PLEASE READ AND SUBMIT OUR STANDARD SAFETY WAIVER CAREFULLY. By checking the box, you are giving up legal rights.
This Waiver, Release, Hold Harmless, and Indemnification (Agreement) is entered into by Adult Participant on his/her behalf, anyone within his/her party, and/or as the parent or legal guardian of Child Participant(s), in favor of Elevation Golf, LLC (Elevation Golf Club). Collectively and severally, Adult Participant, Party Members and Child Participant, their heirs, successors, and assigns are referred to as Participant. In consideration of Elevation Golf Club allowing Participant to enter the Premises and participate in the Activities at 4137 121st Street, Urbandale, IA 50323 (Premises), Participant agrees as follows:
1. NATURE OF THE ACTIVITIES. Elevation Golf Club operates an indoor golf simulator, short game experience and fitness center that offers Participants the ability to participate, actively or passively, in golf related activities, including, but not limited to, simulator games such as golf range, golf courses, golf related mini games and non-golf related mini games and non-simulator golf activities in the Short Game Area, including, but not limited to, chipping, putting and sand bunker shots. Participants may also participate, actively or passively, in non-golf activities, including, but not limited to, darts, pool, ping pong, and usage of workout equipment (all collectively, Activities).
2. RISKS ASSOCIATED WITH ACTIVITIES. Participant acknowledges there are inherent risks in and injuries that may occur from participating in the Activities, including, but not limited to, (1) injury from flying objects, such as a golf club, a broken golf club, a swung golf club, a ping pong paddle, a pool ball, a pool stick, and/or a golf ball; (2) tripping on customers’ personal property, such as a golf bag, a backpack, a purse, a golf club, and/or a jacket; (3) tripping on Elevation Golf Club’s furniture or surfaces, such as the elevated surface associated with the boot, a barstool, a pool/ping pong table, and a couch; (4) falling off a barstool; (5) injury from another customer breaching the rules within this document, such as swinging a golf club outside the Hitting Floor or Short Game Area, hitting a golf ball outside the Hitting Floor or Short Game Area; (5) injury from Adult Participant, or anyone in their group, breaching the rules stated here. (6) Equipment malfunction, defective design or manufacture of equipment; (7) improper or negligent installation of equipment, negligent maintenance of equipment, (8) cuts, bruises, muscle strains, twisted or sprained ankles, knees, shoulders, or wrists; (9) burns; (10) dirt or other materials in eye; (11) concussions; (12) broken bones; (13) physical or emotional injuries; (14) erratic co-participant behavior; (15) collisions with standards and supports; (16) using improper form or technique; (17) slipping, falling, or tripping; (18) error of judgment by employees; (19) paralysis, disability, or death; (20) personal injury to third persons; or property damage. Due to the nature of the Activities, there are more hazards and risks than the foregoing, and there are also unknown and unforeseeable hazards.
3. ASSUMPTION OF RISK. Notwithstanding the risks and the safety measures implemented by Elevation Golf Club, Participant acknowledges it is impossible to eliminate all risk of injury. PARTICIPANT AFFIRMS THAT PARTICIPATION IN THE ACTIVITIES IS VOLUNTARY AND KNOWINGLY, WITH UNDERSTANDING OF THE RISKS AND POTENTIAL INJURIES, ASSUMES ALL RISKS INHERENT WITH THE ACTIVITIES.
4. RELEASE. TO THE FULLEST EXTENT PERMITTED BY LAW, ADULT PARTICIPANT ON HIS/HER BEHALF, ANYONE IN THEIR GROUP, AND THAT OF CHILD PARTICIPANT, RELEASES ELEVATION GOLF CLUB, THE PREMISES OWNER, AND THEIR INSTALLERS, MANUFACTURERS, PARENTS, AFFILIATES, SUBSIDIARIES, OFFICERS, DIRECTORS, SHAREHOLDERS, MEMBERS, MANAGERS, PARTNERS, AGENTS, EMPLOYEES, REPRESENTATIVES, AND INSURERS (COLLECTIVELY, PROTECTED PARTIES) FROM ALL CLAIMS. “CLAIM” MEANS ALL INJURIES, LIABILITIES, DAMAGES, DEMANDS, CAUSES OF ACTION, AND MEDICAL EXPENSES (INCLUDING ATTORNEY’S FEES AND COURT COSTS) RELATING TO, RESULTING FROM, OR ARISING OUT OF OR ALLEGED TO HAVE ARISEN OUT OF (IN WHOLE OR IN PART) BODILY INJURY (INCLUDING DEATH) TO PARTICIPANT DUE TO PARTICIPAN’TS (A) USE OF THE PREMISES, (B) ACTIVE OR PASSIVE PARTICIPATION IN THE ACTIVITIES, OR (C) CONSUMPTION OF ALCOHOL AT THE PREMISES OR THAT OF AN INVITEE. THIS RELEASE SHALL NOT APPLY IF THE CLAIM IS CAUSED BY THE WILLFUL OR RECKLESS MISCONDUCT OR GROSS NEGLIGENCE OF ELEVATION GOLF CLUB.
5. INDEMNITY. TO THE FULLEST EXTENT PERMITTED BY LAW, ADULT PARTICIPANT SHALL INDEMNIFY AND DEFEND THE PROTECTED PARTIES FROM ANY CLAIMS, ANY SUM PAID TO OR ON BEHALF OF ANY PARTICIPANT IN SETTLEMENT OF A CLAIM, AND ALL CLAIMS RELATED TO THE INSUFFICIENCY OF PARTICIPANT’S CAPACITY TO EXECUTE THIS AGREEMENT.
6. ALCOHOL. Participant agrees to exercise reasonable care and to not consume alcohol to the extent Participant’s judgment is impaired. Participant understands the potential risks associated with the consumption of alcohol and acknowledges Participant does not have and is not aware of any medical condition that would result in an injury to Participant due to the related consumption. Participant assumes the risks associated with alcohol consumption and takes full responsibility for Participant’s own actions, safety, and welfare.
7. REPRESENTATIONS BY PARTICIPANT. Participant represents to the following to the Protected Parties:
A. Participant shall obey all rules while participating in the Activities and alert the staff of any rules violations or dangerous behavior. This includes, but it not limited to:
a. Only one person may be on the Hitting Floor at a time. The “Hitting Floor” is described as the boxed area between your assigned simulator screen and your designated individual simulator seating opposite the simulator screen.
b. While occupying the Hitting Floor, your body parts and associated equipment shall always remain within the Hitting Floor area.
c. Proper spacing between participants shall be maintained in the Short Game Area. The “Short Game Area” is descried as the ungulated chipping and putting green.
d. Sand bunker and Chipping shots taken in the Short Game Area shall only be taken towards designated wall(s) and Participant must insure the direction of the shot is free and clear of other participants.
e. Any Elevation Golf Club or Participant equipment used in the Facility shall only be used for their intended purposes, used on the Hitting Floor, Short Game Area or Gym Area and stored on the Hitting Floor, Short Game or Gym Area while in use.
B. Participant possesses a sufficient level of skill and physical fitness for safe participation in the Activities.
C. Participant shall only attempt Activities that Participant can perform safely.
D. Participant is not aware of any health problems that would prevent him/her from participating in the Activities.
E. Elevation Golf Club may, but shall not be obligated or required to, administer to Participant emergency aid, CPR, and use a defibrillator, secure emergency medical care or transportation, and Participant shall assume all costs of emergency medical care and transportation.
F. Participant shall discontinue participation in the Activities if Participant feels any faintness, shortness of breath, high anxiety, or chest pains.
9. DAMAGE TO EQUIPMENT. Whether maliciously, with intent, or negligently, Participant agrees, along with anyone in their party, to be fully and financially responsible for any and all acts that causes damage to any and all equipment within the confines of Elevation Golf Club, at the sole discretion of Elevation Golf Club. This includes, but is not limited to, damage to the actual simulators, hitting mats and floor, hitting screens, bay walls, computer monitors, bay bar tops and stools, golf equipment (such as golf clubs, etc.), bar tops and stools, club furniture, gym equipment, ping pong and pool tables, the physical building and anything attached, etc.
8. LICENSE. Participant grants the Protected Parties in perpetuity the right to use all or a portion of an image/video of Participant and their name and likeness in all forms and media including composite or modified representations for all purposes, including advertising, trade or commercial purpose. PARTICIPANT WAIVES THE RIGHT TO INSPECT OR APPROVE VERSIONS OF IMAGES/VIDEOS OR THE WRITTEN COPY USED IN CONNECTION THEREWITH. PARTICIPANT RELEASES THE PROTECED PARTIES FROM ANY CLAIMS THAT MAY ARISE REGARDING THE USE OF PARTICIPANT’S STATEMENTS, VIDEOS, OR IMAGES.
9. AUTHORITY. If Adult Participant checks the box on this Agreement on behalf of anyone in his party, his/her spouse, Child Participant, family member, friend, or other person, Adult Participant warrants to Elevation Golf Club that he/she has the actual and implied authority to do so.
10. ACKNOWLEDGMENTS. Participant represents to Elevation Golf Club that he/she is voluntarily entering into this Agreement and there are no oral agreements or representations that are not set forth herein. This Agreement may only be modified in writing. Participant agrees that this Agreement is intended to be as broad and inclusive as is permitted by applicable law and that if any portion hereof is held invalid, the balance shall continue in full force and effect. By checking the box to book a tee time, Adult Participant authorizes Elevation Golf Club to communicate with him/her via email with updates, news, advertisements, and offers.
BY EXECUTING THIS AGREEMENT, I REPRESENT I HAD SUFFICIENT OPPORTUNITY TO HAVE READ, AND UNDERSTAND THIS AGREEMENT AND AGREE TO BE BOUND AS SET FORTH HEREIN. I AM ALSO AWARE THAT BY EXECUTING THIS AGREEMENT, I AM WAIVING CERTAIN LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE ELEVATION GOLF CLUB FOR DAMAGES STEMMING FROM NEGELIGENT ACTS, AS DESCRIBED ABOVE.
Effective date: September 23rd, 2025
