Shayne Allan Golf
7001 Westown Parkway, West Des Moines, Iowa 50266
RELEASE AND WAIVER OF LIABILITY
Membership, Training, and Liability Agreement
This Membership, Training, and Liability Agreement (“Agreement”) is between Shayne Allan Golf (“SAG”) and the undersigned member or participant (“Member”).
By signing electronically, Member acknowledges that they have read, understand, and agree to all terms of this Agreement, which governs participation in golf simulator use, golf lessons, golf fitness training, and related memberships at Shayne Allan Golf.
1. GENERAL
Shayne Allan Golf (SAG) and the Member agree that by signing this Agreement, the Member has purchased a membership or services and agrees to all the terms herein.
Under Iowa law, no contract can exceed three years; therefore, this Agreement will automatically renew after three years if the Member continues to pay.
The Member agrees to follow SAG’s most recent Membership Policies and any rules posted within the facility.
2. MEMBERSHIP AND SERVICES
Your membership permits you to use SAG’s premises, facilities, equipment, and services as described in your membership type.
Memberships are non-transferable without written consent.
SAG reserves the right to modify, add, or discontinue services, hours, or amenities as needed without affecting this Agreement.
3. FINANCIAL POLICY
Members agree to pay dues and fees as stated.
Processing and initiation fees are non-refundable. All sales are final.
Returned payments are subject to a $20 administrative fee.
SAG reserves the right to adjust monthly dues with a 30-day notice.
Automatic payments may be canceled at any time by notifying SAG, but the Member remains responsible for any outstanding payments under a term membership.
4. FACILITY AVAILABILITY
SAG may temporarily close facilities for maintenance, weather, or special events.
In the event of an extended closure exceeding seven (7) days, memberships may be extended without charge for the equivalent time period.
SAG may relocate or transfer memberships to comparable facilities within 10 miles.
5. HEALTH, SAFETY, AND ASSUMPTION OF RISK
The Member affirms they are in good physical condition and have no known medical conditions that would prevent participation in golf-related fitness, simulator, or lesson activities.
The Member voluntarily participates and understands that golf, exercise, and simulator use carry inherent risks, including but not limited to muscle strain, falls, or contact injuries.
By signing this Agreement, the Member assumes full responsibility for these risks and releases SAG, its owners, employees, and agents from any and all liability, claims, demands, or causes of action arising from participation, except in cases of gross negligence or willful misconduct.
6. PERSONAL PROPERTY
SAG is not responsible for lost, damaged, or stolen personal property, including items left in lockers or vehicles.
Members are responsible for any damage they cause to the facility or its equipment.
7. PHOTOGRAPHY AND MEDIA
Members grant SAG permission to use photos or videos taken during activities for promotional or educational purposes, without compensation.
Members may opt out by notifying SAG in writing.
8. CANCELLATION AND TERMINATION
Members may cancel their membership with written notice.
Refunds will only be granted in cases of disability, death, or relocation beyond 25 miles from the facility, as verified by appropriate documentation.
SAG reserves the right to terminate a membership for non-payment, violation of facility rules, or unsafe behavior.
9. ARBITRATION AND GOVERNING LAW
Any dispute arising from this Agreement shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association.
This Agreement shall be governed by the laws of the State of Iowa.
10. ACKNOWLEDGMENT AND SIGNATURES
By signing below, Members acknowledge they have read and understand this Agreement and voluntarily accept all terms, including the assumption of risk and release of liability.
WB REALTY
RELEASE AND WAIVER OF LIABILITY
This Release and Waiver of Liability (“Release”) is dated effective as of the date below and made by and between the undersigned Participant (“Participant”) in favor of Atlas WDM24, LLC (“Owner”), its partners, co-owners, principals, managers, members, employees, affiliates, representatives, and agents.
WHEREAS
Participants desire to voluntarily utilize the Owner’s indoor golf simulation facilities located at 7001 Westown Parkway, West Des Moines, Iowa 50266 (“Property”) for the purpose of Golf Activities (“Golf Activities”).
Owner desires to allow Participant to engage in Golf Activities at Owner’s Property in accordance with the terms and conditions of this Release.
Participant hereby freely, voluntarily, and without duress executes this Release for the Participant’s self, personal representatives, heirs, and next of kin.
NOW, THEREFORE, in consideration of the mutual covenants and agreements contained herein, and the mutual benefits to be derived therefrom, the parties agree and state as follows:
1. RELEASE AND WAIVER
As consideration for Owner allowing Participant to conduct Golf Activities on and within the Property, Participant does hereby release, forever discharge, covenant not to sue, and hold harmless the Owner, its partners, co-owners, principals, managers, members, employees, representatives, and agents 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 regarding Participant’s presence on the Property, Participant's engagement in Golf Activities, Participant’s use of any equipment, products, machines, or facilities located within the Property, whether owned by Participant, Owner, or a third party.
Participant understands that this Release discharges the Owner from any and all liability or claim that the Participant may have against the Owner with respect to bodily injury, personal injury, illness, death, or property damage that may result from Participant’s activities within the Property.
Participant also understands that the Owner does not assume any responsibility for or obligation to provide financial assistance or other assistance, including but not limited to medical, health, or disability insurance in the event of injury or illness.
2. ASSUMPTION OF RISK
Participants understand the risk of injury from Golf Activities.
Participant acknowledges that Golf Activities may present additional risks, such as uneven surfaces and other items.
Participant hereby expressly and specifically assumes full responsibility for the risk of bodily injury, harm, or death in connection with the golf activities they may perform, and releases the Owner, its principals, co-owners, managers, members, employees, representatives, and agents from any and all liability for injury, illness, death, or property damage arising out of, or resulting from, the golf activities, use of equipment, products and machines, or relating to Participant’s presence on and within the Property.
3. GOVERNING LAW AND SEVERABILITY
Participants expressly agree that this Release is intended to be as broad and inclusive as permitted by the laws of the State of Iowa, and that this Release shall be governed by and interpreted in accordance with the laws of the State of Iowa.
Participant agrees that in the event that any clause or provision of this Release shall be held to be invalid by any court of competent jurisdiction, the invalidity of such clause or provision shall not otherwise affect the remaining provisions of this Release, which shall continue to be enforceable.
This Release shall apply to Participant’s heirs, assigns, personal representatives, and any other next of kin.
Participant understands that the Owner is relying upon this Release in order to allow the Participant to engage in Golf Activities.
Participants will not be permitted to engage in golf activities without completing a Release and Waiver form.
The undersigned Participant acknowledges that they have read this Release, fully understand its terms, and are signing it freely and voluntarily without any inducement.
