Simmies Golf Release & Waiver of Liability

Effective Date: [Add date when policy is published]

Notice to participant

Please read this Release carefully. It affects your legal rights, including your right to sue. By electronically accepting this Release, by checking the acceptance box in the Simmies app, by tapping "I agree," or by entering or using any Simmies Golf facility, you waive substantial legal rights and assume risks of physical injury, including risks that may not be obvious.

You are not required to sign this Release. If you do not agree to its terms, do not check the acceptance box and do not enter any Simmies facility.

1. Acknowledgment & Assumption of Risk

Participant ("you," "your") understands that participation in indoor golf simulator activities at any Simmies Golf facility involves inherent risks, including but not limited to:

Slips, trips, and falls on flooring, mats, or equipment
Muscle strain, joint injury, repetitive-motion injury, and overexertion
Being struck by golf balls, clubs, club-head debris, or equipment in motion
Equipment malfunction including launch monitor, projector, screen, computer, smart lock, lighting, or HVAC failure
Delayed emergency response due to the unmanned nature of the facility
Exposure to other participants' conduct
Other foreseeable and unforeseeable risks that may result in injury, illness, property damage, permanent disability, or death

You voluntarily and knowingly assume all such risks, including risks arising from the ordinary negligence of Simmies Golf Co., its members, employees, contractors, vendors, landlords, agents, and operators, except where prohibited by Illinois law or where such loss results from Simmies' gross negligence or willful misconduct.

2. Unsupervised & Automated Facility

You acknowledge and agree that Simmies Golf facilities operate 24 hours a day, 7 days a week, without on-site staff present. Access is controlled by automated systems including smart-lock entry, session-coded door access, automated bay lighting, automated simulator start-up, and remote monitoring via security cameras in common areas.

Emergency assistance may be delayed. In a medical or facility emergency, dial 911 immediately.
The Simmies support number posted in each bay is for operational support, not emergency response.
Door access is conditional and time-limited to your booking window.
You are responsible for your own safety, including avoiding intoxicated use and exiting the facility if you feel unsafe.

3. Medical Fitness Representation

By accepting this Release you represent that you are physically fit to engage in indoor golf simulator activities, have not consumed alcohol or any substance that would impair your judgment or coordination, and are not impaired by medication in a way that affects safe equipment use.

4. Alcohol and Impairment Policy

You may not enter or use Simmies facilities while visibly intoxicated or impaired.
You may not consume alcohol or controlled substances in a manner inconsistent with applicable law.
You are responsible for the conduct of any guests you bring under your booking.
Simmies may terminate any session for evidence of impairment-related conduct, with no refund, and may ban the account.

5. Security Cameras

Simmies uses security cameras in common areas for safety, security, loss prevention, incident investigation, and rules enforcement. Cameras are not installed in restrooms. Footage may be retained for 30-90 days, longer if needed for an active investigation, insurance claim, or legal matter.

6. Recording, Streaming, and Use of Likeness

You may record or stream your own session within your booked bay for personal or non-commercial use, provided you do not record any other participant, employee, or contractor without their consent. Simmies does not use security footage for marketing, social media, or other promotional purposes without your express written consent.

7. Release of Liability

To the fullest extent permitted by Illinois law, you release, discharge, and covenant not to sue Simmies Golf Co., its members, owners, employees, contractors, vendors, agents, and successor entities from claims arising out of or related to your facility use, including claims based on ordinary negligence, except where the loss is caused by gross negligence or willful misconduct.

8. Covenant Not to Sue

You agree not to initiate, support, or assist any legal action, claim, or proceeding against any Released Party related to your use of any Simmies facility, except where such waiver is prohibited by law.

9. Indemnification

You agree to indemnify, defend, and hold harmless the Released Parties from claims arising from:

Your conduct at the facility
Your misuse of equipment
Your violation of facility rules, this Release, or applicable law
The actions of any guest you bring under your booking
Damage to facility property, equipment, or fixtures caused by you or your guests

10. Guest and Minor Policy

Every individual entering under your booking must be added through the Simmies app and must accept this Release before entry. Minors under 18 are permitted only when accompanied by and under direct supervision of a parent, legal guardian, or adult age 21 or older who is the booking owner. See the Guest Policy.

11. Property Damage and Cleaning

You are financially responsible for damage you or your guests cause to facility property, equipment, fixtures, flooring, screens, projectors, simulators, or smart-lock hardware.

12. Personal Equipment

You assume all risk for personal equipment you bring, including golf clubs, bags, shoes, range finders, electronic devices, and personal belongings. Simmies is not responsible for loss, theft, or damage.

13. Accessibility

Simmies is committed to providing accessible bay access where physically possible. If you have an accommodation need, contact accessibility@simmiesgolf.com before booking so we can confirm whether the facility can accommodate your needs.

14. Governing Law and Venue

This Release is governed by Illinois law. Any legal action shall be brought exclusively in the state or federal courts located in the Illinois county where the facility in question is located.

15. Severability

If any provision is held unenforceable, the remaining provisions remain in full force and the unenforceable provision will be reformed to the maximum extent permitted by law.

16. Entire Agreement

This Release, together with the Simmies Terms of Service, Privacy Policy, Cancellation & Rescheduling Policy, and Guest Policy, constitutes the entire agreement between you and Simmies regarding facility use.

17. Electronic Signature

By accepting electronically, you acknowledge that you have read and understand this Release, had the opportunity to consult an attorney, are accepting voluntarily, and your electronic acceptance has the same legal force and effect as a handwritten signature.