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TO BE COMPLETED AFTER BOOKING IS CONFIRMED:

 

MOBILE MULLIGANS GOLF (MMG) RELEASE OF LIABILITY, WAIVER OF CLAIMS, ASSUMPTION OF RISKS, AND INDEMNITY AGREEMENT AND TERMS AND CONDITIONS

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(“Release and Terms Agreement”)

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Read Carefully – This Affects Your Legal Rights

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On behalf of myself and all other participants, including any children or adults attending the event under my care or responsibility, engaging in playing golf and related activities via the mobile simulator service provided by Mobile Mulligans Golf, LLC (“MMG”) of Cary, NC (“Releasee”), I (“Releasor”) hereby agree to the following:

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SECTION 1: RELEASE OF LIABILITY, WAIVER OF CLAIMS, ASSUMPTION OF RISKS, AND INDEMNITY AGREEMENT
 

Agreement to Follow Directions

  • I agree to observe and obey all posted rules and warnings and follow any oral instructions given by MMG employees or agents. MMG reserves the right to remove any participant who fails to comply with these guidelines, without refund.

Certification of Fitness

  • I certify that I am physically fit for this activity, have no health conditions that would prevent safe participation, and have not been advised otherwise by a medical professional.

Assumption of Risks

  • I understand that participation in MMG activities, including the use of the golf simulator, is at my own risk and involves inherent risks of physical injury, harm, or death, as well as property damage. These risks include, but are not limited to, slips, falls, and contact with golf balls or equipment. I assume all such risks, including those due to MMG’s negligence or carelessness.

Waiver of Claims

  • On behalf of myself, my heirs, and assigns, I release MMG, its affiliates, officers, and agents from any claims arising from any injury, loss, or damage sustained as a result of participation in MMG activities.

Indemnification

  • I agree to indemnify, defend, and hold harmless MMG, its owners, employees, agents, contractors, affiliates, and representatives from and against any and all claims, actions, suits, proceedings, damages, liabilities, losses, costs, and expenses, including but not limited to attorney’s fees and costs, arising out of or resulting directly from:

    • My or my guests' participation in MMG activities, including any acts of negligence, recklessness, or willful misconduct by myself, my guests, or any individuals under my care.

    • Any injuries, damages, or losses sustained by myself, my guests, or third parties as a result of participation in MMG activities.

    • Any damages to MMG equipment, vehicles, or property arising from negligent or intentional actions taken by myself, my guests, or those in my care.

    • This indemnification obligation includes, but is not limited to, claims brought by third parties against MMG due to incidents that occur during or as a result of the event, and any breach of this agreement or MMG’s terms and conditions by myself, my guests, or any participants under my care.

Equipment Damage

  • I agree to pay for any damages to MMG facilities, equipment, or vehicles beyond ordinary wear and tear, caused by negligence or willful actions by myself or my guests.

 

SECTION 2: TERMS AND CONDITIONS OF SERVICE
 

Safety and Conduct Requirements

  • I agree to follow all MMG safety guidelines, including:

    • One Person at a Time: Only one person may use the golf simulator or enter the MMG truck at any given time.

    • Designated Safety Lines: Participants must remain behind designated safety lines unless retrieving a ball.

    • Restricted Club Use: High-lofted clubs are prohibited to reduce the risk of equipment damage and injury.

    • Hitting Direction: All shots must be directed toward the impact screen only. Any participant who intentionally or recklessly directs shots away from the impact screen will be immediately removed from the MMG truck without refund.

    • Food and Drink Policy: No food or drinks are permitted inside the MMG truck. All food and beverages must remain in the designated lounge area outside the truck to maintain cleanliness and prevent equipment damage.

Booking and Payment Terms

  • Booking Confirmation and Deposits: A 50% deposit is required for booking confirmation. The balance is due 5 days before the event. Events outside of Cary, NC, or 'The Triangle' incur a mileage charge of $0.40 per mile.

  • Booking Timeline: Custom brand activation requires booking at least 28 days in advance. If design approval is delayed, brand activation may be forfeited without refund.

  • Cancellation Policy: Cancellations with fewer than 7 days’ notice result in forfeiture of the deposit.

Event Space Requirements

  • I confirm that the event venue will provide a clear, level space to allow safe setup and operation of the MMG truck. Failure to meet these space requirements may result in a cancellation of services without a refund.

Brand Activation and Customization (if applicable)

  • For events that include brand activation, I understand that all artwork and designs must be submitted to MMG at least 21 days before the event. MMG is not responsible for delays in brand activation if artwork or designs are submitted late. Failure to meet deadlines may result in forfeiture of the service without refund.

Cancellation and Inclement Weather Policy

  • MMG events are generally held rain or shine. Severe weather conditions, including but not limited to thunderstorms, heavy rain, high winds, or any other weather or environmental conditions that may compromise safety or equipment, may result in rescheduling or a credit toward future use. Cancellations due to weather are rescheduled based on MMG availability.

Event Host Responsibility and Insurance Requirement

  • For events with large attendance or high-risk activities, MMG may request proof of general liability insurance from the event host. Failure to provide this proof, if requested, may lead to event cancellation with forfeiture of the deposit.

Liability for Attendees Under Care

  • The booking individual assumes responsibility for all event participants, including children or adults under their care, and ensures they adhere to MMG safety policies.

Media Release

  • I grant MMG permission to use photographs, videos, or recordings of myself or participants in my care captured during MMG events for promotional purposes, without compensation. This permission is granted indefinitely unless otherwise requested.

Marketing Consent

  • By participating in MMG activities, I consent to MMG collecting and using my contact information for marketing purposes. I understand that I may opt out of receiving marketing communications at any time by contacting MMG directly.

Governing Law and Severability

  • This Release and Terms Agreement is governed by North Carolina law. If any provision is deemed invalid, the remaining terms will remain effective.

Dispute Resolution

  • By agreeing to this Release and Terms Agreement, both MMG and I waive the right to a court trial and agree to settle any claims or disputes under this agreement by binding arbitration, conducted confidentially in North Carolina under the rules of the American Arbitration Association.

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ACKNOWLEDGMENT AND CONSENT

By checking the box below and submitting this form electronically, I acknowledge and agree that this action serves as my legally binding signature. I confirm that I have read, understood, and agree to this Release of Liability, Waiver of Claims, Assumption of Risks, Indemnity Agreement, and Terms and Conditions of Service. I acknowledge that by agreeing, I am waiving certain legal rights for myself and for those in my care.

RELEASE OF LIABILITY, WAIVER OF CLAIMS, ASSUMPTION OF RISKS, AND INDEMNITY AGREEMENT AND TERMS AND CONDITIONS

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