/or express or implied warranty or breach of any statutory or other duty of care. You acknowledge and agree that negligence includes failure on the part of any Released Party to take reasonable steps to safeguard or protect you or your minor child from the risks, dangers and hazards associated with Par 18 Golf Access, Activities and Use.
In further consideration of your or your minor child's Par 18 Golf Access, Activities and Use, you further agree to indemnify, defend and hold any Released Party harmless from any loss, liability, or damage a Released Party may incur, in connection with claims for personal injury, bodily injury, wrongful death or property damage (i) caused by your or Your minor child's negligence or other wrongful acts or omissions, or (ii) brought by you or your minor child, even if Par 18 Golf was negligent. You further agree that Par 18 Golf will not be responsible or liable for any loss, theft, or damage to any of your or your minor child's property in or about the premises of Par 18 Golf including, but not limited to, any personal property left in a locker or automobile. You agree that the foregoing Release and Waiver of Liability and Assumption of Risk is intended to be as broad and inclusive as is permitted by the laws of California and that if any portion hereof is held invalid the balance shall continue in full force and effect.
SAFETY & RESPONSIBILITY. Clients and all guests of the Event must adhere to Par 18 Golf's safety rules listed below. Par 18 Golf reserves the right to remove from the venue any Event guest who violates the safety rules. If injury should result because safety rules are not followed or are ignored, Par 18 Golf will not be liable.
Everyone’s safety is very important.
By participating in the Event at Par 18 Golf, all Event guests agree to abide by the following safety rules in addition to all verbal and posted instructions.
Par 18 Golf Safety Rules:
1. All players must hit from the mat at all times. No running starts or horseplay.
2. Only the person hitting a ball should stand in the hitting area. All other players should stand behind the hitting area off the turf. Players are responsible for the safety of others around them and should always check their surroundings before swinging a club.
3. Aim for the screen at all times. Aiming anywhere besides the screen is prohibited, and players are responsible for any damages or injuries they cause.
4. Guests must stay off the turf and away from the hitting area at all times. Please take extra care when playing in Par 18 Golf bays.
5. Anyone under 16 must be supervised by a Guest who is 21 or older at all times. Anyone under 18 must be supervised by a Guest who is 21 or older after 9PM. If injury should result due to lack of supervision, Par 18 Golf shall not be held liable.
6. Throwing golf balls is prohibited outside the bay and in any common areas. Only hit one golf ball at a time.
7. Par 18 Golf is not responsible for lost or stolen items.
8. Using anything other than the Par 18 Golf provided tees for hitting balls is prohibited.
9. No trick shots of any kind, no stacking balls and hitting, no lining up multiple balls and hitting
10. No chipping allowed on or around the indoor putting green practice area.
11. Absolutely no smoking or vaping in Par 18 Golf, No Canabis smoking or vaping inside Par 18 Golf even with prescription.
PERSONAL PROPERTY. Client assumes all risk and responsibility for any personal property and/or equipment brought into the venue in connection with the Event that may be damaged, lost, stolen or left at the venue before, during or after the Event, and will not hold Par 18 Golf responsible for any such loss, theft, or damage, except to the extent such loss, theft, or damage is directly caused by Par 18 Golf. If Client’s property is not removed by end of business day of the Event, Par 18 Golf reserves the right to charge the Client a storage and disposal fee due immediately.
ADVERTISING AND BRANDING. Client or other third-party names, logos, symbols, trademarks, or tradenames are not allowed to be displayed within or behind the bays. Advertising of any kind can only be displayed in a contracted private event space and invisible to the general public. Signage to direct the Client’s guests is allowed subject to Par 18 Golf's prior written approval, but may not include logos, symbols, or pictures of any kind and must be displayed in a Times New Roman font.
Any and all uses of the Par 18 Golf name, logo, photos, and/or other intellectual property must be approved in writing by the Par 18 Golf marketing department. Upon written request by the Client, Par 18 Golf will provide venue approved photos, invitation templates, and logos. Any items that do not adhere to Par 18 Golf's brand standards must be taken down immediately.
USE OF LOGOS, IMAGES, AND MARKS. All promotional and display materials relating to the Event, including any images or materials (collectively, “Images”), that refer to or depict the Par 18 Golf venue or Par 18 Golf's name, logo, symbol, trademark or tradename (collectively, “Par 18 Golf Marks”) shall be subject to Par 18 Golf's prior written approval. Client may not use or display any names, symbols, logos, trade names or trademarks owned by (or identified with) any third party in connection with the Event without the prior written approval of Par 18 Golf. Client has no rights or interests in any intellectual property owned or licensed by Par 18 Golf. Images may not be used to state or imply the endorsement by Par 18 Golf or of any Par 18 Golf personnel with any commercial product, process or service, or used in any other manner that might mislead or imply any approval, sponsorship, endorsement or affiliation between the Client and Par 18 Golf. Client may not use trademarks, logos or other content that is confusingly similar to the Par 18 Golf Marks. If Client wishes to obtain Par 18 Golf's permission for any uses of Images or the Par 18 Golf Marks or for any other use which is not specifically addressed in this Event Agreement or Client becomes aware of unauthorized use of the Par 18 Golf Marks, please contact info@par18golf.com Please note that permission is at Par 18 Golf's sole discretion and, if granted, will only be granted under certain conditions and/or subject to the Client entering into an agreement with Par 18 Golf.
FILMING POLICY. Commercials, corporate social media content, photography, videography, or other promotional messages may not be filmed at the Par 18 Golf venue unless the Client enters into a separate agreement with Par 18 Golf expressly permitting such use. Only small flash photography cameras, point-and-shoot cameras, and cell phones will be allowed for filming at our venues, but no professional lenses or lenses over 3" are permitted. A tripod to stabilize the phone/camera is permitted. No drones or audio recorders allowed. If a professional filming crew or a bigger camera(s) are being brought into the venue, please send your filming request to info@par18golf.com a minimum of five business days in advanced for review. NOTE: We do not allow drones or GoPros attached to any Par 18 Golf property.
FORCE MAJEURE. For purposes of the Event Agreement, the term force majeure includes strikes, lockouts, sit-downs, material or labor restrictions by any governmental authority, unusual transportation delays, riots, hurricanes, floods, blizzards, explosions, earthquakes, fire, or other acts of God, acts of the public enemy, wars, insurrections and/or any other cause outside the reasonable control of either party. In the event either party’s performance is excused due to a foregoing force majeure event, the Client will be able to apply the full deposit toward a rescheduled Event or the deposit shall be refunded in full. Par 18 Golf and the Client hereby waive any claim for damages or compensation should this Event Agreement be terminated by an act of force majeure.
COVID-19. COVID-19. Client and Par 18 Golf agree that if: (i) the World Health Organization or Centers for Disease Control and Prevention or United States Federal Government Executive Office restricts travel or issues a travel warning with respect to travel to the Event; (ii) as a result of Coronavirus Disease 2019 or variants thereof (collectively, COVID-19), it becomes impossible for at least 60% of Client Event guests to attend the Event; or (iii) Par 18 Golf cannot provide reasonable assurances that it will be able to perform its obligations under this Agreement, then:
INSURANCE. Upon execution of this Event Agreement and before commencement of any services, Par 18 Golf reserves the right to require the Client to provide a certificate of insurance and accompanying endorsements evidencing proof of the following coverages and amounts with such insurers.
Client and Par 18 Golf will, at their own cost and expense, obtain and maintain in full force and effect, with a financially sound and reputable insurer having A.M. Best ratings of at least A/(VII) or better, the following liability insurance:
(i)General Liability Insurance with a minimum of One Million Dollars ($1,000,000) per occurrence and Two Million Dollars ($2,000,000) in the aggregate;
(ii) Workers’ Compensation Insurance not less than the statutory limits required in the state where the venue is located, including Employer’s Liability of not less than One Million Dollars ($1,000,000) per occurrence;
(iii) Automobile Liability Insurance in an amount not less than One Million Dollars ($1,000,000) per occurrence.
(iv) Umbrella Liability Insurance in an amount not less than Five Million Dollars ($5,000,000).
All policies must include the following endorsements and must be shown on the certificates naming Par 18 Golf International, Inc. and its affiliates:
1. Additional Insured on a primary and non-contributory basis with respect to subparagraphs (i) and (iii) above.
2. Waiver of Subrogation with respect to subparagraphs (i), (ii), (iii), and (iv) above.
Certificate Holder:
Par 18 Golf Inc and it's affiliates
12401 Folsom Blvd Rancho Cordova Ca. 95742
INDEMNIFICATION. Par 18 Golf and Client each agree to indemnify, defend and hold harmless the other party, its affiliates, agents, representatives, directors, officers, and employees from and against any and all claims, suits, fees, losses, liabilities, damages, judgments, costs and expenses (collectively referred to as “Claims”), including reasonable attorney fees incurred as a result of such Claims, arising out of the actions of the indemnifying party pursuant to the Event Agreement, including but not limited to (a) the indemnifying party’s gross negligence or willful misconduct in the performance or non-performance of this Event Agreement, (b) the indemnifying party’s breach of any representation, warranty, or other obligation under this Event Agreement, and/or (c) any personal injury (including death) or damage to property resulting from the indemnifying party or its employees’, invitees’ or guests’ acts or omissions.
APPLICABLE LAW. This Event Agreement shall be governed by the internal laws of the State of California, without regard to the conflicts of law provisions thereof, and each party irrevocably submits themselves to the jurisdiction of the Supreme Court of California located at 350 McAllister St room 1295, San Francisco Ca, , and the Ronald V. Dellums Federal Building 1301 Clay street Oakland Ca.
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