This is an essential legal agreement. Please allow yourself sufficient time to carefully read and understand the entire agreement. By accepting the box at checkout, you give up certain legal rights.
ASSUMPTION OF RISK, RELEASE OF LIABILITY, AND INDEMNITY AGREEMENT
In consideration of Ryder NDoor Golf allowing me to enter and use its facilities, all members agree to the following:
ASSUMPTION OF RISK: All individuals, including members and guests, must understand the scope, nature, and extent of the risks involved in participating in indoor golf. These risks include, but are not limited to, equipment malfunction, defective and/or negligent design and/or manufacture of equipment, carelessness and/or negligent instruction and/or supervision, negligent rescue operations, and being hit by a golf club, golf ball, or golf tee. All individuals, including members and guests, agree that Ryder NDoor Golf is not responsible for these and other unexpected occurrences. Participants will play at their own risk and voluntarily, freely, and expressly choose to incur all risks associated with using Ryder NDoor Golf’s facilities, understanding that those risks may include personal injury, damage to property, and/or death.
RULES AND SECURITY CAMERAS: All individuals, including members and guests, must comply with the courtesy and safety rules listed on Ryder NDoor Golf's website. These rules aim to ensure the safety of all individuals present on the premises. It is acknowledged that the facilities are equipped with video surveillance, and all activities may be recorded. Membership and access to the facilities depend on adherence to these rules, and any violation may result in termination of membership without financial compensation.
DAMAGE TO FACILITIES: All individuals, including members and guests, are held accountable for any expenses related to the damage of Ryder NDoor Golf LLC equipment, facilities, and third-party property resulting from negligent or deliberate misuse of the equipment or other actions, including Trackman4 equipment, gaming equipment, and/ or stolen golf clubs.
TEMPORARY CLOSURE: Ryder NDoor Golf LLC may temporarily close its facilities for any reason, including adverse weather conditions. Members and guests must promptly comply with all weather-related closure announcements and staff directives. If tee times are canceled due to an unforeseen closure, members will receive a reimbursement of up to $50 per canceled tee time credited to their account. Ryder NDoor Golf LLC reserves the right to change these reimbursement provisions at its sole discretion.
INDEPENDENT BUSINESSES: Golf coaches who are members and conduct lessons for their clients at Ryder NDoor Golf LLC facilities assume responsibility for their guests/clients. In the event of a temporary closure or interruption of studio operations or canceled tee times, Ryder NDoor Golf LLC disclaims liability for any loss of revenue experienced by golf professionals engaged in their independent business activities.
VIOLATION OF RULES AND REGULATIONS: All individuals, including members and guests, must follow the rules and regulations set by Ryder NDoor Golf LLC. These rules are displayed at the facility and on Ryder NDoor Golf LLC’s official website. Failure to comply may lead to the suspension of membership privileges or the termination of the Agreement by Ryder NDoor Golf LLC. Please be aware that Ryder NDoor Golf LLC can modify these rules at its discretion, and any changes will be effective immediately upon implementation.
EXCEPTION AND RELEASE FROM LIABILITY: All individuals, including members and guests, hereby exempt and release Ryder NDoor Golf LLC, along with its directors, officers, agents, employees, representatives, and consultants (collectively referred to as the "Releasees"), from any and all liability, claims, demands, actions, or causes of action whatsoever arising out of any damage, loss, injury, or death to the undersigned or their property while on the premises, whether resulting from the negligence and/or another fault, either active or passive, of any of the Releasees or any other cause.
CHANGES TO POLICIES AND MEMBERSHIPS: At Ryder NDoor Golf LLC, we may introduce new facilities or programs periodically, which may be accessible to Members for an additional fee. We reserve the right to publish and modify policies and regulations for the facilities or adjust our membership fees as necessary. You acknowledge that changes to membership fees may occur at any time. However, we will provide advance notice via email to Membership holders regarding any adjustments to the periodic membership fees.
MEMBERSHIP SUSPENSION/TERMINATION: Ryder NDoor Golf retains the right to suspend or terminate your membership at any time due to a violation of this Agreement or for any other reason. Such termination may be communicated to you in writing or orally, with or without cause. In the event that Ryder NDoor Golf LLC terminates your membership, your access to the facility will be promptly revoked, and you will be held responsible for any outstanding dues, including membership fees and other charges on your account. Should your membership be terminated by Ryder NDoor Golf LLC, you will not be entitled to a refund of any previously paid membership fees.
COVENANT NOT TO SUE: All individuals, including members and guests, agree to never sue or take legal action against any of the Releasees or assist in prosecuting any claim for damages due to injury or death arising from the activities covered by this Agreement. This includes negligence or fault, whether active or passive, of any of the Releasees or any other cause. Furthermore, you agree that your heirs, executors, administrators, personal representatives, and anyone else claiming on your behalf shall not sue or assist in the prosecution of any claim for damages due to injury or death arising from the activities covered by this Agreement. In the event of any such suit or legal action, the Releasees are entitled to recover attorneys' fees and costs incurred in the defense.
INDEMITY AGAINST THIRD PARTY CLAIMS: All individuals, including members and guests, agree to indemnify, save and hold harmless the Releasees from any and all losses, claims, actions, or proceedings of every kind and character, including attorney's fees and expenses, which may be presented or initiated by my guests and invitees, including minor children, and any other persons or organizations and which arise directly or indirectly from my participation in the activities covered by this Agreement, WHETHER RESULTING FROM THE NEGLIGENCE AND/OR OTHER FAULT, EITHER ACTIVE OR PASSIVE, of any of the Releasees or any other cause.
COMPLETE DEFENSE: Members agree that this agreement may be used as a complete defense in any legal action brought by themselves, their minor children, and/or guests/invitees, or by their heirs or legal representatives.
REPRESENTATION AND WARRANTIES: I represent and warrant that I am physically fit, have sufficiently prepared or trained for participation in this activity, and have not been advised not to participate by a qualified medical professional. I certify that no health-related reasons or problems preclude my participation in any and all activities at the premises.
APPLICABLE LAW: I agree that the law of the State of Arizona shall apply to issues involving the construction, interpretation, and validity of this Agreement and that Arizona law shall govern any dispute between the parties arising from the activities contemplated by this Agreement.
WAIVER OF JURY TRAIL AND VENUE: Should this agreement be violated, and a suit be brought against any of the Releasees, each party waives their right to a jury trial, and Scottsdale, Arizona shall be the venue for any such suit.
WAIVER: Please be advised that by utilizing the amenities provided by Ryder NDoor Golf LLC, you acknowledge and accept that you are doing so at your own risk. Your participation is voluntary, and you assume all associated risks, including but not limited to injury, illness, damage, or loss to yourself or your belongings. This also encompasses any personal property loss or theft while on the premises, including the parking lot.
INTERPRETATION AND SEVERABILITY: I agree that this agreement is intended to be as broad and inclusive as is permitted by the laws of the State of Arizona and that should one or more provisions in this Agreement be judicially determined to be unenforceable, the remaining provisions shall continue to be binding and enforceable against each party.
ACKNOWLEDGMENT: I acknowledge that I have read all of the provisions above, fully understand the terms and conditions expressed herein and agree to be bound by such terms and conditions.
CONTINUATION OF OBLIGATION: I agree that the terms and conditions of this agreement shall continue in full force and will affect now and in the future at all times that I use the facilities.
I AM FULLY AWARE OF THE RISKS ASSOCIATED WITH GOLF AND INDOOR GOLF, PARTICULARLY AS THEY EXIST IN THE CONFINES OF AN ENCLOSED INDOOR AREA, AS BOTH A SPECTATOR AND A PARTICIPANT, INCLUDING THE POSSIBLE RECKLESS CONDUCT OF OTHER PARTICIPANTS AND SPECTATORS. I AGREE TO ACCEPT ANY AND ALL RISKS ASSOCIATED IN ADDITION TO THAT. BY MY PRESENCE AS A PARTICIPANT OR SPECTATOR AT THE PREMISES AND/OR BY MY SIGNATURE BELOW, I AGREE AND CONSENT TO ALL OF THE TERMS OF THIS ASSUMPTION OF RISK, RELEASE OF LIABILITY, AND INDEMNITY AGREEMENT AND DO SO OF MY OWN FREE WILL.