waiver and release of liability

I hereby acknowledge and agree to the following terms and conditions as a condition of my use of the indoor golf simulator facilities provided by Bay State Golf Club (Charles Ashland LLC). I understand that using the golf simulator involves certain inherent risks, including but not limited to, the risk of physical injury and property damage. In consideration for being allowed to use the indoor golf simulator, I agree to the following:

1. Assumption of Risk:

I acknowledge that I am voluntarily using the indoor golf simulator and that I am aware of the risks involved. I understand that these risks may include, but are not limited to, the risk of physical injury, equipment malfunction, property damage, and other potential hazards.

2. Release of Liability:

I hereby release and discharge Charles Ashland LLC, its owners, employees, agents, and representatives from any and all liability, claims, demands, actions, or causes of action, both at law and in equity, arising out of or related to any loss, damage, or injury that may occur while using the indoor golf simulator, including any claims for negligence, premises liability, or breach of warranty.

3. Indemnification:

I agree to indemnify and hold harmless Charles Ashland LLC from any and all claims, liabilities, costs, and expenses, including reasonable attorney's fees, arising out of or related to my use of the indoor golf simulator.

4. Medical Consent:

I hereby consent to any medical treatment that may be required in the event of injury, accident, or illness while using the indoor golf simulator, and I agree to bear all costs associated with such treatment.

5. Compliance with Rules:

I agree to abide by all rules and instructions provided by Charles Ashland LLC for the safe and proper use of the indoor golf simulator.

6. Photographic Release:

I grant Charles Ashland LLC the permission to use my likeness in photographs or videos taken during my use of the indoor golf simulator for promotional purposes.

7. Severability:

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

By agreeing, I acknowledge that I have read and understand this waiver and release of liability, and I voluntarily agree to its terms and conditions.