Participation Waiver and Release of Liability
Please read the waiver below carefully. If you're bringing guests, you are responsible for ensuring they complete the guest waiver. A signature is required before participating. 

This Participation Waiver and Release of Liability (the "Waiver") is entered into by the undersigned individual ("Signer") in favor of Lofty's, LLC, doing business as Lofty's Indoor Golf. its owners, directors, officers, employees, agents, contractors, affiliates, and any related entities (collectively, "Lofty's").

The Signer affirms that they are either:

  • The participant named below (“Participant”), or

  • The parent or legal guardian of the minor participant(s) listed below.


1. ASSUMPTION OF RISK

The Signer acknowledges and understands that entering, visiting, participating in, or using Lofty’s Indoor Golf Sims and its facilities involves inherent risks, including but not limited to personal injury, property damage, or death. These risks include, but are not limited to: injuries from errant golf shots; contact with ceilings, lights, fixtures, or mounted equipment due to swing height or follow-through; risks associated with taller guests or participants and/or steep swing paths; equipment malfunctions or failure, including misuse of facility-provided golf balls, use of unsafe or damaged clubs, or use of visibly cracked or defective golf balls; slips, falls, and physical exertion.

By signing this Waiver, the Signer voluntarily assumes all risks associated with entry, visitation, participation, or use of the facility.


2. RELEASE AND WAIVER OF LIABILITY
To the fullest extent permitted by law, the Signer hereby releases, waives, and forever discharges Lofty’s, LLC, doing business as Lofty’s Indoor Golf, its owners, directors, officers, employees, agents, contractors, affiliates, and related entities (collectively, “Lofty’s”), from any and all liability, claims, demands, causes of action, costs, or expenses, including attorneys’ fees, arising out of or related to any loss, injury, or damages sustained while entering, visiting, participating in, or using the facility.

3. INDEMNIFICATION
The Signer agrees to indemnify, defend, and hold harmless Lofty’s from any claims, demands, liabilities, or damages, including reasonable attorneys’ fees, that may arise from the Signer’s actions, negligence, or misconduct while entering, visiting, participating in, or using the facility.

4. RULES AND CODE OF CONDUCT
Participant agrees to abide by all rules and policies established by Lofty's, including but not limited to:

  • Swinging of any kind is prohibited outside of the simulator bay.
  • No running, horseplay, or reckless behavior within the facility.
  • Respect for other participants and staff members.
  • Children must be supervised at all times.
  • No hard liquor is allowed on our premises.
  • For the full list of Rules and Code of Conduct, please visit:  https://www.playloftys.com/rules-safety

Participants are responsible for any damage they cause to Lofty's property or equipment.
Failure to comply with these rules may result in suspension or termination of facility access without refund.

5. HEALTH AND SAFETY
Participant confirms that they are physically able to participate and do not have any medical conditions that would put them or others at risk. In the event of an injury, Participant consents to Lofty's seeking emergency medical treatment on their behalf, if necessary... but is not obligated to do so. Participant agrees to bear all costs associated with such treatment.

6. PHOTO/VIDEO RELEASE
Participant grants Lofty's the right to use photographs or video recordings taken at the facility for promotional, marketing, or instructional purposes without compensation.

7. MINOR PARTICIPANTS
By listing minor(s) and checking the box on this waiver, I certify that I am the parent or legal guardian of each named minor and I accept all terms of this waiver on their behalf. I understand that I am waiving certain legal rights for each minor listed, including the right to sue for injuries or damages.

8. GUEST RESPONSIBILTY
The Signer acknowledges that if they bring any guests, they are solely responsible for ensuring that their guests complete the required waiver prior to entering, visiting, participating in, or using the facility. The Signer may be held liable for any injuries, damages, or violations of facility rules caused by guests who have not completed the waiver. 

9. GOVERNING LAW
This Waiver shall be governed by and construed in accordance with the laws of the State of Florida. Any disputes arising under this Waiver shall be resolved in the appropriate courts of Florida.

10. AUDIO AND VIDEO RECORDING
I acknowledge and consent that Lofty's may record audio and video within the facility for security, safety, operational monitoring, and performance review purposes. This may include but is not limited to, swing cameras, surveillance systems, and audio monitoring in public areas. By entering the premises, I grant Lofty's the irrevocable right to use such recordings for these stated purposes. I understand that any recordings will be handled in accordance with applicable privacy laws and will not be used for promotional purposes without my separate written consent.

11. ACKNOWLEDGMENT OF UNDERSTANDING

By checking the box, you are electronically signing this agreement under applicable electronic signature laws.

I affirm that I am at least 18 years old and that:

  • I am either the individual signing this waiver, or

  • I am the parent or legal guardian of the minor participant(s) listed below.

I acknowledge that I have read, understood, and voluntarily agree to all terms of this Waiver, including all risks associated with entering, visiting, participating in, or using Lofty’s Indoor Golf Sims, and that I am waiving certain legal rights, including the right to sue for injuries or damages, on behalf of myself and/or the minor(s) listed.

12. SEVERABILITY 
If any provision of this Waiver is found to be unenforceable, the remaining provisions shall remain in full force and effect. 

13. TERMS & CONDITIONS

By signing this Waiver, I acknowledge and agree to comply with Lofty’s Booking and Membership Policies, including terms related to cancellations, no-shows, billing, and facility access.
I understand that failure to comply with these policies may result in the suspension or termination of my session or membership without refund.

Lofty’s policies are available at:
https://www.playloftys.com/english-terms-conditions

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Please read carefully and complete all required fields. This form allows for you to sign for yourself and/or any minors you are legally responsible for. 

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By signing below, I acknowledge that I have read, understood, and agree to the terms of this waiver and release of liability for myself and/or the minor(s) listed above.

I also confirm that I have read and agree to comply with all facility Rules and Code of Conduct, available at www.playloftys.com/rules-safety

I understand that failure to follow these rules by myself or the minor(s) listed above may result in suspension or termination of access and/or membership without a refund.

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