By signing this document you may be waiving your legal right to a jury trial to hold the provider legally responsible for  any injuries or damages resulting from risks inherent in the sport or recreational opportunity or for any injuries or damages you may suffer due to the provider’s ordinary negligence that are the result of the provider’s failure to exercise reasonable care.

In consideration of my being permitted to enter the facilities of MOlligans Golf Club hereafter referred to as MGC, 410 Central Ave. Suite 210, Great Falls, MT 59401 and to participate in or view as a spectator all the activities and events sponsored in whole or in part by MGC, and for myself, my relatives, my heirs, dependents, assigns and personal representatives, I hereby make the following Agreement, release, and waiver of liability.

DEFINITION

For the purpose of this agreement the terms activities and events mean ALL ACTIVITIES in MGC facilities, whether supervised or unsupervised, engaged in by users of MGC facilities. Without limiting the generality of the preceding sentence activities may include hitting golf balls into a hitting screen, swinging a golf club, putting on a putting green, bending, stretching, walking, stepping up onto hitting area floor, stepping off hitting area floor, being a spectator, and other activities associated with a round of golf.

ACKNOWLEDGMENT OF RISK AND WAIVER

I acknowledge there are significant risks and hazards, both known and unknown, inherent in golfing in an indoor facility and other activities and in using and being in MGC facilities. Without limiting the extent or reach of this release and waiver of liability that I make herein, I recognize that those risks and hazards include but are not limited to:

• All manors of injury associated with a round of golf

• Injury from getting hit with a golf club

• Injury from getting hit by a golf ball (bounce back, ricochet, other players ball)

• Injury from walking

• Injury from tripping while stepping onto or off of hitting area

• Injury from tripping and falling into furniture, tables and chairs

• Injury, damage or death occasioned by the negligence of other users

• Injury, all manors from swinging a golf club

• Personal medical situations complicated or aggravated by activities in MGC facilities

• Injury, damage or death resulting from violations of MGC rules and regulations

• Injury from a flying golf club

• Injury from tripping over a foam ball stopper

By signing this Agreement I ACCEPT FULL RESPONSIBILITY FOR MY OWN WELFARE AND SAFETY and to the fullest extent permitted by law, I WAIVE ANY FUTURE CLAIMS FOR LIABILITY that I may otherwise be entitled to bring against Molligans Golf Club, owners, managers, directors, employees, volunteers, event organizers, agents, representatives, other members and guests, for any and all injuries, damages or death resulting from the risks and hazards inherent and associated with activities in MGC facilities, including but not limited to the risks and hazards identified above.

RELEASE AND INDEMNIFICATION

I represent that I am voluntarily using MGC facilities and voluntarily participating in activities and events sponsored in whole or in part by MGC, and with full knowledge of the significant and inherent risks and hazards involved, and for myself, my heirs, dependents, assigns and personal representatives, I ASSUME SUCH RISKS AND HAZARDS AND HEREBY WAIVE AND RELEASE HARMLESS MOlligans Golf Club, owners, managers, directors, employees, volunteers, event organizers, agents, representatives, other members and guests (collectively, the  Releasees) from and against any and all causes of action, claims or demands of any nature whatsoever, including but not limited to claims of negligence to the fullest extent allowed by law, which I, my relatives, my heirs, dependents, assigns and personal representatives may now have or have in the future on account of personal injury, property damage, death, or any accident of any kind, arising out of or in any way related to my use of MGC facilities, activities and events whether that use is supervised or unsupervised,  however the injury is caused.

Including but not limited to the negligence of the above named releasees (to the fullest extent permitted by law), I ALSO AGREE TO INDEMNIFY AND HOLD HARMLESS MOlligans Golf Club, owners, managers, directors, employees, volunteers, event organizers, agents, representatives, other members and guests, from and against any and all causes of action, claims, demands, losses, expenses (including attorney’s fees), and other costs of any nature whatsoever arising out of or in any way related to my use of, entry into MGC facilities and/or participation in MGC activities and events.

By signing this Agreement I intend to release the releasees from any liability occasioned by my entrance into MGC facilities.

I represent that I have adequate insurance to cover any injury or damage I may cause or suffer while in MGC facilities or else I agree to bear the costs of such injury or damage myself.

I have read MGC policies, rules and regulations and agree to abide by them.

I recognize policy, rules and regulations may change over time and I agree to abide by such changes.

Parking Garage use DISCLAIMER AND WAIVER

MOlligans Golf Club members, along with guests, passengers and visitors agree to indemnify, hold harmless, defend and release from liability Owners of parking facility property located at 410 Central Avenue, DBA Four Ten Central and/or Madill Enterprises Income Property Management, LLC regarding any accidents, injuries, claims, lawsuits, damages, losses or charges. Furthermore, Owners of said facilities are not responsible for any theft, damage or loss to your vehicle(s) or otherwise. Before using the Molligans Reserved Parking Spots, make sure your vehicle is not too tall to enter or park in specific parking spots. 

SURVEILANCE VIDEO AND MEDIA RELEASE

MGC records permanent video of facility activities. MGC and others may record and photograph those in MGC facilities. I agree that MGC may use photographs and recordings of my likeness and image for any reasonable purposes including but not limited to, marketing purposes and as evidence in any legal proceedings.

OTHER

If any of this Agreement is held to be void or unenforceable under any law, I agree that the unlawful portion shall be deemed stricken and that all remaining provisions shall continue to be valid and binding upon me. If a provision is stricken, I agree that this Agreement shall be reformed to replace such stricken provision or part thereof with a valid  and enforceable provision which comes as close as possible to expressing the intention of the stricken provision. I further agree that this Agreement will remain in full force and effect and apply to my subsequent visits to MGC facilities.

I understand that the terms of this Agreement, Release, and waiver of liability are legally binding, and I certify I am signing this document of my own free will. I represent I am 18 years of age or older, or that this Agreement has been reviewed and signed by my parent or court appointed guardian.

BY ENTERING MGC facilities I am agreeing to the terms and conditions set forth in this Agreement.

I UNDERSTAND MY OPTIONS ARE TO ENTER MGC FACILITIES AND ACCEPT THE TERMS AND CONDITIONS OF THIS AGREEMENT OR DECLINE THIS AGREEMENT AND LEAVE (NOT ENTER).