Liability Waiver & Release of Claims
PLEASE READ CAREFULLY BEFORE USING THE FACILITY This Liability Waiver & Release of Claims (“Agreement”) is entered into by and between 505 Golf Lab LLC (“505 Golf Lab”) and the undersigned participant or legal guardian (“Participant”). By booking a session or entering the facility, you agree to be bound by the terms and conditions set forth in this Agreement.
Risk Factors
1. Acknowledgment of Risks: You acknowledge and understand that 505 Golf Lab is an indoor golf simulator studio using Trackman iO technology. Participation in golf and related activities involves inherent risks, including but not limited to, being struck by golf balls or clubs, slips, trips, falls, equipment malfunctions, and collisions with objects or other persons. These risks can result in serious physical injury, medical emergencies, property damage, or even death. You understand that the facility is an unstaffed 24/7 keycode access environment, and you are solely responsible for your own safety and the safety of any guests you bring into the facility.
2. Assumption of Risk You knowingly and freely assume all risks, both known and unknown, associated with: Hitting golf balls, swinging clubs, and using the Trackman iO system; Moving around the bay and common areas; Bringing and supervising any guests, including minors; Using the facility without on‑site staff present. You accept full responsibility for your own safety and for any guests you invite into the facility.
Releases
3. Release of Liability: You hereby release, waive, and forever discharge 505 Golf Lab LLC, its owners, members, employees, and agents from any and all claims, demands, or causes of action arising out of or related to any loss, damage, or injury that may be sustained by you or your guests while using the facility, equipment, or services, including claims based on ordinary negligence.
4. Indemnification: You agree to indemnify, defend, and hold harmless 505 Golf Lab LLC from any and all losses, liabilities, costs, or expenses (including reasonable attorney fees) arising from your use of the services, the conduct of your guests, or your violation of any part of this Agreement. This indemnification is intended to be as broad and inclusive as permitted by law.
Facility Rules
5. Rules & Access: You agree to use only the time slot you have booked. All shots must be directed only at the simulator screen. Only one person may be in the hitting area or swinging a club at any time. No food or drink is permitted in the hitting areas. You shall not tamper with Trackman iO hardware, projectors, or cameras. You agree to keep your facility access codes confidential and not share them with others.
6. Health & Physical Condition: You represent that: You are physically able to participate in golf and related activities; and You are not aware of any medical condition that would make participation unsafe. You are responsible for consulting with a physician before participating if you have any concerns about your health or physical condition.
7. Minors: If you bring any minors to the facility, You are solely responsible for supervising them at all times. You agree that minors will not swing clubs or use equipment unless properly supervised and permitted under 505 Golf Lab’s policies. If you are signing on behalf of a minor, you represent that you are the minor’s parent or legal guardian and that you accept this Agreement on their behalf.
Legal Terms
8. Personal Property: You understand that 505 Golf Lab LLC is not responsible for loss, theft, or damage to any personal property you or your guests bring into the facility.
9. Video & Monitoring: You understand and agree that: The facility may use video cameras and monitoring systems for safety, security, and operational purposes. Video or images may be reviewed in the event of damage, safety incidents, or rule violations.
10. Agreement & Governing Law: You agree that: This Agreement is intended to be as broad and inclusive as permitted by the laws of the state in which 505 Golf Lab LLC operates. If any portion of this Agreement is held invalid, the remaining provisions shall continue in full force and effect. This Agreement shall be governed by and construed in accordance with the laws of the State of New Mexico, without regard to its conflict of law rules. By signing below (or by electronically agreeing through 505 Golf Lab's online booking or waiver system), you acknowledge that you have read this Agreement, understand its terms, and agree to be bound by it. You understand that you are giving up substantial legal rights, including the right to sue for certain claims.
11. Acknowledgment: By signing this document or electronically agreeing through the booking system, you acknowledge that you have read and fully understand this Agreement and realize that you are giving up substantial legal rights, including the right to sue for certain claims related to your use of 505 Golf Lab LLC services and facilities.