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Terms and Conditions | Privacy Policy

Liability Waiver & Assumption of Risk

1. Definitions

“Facility” means all simulator bays, short-game areas, lounges, restrooms, hallways, parking areas, and any other space owned, leased, or controlled by Triple T Landscape Corp. DBA Kona Golf Hale.

“Activity” means any use of golf-simulator equipment or related amenities, including warm-ups, instruction, spectating, food-and-beverage service, and all movement within the Facility.

“Participant” means the individual completing the booking and every guest, spectator, family member, or minor who enters the Facility under the Participant’s booking.

2. Acknowledgment & Assumption of Risks

Participant understands and voluntarily accepts the inherent risks of the Activity, which include, but are not limited to:

  • Being struck by golf clubs or golf balls;

  • Slips, trips, and falls on artificial turf, mats, or flooring;

  • Strains or sprains from swinging a golf club;

  • Equipment malfunction or misuse;

  • Contact with simulator enclosure, walls, pillars, benches/chairs, tables and/or other persons;

  • Exposure to loud noises, bright lights, or flying objects;

  • The absence of immediate medical care;

  • The actions or negligence of other patrons or staff.

Participant assumes full responsibility for any injury, illness, or property damage, whether suffered by Participant or Participant’s guests, arising out of or in any way connected to the Activity. By entering the facility, you assume all risk and liability. Owner is not responsible for injuries, accidents and/or death. Enter at your own risk. By entering this facility you agree to adhere to this notice and assume all liabilities for you and all your guests including children and pets.

3. Release of Liability & Covenant Not to Sue

To the fullest extent permitted by Hawai‘i law, Participant releases, waives, and forever discharges Triple T Landscape Corp. DBA Kona Golf Hale, its owners, managers, employees, agents, insurers, successors, and affiliated entities (“Released Parties”) from any and all claims, demands, or causes of action for injury, illness, death, or property damage arising from or related to the Activity—even if caused by the negligence of the Released Parties.

Participant agrees not to initiate or join any lawsuit or legal action against the Released Parties for any matter covered by this Agreement.

4. Indemnification

Participant agrees to defend, indemnify, and hold harmless the Released Parties from any claim, loss, liability, or expense (including reasonable attorneys’ fees) arising out of:

  • Participant’s or Participant’s guests’ use of the Facility;

  • Any damage to the Facility or third-party property caused by Participant or Participant’s guests;

  • Any claim brought by Participant’s guests, minors, or representatives.

5. Damage & Payment Responsibility

Participant is financially responsible for all damage (intentional, negligent, or accidental) caused to simulator screens, enclosures, clubs, equipment, furnishings, or any part of the Facility. Participant authorizes Triple T Landscape Corp. DBA Kona Golf Hale to charge the credit card on file or pursue any lawful means of collection for repair or replacement costs.

6. Health & Conduct

Participant certifies that they (and their guests):

  • Are not under the influence of illegal or controlled prescription drugs that could impair safe participation;

  • Are not pregnant, or will consult a physician before participating if needed;

  • Will follow all posted rules and verbal instructions from staff;

  • Will supervise any minors in their group at all times.

Kona Golf Hale reserves the right to remove any person for unsafe or disruptive behavior with no refund.

7. Media Release

Participant grants Kona Golf Hale permission to use photographs or video taken during the Activity for promotional purposes, without compensation.

8. Governing Law & Venue

This Agreement is governed by the laws of the State of Hawai‘i. Any dispute shall be resolved exclusively in the state or federal courts located in Hawai‘i County, HI.

9. Severability

If any portion of this Agreement is held invalid, the remainder shall remain in full force.

10. Entire Agreement

This document constitutes the entire agreement and supersedes all prior discussions. Participant has read, understood, and voluntarily agreed to these terms by completing their booking.

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