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Simulator-Pickleball Terms and Conditions

HD GOLF + MULTISPORT SIMULATOR/PICKLEBALL PARTICIPANT WAIVER AND RELEASE OF LIABILITY

By reading this document and clicking the box to agree to the terms and conditions you will waive certain legal rights, including the right to sue.

 In consideration of the opportunity to use the Kellan Restaurant Management, dba 54th Street Restaurant & Drafthouse (the company) HD Golf + Multisport Simulator and/or Pickleball Courts and related equipment and components, I hereby agree to the following Waiver and Release of Liability (Agreement):

  1. Waiver and Release of Liability: My participation use of the building, (collectively games) is voluntary and subjects me to the possibility of physical injury (which could be minimal, serious, and/or result in death) and loss of or damage to my property (collectively, Risks). It is also reasonably foreseeable that my careless or reckless use of the building and Games will result in damage thereto. Accordingly, I agree to the following:

a. I hereby release and hold harmless the Company, its officers, directors, employees, agents, volunteers, and contractors (collectively, Releasees) from any claim, demand, loss, liability, damages, and attorney fees and costs whatsoever arising from, related to, or resulting from these Risks, including those caused by the negligent acts or omissions of any or all of the Releasees.

b. I recognize the physical exertion involved in the use of the building and Games and attest and certify that I am physically fit to participate safely, and I have not been advised otherwise by a health care professional.

c. As between each of the Releasees and me, I will be solely responsible for any and all medical and related bills that I may incur because of any injury, as well as costs related to loss or damage to my property, that I may sustain as a result of my participation in the Games, including those sustained on the premises where the Games are conducted and while I am traveling to and from such premises, regardless of the location or mode of transportation.

d. I will be personally liable for any and all damage to the building and Games caused by my careless, reckless or intentional actions.

e. This Agreement shall be binding on my estate, heirs, executors, administrators, successors, and assigns, as well as any other party asserting a Claim on my behalf or on behalf of my estate.

  1. General Provisions:

a. I hereby expressly agree that (1) this Agreement shall be governed and construed according to the laws of the state of Missouri without regard to its conflict of laws provisions and (2) any action or proceeding concerning any Claim or the meaning or effect of any provision of the Agreement shall be conducted only in the state courts located in Platte County, Missouri and that for such purposes, I expressly submit to the jurisdiction of such courts.

b. This Agreement contains the entire understanding between and among the parties concerning these matters. No waiver, modification, or amendment of any of the terms of this Agreement shall be effective unless made in writing and signed by the party to be charged.

c. I hereby expressly agree that if any portion of this Agreement is held invalid, the balance of the Agreement shall nonetheless continue in full legal force and effect.

A Note on Dogs: Kellan Restaurant Management, dba 54th Street Restaurant & Drafthouse requires the owner or individual in possession of a dog which is on the property of 54th Street Restaurant & Drafthouse as an invitee and shall keep at all times the dog in the following manners:

  1. Firmly secured by means of a collar and chain or other device (leash), so that it cannot stray beyond the premises on which it is secured.
  2. Under the reasonable control of some person, preferably the owner, at all times.
  3. Confined exclusively to the patio and pickleball court areas and not allowed inside the building.
  4. Responsible for picking up any poop and disposing in the nearest trash bin.
  5. Management reserves the right to deny access to any dog or other animal at any time with the exception of a service animal as long as they are under the control of the handler at all times.

**If any of the above terms regarding dogs are violated, the owner(s) and dog(s) will be required to leave the premises immediately.

By reading this document and clicking the box to agree to the terms and conditions before making the reservation, I warrant that I have read and understand that this Agreement involves my waiver and release of significant rights and my assumption of significant indemnification responsibilities in participating in the Event.

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