Liability Waiver

Purpose

This Liability Waiver and Release of Liability (this “Waiver”) is intended to confirm that participation at STU Golf Studio involves inherent risks, and to set expectations for safe use of the facility.

Scope

This Waiver applies to:

  • Your entry into and use of STU Golf Studio (the “Facility”)

  • Use of golf simulators, hitting bays, clubs, balls, tees, and any other equipment provided or available at the Facility (collectively, “Equipment”)

  • Your guests and any minors you bring to the Facility

1) Waiver and release of liability

In consideration of being permitted to enter and use the Facility and Equipment, you agree that your participation is voluntary and involves risks, including the risk of property damage, personal injury, serious bodily injury, and death (collectively, “Risks”).

You agree to release and hold harmless STU Golf Studio LLC and its officers, directors, members, managers, employees, agents, volunteers, contractors, and affiliates (collectively, “Released Parties”) from any and all claims, demands, causes of action, damages, losses, liabilities, and expenses (including reasonable attorneys’ fees and costs) arising out of or related to the Risks, including those caused by the negligence of any Released Party, to the fullest extent permitted by law.

2) Assumption of risk and fitness to participate

You acknowledge the physical nature of swinging golf clubs and using the Equipment.

You represent that you are physically able to participate and have not been advised by a medical professional not to engage in such activities.

3) Medical expenses and property

You agree that you are solely responsible for:

  • Any medical costs you incur as a result of injury

  • Any loss of or damage to your personal property

4) Damage to Facility and Equipment

You agree that you are responsible for any damage to the Facility or Equipment caused by your careless, reckless, or intentional actions, including the actions of your guests.

5) Binding effect

This Waiver is binding upon you and your estate, heirs, executors, administrators, successors, and assigns, and any other party asserting a claim on your behalf.

6) Governing law; venue

This Waiver will be governed by the laws of the State of California, without regard to conflict of law principles.

Any dispute arising out of or relating to this Waiver or the Facility must be brought exclusively in state courts located in Los Angeles County, California, or the United States District Court for the Central District of California, and you consent to the jurisdiction of those courts.

7) Entire agreement; severability

This Waiver is the entire agreement regarding the subject matter and may only be modified in a writing signed by the party to be charged.

If any portion of this Waiver is held invalid or unenforceable, the remaining provisions will continue in full force and effect.

8) Facility safety rules and regulations

You agree to follow safety rules and procedures intended to protect you, your guests, other members, and the Facility.

House rules (non-exhaustive):

  • Clean shoes and clean clubs only.

  • Use only balls and tees provided by the studio.

  • Keep food and drinks at the lounge table. No food or drink inside the simulator bay or near any computer equipment.

  • No smoking or vaping.

  • Maximum of 4 golfers in the studio at a time.

  • No children under 14 without supervision by a non-playing adult.

  • No swinging clubs outside the simulator bay.

  • Only one person in the hitting area at a time. Others must stay a safe distance away.

  • Before swinging, check surroundings for people or obstacles.

  • Shots must be directed toward the impact screen.

  • Report any accidents immediately.

  • You are financially responsible for damage caused by failure to follow these rules, including damage caused by your guests.

  • Door access is personal. Do not share door access links/codes/credentials, and do not allow tailgating.

Video surveillance: The Facility is under video surveillance for safety and security.

Respect the schedule: Finish promptly at the end of your booking time and tidy the space for the next member.

Enforcement: Failure to follow rules may result in suspension or cancellation of access and/or membership.

9) Parent / guardian waiver for minors

If you are signing on behalf of a minor, you represent that you are the parent or legal guardian (or otherwise authorized) and agree to be bound by this Waiver on the minor’s behalf.

You agree to defend, indemnify, and hold harmless the Released Parties from and against claims arising out of the minor’s participation.

10) Electronic acknowledgment

You agree that acceptance of this Waiver electronically is valid and enforceable to the same extent as a handwritten signature.

BY ACCEPTING THIS WAIVER, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND IT, AND THAT YOU ARE GIVING UP SUBSTANTIAL LEGAL RIGHTS.