Golfer Waiver, Release of Liability, and Indemnification Agreement
By entering, accessing, or using the facilities of Palm Valley Golf Club (“the Club”), including the golf course, driving range, practice areas, Toptracer Range, clubhouse, parking areas, and other Club property, the golfer acknowledges and agrees to the following terms and conditions.
- ASSUMPTION OF RISK
The golfer acknowledges that golf and golf-related activities involve inherent risks, including but not limited to being struck by golf balls, golf clubs, flying debris, lightning, uneven terrain, natural hazards, equipment failures, and the actions of other golfers.
The golfer voluntarily assumes all risks associated with participation in golf activities and use of the Club’s facilities. - GOLFER RESPONSIBILITY FOR GOLF BALLS
Each golfer is solely responsible for their own golf ball and any consequences arising from its use.
The golfer assumes full responsibility for any injury, property damage, vehicle damage, personal injury, or other loss caused by a golf ball struck by the golfer, whether occurring on or off Club property.
The Club is not responsible for lost, stolen, damaged, or misdirected golf balls and makes no guarantees regarding ball retrieval or recovery. - PERSONAL PROPERTY
The Club is not responsible for the loss, theft, or damage of any personal property while on Club premises, including but not limited to golf clubs, bags, rangefinders, electronics, jewelry, vehicles, or other personal belongings.
The golfer agrees to release and hold harmless the Club from any claims arising from the loss, theft, or damage of personal property. - TOPTRACER RANGE EQUIPMENT AND FACILITY DAMAGE
Golfers are expected to use all Toptracer equipment, range equipment, hitting bays, furniture, ball dispensers, screens, monitors, protective barriers, and Club property in a safe and responsible manner.
Normal wear and tear is expected. However, any damage resulting from negligence, misuse, reckless conduct, intentional acts, horseplay, abuse of equipment, or failure to follow posted rules shall be the financial responsibility of the golfer causing such damage.
The golfer agrees to reimburse the Club for the repair or replacement cost of any damaged property, equipment, or facility components, including but not limited to Toptracer screens, monitors, sensors, cameras, computers, bay dividers, range structures, furniture, and related technology.
Parents or legal guardians shall be responsible for damages caused by minors under their supervision. - COURSE ETIQUETTE AND PROPERTY DAMAGE
Golfers are expected to maintain proper golf course etiquette, including repairing ball marks, replacing or filling divots, raking bunkers, and respecting course conditions.
The golfer acknowledges responsibility for any intentional, negligent, excessive, or reckless damage caused to greens, tee boxes, fairways, bunkers, practice areas, landscaping, buildings, equipment, fencing, signage, or other Club property beyond normal wear and tear associated with the game of golf.
The Club reserves the right to recover the costs associated with repairing or replacing damaged property. - RELEASE OF LIABILITY
To the fullest extent permitted by law, the golfer releases, waives, discharges, and covenants not to sue Palm Valley Golf Club, its owners, managers, employees, officers, directors, contractors, affiliates, agents, insurers, successors, and assigns from any and all claims, liabilities, damages, losses, expenses, or causes of action arising from participation in golf activities or use of Club facilities, including claims involving personal injury, illness, death, property damage, or economic loss. - INDEMNIFICATION
The golfer agrees to defend, indemnify, and hold harmless Palm Valley Golf Club from and against any claims, demands, lawsuits, damages, costs, attorney’s fees, or expenses arising from:- The golfer’s actions or omissions.
- Damage caused by the golfer’s golf ball.
- Damage to Toptracer equipment or Club property.
- Violation of Club rules, policies, or posted signage.
- Injury or damage caused to third parties by the golfer.
- RULES AND CONDUCT
The Club reserves the right to remove any golfer or guest from the premises without refund for unsafe, abusive, disruptive, reckless, or inappropriate behavior.
The Club may suspend or revoke facility privileges for violations of Club rules, damage to property, or conduct detrimental to the safety and enjoyment of other guests. - ACKNOWLEDGMENT
By entering or using the facilities of Palm Valley Golf Club, the golfer acknowledges that they have read, understood, and voluntarily agree to be bound by this Waiver, Release of Liability, and Indemnification Agreement.
If any provision of this Agreement is found unenforceable, the remaining provisions shall remain in full force and effect.