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Liability Waiver

Please read and complete the form below before using the facility.
This Liability Waiver & Release of Claims (“Agreement”) is entered into by and between Palmetto Swings LLC (“Palmetto Swings,” “we,” “us,” or “our”) and the undersigned participant and, if applicable, the participant’s parent or legal guardian (“Participant” or “you”).

By booking a session, entering the facility, or using any Palmetto Swings equipment, you agree to the terms of this Agreement.

1. Acknowledgment of Risks
You understand and acknowledge that:
  • Palmetto Swings is an indoor, single‑bay golf studio using Trackman iO technology and golf equipment.
  • Golf activities involve inherent risks, including but not limited to being struck by golf balls or clubs, slips, trips, falls, equipment malfunction, and collisions with walls, screens, furniture, or other persons.
  • Physical activity may cause or aggravate injuries, including strains, sprains, fractures, and other serious injury or health events.
  • The facility is accessible 24/7 by code, and you are responsible for your own safety and the safety of any guests you bring.
You understand that these risks can result in property damage, personal injury, or death, and you voluntarily choose to participate despite these risks.

2. Assumption of Risk
You knowingly and freely assume all risks, both known and unknown, associated with:
  • Hitting golf balls, swinging clubs, and using the Trackman iO system;
  • Moving around the bay and common areas;
  • Bringing and supervising any guests, including minors;
  • Using the facility without on‑site staff present.
You accept full responsibility for your own safety and for any guests you invite into the facility.

3. Release of Liability
To the fullest extent permitted by law, you hereby release, waive, and discharge Palmetto Swings LLC, its owners, members, managers, employees, contractors, and agents from any and all claims, demands, causes of action, damages, losses, or liabilities of any kind, whether known or unknown, arising out of or related to:
  • Your use of the Palmetto Swings facility, equipment, or services;
  • The use of the facility, equipment, or services by any guests you bring;
  • Any injury, illness, or property damage occurring in or around the facility.
This release applies to claims based on ordinary negligence. It does not apply to claims based on gross negligence, willful misconduct, or where otherwise prohibited by law.

4. Indemnification
You agree to indemnify, defend, and hold harmless Palmetto Swings LLC and its owners, members, managers, employees, contractors, and agents from and against any and all claims, damages, losses, costs, and expenses (including reasonable attorneys’ fees) arising out of or related to:
  • Your use of the facility, equipment, or services;
  • The use of the facility, equipment, or services by any guests you bring;
  • Your violation of this Agreement or any posted rules or instructions.

5. Facility Rules & Code Access
You agree to:
  • Use only the bay and time slot you have booked.
  • Keep all swings and shots directed toward the screen and within the hitting area.
  • Ensure only one person swings a club at a time.
  • Not allow food or drink in the hitting area where it may damage equipment or create slip hazards.
  • Not tamper with, damage, or misuse any Palmetto Swings equipment, including Trackman iO hardware, screens, cameras, or access systems.
  • Keep your door and bay access codes private and not share them publicly.
Palmetto Swings LLC may revoke access or terminate sessions without refund if you or your guests violate these rules or behave in a way that is unsafe or damaging to the facility.

6. Health & Physical Condition
You represent that:
  • You are physically able to participate in golf and related activities; and
  • You are not aware of any medical condition that would make participation unsafe.
You are responsible for consulting with a physician before participating if you have any concerns about your health or physical condition.

7. Minors
If you bring any minors to the facility:
  • You are solely responsible for supervising them at all times.
  • You agree that minors will not swing clubs or use equipment unless properly supervised and permitted under Palmetto Swings' policies.
  • If you are signing on behalf of a minor, you represent that you are the minor’s parent or legal guardian and that you accept this Agreement on their behalf.

8. Personal Property
You understand that Palmetto Swings LLC is not responsible for loss, theft, or damage to any personal property you or your guests bring into the facility.

9. Video & Monitoring
You understand and agree that:
  • The facility may use video cameras and monitoring systems for safety, security, and operational purposes.
  • Video or images may be reviewed in the event of damage, safety incidents, or rule violations.

10. Agreement & Governing Law
You agree that:
  • This Agreement is intended to be as broad and inclusive as permitted by the laws of the state in which Palmetto Swings LLC operates.
  • If any portion of this Agreement is held invalid, the remaining provisions shall continue in full force and effect
  • This Agreement shall be governed by and construed in accordance with the laws of the State of South Carolina, without regard to its conflict of law rules.


     

Acknowledgement & Signature

By signing below (or by electronically agreeing through Palmetto Swings' online booking or waiver system), you acknowledge that you have read this Agreement, understand its terms, and agree to be bound by it. You understand that you are giving up substantial legal rights, including the right to sue for certain claims.

Birthday
Month
Day
Year

If Participant is under 18:


I am the parent or legal guardian of the minor named below and I agree to this Liability Waiver & Release of Claims on their behalf.

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