Terms And Conditions

In consideration of being permitted to be present at, attend, observe, and participate in activities at the facilities of, or provided by, TeeBox Golf LLC, its respective owners, investors, members, managers, shareholders, agents, directors, officers, volunteers, employees, landowners, subsidiaries, and affiliated companies (collectively "TeeBox") I, for myself and for my child(ren) (collectively referred to herein as “me” “I” or “my”), personal representatives, assigns and heirs execute this Release and Waiver of Liability, Assumption of Risk and Indemnity Agreement (“Agreement”).

1. Acknowledgment of Activities

I, acknowledge, agree, and represent that I understand the nature of the Activities and that I further agree and warrant that if at any time I believe conditions to be unsafe, or if at any time my health suffers, I will immediately discontinue participation, and leave if appropriate. I understand that I, or others, will be engaging in activities (the “Activities”) at TeeBox Golf LLC, including but not limited to:

• Swinging and handling golf clubs.
• Striking golf balls toward simulator screens and practice areas.
• Standing near or around others who are swinging or striking balls.
• Using putting greens and other golf-related equipment.
• Moving about the facility, including turf, simulator bays, walkways, and common areas.

2. Assumption of Risks

I acknowledge and understand that these activities carry inherent risks and other dangers, which include but are not limited to:

• Being struck by golf clubs or golf balls, including balls that may ricochet off walls, ceilings, floors, nets, or simulator screens.
• Being injured by the actions or inactions of other participants and bystanders.
• Equipment misuse by myself or others.
• Trips, slips, or falls on turf, flooring, stairs, or other surfaces.
• Malfunction or failure of simulator equipment, nets, screens, or other facility equipment.
• Physical strain, sprains, or injuries from swinging or repetitive movement.
• Damage to or loss of personal property brought into the facility.

These risks, or others, may cause physical injury or illness as a result of physical activity or being on the premises where the Activities take place; which risks may result in SERIOUS INJURY, ILLNESS, EMOTIONAL DISTRESS, AND DEATH (collectively, "Risks"). I understand that the Risks may be caused or contributed to by my own actions or inactions, the actions or inactions of other participants, bystanders or staff, the conditions and settings in which the Activities take place, or the alleged or actual negligence of TeeBox. I understand that the description and list of Risks in this Agreement is not complete, and that I will encounter Risks not described herein, known and unknown, inherent and otherwise, in connection with the Activities. With a full understanding of the foregoing, I VOLUNTARILY AGREE TO ASSUME ALL INHERENT AND OTHER RISKS OF INJURY, ILLNESS, EMOTIONAL DISTRESS, AND DEATH AND ALL RESPONSIBILITY FOR LOSSES, COSTS, AND DAMAGES I incur as a result of, or in connection with, the Activities.

3. Damage Responsibility and Authorization for Charges

I acknowledge and agree to be fully responsible for any damage caused to the property, equipment, or facilities of TeeBox as a result of my, or my minor child’s, actions, inactions, or negligence, including but not limited to damage caused by improper use of equipment, failure to adhere to posted rules and regulations, or any other conduct resulting in damage. I further authorize TeeBox to charge the credit card on file for the full cost of repair or replacement of the damaged property, equipment, or facilities, as reasonably determined by TeeBox. TeeBox will provide an itemized statement of the damages and associated costs prior to processing the charge. In the event the credit card on file is invalid, expired, or otherwise unable to process the charge, I agree to remit payment for the damages within ten (10) business days of receiving written notice from TeeBox. Failure to remit payment within the specified timeframe may result in additional collection actions, including but limited to legal proceedings, for which I shall be responsible for all associated costs, including reasonable attorneys’ fees.

4. Release of Liability

I RELEASE, DISCHARGE, HOLD HARMLESS, AND AGREE NEVER TO SUE TEEBOX FOR ALL LIABILITY, CLAIMS, DEMANDS, LOSSES, OR DAMAGES ARISING FROM OR RELATED TO ACTIVITIES, INCLUDING INJURY, ILLNESS, EMOTIONAL DISTRESS, OR DEATH CAUSED IN WHOLE OR IN PART BY THE ALLEGED OR ACTUAL NEGLIGENCE OF TEEBOX. I further agree that if, despite this Agreement, I or anyone acting on my behalf makes a claim against TeeBox, I will DEFEND, INDEMNIFY, AND HOLD HARMLESS TeeBox from any attorneys’ fees, losses, liability, damage, or expenses which TeeBox may incur as the result of such claim.

5. Indemnification

I agree to indemnify and hold harmless TeeBox from any loss, liability, damage, or cost (including reasonable attorneys’ fees) arising from my participation, including claims brought by other participants caused in whole or in part by my conduct.

6. Medical Authorization

I authorize TeeBox and any medical care provider(s) to carry out any emergency medical transport or medical care for me, as may be necessary in their sole discretion, and agree to be fully responsible for any costs associated with such transport and care. I further acknowledge and agree that TeeBox is not obligated to obtain or provide medical assistance in any situation, and that the responsibility for seeking emergency medical care remains solely with me.

7. Unmanned Facility Acknowledgement

I acknowledge and agree that TeeBox operates as an unmanned facility without on-site staff or real-time supervision. The facility is monitored by video surveillance systems for security purposes; however, such surveillance does not constitute active supervision or immediate emergency response. I assume full responsibility for my, or my minor child’s, safety and the safety of any other minors or guests accompanying me while on the premises. In the event of an emergency, I am solely responsible for contacting appropriate emergency services, including but not limited to 911. TeeBox disclaims any liability for injuries, damages, or losses resulting from the absence of on-site staff or supervision.

8. Facility Rules

I understand that it is my responsibility to comply with all posted and published rules and procedures. I further understand that it is my responsibility to comply with all laws and other requirements imposed by federal, state, and local authorities.

9. Binding Effect & Governing Law

I understand that this Agreement will apply every time I am on the premises or participate in the Activities. I agree that this Agreement is a contract which will be enforced to the fullest extent allowed by law and will be binding on me, my assignees, subrogors, heirs, assigns, executors, and personal representatives.

10. Severability

If any portion of this Waiver is found unenforceable, the remaining sections shall remain in full force and effect.

11. Jury Trial Waiver

I knowingly, voluntarily, and irrevocably waive any and all rights to a trial by jury in any legal proceeding arising out of or related to this Agreement, my, or my minor child’s, use of the facility, or any claims of injury, damage, or loss. This waiver applies to any claims, counterclaims, or disputes, whether sounding in contract, tort, or otherwise, and is intended to be enforceable to the fullest extent permitted by law.

12. Arbitration Agreement

I agree that any dispute, claim, or controversy arising out of relating to this Agreement, my, or my minor child’s, use of the facility, or any alleged injury, damage, or loss shall be resolved exclusively through binding arbitration. The arbitration shall be conducted in accordance with the rules of the American Arbitration Association (“AAA”) and shall take place in Wheaton, Illinois. The arbitrator’s decision shall be final and binding on all parties, and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction. I further agree that any arbitration shall be conducted on an individual basis and not as a class, collective, or representative action. The parties expressly waive any right to bring or participate in a class action or collective arbitration. Each party shall bear its own costs and attorneys’ fees, except as otherwise provided by law or the AAA rules.

13. Minor Participants

By signing on behalf of a minor child participant, I represent that I am that minor child’s parent or legal guardian, that I am authorized to sign this Agreement on the minor child’s behalf, and agree that I will defend, indemnify, and hold harmless TeeBox against any claims arising from the minor participant’s presence at TeeBox Golf LLC or participation in the Activities. I represent that the minor child is physically and mentally fit to participate in all activities. I acknowledge that the minor participant is bound by all the terms of this Agreement, and understand that the minor participant would not be permitted to be at TeeBox Golf LLC or take part in the Activities unless I agree to all terms of this Agreement. I authorize TeeBox Golf LLC, its staff, and medical care providers to carry out any emergency medical transport or medical care for my child, as may be necessary in their sole discretion, and agree to be fully responsible for any costs associated with such transport and care. I understand that reasonable efforts will be made to contact me in the event of an emergency. I understand that I am responsible for dropping off and picking up my child at the designated times and locations each day. I agree to notify TeeBox Golf LLC staff in advance if someone other than myself will be picking up my child. I acknowledge that TeeBox Golf LLC is not responsible for my child outside of the designated participation hours.

14. VENUE SAFETY RULES AND REGULATIONS:

I agree to follow procedures and safety rules described in the Rules and Regulations, which are intended to protect the players, spectators, and other guests.

Rules and Regulations:

• Please ensure you have CLEAN SHOES and CLEAN CLUBS.
• During the winter months, no shoes worn outside are allowed in the hitting area. Please bring a clean pair of dry shoes.
• Use the balls and tees provided to you and leave them in the bay after your session is complete.
• Keep food and drinks at the provided tables and bar. NO FOOD OR DRINK INSIDE THE SIMULATOR or near the computer at any time!
• No smoking or vaping
• No outside alcohol or glass containers.
• Guests are strictly prohibited from using the facilities while under the influence of alcohol, drugs or any other substance.
• No more than 4 golfers per bay
• Be respectful of other guests
• No children under the age of 13 without supervision from a non-golfing adult
• Players are responsible for the equipment inside the simulator. No swinging clubs outside of the simulators for safety reasons.
• Only one person should be present in the hitting area at a time. Everyone MUST keep a safe distance and keep watch of the person golfing.
• Before you swing any club, check your surroundings to ensure no one or any obstacles are within your range of swing.
• Be aware of your backswing and follow-through at all times.
• Your shot must be directed towards the hitting screen.
• Swinging should always take place near the hitting area of the mat.
• Be alert to where you stand or walk and stay out of someone’s range of swing.
• Report any accidents immediately.
• Customers are financially responsible for any damage caused by failure to follow the directions of the Rules and Regulations.
• Customers acknowledge that TeeBox Golf LLC is under video surveillance. Tampering with a camera system or damaging equipment by not following procedures in the guidelines will result in financial compensation being paid to TeeBox Golf LLC.
• Customers acknowledge that photography and/or video may be recorded and used for promotional purposes without compensation.
• We would love for you to be able to finish your “last hole”, but if another group is booked after you, we ask that you transition the simulator to the next group promptly at the end of your booking time.
• Only one person swinging in a simulator bay at a time.
• Standing clear of hitting areas when others are swinging.
• Using equipment responsibly and only for its intended purpose

Failure to abide by any of the above procedures may result in the cancellation of the remainder of your paid simulator time and/or revocation of membership privileges without compensation..

BY BOOKING AT TEEBOX GOLF LLC, I AGREE TO THIS RELEASE AGREEMENT, FULLY UNDERSTANDING ITS TERMS, UNDERSTANDING THAT I AM GIVING UP SUBSTANTIAL RIGHTS BY ENTERING THIS FACILITY AND DO SO FREELY AND VOLUNTARILY WITHOUT ANY INDUCEMENT. 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.