UNBOUND GOLF – FULL LIABILITY WAIVER & TERMS OF USE

Effective date: Effective upon acceptance

Facility: Unbound Golf LLC, Branchburg, New Jersey

1. Agreement & Scope

This Liability Waiver and Terms of Use (“Agreement”) is entered into by and between Unbound Golf LLC (“Unbound Golf,” “we,” “us”) and the individual accepting these terms (“Participant,” “you”).

This Agreement applies to:

  • All visits to the Unbound Golf facility
  • All bookings (present and future) unless revoked in writing
  • All individuals participating under your reservation (whether actively participating or observing activities on the premises)

This Agreement is a continuing agreement that applies to all future visits unless revoked in writing by Unbound Golf.

2. Acknowledgment of Inherent Risks

You understand and acknowledge that activities at Unbound Golf involve inherent risks, including but not limited to:

  • Being struck by a golf club or ball
  • Ball ricochet or rebound from screens, walls, or equipment
  • Slips, trips, or falls
  • Equipment malfunction or misuse
  • Interaction with other participants in a shared, open-bay environment, including errant shots from adjacent bays

You acknowledge that these risks may result in serious injury, permanent disability, or death, and you voluntarily assume all such risks.

3. Assumption of Risk

You knowingly and voluntarily assume all risks, both known and unknown, associated with use of the facility, equipment, presence on the premises, and participation in any activities at Unbound Golf.

4. Release of Liability

To the fullest extent permitted by law, you hereby release, waive, and discharge Unbound Golf LLC and its owners, members, managers, employees, contractors, agents, affiliates, successors, and assigns (“Released Parties”) from any and all claims, demands, liabilities, damages, or causes of action arising out of or related to:

  • Personal injury or death
  • Property damage or loss
  • Including claims related to the Released Parties' ordinary negligence, as allowed by New Jersey law.

This release applies regardless of whether such claims arise from participation in activities or mere presence on the premises.

5. Covenant Not to Sue

You agree that you will not bring any claim, lawsuit, or legal action against the Released Parties for any matter covered by this Agreement.

6. Indemnification

You agree to indemnify, defend, and hold harmless the Released Parties from and against any and all claims, damages, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of:

  • Your use of the facility
  • The use of the facility by anyone in your booking party
  • Any violation of this Agreement
  • Any damage or injury caused by you or your guests

7. Responsibility for Guests

If you reserve or book on behalf of others, you agree that:

  • You are fully responsible for all individuals included in your reservation
  • You will inform all participants of the risks and rules of the facility
  • You accept full responsibility for their conduct and safety
  • You are financially responsible for any damage caused by any participant

All individuals in your party are deemed to have accepted the terms of this Agreement.

Unbound Golf reserves the right to require individual waivers at any time.

8. Unattended Facility Use

You acknowledge that the facility may be accessible during unstaffed or member-only hours, and you agree that:

  • You assume full responsibility for your own safety
  • You are responsible for the conduct and safety of your group
  • You will use all equipment properly and responsibly

9. Equipment Use & Damage

You agree to:

  • Use all equipment only as intended
  • Follow all posted safety rules and instructions
  • Maintain a safe environment for yourself and others

You agree to be financially responsible for any damage to:

  • Simulator systems
  • Screens, projectors, or sensors
  • Facility fixtures or furnishings

caused by you or your guests.

10. Surveillance & Security

You acknowledge and consent that:

  • The facility is monitored by video surveillance
  • Recording may occur in all areas except restrooms

Footage may be used for:

  • Safety monitoring
  • Rule enforcement
  • Investigation of incidents or damage

11. Conduct & Rules

You agree to comply with all:

  • Posted rules and guidelines
  • Instructions provided by Unbound Golf
  • Applicable laws and regulations

Unbound Golf reserves the right to:

  • Refuse service
  • Remove individuals from the premises
  • Suspend or revoke access

for any unsafe, disruptive, or inappropriate behavior.

12. Alcohol & Substances

You may bring and consume your own alcoholic beverages, including beer, wine (including standard-size wine bottles for group sharing), and similar ready-to-drink beverages during staffed public hours only. Alcohol is strictly prohibited during any unstaffed periods.

Hard liquor, full-size bottles of spirits, and mixed drinks prepared outside the facility are strictly prohibited.

Unbound Golf reserves the right to limit quantities and determine, at its sole discretion, whether beverages comply with this policy.

By doing so, you agree that:

  • You are solely responsible for your consumption of alcohol and the conduct of your guests
  • You will comply with all applicable laws and regulations, including not providing alcohol to minors
  • You will not use the facility or equipment in an unsafe manner
  • You will not use simulator equipment while impaired

You acknowledge and agree that:

  • Unbound Golf does not provide or serve alcohol
  • Unbound Golf does not assume responsibility for monitoring individual alcohol consumption
  • You assume all risks associated with alcohol consumption by you or your guests

You agree to indemnify, defend, and hold harmless the Released Parties from any claims, damages, liabilities, or expenses (including attorneys' fees) arising from alcohol consumption by you or your guests.

Unbound Golf reserves the right to refuse service, remove any individual, or terminate access at any time if a person appears intoxicated or is behaving in an unsafe or disruptive manner.

13. Personal Property

Unbound Golf is not responsible for loss, theft, or damage to personal property brought onto the premises.

14. Health & Fitness Representation

You represent that:

  • You are physically able to participate in golf-related activities
  • You have no medical condition that would make participation unsafe

If a participant is under the age of 18, a parent or legal guardian must accept this Agreement on their behalf. The parent or legal guardian assumes full responsibility for the minor's safety, conduct, and compliance with this Agreement, including any injury or damage caused by the minor.

Unbound Golf expects minors to act responsibly and follow all rules and safety guidelines. Unbound Golf reserves the right to restrict or deny access to any minor who is unable to do so.

15. Modifications & Facility Changes

Unbound Golf reserves the right to:

  • Modify hours of operation
  • Change pricing or policies
  • Restrict access during events or maintenance

16. Termination of Access

Unbound Golf may suspend or terminate access at any time for violation of:

  • This Agreement
  • Facility rules
  • Applicable laws

17. Governing Law

This Agreement shall be governed by the laws of the State of New Jersey, and any disputes shall be resolved in New Jersey courts.

18. Severability

If any provision of this Agreement is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.

19. Acknowledgment

By accepting this Agreement, you represent that you are at least 18 years of age, or that you are a parent or legal guardian authorized to accept this Agreement on behalf of any minor participant and acknowledge that:

  • You have read and understand its contents
  • You understand you are giving up substantial legal rights
  • You voluntarily agree to all terms
  • You understand that this is a legally binding waiver of liability and that you are giving up the right to bring claims, including claims based on negligence