LEGAL
PARTICIPANT AGREEMENT, ASSUMPTION OF RISK,
RELEASE OF LIABILITY AND FACILITY RULES
For use of the 24/7 private indoor golf simulator facility, waiver MUST be completed by EVERY adult for your reservation.
Agreement and Participant Eligibility
In consideration of being permitted to enter or use the premises, golf simulator, hitting bay, technology, equipment, furnishings, access-control system, parking and related areas operated by Borderline Golf LLC (collectively, the "Facility"), I agree as follows. "Activities" means all use of or presence at the Facility, whether I am the booking customer, a member, a guest, an observer, a parent or guardian, or otherwise present.
I represent that I am at least eighteen (18) years old and legally competent to sign for myself. If I am signing as a parent or legal guardian, the separate Minor Participant section applies. I understand that each adult participant and guest must accept this Agreement individually before entering or participating.
Released Parties
The "Released Parties" are Borderline Golf LLC and its past, present and future members, managers, owners, officers, employees, agents, contractors, affiliates, successors, assigns, insurers, landlords, property owners, lessors, equipment and technology providers, and each of their respective representatives, to the extent they are acting in connection with the Facility or Activities
Acknowledgment and Assumption of Risks
I understand that indoor golf and presence in an unattended, self-service recreational facility involve inherent and other risks that may cause property damage, serious bodily injury, permanent disability, paralysis or death. Risks include, without limitation:
- Being struck by a golf club, golf ball, flying club head, broken equipment, ricochet or rebound from the impact screen, enclosure, wall, ceiling, floor, furnishings or another object;
- Unsafe swings, practice swings outside the designated hitting area, another person's swing, standing too close to a player, hitting before the bay is clear, or entering another player's swing path;
- Slips, trips and falls involving turf, hitting mats, flooring transitions, cables, furniture, bags, clubs, balls, liquids, debris, parking areas, entrances or exits;
- Muscle strains, sprains, joint injuries, overexertion, aggravation of a medical condition, loss of balance, collision, or improper warm-up or technique;
- Equipment, software, electrical, lighting, door-access, Internet, projector, computer, simulator or security-system malfunction, failure or misuse;
- Acts or omissions of other participants, guests, minors, trespassers or third parties, including negligence;
- Fire, severe weather, power interruption, criminal activity, delayed discovery of an emergency, delayed access by emergency responders, or the absence of on-site staff; and
- Other risks that are unknown, not obvious or not reasonably foreseeable at this time.
I knowingly and voluntarily accept and assume all risks of the Activities, whether known or unknown, inherent or otherwise, including risks arising from my conduct, the conduct of others, the condition of the premises or equipment, and the NEGLIGENCE of any Released Party, to the fullest extent permitted by law.
Health, Fitness and Personal Responsibility
I am responsible for deciding whether I am physically and mentally able to participate safely. I will not participate while impaired by alcohol, cannabis, illegal drugs, medication, exhaustion, illness or any condition that makes safe participation doubtful. I will stop immediately if I experience pain, dizziness, shortness of breath, weakness or other distress. I understand that Borderline Golf LLC does not provide medical screening, instruction, supervision, security personnel or on-site emergency care merely by allowing access to the Facility.
RELEASE OF LIABILITY AND COVENANT NOT TO SUE
EXPRESS NEGLIGENCE RELEASE
TO THE FULLEST EXTENT PERMITTED BY KENTUCKY LAW, I RELEASE, WAIVE AND FOREVER DISCHARGE THE RELEASED PARTIES FROM ALL CLAIMS, DEMANDS, CAUSES OF ACTION, DAMAGES, LOSSES, COSTS OR LIABILITIES FOR PERSONAL INJURY, DEATH OR PROPERTY DAMAGE ARISING FROM OR RELATED TO THE FACILITY OR ACTIVITIES, INCLUDING CLAIMS CAUSED IN WHOLE OR IN PART BY THE NEGLIGENCE OF A RELEASED PARTY, WHETHER ORDINARY OR GROSS, INCLUDING NEGLIGENT PREMISES MAINTENANCE, EQUIPMENT SELECTION OR MAINTENANCE, WARNING, SECURITY, ACCESS CONTROL, SUPERVISION, TRAINING, EMERGENCY RESPONSE, HIRING OR RETENTION.
I covenant not to sue or bring a claim against a Released Party for any matter released above. This release applies to me and, to the extent legally permitted, my spouse, family, estate, heirs, personal representatives, successors and assigns. This Agreement does not release claims based on willful or wanton misconduct, intentional misconduct, or any liability that Kentucky law does not permit to be waived.
Indemnification
To the fullest extent permitted by law, I will defend, indemnify and hold harmless the Released Parties from third-party claims, damages, losses, fines, costs and reasonable attorney fees arising from: (a) my breach of this Agreement or Facility Rules; (b) my negligent, reckless, intentional or unlawful conduct; (c) damage or injury I cause; or (d) the conduct of a person I knowingly admit or allow into the Facility without completing the required waiver or authorization. This obligation does not require me to indemnify a Released Party for that party's willful or wanton misconduct or intentional misconduct.
Facility Rules
I will comply with all posted rules, booking terms, safety instructions and the following requirements. Borderline Golf LLC may suspend or terminate access, remove persons from the Facility, charge for damage, or contact law enforcement when reasonably necessary.
1. Authorized access only. I may enter only during my valid reservation or authorized membership period. I will not enter early, remain after my time, prop open a door, bypass access controls, admit unregistered persons or permit tailgating.
2. Keep access credentials private. Door codes, PINs, links and credentials may not be shared, posted, forwarded or reused by anyone not authorized for the reservation.
3. Every adult must accept this Agreement. I will not bring or admit an adult guest unless that guest has individually completed the required waiver. I understand that I cannot waive another adult's rights.
4. Minors require authorization and supervision. Every person under eighteen (18) must have a parent or legal guardian complete the Minor Participant section and must remain under continuous, responsible adult supervision. Minors may not be left alone in the Facility.
5. Occupancy limit. No more than six (6) people may be inside the studio for one reservation unless Borderline Golf LLC provides prior written approval.
6. One golfer swings at a time. Only the active golfer may be in the hitting area. All others must remain safely behind and outside the swing zone. No practice swings may be taken outside the designated hitting area.
7. Confirm the bay is clear. Before every swing, the golfer must verify that no person, club, bag, ball, chair or other object is within the swing path or likely ball path.
8. Use suitable equipment. Only clean, dry, uncracked white golf balls and clean clubs may be used. No colored, marked, scuffed, cut, muddy or wet balls; metal spikes; damaged clubs; thrown objects; or equipment not intended for simulator play.
9. No horseplay or misuse. Running, fighting, throwing clubs, intentionally striking walls or ceilings, climbing on the enclosure, swinging at people, reckless play and other dangerous conduct are prohibited.
10. Do not move or tamper with systems. I will not touch, relocate, cover, disconnect, reset, repair or alter the TrackMan unit, projector, computer, monitor, cameras, sensors, wiring, access-control equipment, network equipment or other installed systems unless expressly instructed by Borderline Golf LLC.
11. Food, drinks and substances. No glass containers. Food and drinks must remain in designated areas and away from electronics, turf and hitting equipment. Smoking and vaping are prohibited. Illegal drugs are prohibited. Alcohol is permitted only if expressly allowed by current Facility policy and law; intoxication and unsafe participation are always prohibited.
12. Respect the Facility. I will use furnishings and equipment only as intended, keep exits clear, clean up all trash and spills, return moved personal-use items, and promptly report damage, unsafe conditions, injury, access problems or equipment malfunction.
13. Emergency conduct. In an emergency, I will stop play, call 911 when appropriate, follow posted evacuation information, leave through the nearest safe exit and contact Borderline Golf LLC. I will not delay emergency care while attempting to reach the business.
14. End the session safely. At the end of the reservation I will stop play promptly, remove all personal property and guests, follow posted shutdown instructions, ensure the door closes and locks, and not interfere with the next reservation.
15. No unauthorized commercial activity. Coaching, paid instruction, resale of access, events, gambling, filming for commercial use and other business activity require prior written permission from Borderline Golf LLC.
Guests and Booking-Customer Responsibility
If I make or control a reservation, I am the responsible booking customer. I will identify all guests, communicate the Facility Rules, confirm that every adult has accepted this Agreement, and confirm that each minor has the required parent or guardian authorization before entry. I am responsible for access-code security and for charges resulting from damage, extraordinary cleaning, unauthorized occupancy, overstaying or rule violations caused by me or persons I admit, to the extent permitted by law. Each participant remains individually responsible for that person's own conduct.
Property Damage and Payment Authorization
I will promptly report damage and will not attempt unauthorized repairs. To the extent permitted by applicable payment-card rules and the booking terms, I authorize Borderline Golf LLC to charge the payment method associated with my reservation for documented repair or replacement cost, extraordinary cleaning, locksmith or access-control expense, and other direct loss caused by my violation or by persons I admit. I remain responsible for amounts not successfully charged. Normal wear and damage caused solely by a Released Party's willful or wanton misconduct are excluded.
Personal Property
I am responsible for my clubs, electronics, vehicles and other property. Borderline Golf LLC does not accept custody of personal property and is not responsible for loss, theft or damage except to the extent liability cannot lawfully be excluded. Items left behind may be handled under the Facility's then-current lost-property policy.
24/7 Video and Audio Monitoring; Privacy Notice
NOTICE AND CONSENT TO RECORDING
The Facility, including entrances, the simulator room and common areas, is monitored and recorded twenty-four (24) hours a day by security video and, if enabled and lawful, audio. There are no cameras in restrooms or other areas where recording is legally prohibited. By entering or remaining in the Facility after receiving this notice, I knowingly consent to such monitoring and recording.
Recordings may be used for safety, access verification, incident investigation, loss prevention, rule enforcement, customer support, insurance and legal purposes. They may be reviewed or disclosed to Borderline Golf LLC personnel and service providers with a need to know, property owners, insurers, attorneys, emergency responders, law enforcement, courts, or others when reasonably necessary or legally required. Recordings are not authorized for advertising or public promotional use without separate permission. Retention periods may vary based on system capacity, operational needs, an incident, a preservation request or legal requirements.
I have no expectation of privacy in monitored areas. I will inform everyone I seek to admit that the Facility is recorded and will not admit any person who has not received the recording notice and completed any required consent. I will not obstruct, disable or tamper with any camera or recording system.
Emergency Assistance and Medical Authorization
I authorize Borderline Golf LLC and others, without undertaking a duty to do so, to contact emergency services and provide reasonably available information if they become aware of a suspected emergency. I consent to emergency evaluation and treatment deemed reasonably necessary by responding professionals if I am unable to consent. I am responsible for related medical and transportation costs. I understand that the Facility is normally unattended and that cameras or remote systems are not guaranteed to be watched live or to detect an emergency.
Minor Participants - Parent or Legal Guardian
KENTUCKY MINOR NOTICE
This section does not claim to waive a minor child's rights that cannot legally be waived by a parent or guardian. It documents informed permission, risk acknowledgment, supervision obligations, emergency consent, the adult's own release, and responsibility for the minor's conduct to the fullest extent permitted by law.
If a minor will participate, I represent that I am the minor's parent or court-appointed legal guardian and have authority to authorize participation and emergency care. I have reviewed the risks and rules with the minor in an age-appropriate manner. I voluntarily permit the minor to enter and participate, accept responsibility for continuous and competent adult supervision, and will remove the minor if safe behavior cannot be maintained.
On my own behalf only, I release and covenant not to sue the Released Parties for my individual or derivative claims arising from the minor's participation, including claims for my own emotional distress, loss of services or consortium, and medical expenses for which I personally may claim recovery, to the fullest extent permitted by Kentucky law and subject to the same exclusions stated above. I agree to pay for property damage caused by the minor's conduct and to indemnify the Released Parties for third-party claims caused by the minor's intentional or unlawful conduct, but only to the extent permitted by law. Nothing in this Agreement is intended to indirectly extinguish a claim belonging solely to the minor where Kentucky law prohibits that result.
Governing Law, Venue, Severability and Entire Agreement
Kentucky law governs this Agreement, without regard to conflict-of-law principles. Any lawsuit arising from this Agreement or the Activities shall be filed in a state or federal court having jurisdiction in or over Simpson County, Kentucky, unless applicable law requires otherwise. If a provision is held invalid or unenforceable, it shall be enforced to the maximum lawful extent and severed or narrowed without invalidating the remaining provisions. This Agreement, the Facility Rules, posted safety rules and applicable booking terms are the complete agreement concerning the subjects addressed here. A waiver of one breach is not a waiver of another. Electronic signatures and records are intended to have the same effect as originals. Headings are for convenience and do not limit the text.
Prohibited Substances
Strict no-smoking, no-drugs, and no-alcohol policy within the facility. Violation results in immediate access termination.
Equipment Use
Only clean golf balls and soft spikes allowed. Trackman sensors must not be touched or moved by guests.
Cleanliness
Maintain studio etiquette by clearing personal items and trash. Leave the bay in the same condition as you found it.