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MOBILE MULLIGANS GOLF™ (MMG™) Release of Liability, Waiver of Claims, Assumption of Risks, Indemnity Agreement & Terms and Conditions("Release and Terms Agreement")

READ CAREFULLY – THIS AFFECTS YOUR LEGAL RIGHTS

By participating in activities hosted by Mobile Mulligans Golf (MMG)—a mobile golf simulator experience operated by Mobile Mulligans LLC of Cary, NC—you (“Participant”) acknowledge and agree to the terms outlined below. This agreement applies to you and any individuals (including minors) under your care or attending the event under your responsibility.

SECTION 1: RELEASE OF LIABILITY, ASSUMPTION OF RISK, AND INDEMNIFICATION

I agree to observe and follow all posted rules, safety signage, and verbal instructions provided by MMG staff. MMG reserves the right to remove any participant who fails to follow safety guidance, without refund. I agree to follow all written and verbal instructions provided by MMG staff, including but not limited to: hitting only from the designated striking area, securing the “Do Not Cross” barrier when entering the simulator bay, and adhering to safety protocols as directed. I certify that I am in good health and capable of participating safely in MMG activities. I understand that participation carries inherent and unpredictable risks, including but not limited to:

  • Slips, trips, or falls, including when entering or exiting the truck

  • Impact from golf balls, golf clubs, or simulator components

  • Equipment malfunction, power outages, or technology failure

  • Reckless, negligent, or intoxicated behavior of other participants

  • Contact with non-load-bearing safety barriers or structures

  • Exposure to weather conditions, including wind, rain, heat, or lightning

  • Acts of God or other unforeseeable events

  • Serious injury, illness, or, in rare cases, death


I knowingly and voluntarily assume all such risks, whether arising from my own actions, the actions of others, environmental conditions, or the negligence of Mobile Mulligans Golf™ to the fullest extent permitted by law.


On behalf of myself and my heirs, executors, and assigns, I hereby release, waive, and discharge Mobile Mulligans Golf™, Mobile Mulligans LLC, and their owners, employees, contractors, agents, affiliates, and representatives from any and all claims, demands, causes of action, damages, losses, or liabilities arising out of or related to participation in MMG activities.


I agree to indemnify and hold harmless MMG from any claims, damages, losses, or expenses, including reasonable attorneys’ fees, arising from my participation or the participation of individuals under my care.

SECTION 2: SAFETY RULES AND PARTICIPANT CONDUCT

Safety Rules & Participant Conduct

Failure to comply may result in removal without refund:

  • One golfer in the simulator bay at a time. No exceptions.

  • All shots must be hit from the designated striking area. No exceptions.

  • All shots must be aimed at the screen. Intentional mis-hits will result in immediate removal.

  • No leaning, hanging, or touching the frame, curtains, or truck walls.

  • No lob wedges or high-lofted clubs. Max allowed: pitching wedge.

  • No trick shots, “Happy Gilmore” swings, wall bounces, or club throwing.

  • No food, drinks, gum, or sticky items inside the simulator bay.

  • Children under 12 must be actively supervised.

  • Follow MMG staff instructions at all times.

  • Appropriate footwear only: golf shoes, sneakers, or flat-soled shoes.

  • Be respectful of the equipment and others.


By entering the truck, you agree to this waiver and release. A QR code is posted onsite for review.

SECTION 3: BOOKING, PAYMENT, AND CANCELLATION TERMS
A 50 percent deposit is required to secure a booking date. The deposit is non-refundable.

The remaining balance is due no later than seven days prior to the event date.

Cancellation policy:

  • 14 or more days before the event: any amount paid beyond the deposit is refunded

  • 7 to 13 days before the event: 50 percent of amounts paid beyond the deposit are refunded

  • Less than 7 days before the event: 25 percent of amounts paid beyond the deposit are refunded

  • Day of event or after arrival: no refund

Weather-related cancellations may be rescheduled based on availability.

SECTION 4: INCLEMENT WEATHER POLICY

The MMG truck is a semi-enclosed, open-air structure and is not designed to operate in heavy rain, high winds, lightning, or unsafe weather conditions. MMG staff reserves the right to delay, suspend, or shut down operations for safety reasons. If more than two hours of booked time are lost due to weather, MMG will issue a credit (“rain check”). Lost time under two hours will not be refunded or credited. If MMG is forced to cancel the event before any services have been rendered due to unsafe weather or Acts of God, the client will be offered, at MMG’s discretion, either a full refund or credit, or the opportunity to reschedule at no penalty.

SECTION 5: TRAVEL & SETUP REQUIREMENTS

Mobile Mulligans Golf™ (MMG) reserves the right to apply a standard delivery and set up fee for all events, calculated based on roundtrip mileage from our starting location, set up, and breakdown. Hourly rental rates and fees are subject to change based on market conditions and distance.​   

Fees will always be clearly stated in the event proposal, estimate, and/or invoice. By accepting a proposal, estimate, or invoice the client acknowledges and agrees to any applicable fees at the time of booking.

Setup & Event Space Requirements

  • Minimum required space: 36 ft (L) x 16 ft (W) x 16 ft (H)

  • Surface must be flat and level

  • 10 feet of clearance around the truck is ideal (not required)

  • MMG will set up 60–120 minutes before your event, or earlier.

  • The site must provide for sufficient drainage. Damp and low-lying areas are not acceptable sites

  • Compaction of the ground must be sufficient to support the weight of the truck over the time period of the stay, thereby ensuring the truck will remain level.

If setup is not possible due to access issues or conditions, the event may be canceled without refund.

SECTION 6: EQUIPMENT DAMAGE AND FINANCIAL RESPONSIBILITY

Participants and event hosts are financially responsible for any damage to MMG equipment, vehicle, or property caused by negligence, recklessness, misuse, improper site conditions, or failure to disclose known access limitations.

 

Financial responsibility includes, but is not limited to:

  • Full repair or replacement cost of damaged equipment

  • Lost revenue while equipment or vehicle is out of service

  • Reasonable administrative, collection, and legal fees incurred by MMG

MMG reserves the right to invoice the responsible party directly.

SECTION 7: EXCESSIVE CLEANING AND BIOHAZARDS

Event hosts and participants are responsible for any excessive cleaning required due to spills, bodily fluids (including vomit), or other avoidable messes caused by negligence, intoxication, or failure to follow MMG rules. A minimum $250 cleaning fee will be assessed in such cases. MMG reserves the right to invoice the event host or responsible party directly.

SECTION 8: MINORS AND PARENTAL CONSENT

Minors are permitted to participate in Mobile Mulligans Golf™ activities only with the consent and supervision of a parent or legal guardian.

By allowing a minor to participate, the parent or legal guardian represents and warrants that they are the minor’s legal parent or authorized guardian and that they have full authority to consent to the minor’s participation and to agree to this Release and Terms Agreement on the minor’s behalf, including the Release of Liability, Assumption of Risk, and Indemnification provisions.

For events involving walk-up participation, festivals, or other open-access public events where individual signatures may not be practical, parental consent may be established through the parent or legal guardian’s presence, supervision, and voluntary allowance of the minor’s participation after reasonable notice of this Agreement. Reasonable notice may include, but is not limited to, posted signage, QR code access to this Agreement, verbal instructions, or other clearly visible disclosures.

When feasible, MMG may request physical or electronic acknowledgment. However, the absence of a signed acknowledgment does not invalidate parental consent or this Agreement when participation is voluntarily permitted by a parent or legal guardian after reasonable notice.

SECTION 9: EVENT HOST RESPONSIBILITIES

For large-scale or high-risk events, MMG may require proof of general liability insurance. If documentation is not provided, MMG reserves the right to cancel the event without refund.

SECTION 10: MEDIA & MARKETING

By attending any event or activity featuring Mobile Mulligans Golf™ (MMG), or by voluntarily entering the MMG truck, I grant MMG and its representatives the unrestricted and irrevocable right to photograph, film, and record me and my guests in any form of media. I understand that filming and photography may begin upon MMG’s arrival to set up or when meeting with the designated event contact, and may include footage captured by cameras, mobile devices, Meta glasses, and other recording equipment. I authorize the use of such media for promotional, marketing, and commercial purposes, across all platforms and in perpetuity, without the expectation of compensation. This applies to all attendees, including participants, event hosts, guests, and spectators.

Parents and legal guardians attending with minors acknowledge and agree that they have read, understood, and accepted this section, as well as the complete Release of Liability, Waiver of Claims, Assumption of Risks, Indemnity Agreement & Terms and Conditions (“Release and Terms Agreement”) on behalf of their minor(s).

SECTION 11: CLIENT LOGOS

By booking with Mobile Mulligans Golf, you grant us the right to reference your organization’s name and display your company logo in our marketing materials, including but not limited to our website, social media, proposals, and presentations, for the purpose of showcasing past clients and events. This usage will always be in a professional context and will not imply partnership, endorsement, or sponsorship unless separately agreed upon in writing. If you prefer that your name or logo not be used, you may provide written notice at the time of booking and we will honor that request.


SECTION 12: COMMUNICATION CONSENT

I agree to receive emails, calls, or texts from MMG related to event info and promotions. I may opt out at any time.

SECTION 13: LARGE-SCALE, INSTITUTIONAL, CORPORATE AND PUBLIC EVENTS

For high-traffic, open-access, corporate, or institutional events, including but not limited to university activations, tailgates, festivals, corporate family days, or community-sponsored programs—additional terms may apply.

Mobile Mulligans Golf™ (MMG) reserves the right to adjust pricing based on factors such as anticipated attendance, event duration, staffing requirements, site access, logistics, risk exposure, and equipment wear due to heavy use or extended travel. Final pricing will be confirmed in writing prior to booking.

For events involving walk-up traffic or large guest volumes, the host is responsible for ensuring appropriate crowd control measures are in place. This may include signage, line management, or support staff to maintain a safe and manageable experience. MMG staff reserves the right to pause or suspend operations if crowd conditions become unsafe or overwhelming.

If the event is hosted on institutional or private property (including universities, schools, corporate campuses, or stadiums), the host is responsible for obtaining all necessary approvals, permits, or access permissions. MMG must be informed in advance of any venue-specific restrictions that could impact setup, branding, or general operations.

MMG will not use any host, partner, or institutional logos in promotional materials, marketing content, or media unless written permission is granted in advance. The presence of such branding onsite does not constitute authorization for public or commercial use.

Unless otherwise restricted by the host or venue, MMG’s standard media release and consent terms remain in effect. Any limitations on photography, video, or use of event footage must be communicated in writing prior to the event date.

​SECTION 14: SEVERABILITY
If any provision of this Agreement is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.


SECTION 15: GOVERNING LAW, ARBITRATION, AND VENUE
This agreement is governed by the laws of the State of Indiana. Any disputes shall be resolved by binding arbitration in Marion County, Indianapolis, in accordance with the rules of the American Arbitration Association (AAA). I waive my right to a jury trial.

ACKNOWLEDGMENT & CONSENT

By signing, providing written or verbal approval (including by email or physical document), or giving electronic acceptance (such as clicking “approve” on an estimate) of a proposal or estimate submitted by Mobile Mulligans Golf, the client affirms that they have read and agree to the provisions set forth in this Release and Terms Agreement. Participation in any event facilitated by Mobile Mulligans Golf constitutes acceptance of these terms. Furthermore, by entering or stepping foot onto the Mobile Mulligans Golf truck at any time, regardless of event type, each individual participant affirms that they have read and consented to these terms.

If I am booking the truck on behalf of a business or organization, I represent that I have the authority to bind that entity and that all individuals participating under this booking are subject to these terms.
 

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