Policies & Liability Waiver
of
The Parcade, LLC
I. Rules of Play
The Parcade, LLC, asks and requires its players and patrons to follow the policies set forth below to ensure that all players, patrons, staff, other licensees, and equipment are safe while on the premises of The Parcade, LLC:
1. Before a player or patron swings any club, said person must check their surroundings (people, projector and sensor equipment, safety nets, and other objects) to ensure nothing is within range of the swing.
2. Practice swings are only allowed inside the designated hitting area.
3. Under no circumstances may a player or patron swing a golf club outside the designated hitting areas.
4. Only one individual is allowed to occupy the designated hitting area at a time. All other persons must be behind the designated black and yellow striped safety line, especially when there is a player hitting a ball.
5. Players and patrons must be aiming towards the center of the designated hitting screen at all times. Any struck ball must be aimed towards the center of the hitting screen. Any and all swings, regardless of whether a ball is struck must be done facing the center of the designated hitting screen.
6. Running starts to swinging a club are strictly prohibited (i.e., no Happy Gilmore swings).
7. All persons not swinging a club must remain vigilant and aware of their surroundings, especially if there is an individual swinging a club or striking a ball.
8. After a player or patron’s turn swinging a club, said person must return the club to its bag, located in a safe and orderly location, or transfer the club to the next player. Do not leave any clubs, bags, balls, or other objects lying on the floor or in any designated walkway or emergency exit route (trip hazard).
9. Players and patrons may not use their own tees. Only tees provided by The Parcade, LLC may be used.
10. Players and patrons may not wear any form of golfing shoe or cleat (molded grip, cleats, or spikes) on the hardwood floor of the facility. These shoes may be worn on carpeted areas and turf within the simulator bay.
11. No food or drink is allowed inside the designated hitting areas and must be kept behind the designated black and yellow striped safety line.
12. Throwing clubs, golf balls, or other equipment is strictly prohibited.
13. Be respectful of equipment belonging to The Parcade, LLC. These are provided or rented for use for the enjoyment and benefit of its players and patrons.
14. Players and Patrons must immediately inform The Parcade, LLC and its staff of any accident or problematic issue he or she witnesses. This includes damage to property, physical injury, malfunctioning equipment, or any violation of The Parcade, LLC’s policies.
15. Anyone under the age of 16 must be accompanied and supervised by and Adult age 21 or over.
16. All Adults responsible for any child(ren), whether parent, legal guardian, or other supervising adult are responsible for ensuring that the safety rules and policies are enforced and complied with. If you are unable to comply with this provision, you will be asked to leave the premises, without the issue of a refund.
17. Players and supervising adults are responsible for any damage caused to The Parcade, LLC, or its players, patrons, staff, other licensees, and equipment by a player or patron that amount to gross negligence, willful misconduct, or reckless disregard or wanton indifference to harmful consequences to the safety or property of others.
18. The Parcade, LLC has the right to ask players and patrons to leave the premises immediately if their conduct is concerning to the health, safety, and morality to The Parcade, LLC, or any of its players, patrons, staff, other licensees, or equipment. No refund will be issued.
II. Bookings, Cancellations, and Rentals
19. Players and patrons may book a simulator bay in advance. Walk-ins may be accepted if there is availability, but priority is given to those who have booked in advance.
20. Players and patrons should arrive 10 minutes early for their booking times, to ensure check-ins can be done timely and properly.
21. Players and patrons may cancel their booking up to 48 hours in advance online. If they cancel within 48 hours, they must call during open hours will be charged a cancellation fee of 50% of the total booking price.
22. If a player or patron fails to appear after 15 minutes from the start time of their booking with no prior notice, they will be determined to be “No-Show,” owing the full amount of the booking, and the booked time may be given to another party.
23. Players and patrons must begin to wrap up their round five minutes before the end of their scheduled time and must put equipment, tables, and chairs back in the proper positions. The Parcade asks that players and patrons keep their bay area as clean as possible.
24. The Parcade, LLC may offer rental clubs and balls for an additional fee.
25. Players and patrons are responsible for any damage to rented or used equipment belonging to The Parcade, LLC.
26. No refunds will be given once a player or patron has started their session.
III. Consumption of Alcoholic Beverages
27. Patrons and players of lawful age may bring certain alcoholic beverages to consume while inside the premises.
28. These alcoholic beverages must be in the form of a commercially packaged product lawfully allowed for purchase from other retail businesses in the City of Chillicothe (i.e., a can of commercially licensed beer is permissible; a home-brew concoction or mixed drink is not permissible).
29. The Parcade, LLC has the right to deny the consumption and/or the possession of alcohol on the premise to any person, with or without reasons, and in its sole discretion.
30. Any alcoholic beverage consumed on the premises must be under [percentage] ABV.
31. A player or patron must notify The Parcade, LLC that the patron or player has brought an alcoholic beverage before any alcoholic beverage is opened or consumed on the premises.
32. When a player or patron possesses any kind or amount of alcoholic beverage on the premises, the policies listed herein are to be strictly applied. Where grace may be given to a sober adult with limited experience in golf, no grace will be given to a player or patron who possesses alcohol.
33. The Parcade, LLC has the right to ask players and patrons to leave the premises immediately if their conduct is concerning to the health, safety, and morality to The Parcade, LLC, or any of its players, patrons, staff, other licensees, or equipment. No refund will be issued.
34. The Parcade, LLC may revoke any consumption privileges if it deems such revocation to be in the best interests of The Parcade, LLC, its players, patrons, staff, other licensees, or equipment, or the local community and City of Chillicothe.
35. The Parcade, LLC has the right to ask a player or patron to leave the premises immediately if they appear drunk, intoxicated, or in an altered belligerent state. No refund will be issued.
36. The Parcade, LLC allows its players and patrons to consume alcohol in the same sense and spirit as players and patrons of any country club, golf course, or driving range may allow alcohol consumption. However, this is a privilege and not a right. Should the alcohol consumption violate this sense and spirit embodied in the modern tradition of golf, The Parcade, LLC reserves the right to revoke any player or patrons’ alcohol consumption privileges by its sole and unlimited discretion.
IV. Family Friendly
37. Smoking and vaping are strictly prohibited on the premises.
38. The use of any kind of tobacco product is prohibited on the premises.
39. The use of any controlled substance is strictly prohibited on the premises; this does not include prescribed medication for common medical treatment (i.e., inhalers, penicillin, and other common medications for serious and common ailments is allowed; marijuana whether for medicinal or recreational purposes is not allowed).
40. Swearing or cursing is prohibited.
41. Fighting, loudly arguing, or any other disturbance to the use and enjoyment of other patrons and players is strictly prohibited.
42. The Parcade, LLC has the right to ask players and patrons to leave the premises immediately if their conduct is concerning to the health, safety, and morality to The Parcade, LLC, or any of its players, patrons, staff, other licensees, or equipment. No refund will be issued.
43. All players and patrons must, at all times comply with the rules, regulations, laws, and ordinances of the City of Chillicothe, of Livingston County, and of the State of Missouri.
V. Miscellaneous
44. Any player or patron violating the policies of The Parcade, LLC may be subject to the following, depending on the severity of the violation and at the sole discretion of The Parcade, LLC:
a. A warning to the players and patrons regarding the violation;
b. Allowing a player or patron of a group to remain present, but revoking certain allowable uses of the premises;
c. Asking a player or patron to immediately leave the premises;
d. Seeking law enforcement for the removal of a player or patron;
e. Temporary ban from visiting The Parcade, LLC, and utilizing its services;
f. Permanent ban from visiting The Parcade, LLC, and utilizing its services; and
g. Any other action that The Parcade, LLC, believes is reasonably to remedy the violation in its sole discretion.
45. Players and patrons agree to the Waiver of Liability (attached below) upon entry and in consideration for being allowed to use the equipment and facilities, or watch or participate in the activities at The Parcade, LLC.
46. The Parcade, LLC has the right, at all times, to amend, add, remove, or otherwise change its policies.
Before you begin, in plain and simple English, by entering the facility, you acknowledge that you may be seriously injured in the use of this facility. Golf balls are driven at high speeds, and golf clubs are swung at full speed, both of which reach speeds frequently exceeding 100 miles per hour; such balls and/or tees may ricochet, and/or if you walk near someone swinging a club, you might get hit. Upon acknowledging that you may be injured, you agree that you are 100% at your own risk upon entering and using this facility, which means that you release The Parcade, LLC of any and all liability.
All participants in activities on the Premises, must agree to this waiver prior to entering. This Agreement shall remain valid and effective to release and indemnify The Parcade, LLC (together with any of its managers, members, employees, independents, and agents) from any Claims (as hereafter defined).
RELEASE OF LIABILITY AND ASSUMPTION OF RISK
On behalf of myself, my spouse, children, wards, if any, and their respective successors, assigns and in consideration of the services and activities provided by The Parcade, LLC, its managers, members, employees, agents, officers, directors, affiliates, volunteers, participants, clients, customers, invitees, independent contractors, insurers, facility operators, Premises owners, AND all other persons or entities acting in any capacity on its behalf, together with their respective successor and assigns (hereafter collectively the “The Released And Indemnified Parties”), I hereby agree to forever release, remise, discharge, defend, hold harmless, and indemnify The Released And Indemnified Parties as set forth in this Agreement:
1. RELEASE AND INDEMNITY: For myself and on behalf of my spouse, if any, my children and my wards, if any, and their respective successors and assigns, (hereafter collectively, the “Releasing Parties”), I hereby agree to release, remise, forever discharge, defend, hold harmless, and indemnify The Released And Indemnified Parties from and against any and all claims, actions, causes of action, proceedings, suits, costs, liabilities, damages, and expenses, whether known or unknown (including but not limited to all direct, special, incidental, exemplary, punitive, and consequential damages, losses of any kind and attorneys’ fees), and however caused, including without limitation by, reckless, negligent or grossly negligent conduct (hereafter collectively, “Claims”) of any and all of the Releasing Parties that arise on, are based upon or result from, any act, event, occurrence, or omission on the Premises during the Claim Period. Furthermore, and without limiting the foregoing, on behalf of the Releasing Parties I waive any and all Claims that any of us, whether individually or collectively, may now or in the future have against any of The Released and Indemnified Parties that arise on, are based upon, or result from, any act, event, occurrence, or omission on the Premises during the Claim Period, and agree not to initiate or prosecute (or aid any other party in prosecuting) or continue to assert or maintain any such Claim of any kind whatsoever against any of The Released and Indemnified Parties in any court or otherwise with respect to the matters released or waived hereunder, including but not limited to any Claim under any common law, whether in law or equity, or federal, provincial, or local statute, ordinance, or rule of law.
2. ACKNOWLEDGEMENT OF RISKS: I acknowledge that by its very nature, golfing (including indoor golf), and related activities (the “Activities”) at the Premises, present, carry and involve a serious risk of physical injury to both active participants and spectators. I acknowledge that the Activities are inherently dangerous and hazardous and acknowledge that by participating in, observing, or allowing minors of whom I have legal custody to participate in or observe the Activities, I am, on behalf of myself and on behalf of each of the Releasing Parties, expressly assuming all risks associated with the Activities and expressly contracting not to sue for any injury sustained as a result of such participation in or observation of the Activities. I understand that golfing and related activities may result in injuries ranging from minor injuries (bruises, blisters, and the like), to more serious injuries or even death. I acknowledge that golfing and related activities at the Premises subject myself and any other participants, including but not limited to the Releasing Parties to the risk of serious bodily injury. I understand that no matter how careful the Releasing Parties may be during golfing and related activities, and that no matter how much The Parcade, LLC’s employees/agents attempt to reduce the risks, the risk of serious injury (including death) is not eliminated and remains foreseeable.
3. ASSUMPTION OF RISK AND LOSS: I ACKNOWLEDGE THAT ALL ACTIVITIES AT THE PREMISES, BOTH DURING AND AFTER THE CLAIM PERIOD, INCLUDING THE ACTIVITIES OF THE RELEASED AND INDEMNIFIED PARTIES THE ACTIVITIES OF THE RELEASING PARTIES AND THE ACTIVITIES OF THIRD PARTIES ARE POTENTIALLY AND INHERENTLY DANGEROUS AND I KNOWINGLY AND FREELY ASSUME ALL KNOWN AND UNKNOWN RISKS ON BEHALF OF MYSELF AND THE OTHER RELEASING PARTIES, INCLUDING WITHOUT LIMITATION ALL RISKS OF INJURY, DAMAGE AND/OR DEATH. I further agree that none of The Released and Indemnified Parties will be responsible to me or any of the Releasing Parties for the loss or theft of my personal property, or that of any of the Releasing Parties while I am on the Premises. My participation and the participation of any of the Releasing Parties (including, but not limited to my spouse, child, and ward, if any) in any activities whatsoever on the Premises is purely voluntary, and I elect and agree on behalf of myself and all of the Releasing Parties (including but not limited to my child or ward, if any) to participate in those activities in spite of the risks. I further expressly agree that I will pay for the cost of medical assistance should any of The Released and Indemnified Parties request such assistance in their sole discretion on behalf of any of the Releasing Parties. I assume full financial responsibility for any damage or injury that may occur to any of the Releasing Parties while at the Premises, I fully agree to bear the costs of such any injury or damage to any of the Releasing Parties and their personal property arising on the Premises. As to any occurrence on the Premises, I further expressly assume the risk of injury or aggravation of injury resulting from any preexisting medical or physical condition of any of the Releasing Parties, irrespective of whether such medical or physical condition was known or unknown to me.
4. INJURIES BY AND TO THIRD PARTIES: I further and specifically acknowledge that the Releasing Parties, including myself, my spouse, my child, and my ward, if any, may be injured by the actions of customers or invitees of The Parcade, LLC at the Premises (hereafter “Third Parties”). In such event, I agree to release, discharge, waive, defend, and indemnify The Released and Indemnified Parties against any Claims arising from acts or omissions of Third Parties on the Premises during the Claim Period. I also acknowledge that the acts or omissions of the Releasing Parties, including myself, my spouse, child, and ward, if any, may cause injury to other customers, invitees, employees, independent contractors, or agents of The Parcade, LLC while on the Premises during the Claim Period. In such event, I agree to defend and indemnify The Released and Indemnified Parties and any third party invitee or customer against any Claim arising during the Claim Period which was caused, in whole or in part, by one or more of the Releasing Parties.
5. INSURANCE: I certify and represent that I have adequate personal insurance or sufficient personal assets to fully indemnify The Released and Indemnified Parties against any Claims of any of the Releasing Parties against any of The Released and Indemnified Parties for which I have an indemnity obligation under this Agreement. I further certify and represent that I have adequate personal insurance or sufficient personal assets to fully defend, hold harmless and indemnify The Released and Indemnified Parties against any Claims of any third party caused in whole or in part by any act or omission of one or more of the Releasing Parties.
6. REPRESENTATIONS: I represent to The Released and Indemnified Parties that all of the Releasing Parties participating in any activity on the Premises are physically able to participate in all such activities and have no pre-existing physical or medical condition, including without limitation any allergies or exercise-induced conditions, that would endanger such participant while participating in the activities on the Premises. I further represent and warrant that all the Releasing Parties will conduct themselves, while on the Premises, in a safe and responsible manner so as not to endanger the lives or property of any persons. I further specifically represent that I have the authority to enter this Agreement on behalf of all of the Releasing Parties and understand that The Released and Indemnified Parties will rely upon such representation. I further represent and warrant that I have legal and physical custody of all minor children or wards who are Releasing Parties by virtue of my signing this Agreement and have legal authority to sign this agreement on their behalf. I further agree to indemnify and hold the Released Indemnified Parties against any claim made by any third party in which it is alleged that my signing of this Agreement on behalf of any minor child or ward was unauthorized or lacking legal authority.
7. BASIS OF BARGAIN: I understand that The Parcade, LLC would not allow use of the Premises (including, but not limited to the golfing activities thereon) to me, my spouse, my child or my ward, if any, without my agreement to the terms and conditions set forth herein.
8. CHOICE OF LAW AND VENUE: This Agreement shall be governed by and construed in accordance with the laws of Missouri, without regard to principles of conflicts of law, and venue for disputes under this Agreement shall be exclusively in the courts of the Missouri. I further agree that should The Parcade, LLC (or any of the other Released and Indemnified Parties) be required to incur attorney’s fees and costs to enforce this Agreement, I will indemnify and hold The Released and Indemnified Parties harmless for all such fees and costs.
9. INDEMNITY: In addition to (and not in lieu of) the indemnity provisions of the Agreement set forth in other of its paragraphs, I hereby agree on behalf of myself, my child or children, and my wards, if any, to indemnify and hold harmless The Parcade, LLC and its agents, owners, officers, directors, principals, volunteers, insurers, facility operators, land and/or premises owners, and/or any and all persons and entities acting in any capacity on behalf of The Parcade, LLC from and against any and all losses, liabilities, claims, obligations, costs, damages and/or expenses whatsoever, including, but not limited to, any and all attorneys’ fees, costs, damages, and/or judgments directly or indirectly arising out of, or relating to my or my spouse’s my child’s and my ward’s, if any, acts or omissions while participating in any activities at the Premises, unless it is determined that such liability resulted from the gross negligence or willful misconduct of The Parcade, LLC.
11. MISCELLANEOUS: I acknowledge and agree that this Agreement is intended to be as broad and inclusive as is permitted by Missouri law. In the event that any clause or provision of this Agreement is determined to be unenforceable as a matter of law, I intend that such clause or provision should be severed from the Agreement and that the remainder of the Agreement shall continue in full legal force and effect. I acknowledge that the Agreement represents the entire understanding of the parties with respect to the matters set forth herein and no subsequent modification is binding unless reduced to writing and signed by the party against whom enforcement is sought. I further acknowledge and agree that all pre-existing agreements, subsequent course of performance, or purported oral modifications of the terms of this agreement that purport to establish different consequences for my activities at The Parcade, LLC facilities are null and void.
12. JURY TRIAL WAIVER: I, on behalf of myself and the Releasing Parties, hereby waive, to the full extent permitted by applicable law, any right the Releasing Parties, any of them, or myself may have to trial by jury in any legal proceeding directly or indirectly arising out of or relating to this Agreement, the Activities, or any injury sustained or caused by any person in connection with the Activities (whether based on contract, tort or any other theory). For myself, and the Releasing Parties I further represent and warrant (a) that no representative, agent or attorney of any other party has represented, expressly or otherwise, that such other party would not, in the event of litigation, seek to enforce the forgoing jury trial waiver and (b) that all parties to this Agreement been induced to enter into this agreement by, among other things, the jury trial waiver set forth in this section. I further expressly acknowledge, on behalf of myself and the Releasing Parties, that this waiver is made for the express purpose of expediting resolution of any dispute relating to this Agreement, the Activities, or any injury sustained or caused by any person in connection with the Activities between the Releasing Parties and the Released Parties.
13. GOLFERS SAFETY RULES: I agree to follow policies, procedures, and safety rules described on the Business website, posted for viewing on the Premises, and kept in paper form for players and patrons to request to view, which are intended to protect the players, spectators, and other guests. I also agree to make my children abide by these rules.
I HEREBY ACKNOWLEDGE (1) THAT THIS DOCUMENT IS VALID AND MAY BE ENFORCED IN THE SAME MANNER AS A HAND-SIGNED DOCUMENT THAT EXISTS IN PHYSICAL FORM. I ALSO EXPRESSLY ACKNOWLEDGE THE VALIDITY OF THIS DOCUMENT. I FURTHER AGREE THAT I HAVE KNOWINGLY AND EXPLICITLY WAIVED ANY RIGHT TO CLAIM THIS DOCUMENT IS INVALID OR IS UNENFORCEABLE BASED ON THE FACT THAT I HAVE NOT PUT PEN TO PAPER.
I HAVE READ THIS RELEASE AGREEMENT, FULLY UNDERSTAND ITS TERMS, UNDERSTAND THAT I AM GIVING UP SUBSTANTIAL RIGHTS BY ENTERING THIS FACILITY AND DO SO FREELY AND VOLUNTARILY WITHOUT ANY INDUCEMENT.
PARENT OR GUARDIAN LIABILITY WAIVER ON BEHALF OF MINOR: I represent that I am duly qualified as the parent or legal guardian or authorized custodian (hereafter the “Minor”) and that I have the authority to execute this Agreement on behalf of the Minor that I have brought with me into this facility. I further agree to be legally bound by the provisions of this Agreement and to indemnify and hold harmless The Released and Indemnified Parties for any claims that the Minor may now have or may arise in the future during the Claim Period against any of The Released and Indemnified Parties arising on the premises. I further agree that if it is determined that I am not the parent or legal guardian or legal custodian of the Minor, or that I did not have the authority to sign the Agreement on behalf of such Minor, I will nevertheless personally defend and indemnify The Released and Indemnified Parties for and from any Claim arising from Minor’s participation in activities at the Premises.