CLUBHOUSE 54 – PARTICIPANT WAIVER, RELEASE OF LIABILITY, ASSUMPTION OF RISK, AND INDEMNIFICATION AGREEMENT
PLEASE READ THIS DOCUMENT CAREFULLY BEFORE SIGNING. THIS IS A LEGALLY BINDING AGREEMENT THAT AFFECTS YOUR LEGAL RIGHTS AND RELEASES CERTAIN PARTIES FROM LIABILITY.
In consideration of being permitted to access the premises, utilize the simulator bays, practice facilities, putting greens, equipment, tracking technology, and/or participate in golf lessons, coaching programs, clinics, club fittings, or any other activities (collectively, the "Activities") provided by or held at Clubhouse 54, along with Michael Little, PGA, and their respective owners, members, managers, officers, employees, independent contractors, instructors, agents, and affiliates (collectively referred to as the "Releasees"), the undersigned Participant (or Participant’s parent/legal guardian if under 18 years of age) hereby acknowledges and agrees as follows:
1. Assumption of Inherent Risks
I understand and acknowledge that engaging in golf instruction, simulator play, putting practice, club fittings, and physical training involves inherent risks of property damage, illness, and serious bodily injury. These risks include, but are not limited to:
Being struck by golf balls, errant shots, ricochets off bay enclosures, walls, floors, or tracking equipment.
Being struck by golf clubs swung by myself or other patrons/guests.
Equipment malfunctions, broken clubheads, or broken shafts.
Muscle strains, sprains, tears, joint injuries, back injuries, eye injuries, and other physical trauma resulting from physical exertion, rotational force, trips, slips, or falls on artificial turf, putting surfaces, mats, or flooring.
Exposure to audio/visual displays, high-speed optical cameras, laser tracking, radar launch monitors (e.g., TrackMan, Uneekor, Quintic Ball Roll), and strobe/infrared light sources.
I VOLUNTARILY, FREELY, AND EXPRESSLY CHOOSE TO INCUR AND ASSUME ALL RISKS, known and unknown, associated with my presence at Clubhouse 54 and participation in the Activities, even if arising from the negligence of the Releasees or others.
2. Release of Liability and Covenant Not to Sue
I, on behalf of myself, my heirs, executors, administrators, personal representatives, and next of kin, HEREBY FULLY AND FOREVER RELEASE, WAIVE, DISCHARGE, AND AGREE NOT TO SUE Clubhouse 54, Michael Little, PGA, and all other Releasees from any and all claims, demands, losses, suits, damages, or liabilities of any kind, whether direct, indirect, special, or consequential, arising out of or related to any loss, damage, injury, illness, paralysis, or death that I may sustain while participating in any Activities or while on the premises of Clubhouse 54, WHETHER CAUSED BY THE NEGLIGENCE OF THE RELEASEES OR OTHERWISE, to the fullest extent permitted by law.
3. Indemnification and Hold Harmless
I agree to DEFEND, INDEMNIFY, AND HOLD HARMLESS the Releasees from any and all claims, demands, liabilities, costs, expenses, and reasonable attorneys' fees incurred as a result of:
My presence on the premises or participation in any Activities;
Any damage to Clubhouse 54 property, hitting screens, turf, putting greens, tracking systems, or cameras caused by my intentional, reckless, or negligent conduct or violation of facility rules;
Any injury or property damage caused by me to any third party, fellow guest, or instructor while at the facility.
4. Physical Condition and Medical Treatment Authorization
I certify that I am physically fit and capable of participating in strenuous physical exercise and golf-related activities, and that I have no medical condition that would make my participation dangerous to myself or others. In the event of an emergency, injury, or medical event, I authorize Clubhouse 54 staff to secure emergency medical treatment on my behalf, and I agree to bear full financial responsibility for all associated medical and transportation costs.
5. Facility Rules and Simulator Bay Safety
I agree to abide strictly by all posted rules, verbal directions, and safety policies established by Clubhouse 54 and its instructors, including but not limited to:
One Golfer at a Time: Only the designated golfer may stand inside the designated hitting zone. All other guests/spectators must remain behind the designated safety line at all times.
Practice Swings: Practice swings must only be taken inside designated hitting areas, facing the screen, and only after verifying the swing path is clear of people and obstructions.
Club and Footwear Requirements: Clean, non-marking athletic or spikeless golf shoes must be worn. Clean clubs and clean, unmarked golf balls must be used to protect hitting screens and sensor arrays.
Sobriety: Anyone exhibiting signs of intoxication or disruptive conduct will be removed immediately without refund.
6. Media and Video Analysis Consent (Optional / Standard Facility Practice)
I acknowledge that high-speed cameras, video analysis software (such as CoachNow, Quintic Ball Roll, and launch monitor cameras) are routinely utilized for instructional and facility monitoring purposes. I consent to having my swing, practice session, and presence recorded for instructional, safety, and operational purposes. (Photos or videos intended for public marketing or social media will only be used with separate, explicit participant permission).
7. Severability and Governing Law
This Agreement shall be governed by and construed in accordance with the laws of the Commonwealth of Pennsylvania, without giving effect to any principles of conflicts of law. If any provision or term of this Agreement is deemed invalid, illegal, or unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect.
ACKNOWLEDGMENT OF UNDERSTANDING
BY SIGNING BELOW, I CERTIFY THAT I AM AT LEAST 18 YEARS OF AGE, HAVE CAREFULLY READ THIS AGREEMENT IN ITS ENTIRETY, FULLY UNDERSTAND ITS TERMS, AND UNDERSTAND THAT I AM GIVING UP SUBSTANTIAL LEGAL RIGHTS (INCLUDING THE RIGHT TO SUE FOR NEGLIGENCE). I SIGN IT FREELY AND VOLUNTARILY WITHOUT ANY INDUCEMENT OR DURESS.

