TERMS OF SERVICE
Waiver and Release of Liability Agreement
For Independent Golf Instruction Services
This Waiver and Release of Liability ("Agreement") is entered into as of the date set forth below by the undersigned participant (referred to as "Participant") in favor of Coach Jacob Marta (referred to as "Instructor"), an independent golf instructor, and covers the golf instruction services provided by the Instructor.
1. Assumption of Risk
1.1 Voluntary Participation: The Participant acknowledges that they are voluntarily participating in golf instruction, golf lessons, clinics, and/or practice sessions provided by the Instructor.
1.2 Acknowledgment of Risks: The Participant understands that golf is a physically demanding activity that involves inherent risks, including, but not limited to, accidents, slips, trips, falls, impacts with golf clubs or balls, equipment malfunction, environmental hazards (e.g., weather conditions, uneven terrain), and physical exertion, which could result in serious injury or death.
1.3 Assumption of Risk: The Participant knowingly and freely assumes all risks associated with golf instruction, including but not limited to the risks of physical injury, property damage, or even death. The Participant agrees that they are responsible for their own safety during all lessons and golf-related activities.
2. Waiver and Release of Claims
2.1 Release of Liability: In consideration for being allowed to participate in golf instruction, the Participant, for themselves, their heirs, executors, administrators, and assigns, hereby releases, waives, and discharges the Instructor from any and all liability, claims, demands, actions, or causes of action arising out of or related to any injury, damage, or loss sustained during or as a result of golf instruction, regardless of whether it was caused by the Instructor’s negligence.
2.2 Claims Covered: This waiver and release of liability applies to any claims, including but not limited to:
Personal injury, including death, arising from any incident occurring during golf lessons, practice, or related activities.
Property damage to personal belongings brought to the golf course or instruction area.
Any claim related to equipment or facility malfunction.
3. Medical Acknowledgment
3.1 Health Status: The Participant certifies that they are physically fit and have no known medical conditions or impairments that would prevent their safe participation in golf instruction.
3.2 Medical Treatment: The Participant consents to receive medical treatment in the event of an injury, accident, or illness during golf instruction and agrees to be responsible for all associated costs.
4. Indemnification
4.1 Hold Harmless: The Participant agrees to indemnify, defend, and hold harmless the Instructor from any claims, damages, liabilities, costs, and expenses (including attorney's fees) arising out of or resulting from the Participant’s participation in golf instruction, including claims brought by third parties as a result of any action or omission by the Participant.
5. Governing Law and Jurisdiction
6.1 Governing Law: This Agreement shall be governed by and construed in accordance with the laws of the State of [State Name], without regard to its conflict of law provisions.
6.2 Jurisdiction: Any disputes arising out of or in connection with this Agreement shall be subject to the exclusive jurisdiction of the courts of [State Name].
6. Severability
7.1 Severability: If any provision of this Agreement is found to be unenforceable or invalid, the remainder of the Agreement shall continue in full force and effect.
7. Acknowledgment of Understanding
8.1 Acknowledgment: The Participant acknowledges that they have read this Agreement in its entirety, fully understand its terms, and agree to be bound by its provisions. The Participant acknowledges that they are giving up substantial rights, including the right to sue, and are signing this Agreement freely and voluntarily.