TEXAS RELEASE, WAIVER OF LIABILITY, ASSUMPTION OF RISK, AND INDEMNITY AGREEMENT

Scroll to the bottom of the page to sign. PLEASE READ THIS DOCUMENT CAREFULLY. BY SIGNING, YOU ARE GIVING UP YOUR LEGAL RIGHT TO SUE.
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1. ACKNOWLEDGMENT AND ASSUMPTION OF RISK
I understand and acknowledge that the use of a mobile golf simulator, golf clubs, and golf balls, and participation in the Activity, involves inherent risks, hazards, and dangers, which may include, but are not limited to: being struck by a golf club or golf ball, physical injury, head injury, broken bones, paralysis, and even death; slips, trips, or falls on or around the hitting platform, the mobile unit (trailer/vehicle), or the surrounding ground; and injuries caused by equipment failure, malfunction, or misuse.
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I VOLUNTARILY CHOOSE TO PARTICIPATE in the Activity and FULLY UNDERSTAND AND ASSUME ALL RISKS, whether known or unknown, foreseen or unforeseen, associated with the Activity and the use of the Company’s equipment.
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2. TEXAS WAIVER AND RELEASE OF LIABILITY (EXPRESS NEGLIGENCE DOCTRINE)
I, FOR MYSELF, AND ON BEHALF OF MY HEIRS, EXECUTORS, ADMINISTRATORS, PERSONAL REPRESENTATIVES, AND ASSIGNS, HEREBY RELEASE, WAIVE, AND FOREVER DISCHARGE BOMB BAYS LLC, ITS OWNERS, MEMBERS, EMPLOYEES, AGENTS, OFFICERS, DIRECTORS, AND AFFILIATES (COLLECTIVELY, THE “RELEASED PARTIES”) FROM ANY AND ALL CLAIMS, DEMANDS, LOSSES, LIABILITY, DAMAGES, AND CAUSES OF ACTION OF ANY KIND, INCLUDING BUT NOT LIMITED TO CLAIMS FOR PERSONAL INJURY, PROPERTY DAMAGE, WRONGFUL DEATH, OR ANY OTHER LOSS OR DAMAGE, WHICH ARISE OUT OF OR ARE RELATED TO MY PARTICIPATION IN THE ACTIVITY,
THIS RELEASE INCLUDES CLAIMS BASED ON THE RELEASED PARTIES' OWN ORDINARY NEGLIGENCE. THE INTENT OF THIS AGREEMENT IS TO RELEASE BOMB BAYS LLC FROM THE CONSEQUENCES OF ITS OWN NEGLIGENCE, TO THE FULLEST EXTENT PERMITTED BY THE LAWS OF THE STATE OF TEXAS.
(NOTE ON GROSS NEGLIGENCE): Texas law is unsettled as to whether a pre-injury waiver can release claims for Gross Negligence. Out of an abundance of caution, I acknowledge and agree that I also waive any claims for Gross Negligence against the Released Parties, to the fullest extent permitted by Texas law.
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3. TEXAS INDEMNIFICATION AGREEMENT
I AGREE TO INDEMNIFY, DEFEND, AND HOLD HARMLESS THE RELEASED PARTIES AGAINST ANY AND ALL CLAIMS, ACTIONS, SUITS, PROCEDURES, COSTS, EXPENSES, DAMAGES, AND LIABILITIES (INCLUDING ATTORNEY’S FEES) BROUGHT BY ANY PERSON OR ENTITY, INCLUDING MYSELF OR ANY THIRD PARTY, WHICH ARISE OUT OF OR RESULT FROM MY ACTS, CONDUCT, OR NEGLIGENCE DURING MY PARTICIPATION IN THE ACTIVITY. THIS INDEMNIFICATION INCLUDES, BUT IS NOT LIMITED TO, CLAIMS ARISING FROM THE RELEASED PARTIES' OWN ORDINARY NEGLIGENCE, TO THE FULLEST EXTENT PERMITTED BY TEXAS LAW.
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4. RULES AND CONDUCT & DAMAGES
I agree to abide by all safety rules and instructions provided by Bomb Bays LLC staff and posted at the simulator area. I accept full financial responsibility for any damage to the Company’s equipment or property (e.g., screens, mats, clubs, mobile unit) caused by my negligence, misuse, or failure to follow instructions.
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5. GOVERNING LAW AND VENUE
I agree that this Agreement shall be governed by and construed in accordance with the laws of the State of Texas. Any legal suit, action, or proceeding arising out of or relating to this Agreement shall be instituted in the appropriate court in Bexar County, Texas, and I irrevocably submit to the exclusive jurisdiction of such courts.SIGNATURE AND DATE (CONSPICUOUSNESS REQUIREMENT)
I HAVE READ THIS TEXAS RELEASE, WAIVER OF LIABILITY, ASSUMPTION OF RISK, AND INDEMNITY AGREEMENT, I UNDERSTAND ITS TERMS, I ACKNOWLEDGE THAT I AM GIVING UP SUBSTANTIAL LEGAL RIGHTS FOR MYSELF AND MY HEIRS, AND I SIGN IT FREELY AND VOLUNTARILY WITHOUT ANY INDUCEMENT OR ASSURANCE.