3. Assumption of Risk — Golf instruction and simulator use involve risks that cannot be eliminated without changing the activity. Those risks include being struck by a ball, club, or equipment fragment, including ricochets; injury from a swing in a confined bay; slips, trips, falls, and overuse injuries; equipment or software malfunction; exertion that may aggravate a medical condition; and negligence of other people who do not follow bay rules. I knowingly assume all such risks, known and unknown, even if arising from the ordinary negligence of the Released Parties, to the fullest extent permitted by Florida law.
4. Release of Liability — In consideration of being allowed to take lessons and use the simulator, I, for myself and my heirs, release, waive, discharge, and covenant not to sue Cape Coral Golf Academy, its owners, officers, directors, employees, instructors, independent contractors, volunteers, landlords, affiliates, and agents (the Released Parties) from claims arising out of injury, disability, death, or property damage in connection with lessons, simulator play, or presence on the premises, including claims based on ordinary negligence, to the maximum extent allowed by Florida law. This release does not apply to gross negligence or willful or wanton misconduct where prohibited by law.
5. Indemnification — I agree to indemnify, defend, and hold harmless the Released Parties from claims, costs, or attorney’s fees arising from my acts or omissions, or those of the minor participant, including failure to follow Facility rules or instructor directions, or from any claim brought by or on behalf of the participant.
6. Rules and Conduct — The participant will follow posted rules and staff instructions. Swing only from the designated mat, facing the screen, when the bay is clear and it is the participant’s turn. Do not walk in front of a player addressing the ball. Keep guests behind the hitting line. Use only Facility-approved balls. Do not throw clubs or strike the screen, projector, sensors, or walls. Wear closed-toe athletic or golf shoes. No metal spikes. Report any injury, damage, or unsafe condition immediately. No horseplay. Children who are not hitting must stay seated or with a supervising adult outside the swing path. Alcohol, drugs, and impairment are prohibited during lessons and active simulator play. The Facility may end a session at any time for safety.
7. Medical Authorization — I certify that the participant is physically able to take golf lessons and use a simulator. I will tell the instructor about any relevant injury, disability, or medical condition before each session. If the participant is injured, I authorize the Facility to obtain emergency medical care. I am responsible for all medical costs. The Facility does not provide medical or accident insurance.
8. Photo and Video — Lessons and simulator sessions are often recorded for swing analysis. My choice is marked below. No student contact information will be published.
9. Property Covered — Part B covers damage to Facility property, including screens, impact liners, projectors, cameras, launch monitors, sensors, tees, mats, computers, tablets, TVs, speakers, Facility clubs, balls, training aids, furniture, lighting, walls, ceilings, and floors. The student’s own clubs and belongings remain the student’s responsibility. The Facility is not the insurer of personal equipment.
10. Care of Equipment — The student will use Facility property only as instructed, swing only from the designated mat toward the screen, never strike the screen or equipment with a club, use only Facility-approved simulator balls, return loaned clubs at the end of the session, report damaged equipment before using it, and keep food and drinks off mats, consoles, and sensors.
11. Responsibility for Damage — Simulator screens, projectors, and launch monitors are expensive and can be ruined by a single mishit or thrown club. I agree to pay the Facility’s reasonable cost to repair or replace any Facility property lost, stolen, or damaged by the student, or by a guest the student brings, through misuse, horseplay, failure to follow instructions, or other negligence. Ordinary wear from proper use is not charged. Damage from a Facility equipment failure the student did not contribute to is not charged. The Facility will describe the damage, estimate the cost, and invoice the adult student or parent. Payment is due within 14 days unless a written plan is agreed. The Facility may withhold future lessons or simulator time until the balance is paid.
12. Billing Authorization — I authorize Cape Coral Golf Academy to charge the repair or replacement amount to the card or account on file, or to bill me at the email or address on file. If no card is on file, I will pay by a method the Facility accepts. This covers damage under this Agreement on the date signed and on future visits unless I revoke it in writing. Revocation does not cancel amounts already owed.
14. Acknowledgment and Governing Law — I have read this Agreement, I understand it, and I sign it freely. I am giving up substantial legal rights, including the right to sue, and I accept financial responsibility for damage described in Part B. No staff member may alter these terms except in a writing signed by an authorized representative of Cape Coral Golf Academy. This Agreement is governed by Florida law. Any dispute shall be brought in the state courts of Lee County, Florida. If any provision is unenforceable, the rest stays in effect.