The undersigned participant, customer, client, or any signing parent or guardian, hereby agrees to:

 

            (1)        Release the owners, employees, agents, and assigns of The Swing Refinery LLC (“the Company”), from any loss, damage, liability or injury arising out of or resulting from use of golf equipment and engaging in golf simulation and/or any other activities on the company’s premises or other recreational activity areas where the company is has a presence, and;

 

            (2)        To indemnify, hold harmless and defend the aforementioned Company, its facility and persons from and against any and all claims for loss damage, liability or injury, however caused, resulting directly or indirectly from participant’s use of the Company premises and facility, golf equipment and golf simulation activities, or from acts of omissions of participant, participant’s agents, other guests, and associates, and;

 

1. Acknowledges that the activities involving golf clubs and golf simulation equipment are inherently risky, which is understood by the person(s) signing below and are expressly assumed and waived, with a release of all liability against The Swing Refinery LLC.  Participant specifically acknowledges and accepts that TSR operates as an unstaffed, 24-hour facility, and that at any time of participation, including emergencies, there may be no TSR staff present or available to provide assistance, first aid, or emergency intervention. Participant agrees to assume full responsibility for their own safety and that of their guests under such conditions.

 

1. In the event of injury to participant or participant’s agent, guest, or associates, permission is hereby granted for emergency medical treatment if available.  Participants are encouraged to contact emergency personnel immediately and directly themselves upon the occurrence of any serious injury, due to the unstaffed nature of TSR’s business.  However, the Company is under no duty to perform emergency medical services, and may instead rely upon a professional EMT ambulance team, or other appropriate medical professionals/doctors, in the company’s sole discretion and judgment, and;

 

1. Acknowledge that the owners, employees, agents, and assigns are not responsible for damage to any personal property, equipment, and/or assistive devices belonging to the undersigned participant and his or her agents and associates, as well as any physical injuries against the same.

 

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            Unstaffed Facility—Participant specifically acknowledges and accepts that TSR operates as an unstaffed, 24-hour facility, and that at any time of participation, including emergencies, there may be no TSR staff present or available to provide assistance, first aid, or emergency intervention. Participant agrees to assume full responsibility for their own safety and that of their guests under such conditions.

 

            Dangerous Activities—The undersigned understands and agrees that they are participating in an activity that involves the rapid swinging of golf clubs, errant balls, equipment, surfaces, physical exertion, and the conduct or negligence of other participants, vendors, or third parties and other golf simulation activities. These activities are inherently risky despite the care taken by the owners, operators, employees and agents of the Company and they cannot guarantee the participant’s personal safety or the safety of their personal property.  Individuals with health issues related to physical activity, strenuous or stressful activity, or flashing and loud sounds, shall not engage the previously golf simulation activities, and hereby hold the Company harmless for any damages incurred if such individuals engage such activities anyway (even if the Company was made aware of such person’s vulnerability).  No horseplay, wrestling, fighting, pushing/shoving, or engaging the golf activities in an unreasonable or immature and playful manner will be tolerated.  The undersigned participant agrees to engage in any activities with the Company only at the participant’s own assumption of all risks, including harm from other participants engaging Company activities at the same time.  The undersigned understands that engaging golf simulation activities, with other guests or participants at the same time, is inherently risky, and depends to a reasonable degree upon the uncontrollable actions or experience of third-parties, whom may or may not be the Company or its agents and representatives. 

 

            Voluntary Participation—Participation in activities on the premises is entirely voluntary.  Participants may request a reasonable modification at any time and will be responsible for conveying their specific needs to the Company as well as ensuring their personal equipment or property is not damaged.  Participants acknowledge that their participation in any activity within a golf simulation business premises are inherently risky and as such, acknowledges and accepts that injury may occur, waiving all liability against the Company.

 

            I have read, understand, and fully agree to the foregoing.  I make this waiver and release, hold harmless, and assumption of risk agreement with no reservation and under no undue influence or other inappropriate pressures.  I acknowledge that I understand the risks associated with signing this document.  I make this waiver, release and assumption of risk voluntarily.  In particular, I agree to the following:

 

1.          Waiver and Release: I release and forever discharge and hold harmless The Swing Refinery LLC (“Company”) and its successors and assigns from any and all liability, claims, and demands of whatever kind or nature, either in law or in equity, which arise or may hereafter arise from the activities as a customer, member, or participant golf simulation or related sport activities on the Company’s premises, including claims arising out of all forms of negligence. I understand and acknowledge that signing this document discharges the Company from any liability or  claim that I may have against the Company with respect to bodily injury, personal injury, pain and suffering, illness, death, or property damage that may result from participating in golfing, or any other physical activity on the premises, or at Company events offsite. 

2.         Insurance—I affirm that I am covered by primary medical insurance and understand that I am responsible for my medical bills if injury occurs.  Further, I understand that the Company does not assume any responsibility for or obligation to provide me with financial or other assistance, including but not limited to medical, health or disability benefits or insurance of any nature in the event of my injury, illness, death or damage to my property. I expressly waive any such claim for compensation or liability on the part of the Company.

3.          Assumption of Risk—I understand that the activities and services provided for me by The Swing Refinery LLC may include activities that are inherently dangerous to me, including but not limited to engaging golf simulation, swinging of golf clubs, errant balls, equipment, surfaces, physical exertion, and the conduct or negligence of other participants, vendors, or third parties, potential flashes of light, and other physical activities. This list is not meant to be exhaustive, and I also understand that other related activities provided or engaged by the Company, which are not described herein, are also included in my assumption of risk and waiver of liability against the Company, regardless of the fact that they are not listed here.  I hereby expressly assume the risk of injury or harm to me from these activities and hereby release the Company from all liability incurred by me from or for injury, illness, death, or property damage resulting from all of the activities in which I may participate at the Company’s premises or offsite events.

4.          Medical Treatment: I hereby release and forever discharge the Company from any claim whatsoever which arises or may hereafter arise on account of any first-aid treatment or other medical services rendered or not rendered in connection with an emergency during my participation in activities on Company premises. I give my consent for the Company to provide, administer, or obtain medical treatment for me, however, I understand that the Company does not assume any duty to provide such treatment and due to the unstaffed nature of TSR’s business, there may not be Company staff available to call medical emergency services to help me or my guests.  

5.         Governing Law—I expressly agree that this Waiver and Release of Liability is intended to be as broad and inclusive as permitted by the laws of the States of Wisconsin (and any other state or jurisdiction where I voluntarily participate in Company activities or events) and that this Release shall be governed by and interpreted in accordance with the laws of the State of Wisconsin. I agree that in the event any clause or provision of this Release is deemed invalid, the enforceability of the remaining provisions of this Release shall not be affected.

6.          Alcohol Policy—I understand that TSR permits participants to bring their own reasonable amounts of alcohol into the facility, which shall be limited to amounts which do not intoxicate a participant to the point of being legally or medically drunk. I understand that I assume full responsibility for my own and my guests’ consumption, possession, and behavior related to alcohol. TSR disclaims any liability for injury, damages, or claims related to alcohol consumption or possession on the premises. Participant agrees to comply with all applicable laws including not serving alcohol to minors or visibly intoxicated persons and will indemnify TSR for any related claims which arise due to the misuse of alcohol. 

7.         Prohibition of Weapons and Firearms—For the safety of all participants, guests, and staff, firearms, weapons, and any items reasonably considered dangerous are strictly prohibited within The Swing Refinery (TSR) facility or on TSR property. This prohibition applies to all persons, regardless of whether the individual holds a concealed carry permit or other license.  Violation of this policy will result in immediate removal from the facility, termination of current and future access without refund, and may be reported to law enforcement authorities as warranted. TSR reserves the right to pursue all available legal remedies for any damages or disruption resulting from a violation of this policy

8.         No Smoking or Vaping Policy—For the health, safety, and comfort of all guests and to maintain facility standards, smoking, vaping, and the use of tobacco, nicotine, marijuana, or related products is strictly prohibited anywhere within The Swing Refinery (TSR) facility or on TSR property, including simulator bays, turf areas, restrooms, entrances, and all other indoor and outdoor spaces.

Participants, guests, and visitors who violate this policy may be subject to immediate removal, assessment of a cleaning fee commensurate to the damage or offense level, and termination of facility access or privileges without refund. Repeated or egregious violations may result in permanent exclusion from TSR and notification to local authorities where applicable. TSR reserves the right to pursue all available remedies for damages caused by smoking or vaping, including but not limited to extra cleaning, facility repairs, and loss of business.

9.         Minors Policy—For the safety of all participants and the integrity of The Swing Refinery (TSR) operations, all persons under the age of 18 must be accompanied, at all times, by an individual who is at least 21 years of age. The responsible adult must remain in direct supervision, line-of-sight, and immediate proximity to the minor(s) throughout their visit. TSR reserves the right to deny access or remove minors who are not properly supervised in accordance with this policy.

 10.       Guest Policy—Each simulator bay reservation permits a maximum of four (4) guests, including both players and non-players. Should you wish to accommodate more than four guests or organize a larger group event, you are required to contact TSR in advance via email, telephone, or the official website to seek permission or make specific event arrangements. Unauthorized large gatherings may result in immediate removal and forfeiture of access without refund.

11.        Representations by Participant—Participant represents and warrants to TSR the following:

A. Participant will follow and obey all rules and regulations of the facility while on premises and/or participating in activities and will promptly report any known rules violations or unsafe behavior to TSR, when possible. Rules include but are not limited to:

1. Only one person may occupy the "Hitting Floor" at a time. The "Hitting Floor" is defined as the area designated by simulated green grass in each bay (i.e. turf).

2. While occupying the Hitting Floor, Participant’s body parts and related equipment shall remain inside the area at all times.

3. Equipment shall be used solely for its designated purpose and in designated areas (i.e. “Hitting Floor”)

4. Only dry, clean, non-cleat shoes are allowed in the facility and particularly on any turf-covered surfaces. No cleated, spiked, wet, or dirty footwear is permitted.

5. Personal tees are strictly prohibited. Only plastic tees provided by TSR are permissible for play and must be used at all times.

B. Participant possesses the necessary physical fitness and skill level to safely engage in the activities.

C. Participant shall only attempt activities that they can safely perform.

D. Participant is not aware of any medical or health condition preventing safe participation.

E. In case of emergency, TSR may but is not obligated to provide emergency aid, CPR, or summon medical assistance. Participant assumes all associated costs of emergency care.

F. Participant will immediately cease participation if experiencing any faintness, shortness of breath, chest pain, or high anxiety.

 

12. Penalties for Violating Shoe and Tee Rules—Participant acknowledges and understands that strict adherence to TSR’s shoe and tee requirements is essential to maintaining facility safety and protecting specialized turf and simulator equipment.

•           Improper Footwear: Use of cleated, spiked, wet, dirty, or otherwise prohibited footwear on any turf surfaces will result in an immediate penalty fee of $150 per incident, plus the full cost of any cleaning, repairs, or replacement necessitated by damage caused (including, but not limited to, costs to repair or replace turf, and loss of facility use during repair).

•           Prohibited Tees: Use of any non-approved tee in the simulator bays or on the turf will result in a penalty fee of $50 per incident, plus full financial responsibility for any damage or loss resulting therefrom—including but not limited to repair or replacement of any damaged or affected equipment.

Participant agrees that these penalty charges are in addition to, and not in lieu of, any other rights or remedies TSR may have for rule violations or facility/property damage, including but not limited to barring facility access, permanent ban, or pursuit of legal action for recovery of damages.  Repeated offenses may also result in immediate revocation of membership without refund.

INDEMNIFICATION AGREEMENT TO COMPENSATE DAMAGES

TO PERSONS OR PROPERTY

 

            In addition to my agreement to the foregoing statements, I hereby further agree to indemnify, compensate, and pay for any damages to persons, Company property and equipment, or personal property of the Company and/or other participants, guests, clients, or customers which are caused by me, either intentionally or unintentionally.  I especially agree to pay and compensate for the following losses which are caused by my own negligence, inexperience, and/or willful and voluntary actions:

 

1. Harm to Company Equipment, Furniture, Etc.—In general, I agree to pay for repair and replacement of any damaged company property (golf simulation equipment, clubs, furniture, windows and walls, etc.), if such damage is caused directly by my acts, omissions, negligence or inexperience.  I also agree to pay the same if one of my guests or any other person in my group causes such damage, bearing the liability jointly and severally between ourselves and reimbursing the Company’s repair and/or replacement costs.  I understand that golf simulation equipment is very expensive.

 

1. Injured Persons—I realize that I could incur, depending on the context in which an injury from golfing activity occurs, either civil or criminal liability (or both) for my acts or omissions which injure, damage, or harm another person when engaging golfing and sporting activities with the Company.  Such persons may involve Company staff, owners, other guests, customers, clients, or any other human being whom is injured due to my actions, especially with the use of golf clubs and/or alcohol.  I am aware that I may be responsible for compensating any medical damages or other personal injuries to such persons, if such person’s injuries are caused by my act, omission, or negligence. 

 

1. Damaged Equipment & Lost Wages—Further, I agree to reimburse and compensate The Swing Refinery LLC for any damage I cause, whether intentionally or unintentionally, to the property and equipment of The Swing Refinery LLC, its owners, employees, and assigns.  Such equipment may include, but is not limited to, golf equipment, furniture, cameras, plumbing, HVAC, electrical components, etc.   I also agree to reimburse and compensate The Swing Refinery LLC and its owners for any lost wages and income due to a disruption in business which is caused by my act, omission, or negligence – such as a loss an employee, or key piece of equipment, which causes a disruption in The Swing Refinery LLC’s ability to conduct its regular business activities due to its owners having to redirect time and resources to a medical emergency or repairing/replacing Company equipment.   

 

1. Enforcement & Attorney Fees—Finally, I agree to pay for all of the Company’s costs in enforcing this agreement and the promises contained herein in exchange for the Company’s services and/or products (which shall be held as valid contractual consideration), should I refuse to pay any amounts due for injuries to persons or equipment which are caused by me under this agreement’s terms.  Such amounts shall include all legal costs, court costs, actual attorney fees and any other costs deemed appropriate by a court of law, even if such dispute shall end in settlement or dismissal. 

 

CANCELLATION AND REFUND POLICY

 

Membership Policy— All members are responsible for reviewing and understanding this policy prior to enrolling. By signing below or purchasing a membership, you expressly accept and agree to these terms. Memberships at The Swing Refinery (TSR) are offered on a non-refundable basis. By enrolling in a TSR membership, you acknowledge and agree to the following:

• Non-Refundable Membership: All membership fees, dues, and related payments are strictly non-refundable under any circumstances. No partial or prorated refunds will be provided for cancellations, downgrades, or upgrades made during a membership term.

• Mid-Cycle Changes: If you elect to upgrade or downgrade your membership during an active term, the change will take effect at the commencement of your next billing cycle. Your current membership will remain valid, with full access, through the end of the payment term in which the change request is made.

• Cancellation: You may cancel your membership at any time; however, your membership benefits and facility access will remain available until the conclusion of the current payment term. No refunds, credits, or reimbursements for unused portions of a term will be provided following cancellation.

• Exceptional Circumstances: In cases of extreme hardship or unique circumstances, members may contact TSR to discuss their situation. Any adjustments, credits, or exceptions are solely at the discretion of TSR management and may require supporting documentation.

 

Membership & Private Reservation Refund Policy—The Swing Refinery (“TSR”) maintains a strict no refund policy for all reservations, memberships, and purchases. If you need to cancel a reservation, you will be provided with a credit to apply toward future use of TSR facilities. In cases of genuine hardship, please contact TSR to discuss your circumstances and available options. All requests for exceptions or accommodations are subject to sole discretion of TSR management and may require supporting documentation.

 

Private Event Refund Policy— All cancellation requests must be submitted in writing via email. Refunds and credits will be processed within 14 business days of confirmed cancellation and will be issued in the original form of payment. TSR reserves the right to modify this policy for events canceled or rescheduled due to extenuating circumstances at its sole discretion. Cancellations for private events at The Swing Refinery (TSR) are subject to the following terms:

• Cancellations More Than 30 Days Prior to Event—If you cancel your event 31 or more days before the scheduled date, you will receive a full refund of all fees paid to TSR, less any non-refundable deposits or advances TSR has paid to third-party vendors specifically for your event. Documentation of such advances will be provided upon request.

• Cancellations Between 10 – 30 Days Prior to Event—If you cancel your event 10 to 30 days prior to the scheduled date, you will receive a refund of fifty percent (50%) of all fees paid to TSR, less any non-refundable deposits or advances made to vendors on your behalf. Non-refundable vendor advances will be documented upon request.

• Cancellations Less Than 10 Days Prior to Event—If you cancel your event fewer than ten (10) days before the scheduled date, no refund will be issued under any circumstances.

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1. Authority to Remove or Ban—TSR reserves the sole and absolute right to immediately remove or permanently ban any participant or guest from the premises for any violation of facility rules, disruptive conduct, suspected intoxication, or any behavior deemed unsafe or detrimental to the operation or reputation of TSR.

2. Enhanced Video Monitoring & Evidence Use—Participant acknowledges that, except for private restrooms, all areas of TSR are subject to continuous video monitoring. Footage may be retained and used as evidence in disputes, claims, or to validate rule violations and fee assessments.

3. Inspection and Incident Reporting Duty—Participant agrees to inspect the assigned bay and equipment at the start and end of each session, and to promptly report any pre-existing or newly discovered damage, malfunction, or safety hazard to TSR management—or, if unstaffed, via the prescribed communication method. Failure to report is deemed acceptance of all responsibility for any resulting damage during the session.

4. Waiver/Release Covers All Invited Guests—Participant expressly acknowledges and agrees that the terms of this waiver, release, and indemnification apply to all invited guests, regardless of whether such persons manually execute the waiver.

5. No Outside Instruction or Unapproved Use—Participant may not provide or receive paid instruction, coaching, lessons, or engage in any non-recreational or commercial activity on TSR premises without prior written permission from TSR management. Violation constitutes grounds for immediate removal and penalty assessment.

6. Prohibition of Unauthorized Access or Tampering—Participant shall not attempt to circumvent or tamper with security, alarms, or controlled access. TSR reserves the right to assess damages and refer such incidents to law enforcement if applicable.

7. Hold Harmless for Facility Closure or Interruption—TSR shall not be liable for losses, damages, or inconvenience arising from facility closures, equipment failures, weather, utility outages, or other events beyond reasonable control.

8. Exclusive Venue/Jurisdiction Clause—All legal claims or disputes must be brought exclusively in the state or federal courts located in the county/state of facility operation (Wisconsin), and Participant irrevocably submits to such venue.

9. Waiver of Subrogation—Participant waives any right of subrogation or recovery they, their insurer, or any third party may have against TSR for any damage, injury, or loss covered by any insurance maintained by Participant.

10.  Severability and Survival—Should any term or provision of this Agreement be found invalid or unenforceable in whole or in part, such decision shall not affect the validity or enforceability of any remaining provision. All releases, waivers, indemnities, and limitation of liability clauses shall survive the expiration or termination of this Agreement.

11. Media Release & Electronic Signature—Participant authorizes TSR to use photos or videos for marketing. The Agreement may be signed electronically, which shall carry the same force and effect as handwritten signatures under law.

12. Entire Agreement—This Agreement embodies the entire understanding between the parties.