Waiver Indoor Golf Swing
LIABILITY WAIVER • ASSUMPTION OF RISK • RELEASE • INDEMNIFICATION • MANDATORY ARBITRATION • CONDITIONS OF ACCESS • MEMBERSHIP TERMS
Indoor Golf Swing LLC
Located inside KotoFit Gym
189 Brunswick Street, Jersey City, NJ 07302
📧 golf@indoorgolfswing.com | ☎ (201) 614-5453
⚠️ IMPORTANT — READ BEFORE SIGNING
This is a legal contract. By signing, you are giving up certain legal rights, including the right to sue for ordinary negligence and the right to a jury trial, to the fullest extent permitted by New Jersey law.
This Agreement is intended to be knowing, voluntary, and intelligent.
Do not sign unless you fully understand it.
1️⃣ PARTIES • BINDING EFFECT • SCOPE
This Agreement applies to and is binding upon:
- The Participant — the individual signing this Agreement
- Up to three (3) guests admitted by the Participant
- Any minor (under age 18) brought into the Facility by the Participant
Maximum occupancy: four (4) total persons.
Definition — “Participant”
“Participant” means the individual who signs this Agreement and is granted the ability to book, unlock, enter, activate equipment, or otherwise use the Facility.
Guests and minors admitted by the Participant are not signatories to this Agreement, but are subject to its rules and conditions, and remain under the Participant’s supervision and responsibility as stated herein.
Participant Responsibility
Participant assumes full legal, financial, medical, behavioral, and supervisory responsibility for all guests and minors they admit.
Condition of Access
No person may enter, unlock, book, or use the Facility unless this Agreement has been signed.
2️⃣ FACILITY DEFINITION
“Facility” means only the indoor golf simulator room operated by Indoor Golf Swing LLC, including:
Simulator bay, turf tee area, launch monitor, projector, impact screen, nets, sensors, cameras, computers, enclosure, furniture, walls, ceiling, and flooring within the simulator stage and golf enclosure only.
Excluded Areas
The Facility does not include any KotoFit Gym areas, including hallways, lobby, bathrooms, locker rooms, or other gym premises.
Facility Map:
3️⃣ NATURE OF ACTIVITY — VOLUNTARY RECREATIONAL USE
Use of the indoor golf simulator is a purely voluntary recreational activity, not medically necessary and not required for daily living. Participant is free to decline participation at any time. This acknowledgment is material to enforceability.
4️⃣ ASSUMPTION OF RISK — UNATTENDED FACILITY
Participant understands and agrees:
A. Inherent Risks
Indoor golf simulator use involves risks including, but not limited to:
Golf & Physical Risks
- Being struck by golf balls or clubs
- Ricochet or rebound from screen, walls, ceiling, or enclosure
- Slips, trips, collisions, or uneven flooring
- Eye, facial, dental, head, concussion, or spinal injuries
- Muscle strain, joint injury, overexertion, fatigue
- Dizziness, fainting, dehydration, or cardiac events
Equipment & Environmental Risks
- Equipment malfunction or inaccurate data affecting swing behavior
- Electrical hazards near liquids
- Cables, nets, cameras, or hardware causing impact or entanglement
- Slipping, tripping, or falling while walking to or from the golf enclosure, simulator bay, entrance, exit, restroom, or any other area of the Facility
- Participant must walk carefully at all times around all standing tennis, pickleball, and badminton nets located in or near the Facility.
- These nets and their bases, frames, anchors, wheels, or support legs present tripping, collision, and entanglement hazards.
- Participant assumes all risk of injury arising from contact with or walking near these nets and agrees to exercise heightened caution when moving through these areas.
B. Unattended Facility Disclosure
The Facility is unattended.
There is no on-site staff, no supervision, no CPR, and no AED provided.
To the fullest extent permitted by New Jersey law, Indoor Golf Swing LLC does not undertake continuous monitoring, supervision, or on-site staffing. Any inspection or maintenance performed shall not be deemed a guarantee of safety.
Emergency response may be delayed.
C. Voluntary Risk Acceptance
Participant voluntarily assumes all risks, known and unknown, foreseeable and unforeseeable, including the risk of serious injury, catastrophic injury, or death, even if all rules are followed, to the fullest extent permitted by New Jersey law.
🖊️ INITIAL REQUIRED:
I understand and voluntarily assume all risks of injury, death, medical expense, and property loss for myself and anyone I bring.
Initials: _______
5️⃣ MINORS — REQUIRED NEW JERSEY DISCLOSURE
Participant acknowledges that under New Jersey law, a minor’s personal-injury claim cannot be waived.
Participant is not signing on behalf of a minor’s injury claim and instead agrees to:
- Remain physically present and continuously supervise minors
- Accept financial responsibility for damage caused by minors
- Indemnify Indoor Golf Swing LLC if a minor causes injury to others or violates Facility rules
🖊️ INITIAL (only if bringing minors):
I understand a minor’s injury claim cannot be waived and I am signing only as supervising adult.
Initials: _______
6️⃣ RELEASE OF LIABILITY — ORDINARY NEGLIGENCE ONLY
To the fullest extent permitted by New Jersey law, Participant releases and agrees not to sue Indoor Golf Swing LLC for claims arising from:
- Ordinary negligence
- Premises conditions within the Facility
- Equipment or software malfunction
- Acts or omissions of other participants or guests
This Release does NOT apply to:
- Gross negligence
- Willful or intentional misconduct
- Duties that New Jersey law prohibits from being waived
🖊️ INITIAL REQUIRED:
I waive the right to sue for ordinary negligence.
Initials: _______
7️⃣ INDEMNIFICATION
Participant agrees to defend, indemnify, and hold harmless Indoor Golf Swing LLC from any claims, damages, losses, or expenses arising from:
- Participant’s conduct
- Conduct of guests or minors admitted by Participant
- Misuse or improper operation of equipment
- Claims brought by third parties caused by Participant or their guests
8️⃣ LIMITATION OF DAMAGES
To the extent permitted by New Jersey law, and excluding claims that may not be limited as a matter of public policy, any damages owed by Indoor Golf Swing LLC shall be limited to the total membership or booking fees paid by Participant in the twelve (12) months preceding the claim.
This limitation does not apply where prohibited by New Jersey law or public policy
9️⃣ MEDICAL FITNESS & EMERGENCY AUTHORIZATION
Participant represents they are medically able to participate and agrees to stop immediately if pain, dizziness, or symptoms occur.
Participant authorizes Indoor Golf Swing LLC to request emergency medical care on Participant’s behalf, at Participant’s expense, if necessary.
Nothing herein creates a duty to provide medical care or emergency services.
🔟 INCIDENT REPORTING
Participant agrees to report any injury, incident, or equipment damage within 48 hours by emailing:
📧 golf@indoorgolfswing.com
Failure to report does not waive legal rights but may affect investigation or defenses.
1️⃣1️⃣ DAMAGE, CLEANING & FEES — INVOICING ONLY
Indoor Golf Swing LLC will not automatically charge a card on file. Participant must leave the Facility in a clean, orderly condition after use. This includes returning equipment to its original position and removing all personal items and trash.
If damage, repair, or cleaning fees apply:
- Written invoice provided by email
- Five (5) business days to pay or dispute in writing
- Unpaid invoices may be submitted to collections or charged only after notice.
1️⃣2️⃣A TEE TIME CANCELLATION / MODIFICATION — LIQUIDATED DAMAGES
Any cancellation, rescheduling, modification, or change to a tee time made less than twenty-four (24) hours before the scheduled start time will result in a $25 liquidated-damages fee and sent via invoice. Participant understands and agrees that membership access will be immediately suspended and all present or future booking privileges revoked until the $25 fee invoice is paid in full.
No exceptions, credits, or refunds will be granted.
Indoor Golf Swing LLC reserves the right to interpret, apply, and enforce this policy at its sole and absolute discretion.
Participant expressly authorizes Indoor Golf Swing LLC to charge all late-cancellation, rescheduling, modification, or no-show fees to the credit card or payment method on file without further notice.
Participant acknowledges that actual damages from late cancellations are difficult to calculate and agrees that the $25 liquidated-damages fee is a fair and reasonable pre-estimate of such damages.
1️⃣3️⃣ MANDATORY BINDING ARBITRATION
(INITIAL REQUIRED)
All disputes shall be resolved exclusively by binding arbitration, not court.
- Administrator: JAMS
- Venue: Hudson County, New Jersey (or virtual if mutually agreed)
- No class or representative actions
- Arbitrator fees split 50/50
- Each party pays its own attorneys unless a NJ statute provides otherwise
This arbitration agreement is governed by the Federal Arbitration Act (9 U.S.C. § 1 et seq.) and applicable New Jersey law.
🖊️ INITIAL REQUIRED:
I understand arbitration is mandatory and I waive the right to sue in court or have a jury trial.
Initials: _______
1️⃣4️⃣ AUDIO & VIDEO RECORDING
Participant gives express consent to continuous audio and video recording in all simulator areas for safety, security, access enforcement, billing documentation, and legal defense.
No recording occurs in bathrooms or locker rooms. Recording may include sound of voices and simulator impact noise.
Participant understands that recording does not constitute live monitoring, supervision, or a duty to intervene.
1️⃣5️⃣ FACILITY SAFETY RULES
Violation of any rule may result in immediate removal without refund.
- Only one person inside swing enclosure at a time
- All shots directed toward the screen only
- No stepping into swing zone while another holds a club
- No food, drinks, liquids, alcohol, drugs, vaping, or smoking
- No sexually explicit material
- No sharing access codes or propping doors
- Participant responsible for all guests and minors
No intoxicated or impaired person may enter or use the Facility.
Intoxication or impairment includes, but is not limited to, alcohol, marijuana, illegal drugs, prescription medication, or any substance that affects coordination, judgment, reaction time, or safety.
1️⃣6️⃣ MEMBERSHIP AUTO-RENEWAL (IF APPLICABLE)
Membership renews monthly from membership start date - unless cancelled at least three (3) business days before renewal by:
- Email to Golf@indoorgolfswing.com or
- Through Stripe (if available)
- Participant will receive confirmation of cancellation by email.
- No cancellation fees apply to memberships.
1️⃣7️⃣ VOLUNTARY EXECUTION
Participant acknowledges:
- They read this Agreement in full
- They had time to review and ask questions
- They may consult an attorney before signing
- They sign voluntarily and without pressure
1️⃣8️⃣ SEVERABILITY • SURVIVAL • ENTIRE AGREEMENT
If any provision is found unenforceable, the remainder shall remain in effect.
This Agreement:
- Is the entire agreement
- Supersedes all prior discussions
- Survives termination of access or membership
- May be signed electronically and enforced using IP/device logs
✔️ SIGNATURE — REQUIRED FOR ACCESS
Full Legal Name: ______________________________
Email: ______________________________________
Phone: _____________________________________
Date: ______________________________________
Signature: _________________________________