Terms and Conditions

Background

Indoor Golf Co(the Company) will provide an indoor golf facility, and other indoor golf activities (the Activities) at the indoor golf facility located at 24 Gateway West, Whakatane(the Facility).

The Customer must observe the terms sets out in this Form.

Operative Provisions

1. Terms and Conditions

1.1. Payment of fees

In consideration for registration and permission to participate in the Activities provided by the Company at the Facility, the Customer agrees to the payment of all fees as advertised by the Company.

1.2. Acknowledgement

The Customer agrees and acknowledges:

a) that they have not relied on any other representation or warranty in entering into this agreement;

b) wholly assume and accept all liability for the materialisation of any risks, dangers and hazards associated with their actions and the actions of any persons in their care in participation of the Activities;

c) to abide by all lawful instructions given by the staff and agents of the Company and further agrees to indemnify the Company, its employees and agents against all liability that may incur, including legal costs, caused by the Customer’s negligence or failure to comply with such instructions;

d) that they have read, understood and agree to comply with all the rules and safety instructions and warning notices as may be displayed throughout the Facility from time to time;

e) to ask for an explanation to their satisfaction should they not fully understand any of the instructions, prior to commencing any Activities;

f) that should any actions or the actions of those in their care, present a danger or be of a reckless nature to themselves or to others at the Facility, then employees and agents of the Company have the right to request them to leave the premises immediately and that they will not be entitled to a refund or recourse of any nature;

g) that the terms and conditions of this agreement are binding on the Customers' heirs, executors and assigns;

h) that on occasion, promotional videos or photographs may be used by the Company which may include their image whilst participating in the Activities and consents to this use unless the customer specifically requests in writing, that the Company not uses their image for this purpose;

i) if any damage to the equipment or any part of the Facility is caused by the Customer, or those in their care, the Customer is liable to the Company for its cost of repair or replacement;

j) that security video is used on the public areas of the Facility and consents to this use for security and safety purposes; and

k) that they are 18 years of age or older and legally competent to sign this agreement or their legal parent or guardian has signed this form on their behalf.

2. Release and Indemnity

To the extent permitted by law, the Customer releases and agrees to indemnify and hold harmless the Company, its employees, and agents for any liability for personal injury or death resulting from or in connection with the Customer's participation in the Activities which may arise out of, or in connection to:

a) the use of any of the facilities and equipment at the Facility;

b) in negligence for breach of duty of care or failure to exercise reasonable care and skill;

c) as a breach of contract or any express or implied warranty, obligation, term, condition or contractual duty of care;

d) as a result of any representation or warranty as to the suitability of the Facility provided by the company or the safety of the Activities;

e) as a breach of any statute, statutory warranty or term implied in contract under statute (including the warranties implied under the Commerce Act 1986.

3. Waiver

a) The Customer acknowledges and agrees that he or she has undertaken the Activities freely, voluntarily, and absolutely with a full appreciation of the nature and extent of all risks involved in the Activities and assume the risk of injury, illness and damage to themselves or any person in their care or loss of property that might result, including, without limitation, any loss or theft of any personal property.

b) To the extent permitted by law, the Customer waives all of his or her legal rights of action against and fully releases the Company for loss, damages, injury or death howsoever arising out of or in relation to the participation by the Customer in the activities conducted or organised by the Company including without limitation, liability for any negligent or tortious act or omission, breach of duty, breach of contract or breach of statutory duty on the part of the Company, its office bearers, directors, employees or agents.

4. Severability

If the whole, or any part, of a provision of this document is void, unenforceable or illegal in a jurisdiction, it is severed for that jurisdiction. The remainder of this document has full force and effect, and the validity or enforceability of that provision in any other jurisdiction is not affected. This clause has no effect if the severance materially alters the nature or intended effect of this document.

5. Jurisdiction

This document is governed by the law in force in New Zealand. Each party irrevocably submits to the non-exclusive jurisdiction of the courts exercising jurisdiction in New Zealand, and any court that may hear appeals from any of those courts for any proceeding in connection with this document and waives any right it may have to claim that those courts are an inconvenient forum.