WAIVER, RELEASE AND INDEMNITY AGREEMENT

This agreement (“Agreement”) is entered into between: Tee Box LLC (“Owner”) and ____________________ (“Customer”), (collectively “the Parties”).  

WHEREAS, the Owner owns a mobile golf simulator that it rents out to Customers; and 

WHEREAS, the Customer has agreed to rent the golf simulator for a period of ____ days at a cost of $_____ per day; and

WHEREAS, Customer agrees to waive and enter into this Release as to any liability on the part of the Owner; and

WHEREAS, Customer agrees to indemnify Owner and/or its agents; and

WHEREAS, Customer agrees to return the golf simulator to the Owner in the same condition as first rented, normal wear and tear expected, and agrees to be financially responsible to repair any damage to the golf simulator; and

WHEREAS, the Parties have agreed, subject to the terms and conditions set forth above and below, that Owner will rent the golf simulator to Customer.

            NOW, THEREFORE, THE PARTIES AGREE AS FOLLOWS:

1. Waiver and Release by Customer. In consideration for the promises and agreements set forth in this Agreement, Customer unconditionally and absolutely releases and forever discharges Owner, including its parent and subsidiary corporations, officers, directors, shareholders, employees, agents, members, insurers, successors and assigns (collectively “Releasees”), from any damages, claims, actions, and demands whatsoever, including but not limited to attorney’s fees, costs and interest, whether known or unknown arising from this Agreement. 

 

2. Indemnification and Defense Agreement. Customer agrees to waive, release, protect, defend, indemnify, and hold harmless Owner against any and all damages, claims, actions, and demands whatsoever, including but not limited to personal injuries, property damages, death, attorneys’ fees, costs, and interest, whether known or unknown arising from this Agreement.

 

3. Customer’s Obligation to Return Golf Simulator in Good Working Order. In consideration for the promises and agreements set forth in this Agreement, Customer agrees that it will return the golf simulator to the Owner in the same condition as first rented, normal wear and tear expected.  Customer further agrees to be financially responsible to repair any damage to the golf simulator.

 

4. No Admission of Liability. The Parties expressly acknowledge, understand and agree that nothing contained in this Agreement constitutes or shall be construed to constitute an admission of liability by or against any Party.

 

5. Other Agreements. This Agreement replaces and supersedes any and all prior agreements between Owner and Customer. 

 

6. Voluntary Nature of Agreement. By signing this Agreement, each Party acknowledges and agrees that they have been advised to consult with an attorney before signing this Agreement, that they have had the opportunity to do so, that they have read and fully understand the terms of this Agreement, and that they have freely and voluntarily entered into and executed this Agreement.

 

7. Severability. Should any provision of this Agreement be determined to be invalid or unenforceable, its invalidity or unenforceability shall not render any other provision unenforceable or invalid.

 

8. Costs and Fees. The Parties agree that each Party shall bear their own costs and fees related to the drafting of this Agreement.  However, Customer will be responsible for any costs and fees incurred by the Owner as set forth in Paragraphs 1 and 2 of this Agreement. 

 

9. Choice-of-Law and Venue. This Agreement is made and performable in Idaho and shall be governed by and construed in accordance with the laws of the state of Idaho without regard or reference to choice or conflict of laws, except the normal rule of construction that ambiguities shall be construed against the drafter shall not be employed in the interpretation of this Agreement. The Parties agree to subject themselves to the exclusive jurisdiction of the state and federal courts in Idaho in any proceedings arising out of, or relating to, this Agreement and any transactions contemplated hereby or enforcement of any judgment relating thereto.

 

10. Authorized to Sign. By signing below, each signatory warrants that they have the requisite capacity and authority to enter into this Agreement on behalf of the Party they purport to represent. 

 

11. Counterparts. This Agreement may be executed in any number of counterparts, each of which shall be deemed an original, but all of which shall constitute one and the same instrument, and electronically transmitted copies of the executed original versions of this Agreement shall be accepted in the same manner as the original signed Agreement. 

 

IT IS HEREBY AGREED:

 

Tee Box LLC (“Owner”)                                          __________________ (“Customer”)  

 

 

By: ___________________________                       By: ______________________________

            Josh Kinghorn

Title:   Member                                                           Title: ____________________________

Dated:  ________________________                       Dated:  __________________________

 

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