IMPORTANT: THIS IS A LEGAL DOCUMENT THAT AFFECTS YOUR AND YOUR GUEST'S LEGAL RIGHTS. PLEASE READ CAREFULLY. BY USING Scratch Lab FACILITIES, YOU ARE GIVING UP YOUR RIGHT TO SUE FOR ORDINARY NEGLIGENCE AND ARE AGREEING TO INDEMNIFY THE COMPANY. YOUR ENTRY INTO AND USE OF THE FACILITIES CONSTITUTES YOUR BINDING AND IRREVOCABLE AGREEMENT TO ALL THE TERMS BELOW.
In consideration for being permitted to use the facilities, equipment, and services of Scratch Lab ("Scratch Lab," "we," "us," or "our"), the undersigned ("Participant," "you," or "your") hereby agrees to this comprehensive Waiver of Liability and Release. This document serves as a binding contract and applies to all activities and services provided by Scratch Lab.
1. Voluntary Assumption of Risk
You hereby acknowledge, understand, and agree that the use of our golf simulators, equipment, and facilities, including participation in golf lessons, performance training, or any other related activities, involves inherent and unavoidable risks of serious personal injury, property damage, or even death. You understand that these risks are an intrinsic part of the activity and cannot be entirely eliminated, even with due care and supervision. These risks are both known and unknown, foreseeable and unforeseeable.
These risks include, but are not limited to:
Being struck by a golf ball, a golf club, or other equipment, which may be errant or unintentionally propelled.
Injuries resulting from the physical act of swinging a golf club, including but not limited to muscle strains, sprains, tears, fractures, or other injuries to the back, neck, shoulders, and joints.
Slips, trips, and falls on our premises due to a variety of factors, including wet floors, uneven surfaces, or collisions with objects or other people.
Collisions with other participants, walls, or facility equipment, which may occur during a swing or while moving about the premises.
Equipment malfunctions, failures, or defects, which may cause personal injury or property damage.
Injuries resulting from improper use of equipment, improper technique, or poor judgment, whether by you or by other participants.
The risks associated with the presence of other participants and their activities, which may be unpredictable.
You knowingly and voluntarily accept and assume full responsibility for all such risks, whether caused by your own actions or the actions of others. You understand that this voluntary assumption of risk means you are accepting the responsibility for any and all resulting injuries, damages, or losses.
2. Waiver and Release of Liability
To the fullest extent permitted by California law, you hereby waive, release, and forever discharge Scratch Lab, and its owners, employees, agents, contractors, and affiliates (collectively, the "Released Parties") from any and all claims, demands, damages, actions, or causes of action of any kind, whether in law or equity, arising from or related to your use of our facilities or services.
This waiver includes, but is not limited to, claims based on ordinary negligence on the part of the Released Parties. You understand that ordinary negligence refers to the failure to exercise the degree of care that a reasonably prudent person would exercise under the same circumstances. This waiver does not, however, apply to claims for gross negligence, willful injury, or fraud, as provided by California Civil Code §1668. You acknowledge that this distinction is a material part of this agreement.
This release applies to any and all liability, including without limitation, liability for personal injury, property damage, wrongful death, or any other loss, damage, or expense, regardless of whether such claims are currently known, unknown, anticipated, or unanticipated.
3. Indemnification
You agree to indemnify, defend, and hold harmless Scratch Lab, and all other Released Parties, from and against any and all claims, liabilities, damages, losses, or expenses, including reasonable attorneys' fees and costs, arising from or related to your conduct or the actions of your guests while on our premises. This indemnification obligation extends to and includes any claims brought by third parties who are injured or whose property is damaged as a result of your negligence or intentional actions. You understand that this means if a third party sues Scratch Lab because of your actions, you agree to cover Scratch Lab's legal defense costs and any resulting judgments or settlements.
4. Governing Law and Jurisdiction
This Waiver is governed by the laws of the State of California, without regard to its conflict of law principles. You agree that any legal action arising from or related to this Waiver or your use of our facilities will be brought exclusively in the state or federal courts located in the county where Scratch Lab's principal place of business is located. You hereby waive any objection to personal jurisdiction or venue in such courts.
5. Acknowledgement
Your use of Scratch Lab facilities, services, and equipment constitutes your certification that you have read this entire document, you understand its content, and you voluntarily agree to its terms. You acknowledge that this Waiver is a legally binding contract and that you are of legal age (18 or older) or are the legal guardian of any minor in your party and have the legal authority to enter into this agreement on their behalf. You also certify that you are not under the influence of any drugs or alcohol and are physically able to participate in the activities.
