Take a Swing — Quick Waiver
Before you tee off ⛳
Quick waiver, then you're up. It takes about 30 seconds and enters you in today's raffle.
The short version: Golf involves swinging clubs and flying balls, so you're playing at your own risk. Follow the crew's directions, keep kids supervised, and have fun. The full terms are below. Please read them before you sign.
BNKR GOLF SIM LLC RELEASE OF LIABILITY, WAIVER OF CLAIMS, ASSUMPTION OF RISKS & INDEMNITY AGREEMENT — PUBLIC EVENTS
Governing Law: State of Illinois
This Release Agreement ("Agreement") is entered into by the undersigned participant ("Releasor") in connection with participation in golf simulator activities ("Activity") provided by BNKR Golf Sim LLC ("Releasee") at public and community events, a mobile golf simulator service operating in the Chicagoland area, Illinois.
1. Agreement to Follow Directions
I agree to observe and obey all posted rules, signage, and warnings at the event. I further agree to follow any oral instructions or directions given by BNKR Golf Sim LLC employees, representatives, or agents. Failure to follow instructions may result in removal from the activity.
2. Certification of Physical Fitness
I certify that I have not been advised against participating in this Activity by a qualified medical professional. I certify that I have no health-related reasons or physical conditions that preclude my participation. I understand that golf simulator activities involve physical movement including swinging, bending, and standing for extended periods, and I confirm I am physically capable of participating safely.
3. Specific Assumption of Risks
Illinois law requires that waivers clearly and explicitly identify the specific risks being assumed. By signing this Agreement, I acknowledge and voluntarily assume ALL risks associated with the Activity, including but not limited to:
Being struck by golf balls, golf clubs, or other equipment during play
Slips, trips, and falls on or around the simulator area, inflatable tent, or event surface
Muscle strains, sprains, or other injuries resulting from swinging golf clubs
Injury from inflatable tent structures, projector equipment, or simulator hardware
Property damage caused by golf balls, clubs, or inflatable structures
Injury resulting from the actions of other participants or spectators
Environmental conditions including uneven terrain, outdoor weather, or lighting
Any other risks that may arise from participation in golf simulator activities
I recognize these risks have the potential to cause serious harm, including permanent injury or death, to myself and others, as well as property damage and loss. I hereby assume ALL such risks, including any risks that may arise from the ordinary negligence or carelessness of Releasee.
4. Waiver and Release of Claims
On behalf of myself, my executors, administrators, heirs, next of kin, successors, and assigns, I hereby release and forever discharge BNKR Golf Sim LLC and its affiliates, successors, assigns, officers, owners, employees, representatives, partners, and agents (collectively, "Released Parties"), in their individual and/or corporate capacities, from any and all causes of action, claims, demands, losses, or damages of any nature, known or unknown, which I may have against any Released Party arising out of or relating to any injury, loss, or damage to person or property sustained as a result of my participation in the Activity.
This release covers claims arising from ordinary negligence of the Released Parties. This release does NOT cover claims arising from gross negligence, willful and wanton misconduct, or conduct that violates Illinois public policy.
5. Indemnification
I agree to indemnify and hold harmless BNKR Golf Sim LLC and all Released Parties against any and all claims, actions, lawsuits, damages, judgments, and attorney's fees arising out of or relating to my participation in the Activity, or the participation of any minor child for whom I am responsible.
6. Equipment Damage
I agree to pay for all damages to equipment, technology, and property owned by BNKR Golf Sim LLC caused by any negligent, reckless, or willful actions by me or members of my party. This includes but is not limited to the launch monitor, projector, screen, inflatable tent, golf clubs, and any related accessories.
7. Minor Children — Important Illinois Notice
Under Illinois law, a parent or guardian CANNOT waive or release a minor child's right to bring a future claim for injury. (Meyer v. Naperville Manner, Inc., 262 Ill.App.3d 141 (2d Dist. 1994).) If a minor child is participating in the Activity:
This waiver does NOT release claims on behalf of any minor child.
Minors under 18 may participate only while a parent or guardian who has signed this Agreement is present and directly supervising them.
The undersigned adult accepts personal responsibility for supervising any minor children in their care during the Activity.
BNKR Golf Sim LLC reserves the right to require additional documentation or to limit participation by minors at its discretion.
This section reflects Illinois-specific law. Parents and guardians should be aware that signing this waiver does not extinguish a minor's independent legal rights under Illinois law.
8. Marketing Consent
I consent to BNKR Golf Sim LLC collecting and using my contact information and event photos/video for marketing purposes, including promotional emails, social media posts, and advertising materials. I understand I may opt out at any time by contacting BNKR Golf Sim LLC directly at info@bnkrgolfsim.com.
9. Governing Law, Severability & Dispute Resolution
This Agreement shall be governed by and interpreted in accordance with the laws of the State of Illinois. Any disputes arising under or relating to this Agreement shall be resolved in Cook County, Illinois.
If any provision of this Agreement is found to be invalid or unenforceable under Illinois law, such provision shall be construed or applied in a manner that permits maximum enforcement. All remaining provisions shall continue in full force and effect.
The parties agree to attempt good-faith resolution of any dispute before initiating formal legal proceedings. If litigation is necessary, the prevailing party shall be entitled to reasonable attorney's fees.
10. Acknowledgment of Understanding
I confirm that:
I have read this entire Agreement carefully before signing.
I understand that this is a legally binding document and that I am giving up substantial rights by signing it.
I am signing this Agreement freely and voluntarily, without duress or coercion.
I am 18 years of age or older. Participants under 18 do not sign this form. They may participate only under the direct supervision of a parent or guardian who has signed
I have had the opportunity to ask questions and seek legal counsel before signing.
By typing my full legal name and submitting this form, I acknowledge that my typed name constitutes my electronic signature and carries the same legal weight as a handwritten signature. I confirm that I have read, understood, and agree