**Activity Waiver**
IN CONSIDERATION of being allowed to participate in usage of the golf simulator and other good and valuable consideration, the receipt of which is hereby acknowledged, I ("Participant") hereby agree with 910 Golf Simulator and Lounge/Brittling, LLC., ("Activity Provider") located at 4754 US Highway 301 S, Hope Mills, NC 28348 to the following:
1. **Details of the Activity**
The Participant will be participating in the following activity: Golf simulator use and lounge space rental.
2. **Consideration**
The Participant releases and discharges the Activity Provider, its owners, directors, officers, employees, agents, assignees, legal representatives, and successors from all actions, causes of action, debts, accounts, bonds, contracts, claims, and demands for or by reason of an injury to person or property, including injury resulting in death of the Participant which has been or may be sustained as a consequence of the Participant's participation in the abovementioned Activity and notwithstanding that such damage, loss, or injury may have been caused solely or partly by the negligence of the Activity Provider.
The Participant undertakes and agrees not to participate in the Activity in the event of refusal to sign this Waiver herein.
The Participant acknowledges and understands that this Waiver herein is given in order to extinguish certain obligations owed to the Participant by the Activity provider intending to bind the Participant's spouse, heirs, executors, administrators, parents, legal guardians, legal representatives, and assignees.
3. **Fitness to Participate**
The Participant acknowledges that they do not have any physical impairment, limitations, medical conditions, or physical/mental disabilities that would limit or prevent them from participating in the Activity. If required, the Participant shall provide a medical examination and clearance to the Activity provider.
4. **BYOB Allowance**
The Activity Provider allows the Participant to bring and consume their alcoholic beverages, specifically limited to beer and wine, to their reservation at the premises located at 4754 US Highway 301, subject to the terms and conditions outlined below:
- The Participant acknowledges and agrees to consume alcoholic beverages responsibly and in accordance with all applicable laws and regulations.
- The Participant must be of legal drinking age in the jurisdiction where the event is held and will be solely responsible for verifying their age.
- The Participant shall not distribute alcoholic beverages to any person under the legal drinking age or to anyone who appears intoxicated.
- The Participant agrees not to engage in any illegal activities or disruptive behavior while consuming alcoholic beverages on the Premises.
- The Participant understands and acknowledges that the Activity Provider is not responsible for the actions, conduct, or consequences of the Participant's consumption of alcoholic beverages on the Premises. The Participant assumes all risks associated with the consumption of alcoholic beverages.
- The Participant hereby releases, discharges, and holds harmless the Activity Provider, owner, their agents, employees, and representatives, from any and all claims, liabilities, actions, demands, costs, expenses, or damages arising out of or related to the Participant's consumption of alcoholic beverages on the Premises, including but not limited to:
- a. Personal injuries, illness, or harm to the Participant or any third party.
- b. Property damage or loss of personal property.
- c. Any legal consequences resulting from the Participant's actions while under the influence of alcohol.
- The Participant agrees to indemnify and hold the Activity Provider harmless from any and all claims, liabilities, damages, or expenses, including attorney's fees, that may arise as a result of the Participant's actions or conduct while consuming alcoholic beverages on the Premises.
5. **Full and Final Settlement**
The Participant acknowledges that:
(1) The Activity Provider has given the Participant enough time to carefully review and read this Waiver;
(2) The Participant has been encouraged to seek legal advice prior to signing this Waiver;
(3) The Participant fully understands the risks and claims that they are waiving to participate in the Activity;
(4) The Participant is voluntarily signing this Waiver;
(5) The Participant is forever prevented from any cause of action, suing, or otherwise claiming against the Activity Provider for any property loss or personal injury that the Participant may be exposed to while participating in or preparing for the Activity.
6. **Governing Law**
This Waiver is construed in and governed by the law of the State of North Carolina.