"I don’t care how long you’ve been playing golf, this experience will change your entire perspective of how to play and how to get better." ~Kevin A.

Terms & Conditions of Usage

Terms & Conditions of Usage

OUR GOAL IS FOR EVERYONE TO HAVE

A FUN TIME! SAFELY.


ALL iN GOLF Playing Rules and Guidelines

* I voluntarily agree to assume all of the foregoing risks and accept sole

responsibility for any injury to myself (including, but not limited to, personal injury,

disability, and death), illness, damage, loss, claim, liability, or expense, of any

kind, that I may experience or incur during my presence at ALL iN GOLF. I

hereby release, covenant not to sue, discharge, and hold harmless the ALL iN

GOLF, its owners, other employees, of and from the Claims, including all

liabilities, claims, actions, damages, costs or expenses of any kind arising out of

or relating thereto. I understand and agree that this release includes any Claims

based on the actions, omissions, or negligence of the ALL iN GOLF, its owners,

its employees, agents, and representatives, whether a personal injury, disability,

and/or death occurs before, during, or after participating in any activity at the ALL

iN GOLF.

Cancellation / no-show policy: Please call us at least 12 hours before reservation

time for cancellations. Less than 12 hours and more than 4 hours before

reservation time, we will charge 50% of the cost. For any cancellations less than

4 hours before reservation time, we will charge full cost of your reservation.

The following procedures are in place to ensure members and guests have a

safe, enjoyable experience at ALL iN GOLF.

* Each person must sign a waiver before participating in activities

* NO SPIKES: Golf shoes or running shoes are fine but NO SPIKES.


* If any rental clubs are used, you are responsible for any damage or missing

clubs. Each bag contains a full set of clubs. Original cost of the club will be

charged.

* Players are responsible for the equipment inside the simulators. No swinging

clubs outside of the simulators for safety reasons.

* Only one person should be present in the hitting area at a time. Rest everyone

MUST keep a safe distance, and keep watch of the person golfing.

* Beware and pay attention: Swinging golf clubs near people, and balls existing in

the bay at high speeds, can be extremely dangerous.

* Before you swing any club, check your surroundings (monitor, other players

etc.) to ensure no one or obstacle is 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.

* Practice swings must be done in the designated hitting areas.

* Be alert of where you stand or walk and stay out of someone’s range of swing.

* Report any accidents immediately.

* Members and Guests are financially responsible for any damage caused by

failure to follow the directions of the Rules and Guidelines.

* Guests acknowledge ALL iN GOLF is under video surveillance. Tampering with

camera systems or damaging equipment by not following procedures in the

guidelines will result in financial compensation being paid to ALL iN GOLF.

* Guests and members acknowledge that photography and/or video may be

recorded and used for promotional purposes without compensation.

* If you bring your own clubs, please make sure club faces are clean before play.

* Keep food and drinks at the provided tables. NO FOOD OR DRINK INSIDE

SIMULATOR at any time!


* We would love for you to be able to finish your “last hole”, but if another group is

booked after you, we will transition the simulator to the next group promptly at the

end of your booking time. (5 minutes prior to the end of the last hour booked)

* Failure to abide by any of the above procedures may result in cancellation of

the remainder of your paid simulator time without compensation.

LIABILITY WAIVER

By using ALL iN GOLF facilities, you acknowledge that you may be seriously

injured through 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. Additionally, food and

beverage is consumed in this facility and people may enter the facility with wet

feet; although we attempt to keep the floors clean and free from debris and

waste, you may slip and fall, injuring yourself. 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 ALL iN GOLF 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 ALL iN GOLF (together with any of its managers, members,

employees, independent 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 ALL iN GOLF, 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:

RELEASE AND INDEMNITY: For myself and on behalf of the 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

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 subjects 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 ALL iN GOLF’s

employees/agents attempt to reduce the risks, the risk of serious injury (including

death) is not eliminated, and remains foreseeable.

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.

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 ALL iN GOLF 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 ALL iN GOLF 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.

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.

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 of 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.

BASIS OF BARGAIN: I understand that ALL iN GOLF 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.

CHOICE OF LAW AND VENUE: This Agreement shall be governed by and

construed in accordance with the laws of Ohio, without regard to principles of

conflicts of law, and venue for disputes under this Agreement shall be exclusively

in the courts of the Ohio. I further agree that should ALL iN GOLF (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.

MODEL RELEASE: I irrevocably grant ALL iN GOLF the right to photograph,

videotape, and/or record me and/or my child/ward and to use my or my

child’s/ward’s name, face, likeness, voice and appearance in connection with

exhibitions, publicity, advertising, and promotional materials without reservation

or limitation.


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 ALL iN GOLF 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 ALL iN GOLF

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 ALL iN GOLF.

MISCELLANEOUS: I acknowledge and agree that this Agreement is intended to

be as broad and inclusive as is permitted by Ohio 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 ALL iN GOLF’s facilities are null and void.


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.

GOLFERS SAFETY RULES: I agree to follow procedures and safety rules

described which are intended to protect the players, spectators and other guests.

PARENT OR GUARDIAN LIABILITY WAIVER ON BEHALF OF MINOR: I

understand that all minors, under the age of 21, must be accompanied by

parents or legal guardians at all times while at ALL iN GOLF. (Unless granted

permission by ALL iN GOLF representatives). I represent that I am duly qualified

as the parent or legal guardian or authorized custodian of the above listed

persons ( hereafter the “Minor”) and that I have the authority to execute this

Agreement on behalf of the Minor. 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.

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 CLUB AND DO SO FREELY AND VOLUNTARILY WITHOUT

ANY INDUCEMENT.

ALL iN GOLF

General Inquiries

[email protected]

Copyright © 2023. All Rights Reserved. – ALL iN GOLF

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