Terms and Conditions | Privacy Policy

Virtual Golf ‘Ohana

Terms and Conditions | Privacy Policy

Participant Waiver of Liability & Assumption of Risk

All participants must agree and abide by the following terms for use of the golf simulator facilities provided by Virtual Golf ‘Ohana, as follows:

1. Definitions
   1. “Facility” means all simulator bays, short game areas, lounges, restrooms, hallways, parking areas, and any other space owned, leased or controlled by Kips Group Incorporated DBA Virtual Golf ‘Ohana.
   2. “Activity” means any use of golf simulator equipment or related amenities, including warmups, instruction, spectating, food and beverage service, and all movement within the Facility.
   3. “Participant” means the individual completing the booking and every guest, spectator, family member, or minor who enters the facility under the Participant’s booking. (All bookings must be made by a Participant who is 18 years of age or older.)
2. Acknowledgement and Assumption of Risks
   1. Participant understands and voluntarily accepts the inherent risks of the Activity, which include, but are not limited to:
      1. Being struck by golf clubs or golf balls
      2. Slips, trips, and falls on artificial turf, mats, or flooring

• Strains or sprains from swinging a golf club

1. Equipment malfunction or misuse
2. Contact with simulator enclosures, walls, pillars, benches/chairs, tables and/or other persons
3. Exposure to loud noises, bright lights, or flying objects

• The absence of immediate medical care
• The actions or negligence of other patrons or staff

18. 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, Participant assumes all risk and liability for Participant and Participant’s guests, including guests under the age of 18. Owner is not responsible for injuries, accidents, and/or death.

3. Release of Liability and Covenant Not to Sue
   1. To the fullest extent permitted by Hawai’i law, Participant releases, waives, and forever discharges Kips Group Incorporated DBA Virtual Golf ‘Ohana, 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 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
   1. 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:
      1. Participant’s or Participant’s guests use of the Facility.
      2. 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 and Payment Responsibility
   1. 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 Kips Group Incorporated DBA Virtual Golf ‘Ohana to charge the credit card on file or pursue any lawful means of collection for repair or replacement costs.
6. Health and Conduct
   1. Participant certifies that they and their guests
      1. Are not under the influence of illegal or controlled prescription drugs that could impair safe participation.
      2. Are not pregnant or will consult a physician before participating if needed.

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

1. Will always supervise any minors in their group and accept full responsibility for the minor’s participation, including the risks and liabilities outlined in this agreement.
2. Participant authorizes Virtual Golf ‘Ohana to seek medical attention on Participant’s behalf and will assume all costs associated with such care.
3. Virtual Golf ‘Ohana reserves the right to remove any person for unsafe or disruptive behavior with no refund.

7. Media Release
   1. Participant and Participant’s guests grant Virtual Golf ‘Ohana permission to use photographs or video taken during the Activity for promotional purposes, without compensation. (Participant may opt out of this clause by contacting Virtual Golf ‘Ohana directly.)
8. Governing Law and Venue
   1. 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 local in Hawai’i County, Hawai’i.
9. Severability
   1. If any portion of this Agreement is held invalid, the remainder shall remain in full force.
10. Entire Agreement
    1. This Agreement constitutes the entire agreement and supersedes all prior discussions. Participant has read, understood, and voluntarily agreed to these terms by completing their booking.