WARNING: READ CAREFULLY. THIS PARTICIPANT AGREEMENT INCLUDES A RELEASE OF LIABILITY AND WAIVER OF LEGAL RIGHTS. DO NOT EXECUTE THIS AGREEMENT UNLESS YOU HAVE CAREFULLY READ IT IN ITS ENTIRETY AND UNDERSTAND THE CONTENTS HEREIN. INHERENTLY RISKY RECREATIONAL ACTIVITIES MAY RESULT IN SERIOUS INJURY UP TO AND INCLUDING DEATH. UTILIZE THE FACILITY AT YOUR OWN RISK.
ACE’S RANGE, LLC, PARTICIPANT AGREEMENT, WAIVER, AND RELEASE FORM
Welcome to Ace’s Range! These terms and conditions outline the rules and regulations for the use of our facilities and equipment.
By using our facilities and equipment, you accept these terms and conditions in full. Do not continue to use Ace’s Range if you do not accept all of the terms and conditions stated herein.
THIS PARTICIPANT AGREEMENT, WAIVER, AND RELEASE FORM (hereinafter “Agreement”) is made and entered into as of the date of execution of this Agreement by and between Ace’s Range, LLC, a Wyoming limited liability company, (hereinafter “Ace’s Range”) and the Customer (collectively referred to hereinafter as “the Parties”):
General
- Introduction: These terms and conditions govern the use of all facilities and equipment provided within Ace’s Range.
- Responsible Use: Customer is expected to use the facility and equipment responsibly, following all safety guidelines provided.
- Acknowledgement of Terms and Conditions: Customer represents that he or she read, understands, and expressly agrees to follow all terms and conditions of Ace’s Range.
Booking and Reservations
- Booking Process: Bookings can be made online through our website, mobile app, or in-person at Ace’s Range.
- Payment: Full payment is required at the time of booking.
- Cancellations and Refunds: Cancellations must be made at least 24 hours in advance for a full refund. No refunds will be issued for cancellations made within 24 hours of the booking.
Trackman Simulator Use
- Trackman Simulators: Customer is responsible for using the Trackman simulators in a safe and respectful manner. Any damage caused due to misuse will be the responsibility of the Customer.
- Footwear: Only non-marking indoor sports shoes are permitted. No golf spikes or outdoor shoes are allowed.
- Club Use: Customer may bring his or her own clubs. Please ensure that the clubs are clean and free of dirt. You may also use your own ball, as long as it is free of any sharpie marks or scuffs
Equipment Use
- Availability: All equipment rentals are subject to availability and are provided for use within our facility and designated areas.
- Damage and Loss: Customer is responsible for the proper care of all equipment rented or used. In the event of damage, loss, or theft of equipment, the Customer will be held liable for repair or replacement costs based on current market value. Our team will assess any damage, and repairs must be completed through our approved vendors.
- Return Condition: All equipment should be returned in the same condition as received. Any malfunctions or concerns should be reported immediately to avoid liability.
- Security Deposit: We reserve the right to request a refundable security deposit for high-value equipment rentals. This deposit will be returned in full upon the safe return of all equipment, subject to any applicable damage or late fees.
Conduct and Safety
- Alcohol and Drugs: Alcohol must be purchased from Ace’s Range; no outside alcohol is permitted. Any form of illegal substances is strictly prohibited.
- No Smoking: Smoking is not permitted anywhere within the facility.
- Supervision and Compliance: Customer agrees to follow all safety instructions provided by our staff. Failure to comply with guidelines may result in immediate termination of the session without a refund.
- Age Requirements: Minors (under 18) must have a parent or guardian present to sign a waiver. Customers under a specified age (e.g., 12) may not be eligible for certain activities.
Liability
- Liability Waiver: Customer acknowledges that he or she is participating in activities at their own risk and release Ace’s Range its heirs, personal representatives, successors, assigns, officers, shareholders, members, agents, partners, employees, and attorneys from any and all actions, claims, causes of action, demands, or expenses for damages or claims, whether asserted or unasserted, known or unknown, foreseen or unforeseen in any way related to or arising out of the use of the facilities and equipment. This waiver includes, but is not limited to, personal injury, property damage, and any loss resulting from participation.
- Assumption of Risk: By participating in any activity at Ace’s Range, Customer acknowledges that he or she understands and accepts the risks involved, including, but not limited to, potential injuries caused by equipment failure, user error, or unforeseen circumstances.
- Insurance: We recommend that Customer has his or her own personal liability insurance.
- Indemnification: Customer expressly agrees to indemnify, defend, save, and hold harmless Ace’s Range from any and all claims, demands, judgments, actions, and causes of action, including attorney fees and costs, of any and every type, kind, and nature including, without limitation, claims of negligence, strict liability, or liability for any other act or omission, as a result of the Customer’s use of the facilities and equipment.
- Covenant Not to Sue: Customer expressly agrees never to institute any action or suit at law or in equity against Ace’s Range, nor institute, prosecute, or in any way aid in the institution, or prosecution of any claim, demand, action, or cause of action for damages, costs, expenses, or fees of any type, kind, or nature, for or on account of any damage, loss, or injury, either to person or property, or both, whether developed or undeveloped, known or unknown, past, present or future, arising out of the Customer’s utilization of the facilities and equipment at Ace’s Range.
- Dispute Resolution: Any and all claims arising from or related to Customer’s use of the facilities and equipment at Ace’s Range shall be subject to mediation as a condition precedent to filing a lawsuit. A request for mediation shall be made in writing, delivered to the other party to this Agreement. The parties shall share the mediator’s fee and any related fees equally.
- Choice of Law: This Agreement is to be governed and construed in accordance with the laws of Wyoming, without regard to its conflicts of laws principles.
- Jurisdiction and Venue: The Parties agree to the exclusive jurisdiction of the courts of Laramie County, State of Wyoming. Thus, any legal action shall be commenced and maintained in the courts of Laramie County, State of Wyoming.
- Attorney Fees and Costs: In the event that any claim, suit, or action is instituted under or in relation to this Agreement, including, without limitation, to enforce any provisions herein, the prevailing party shall be entitled to recover all reasonable fees, costs, and expenses from the losing party.
Privacy Policy
- Data Collection: We may collect personal information for booking and marketing purposes. We will not share or sell this information to third parties.
- Security: We take measures to secure your personal information and ensure it is not misused.
Other Items
- Amendments: Ace’s Range reserves the right to amend these terms and conditions at any time. Customers will be notified of any changes.
- Subsequent Visits: The Parties agree that this Agreement shall apply with equal force and effect to present and future use of facilities and equipment of Ace’s Range.
- Interpretation and Severability: The Parties hereto agree that this Agreement is intended to be interpreted as broadly and inclusively as permitted by law. Should any provision of this Agreement be determined to be unenforceable, all remaining terms and clauses shall remain in force and shall be fully severable.
Acknowledgment of Agreement
All Customers will be required to read and sign this Participant Agreement, Waiver, and Release Form prior to participation. Digital or written consent constitutes full agreement to the above terms and releases Ace’s Range from any associated liabilities.
By using our facilities and equipment, you acknowledge and agree to abide by these terms and conditions. If you do not agree with any part of these terms and conditions, please do not use the facilities or equipment.
I HAVE CAREFULLY READ THIS PARTICIPATION AGREEMENT, WAIVER, AND RELEASE FORM AND FULLY UNDERSTAND ITS CONTENTS. I FULLY UNDERSTAND THAT BY SIGNING BELOW, I AM GIVING UP SUBSTANTIAL RIGHTS AND DO SO VOLUNTARILY. I AM AWARE THAT THIS IS A BINDING CONTRACT AND AM SIGNING IT WITHOUT INDUCEMENT, ASSURANCE OR GUARANTEE, AND ENTIRELY OF MY OWN FREE WILL AND ACCORD.
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