TERMS AND CONDITIONS
ON-PREMISES ACTIVITY LIABILITY WAIVER, RELEASE OF LIABILITY, PRIVACY POLICY, AND DISPUTE RESOLUTION AGREEMENT
Business Name: SKILL BUILDER GOLF/THE SWING LAB
Facility Address: 300 TURNPIKE STREET CANTON MA 02021
IMPORTANT: THIS DOCUMENT AFFECTS YOUR LEGAL RIGHTS. PLEASE READ CAREFULLY BEFORE SIGNING.
1. VOLUNTARY PARTICIPATION AND ASSUMPTION OF RISK
I understand that activities conducted at the above-named facility may involve physical exertion and inherent risks including but not limited to slips, falls, equipment use, movement within the premises, physical strain, injury, illness, permanent disability, or death.
I voluntarily choose to participate in activities at the facility and knowingly assume all risks associated with my participation and presence on the premises, whether known or unknown, foreseeable or unforeseeable.
2. HEALTH REPRESENTATION
I certify that I am physically capable of participating in activities conducted at the facility. I understand that it is my responsibility to consult with a qualified medical professional before engaging in physical activity if I have concerns about my health.
I agree to stop participating immediately if I experience pain, dizziness, discomfort, or other signs of distress.
3. RELEASE AND WAIVER OF LIABILITY
To the fullest extent permitted under the laws of the Commonwealth of Massachusetts, I hereby release, waive, and discharge the Business and its owners, officers, employees, contractors, instructors, agents, and representatives (collectively the “Released Parties”) from any and all claims, liabilities, demands, damages, losses, or causes of action arising out of or related to my participation in activities at the facility or my presence on the premises.
This release includes claims based on negligence of the Released Parties to the extent permitted by Massachusetts law.
4. INDEMNIFICATION
I agree to indemnify, defend, and hold harmless the Released Parties from and against any claims, damages, liabilities, costs, or expenses, including reasonable attorney’s fees, arising from my conduct, participation, or violation of facility policies while on the premises.
5. COMPLIANCE WITH FACILITY RULES AND STAFF INSTRUCTIONS
I agree to comply with all posted rules, policies, and instructions provided by staff members. Failure to follow facility rules or staff instructions may result in immediate termination of participation and removal from the premises without refund.
6. FACILITY RECORDING AND PRIVACY POLICY
The facility maintains a strict privacy and confidentiality policy to protect participants, staff members, and proprietary training methods.
Participants may not photograph, film, livestream, or record audio or video anywhere within the facility without prior written authorization from the Business.
Recording devices include but are not limited to:
• Mobile phones
• Cameras or action cameras
• Wearable recording devices
• Audio recorders
• Livestream or broadcasting devices or applications
Participants may be required to silence or store such devices prior to entering activity areas.
7. STRICT PROHIBITION OF RECORDING DURING STAFF SESSIONS
During any session, consultation, instruction, training, or interaction conducted with a staff member, recording of any kind is strictly prohibited unless explicit written authorization is granted by the Business.
Participants must silence, disable, or store any device capable of recording prior to the start of a session.
8. DEVICE STORAGE REQUIREMENT
The Business may require participants to place mobile phones or recording-capable devices in a designated storage area, locker, or container during staff sessions.
Participants agree to comply with these requirements as a condition of participation.
9. CONFIDENTIALITY AND PROPRIETARY METHODS
Participants acknowledge that training techniques, instruction methods, materials, procedures, and processes used by the Business may constitute proprietary or confidential business information.
Participants agree not to record, reproduce, distribute, publish, or disclose such information without written permission from the Business.
10. LIQUIDATED DAMAGES FOR UNAUTHORIZED RECORDING
Participants acknowledge that unauthorized recording may cause significant harm to the privacy of staff and participants and to the proprietary interests of the Business.
Therefore, in the event a participant records or attempts to record any session or activity in violation of this agreement, the participant agrees to pay the Business liquidated damages in the amount of $5,000 per violation. The parties agree that this amount represents a reasonable estimate of damages and is not intended as a penalty.
This provision does not limit the Business from seeking additional legal remedies if necessary, including but not limited to seeking an immediate injunction to enjoin and restrain any continuing or threatened violation of this Agreement. In the event Business seeks an injunction or other equitable relief, I waive any requirement that the Business post a bond or other collateral.
11. MEDICAL EMERGENCY CONSENT
In the event of injury or medical emergency, I authorize facility staff to obtain emergency medical treatment for me if deemed necessary. I understand that I am responsible for any resulting medical expenses.
12. MINOR PARTICIPANTS
If the participant is under 18 years of age, a parent or legal guardian must sign this agreement and assumes full responsibility for the minor’s participation.
13. DISPUTE RESOLUTION AND ARBITRATION
Except for a claim seeking the equitable relief described in Section 10 above, which may be brought in any court having jurisdiction in accordance with Section 15 below, any dispute, claim, or controversy arising out of or relating to this agreement or participation at the facility shall be resolved through binding arbitration rather than in court, except where prohibited by law.
Arbitration shall be conducted in the Commonwealth of Massachusetts by a mutually agreed upon arbitration service. The parties waive the right to a jury trial.
14. ATTORNEY’S FEES
If the Business prevails in any action or arbitration arising out of this agreement or a violation of facility policies, the Business shall be entitled to recover reasonable attorney’s fees and legal costs.
15. GOVERNING LAW AND VENUE
This agreement shall be governed by and interpreted in accordance with the laws of the Commonwealth of Massachusetts without regard to any conflicts of law principles that would require the application of the laws of any other jurisdiction. Any arbitration under this agreement shall take place within the Commonwealth of Massachusetts, and any lawsuit shall be filed in the federal and state courts located therein.
16. SEVERABILITY
If any provision of this agreement is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.
17. ENTIRE AGREEMENT
This document constitutes the entire agreement between the participant and the Business regarding participation in activities at the facility and supersedes any prior agreements or understandings.
ACKNOWLEDGMENT OF UNDERSTANDING
I acknowledge that I have read this agreement carefully, fully understand its contents, and voluntarily agree to its terms. I understand that by signing this document I may be waiving certain legal rights.
We recently changed our name from THE SWING LAB to SKILL BUILDER GOLF. THE SWING LAB is now a place to practice and SKILL BUILDER GOLF is the place to get an education in ball striking. All lesson packages sold under THE SWING LAB will be honored by SKILL BUILDER GOLF.