BUZZ FACTORY LLC. WAIVER OF LIABILITY
1. CHECK-IN: When you arrive at the Buzz Factory LLC. for your golf simulator reservation, please first check in at the bar to alert the staff of your arrival. You may receive assistance and additional instructions as needed. Guests under 21 years of age are not allowed inside the facility between the hours of 9pm – 7am.
2. CANCELLATION: All reservations may be cancelled until 24 hours prior to your reservation time. Cancellations processed less than 24 hours prior to your reservation time are NONREFUNDABLE. If you do not arrive by 20 minutes after the start of your reservation time, you will
be considered a ‘No Show’ and will forfeit the remainder of your reservation time. You will not receive a refund if you are a ‘No Show’. Please call the Buzz Factory at 574-242-0213 to alert the staff if you are running late. For help cancelling, modifying, or for any questions regarding your reservation, you may e-mail or call the Buzz Factory at
[email protected] or 574-242-0213. Convenience fees are not refundable and will remain as a charge on the credit card.
3. WAIVER: You, and your party, understand that your use of the Buzz Factory LLC golf simulator, as well as your use of the entire Buzz Factory LLC venue, premises, and parking lot (all owned and operated by Buzz Factory LLC.) will be undertaken at your sole risks. You agree that you, and your party, are voluntarily participating in activities and using the golf simulator, venue and premises (including the parking lot) and you, and your party, assume all risk of injury, illness, damage or loss to you or your property that might result, including, without limitation, any loss or theft of any personal property. You, and your party, agree that Buzz Factory LLC, its affiliates, subsidiaries, officers, directors, employees, and agents (“Buzz Factory LLC Parties”) will not be liable for any claims, demands, injuries, damages, actions or causes of action whatsoever in respect of you or your property (including lost or damaged personal possessions) (collectively, “Claims”), arising out of or connected with the use of any of the services and/or venues owned and/or operated by Buzz Factory LLC. You expressly release and discharge the Buzz Factory LLC and Live A Little Productions Parties from all such Claims except to the extent any Claims result directly from any negligence on the part of one or more of the Buzz Factory LLC. Parties.
4. SAFETY: By making use of Buzz Factory LLC venues, including the Buzz Factory LLC. Golf Simulator, you, and your party, agree to abide by the following safety rules, as well as other safety rules posted at the venue and/or online:
• Obey all verbal and posted rules and instructions. Use common sense to protect yourself and others.
• Members and guests must hit from the mat. No running starts or other movement that would move your feet from the mat during your swing are allowed.
• Only the player taking a turn is allowed near or on the mat. All other guests must stand behind the carpeted area at all times until their turn to hit. Members and guests are responsible for the safety of others around them and should always check their surroundings before swinging a club.
• Aim for the screen at all times. Hitting golf balls anywhere other than the screen is prohibited, and guests are responsible for damages or injuries caused by any balls hit outside of the screen and padded bay area.
• Always maintain control of golf clubs while swinging. Members and customers are responsible for being aware of others standing in proximity and for safely controlling golf clubs while swinging. Members and customers who release the golf club while swinging and cause property damage or injury are wholly responsible for full replacement costs of damaged property including installation and are also responsible and liable for injury to other members, customers, guest, and Buzz Factory staff.
• Throwing golf balls is prohibited.
• Only dispense and hit one golf ball at a time.
• Guests under 16 should be supervised by an adult when playing. Guests under the age of 21 are not allowed inside the facility between the hours of 9pm – 7am.
• All Members and guests must stay behind green carpeted area at all times while not swinging.
Tee Time required
• 24 hours cancellation time preferred. Please call ahead if you need to change your tee time.
• Golf shoes or running shoes are fine but NO METAL SPIKES.
• Guests acknowledge the Buzz Factory LLC is under video surveillance. Tampering with camera system or damaging equipment by not following procedures in the guidelines will result in financial compensation being paid to Buzz Factory LLC.
• Guests and members acknowledge that photography and/or video may be recorded and used for promotional purposes without compensation.
• If you bring your own clubs, please make sure club faces are clean before play.
• Keep food and drinks at the provided tables. No food or drink allowed on simulator platforms.
• Players are responsible for the equipment inside the simulators. No swinging clubs outside of the simulators swing area for safety reasons.
• Before you swing any club, check your surroundings (monitor, other players etc.) to ensure no one or obstacle is within your range of swing.
• Be aware of your backswing and follow through at all times.
• Your shot must be directed forward.
• Swinging should always take place on hitting area of the mat.
• Practice swings must be done on hitting area of the mat.
• Be alert of where you stand or walk and stay out of someone’s range of swing.
• Report any accidents immediately.
Only Guests 21+ are permitted to consume alcohol. Excess consumption of alcohol by any player or guest is not permitted. Providing alcohol to a minor under the age of 21 is strictly prohibited, and will be reported to local authorities.
Guests are financially responsible for any damage caused by failure to follow the directions of the Rules and Guidelines. Failure to abide by any of the above procedures may result in cancellation of the remainder of your paid simulator time without compensation.
5. VIOLATION OF POSTED RULES AND REGULATIONS: All Participants and guests are subject to compliance with any rules and regulations of Buzz Factory LLC. that may be posted from time to time at the venue and/or online. In the event that a Participant fails to comply with said rules and regulations, Buzz Factory LLC. may (1) ask you to immediately cease participating in Golf Simulator Activities (2) ask you to immediately leave the premises (3) suspend or ban you from future use of the Golf Simulator and/or from entering the premises. Buzz Factory LLC. reserves the right to amend or alter these rules and regulations at any time in our sole discretion. All amendments to these rules and regulations shall be effective immediately.
6. INJURIES: You will immediately report any accident or injury suffered in the Golf Simulator or on any Buzz Factory LLC. premises to a staff person via in person, email, or phone call, and you will provide a written report from your doctor within a reasonable time, if requested by Buzz Factory LLC.
7. ALCOHOL: Participant agrees to exercise ordinary and 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 any injury to Participant due to Participant’s consumption of alcohol. Participant assumes the risks associated with alcohol consumption and takes full responsibility for Participant’s own actions, safety and welfare. Providing alcohol to a minor under the age of 21 is strictly prohibited, and will be reported to local authorities.
8. MODEL & POSTING RELEASE: I irrevocably grant Buzz Factory LLC and Live A Little Productions Inc., the right to photograph, videotape, and/or record me and/or my child/ward and to use my or my child’s/ward’s name, face, likeness, voice and appearance in connection with exhibitions, publicity, advertising, and promotional materials without reservation or limitation. When you post Content on social media sites, you hereby grant The Buzz Factory LLC and Live A Little Productions Inc. a temporary license to broadcast it. Thus, upon posting Content, you grant to The Buzz Factory LLC and Live A Little Productions Inc. a limited license to transmit, use, modify, publicly perform, publicly display, reproduce, and distribute such Content solely on and through the Service. The license you grant to The Golf Factory LLC and Live A Little Productions Inc. is non-exclusive (meaning you can also license your Content to anyone else), fully paid and royalty-free (meaning that The Buzz Factory LLC and Live A Little Productions Inc. is not required to pay you for the use of the Content you post) and this license is worldwide. This license exists as long as the Content remains posted on social media sites.