Participant Waiver and Release of Liability

In exchange for being permitted to access and use the SwingSpace facility, golf simulators, equipment, and related features, I agree to the following terms and conditions outlined in this Participant Waiver and Release of Liability (the “Agreement”):

1. Assumption of Risk and Release
I understand that choosing to use the building, golf simulators, and any associated equipment is completely voluntary and may involve risks of physical injury (ranging from minor to severe, including the possibility of death), and/or damage to personal property. I also acknowledge that careless, improper, or unsafe use of the facility or equipment may result in damage to the venue or its property.

Accordingly, I agree to the following:

a. I release and discharge SwingSpace, along with its owners, directors, staff, contractors, representatives, and volunteers, from any and all claims, liabilities, damages, losses, expenses, or legal fees of any kind arising out of or connected with the risks mentioned above, including those resulting from negligence by any of the released parties.

b. I acknowledge that participation may involve physical exertion. I confirm that I am in appropriate physical condition to take part safely and that no medical professional has advised me otherwise.

c. I accept full responsibility for any medical costs, treatment, or related expenses resulting from any injury I may sustain, as well as any loss or damage to my personal belongings while participating in activities at SwingSpace.

d. I agree that I will be held financially responsible for any damage to the facility, simulators, or equipment that results from my negligent, careless, or intentional actions.

e. This Agreement is binding upon me and my estate, including heirs, legal representatives, successors, and assigns, as well as any party making a claim on my behalf.

2. Entire Agreement; Severability
This document constitutes the complete understanding between the parties regarding its subject matter. Any modification or waiver of the terms in this Agreement must be made in writing and signed by the affected party.

If any portion of this Agreement is found to be invalid or unenforceable, the remainder shall continue in full effect. I confirm that I have read this Agreement carefully, understand the rights that I am waiving, and acknowledge the responsibilities I am assuming by participating.

3. Facility Rules and Safety Requirements

I agree to follow the safety procedures and rules as outlined in the SwingSpace Rules and Regulations, which are intended to ensure the safety and enjoyment of all guests.

Rules and Regulations include (but are not limited to):

• Shoes and clubs must be clean before entering the simulator hitting area.
• During wet weather, outside shoes may not be worn in the hitting area; please bring a clean, dry pair for use indoors.
• Only use balls and tees provided by SwingSpace.
• Food and beverages must remain at designated tables. No food or drinks are allowed inside the simulator area or near computers.
• Only food, beverages and alcohol purchased on-site may be consumed; no external food, beverages or alcohol permitted.
• Smoking and vaping are strictly prohibited.
• Maximum of 4 golfers per bay at any one time.
• Please be respectful of fellow guests at all times.
• Guests under the age of 16 must be supervised by an adult at all times.
• Do not swing clubs outside the designated hitting zones.
• Only one golfer may stand in the hitting area at a time; all others must maintain a safe distance.
• Always ensure the area is clear before swinging and remain aware of your backswing and follow-through.
• Shots must always be directed toward the hitting screen.
• All swings must be made from the designated hitting mat only.
• Report any accident or injury to staff immediately.
• Guests are financially responsible for damage resulting from failure to follow rules or staff instructions.
• The facility is under video surveillance; tampering with equipment or cameras will result in financial liability.
• Sessions end promptly at the scheduled time. If another group is booked after you, play will end immediately, but your game may be saved for a future session if you rebook.
• No firearms, weapons, and sharp objects are allowed
• Illegal activities such as narcotics, gambling, trafficking etc. are strictly not allowed and miscreants will be handed over to the police
• Guests will be subjected to security checks & frisked for security purposes
• Guests will have to carry valid photo ID proof for identification
• The customer/guest unconditionally agrees that his/her’s photographs can be published in any publication including electronic media by the club
• Parking near the premises is at the risk of the vehicle owner. The club will not hold responsibility for any damage or theft of any vehicles within the stipulated parking premises
• Profanity should not be directed at club staff and should not be spoken so as to be heard by other members
• Failure to comply with any of these rules may result in your session ending early without refund.

4. Cancellations for Events and Reservations

For event bookings and reservations, we require advance notice for cancellations or changes. The specific notice period may vary depending on the nature of the event and the number of guests. Please refer to your event contract or reservation confirmation for details.If you cancel an event or reservation within the specified notice period, you may be subject to cancellation fees or loss of your deposit, as outlined in your contract or confirmation. 

Refund Process: To request a refund or discuss any concerns, please contact our management team during your visit. Refunds, if approved, will be processed within 15-30 business days to the original payment method.

Exceptions: Certain services or products may be exempt from refunds.

SwingSpace reserves the right to update or modify the terms, conditions & policies at any time. Any changes will be posted on our website or communicated through other appropriate channels.

I confirm that I have read and understood this Agreement, and I voluntarily enter the SwingSpace facility accepting these terms and the associated risks.

Parent/Guardian Consent for Minors
If I am signing on behalf of a minor participant, I confirm that I am their legal parent or guardian and have the authority to do so. I agree to be bound by this Agreement on their behalf and to indemnify SwingSpace against any claims brought by or on behalf of the minor. If it is determined that I did not have legal authority to sign for the minor, I agree to assume full personal liability for any resulting claims.

I acknowledge that this electronic version of the Agreement is legally valid and enforceable as if signed on paper, and I waive any objection to its enforceability on that basis.

Grievance Redressal, Governing Law, and Jurisdiction

1. Grievance Redressal

In accordance with the Consumer Protection (E-Commerce) Rules, 2020, and the Information Technology Act, 2000, a Grievance Officer is appointed to address your concerns or grievances. You may contact the Grievance Officer with any complaints or questions regarding the Services or these Terms.

• Grievance Officer Name: Rashmi Singh
• Contact Email: rs@swingspace.in

The Grievance Officer shall acknowledge the complaint within forty-eight hours and shall redress the complaint within one month from the date of its receipt.  

2. Governing Law

This Agreement, and any dispute or claim arising out of or in connection with it or its subject matter, shall be governed by and construed in accordance with the laws of the Republic of India.  

3. Jurisdiction

The Parties agree that the competent courts located in Madhya Pradesh, India, shall have exclusive jurisdiction to settle any dispute or claim that arises out of or in connection with this Agreement.  

Force Majeure

The Company shall not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond the Company’s reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation, act of God, war, terrorism, riot, embargoes, acts of civil or military authorities, fire, floods, accidents, epidemics, pandemics, or government-mandated restrictions.