Waiver & Safety

RELEASE AND WAIVER OF LIABILITY AGREEMENT PLEASE READ CAREFULLY BEFORE ACCEPTING. THIS AGREEMENT IS A LEGALLY BINDING CONTRACT. IT INCLUDES A RELEASE OF LIABILITY, AN EXPRESS ASSUMPTION OF RISK, AN INDEMNIFICATION OBLIGATION, A COVENANT NOT TO SUE, A WAIVER OF JURY TRIAL, A WAIVER OF CLASS, COLLECTIVE, AND REPRESENTATIVE ACTIONS, A SHORTENED PERIOD WITHIN WHICH TO FILE SUIT, AND OTHER PROVISIONS THAT WILL MATERIALLY AFFECT YOUR LEGAL RIGHTS AND THE LEGAL RIGHTS OF YOUR GUESTS. BY ACCEPTING THIS AGREEMENT, YOU GIVE UP IMPORTANT LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE BUCKTOWN GOLF CLUB LLC AND ITS RELATED PARTIES FOR INJURIES, DEATH, OR OTHER LOSSES YOU OR YOUR GUESTS MAY SUFFER ON THE PREMISES—EVEN WHERE SUCH INJURIES, DEATH, OR LOSSES ARE CAUSED BY THE ORDINARY NEGLIGENCE OF BUCKTOWN GOLF CLUB LLC OR ANY PERSON ACTING ON ITS BEHALF. DO NOT ACCEPT THIS AGREEMENT IF YOU DO NOT UNDERSTAND IT, IF YOU DO NOT AGREE TO ITS TERMS, OR IF YOU HAVE NOT HAD A REASONABLE OPPORTUNITY TO REVIEW IT AND, IF YOU WISH, TO CONSULT WITH AN ATTORNEY OF YOUR CHOICE. This Release and Waiver of Liability Agreement (this “Agreement”) is entered into by the undersigned individual (“Participant”) in favor of Bucktown Golf Club LLC, an Illinois limited liability company (“Owner”), and the other Released Parties (as defined below). Owner owns and/or operates the indoor golf facility known as Bucktown Golf Club, located at 2309 N Damen Ave, Chicago, Illinois 60647 (the “Premises”). In consideration for being permitted to access and use the Premises and to participate in any and all activities, events, leagues, lessons, parties, simulator sessions, food or beverage service, or other uses taking place at or in connection with the Premises (collectively, the “Activities”), the receipt and sufficiency of which consideration Participant hereby acknowledges, Participant agrees as follows: 1. Definitions As used in this Agreement, the following terms have the meanings set forth below. Other capitalized terms are defined where used. (a) “Owner” means Bucktown Golf Club LLC, an Illinois limited liability company, and its successors and assigns. (b) “Released Parties” means Owner together with each of its past, present, and future parents, subsidiaries, affiliates, successors, assigns, members, managers, partners, officers, directors, shareholders, owners, employees, agents, independent contractors, operators, representatives, licensors, vendors, insurers, premises owners, and any other person or entity acting in any capacity on behalf of any of them. (c) “Claims” means any and all claims, demands, actions, causes of action, suits, proceedings, judgments, awards, settlements, damages (including without limitation direct, indirect, incidental, special, punitive, exemplary, and consequential damages), losses, liabilities, obligations, costs, fees, and expenses of any kind or nature whatsoever, whether known or unknown, suspected or unsuspected, fixed or contingent, accrued or unaccrued, asserted or unasserted, in law or in equity, in any jurisdiction in the world, including without limitation reasonable attorneys' fees, expert witness fees, and court costs. (d) “Negligence” means ordinary negligence in all forms, including without limitation active negligence, passive negligence, comparative negligence, contributory negligence, sole negligence, joint negligence, and concurrent negligence, but excludes such conduct, if any, as may not be released under Illinois law as a matter of public policy (such as gross negligence, willful or wanton misconduct, fraud, or intentional tort). (e) “Minor” means any person under eighteen (18) years of age. (f) “Guardian” means a parent or legal guardian of a Minor. (g) “Participant's Party” and “Guest” have the meanings given in Section 12. 2. Use of Premises; Responsibility for Property Participant agrees that: (a) Participant is responsible for the proper use and care of the Premises and any of Owner's property located thereon, including without limitation indoor golf simulators, screens, projectors, sensors, cameras, computer and display equipment, hitting mats, tee mats, dividers, bay enclosures, golf clubs, golf balls, furnishings, and fixtures (collectively, “Owner Property”); (b) Participant shall be liable for the full replacement cost of any Owner Property that is damaged, destroyed, lost, or stolen as a result of any act or omission of Participant or any member of Participant's Party; and (c) Participant shall comply with all posted signage, bay rules, and instructions of Owner's staff, and shall not modify, tamper with, disable, or alter any equipment or safety feature on the Premises. 3. Acknowledgment and Assumption of Risk Participant understands and acknowledges that the Premises and the Activities are inherently and unavoidably dangerous and that participation in or presence on the Premises may result in serious bodily injury, temporary or permanent disability, paralysis, dismemberment, death, illness, or property damage to Participant, to members of Participant's Party, to other persons, or to property. Participant specifically acknowledges and voluntarily assumes the following risks, among others, particular to indoor golf simulator facilities and the simulator bays located on the Premises (collectively, the “Simulators”): • being struck by a golf club, including during practice swings, backswings, follow-throughs, or club drops, whether by Participant, by another participant, or by any other person; • being struck by a golf ball, including by balls that ricochet, rebound, deflect, bounce, or otherwise travel back toward Participant or others from the impact screen, projection screen, projector or projector housing, side walls, ceiling, sensors, hitting mat, ball-return mechanism, or any other surface or object within or near a simulator bay; • eye injury, dental injury, facial injury, head injury, brain injury, fractures, lacerations, contusions, sprains, strains, and other orthopedic, musculoskeletal, neurological, or soft-tissue injuries arising from such impacts; • contact with or impact against the impact or projection screen, projector, sensors, cameras, computer or display equipment, hitting mats, tee mats, dividers, bay enclosures, cables, cords, or any other equipment, fixture, or furnishing within or surrounding a simulator bay; • entering, standing, walking, or otherwise being present within the swing path, hitting area, or ball flight path of any active or potentially active simulator bay; • slips, trips, and falls on or about the Premises; • contact, collision, or interaction with other participants, invitees, or third parties on the Premises, including without limitation the negligent, reckless, or intentional acts of such persons; • the strenuous and repetitive nature of swinging a golf club, which may aggravate pre-existing medical conditions or cause cardiovascular, orthopedic, muscular, or neurological events; • the combined effect of any consumption of food or beverages, including any alcoholic beverages permitted under Section 10, on coordination, balance, judgment, and reaction time during the Activities; and • general use of an indoor recreational facility, including all conditions of the Premises whether known, unknown, hidden, obvious, or latent. Participant understands that the foregoing list is illustrative and not exhaustive, and that other risks both known and unknown may exist. Participant further understands that some Activities may not be supervised, that Owner does not provide medical services, and that any injury Participant or any member of Participant's Party may sustain on the Premises may be compounded by negligent, delayed, or unavailable medical service. Participant agrees to follow all posted bay rules, signage, and instructions of Owner's staff, and to maintain a safe distance from any active hitting area. Participant is solely responsible for confirming the absence of persons, pets, and unsecured objects within the swing path and ball-flight path before initiating any swing. PARTICIPANT VOLUNTARILY, KNOWINGLY, AND FREELY ASSUMES ALL RISKS AND DANGERS, BOTH KNOWN AND UNKNOWN, ASSOCIATED WITH PARTICIPANT'S ENTRY UPON, USE OF, AND PARTICIPATION IN ACTIVITIES ON THE PREMISES, INCLUDING WITHOUT LIMITATION THE RISK OF SERIOUS BODILY INJURY, TEMPORARY OR PERMANENT DISABILITY, PARALYSIS, DISMEMBERMENT, DEATH, ILLNESS, OR PROPERTY DAMAGE, WHETHER CAUSED BY THE NEGLIGENCE OF OWNER OR ANY RELEASED PARTY, BY THE ACTS OR OMISSIONS OF OTHER PERSONS, OR BY ANY OTHER CAUSE WHATSOEVER. 4. Release and Waiver of Liability In consideration of being permitted to enter and use the Premises and to participate in the Activities, Participant, for Participant and Participant's heirs, executors, administrators, personal representatives, spouse, children, wards, successors, and assigns, hereby fully, finally, and forever releases, acquits, and discharges Owner and the Released Parties from any and all Claims arising out of, related to, in connection with, or resulting from (a) Participant's entry upon, presence on, or use of the Premises; (b) Participant's participation in any Activities; (c) the condition of the Premises or any Owner Property; or (d) any act or omission of Owner, any Released Party, any other participant, or any third party on or in connection with the Premises. THIS RELEASE EXPRESSLY INCLUDES, AND IS INTENDED TO COVER, ANY AND ALL CLAIMS ARISING OUT OF OR RELATING TO THE NEGLIGENCE OF OWNER OR ANY RELEASED PARTY, INCLUDING WITHOUT LIMITATION ANY ACTIVE OR PASSIVE NEGLIGENCE, COMPARATIVE NEGLIGENCE, CONTRIBUTORY NEGLIGENCE, SOLE NEGLIGENCE, JOINT NEGLIGENCE, OR CONCURRENT NEGLIGENCE OF OWNER OR ANY RELEASED PARTY, AND ANY CLAIM FOR PREMISES LIABILITY, NEGLIGENT SUPERVISION, NEGLIGENT HIRING, NEGLIGENT TRAINING, NEGLIGENT MAINTENANCE, NEGLIGENT DESIGN, NEGLIGENT INSTRUCTION, OR ANY OTHER CLAIM FOUNDED IN NEGLIGENCE OR BREACH OF DUTY OF CARE. The parties agree that this release is intended to be construed as broadly and inclusively as permitted by Illinois law and to relieve Owner and the Released Parties from liability to the maximum extent permitted by law. Nothing in this Agreement is intended to release Owner or any Released Party from liability for gross negligence, willful or wanton misconduct, fraud, intentional tort, or any other conduct that, as a matter of Illinois public policy, may not be released by an exculpatory agreement; provided, however, that no such excluded conduct shall be presumed, and the burden of proving any such conduct shall rest on the party asserting the Claim. 5. Covenant Not to Sue Participant agrees, for Participant and Participant's heirs, executors, administrators, personal representatives, spouse, children, wards, successors, and assigns, that Participant shall not (a) file, commence, or maintain any lawsuit, claim, action, or proceeding against any Released Party, or (b) initiate, assist, fund, encourage, or participate in the prosecution of any claim or cause of action against any Released Party, in either case arising out of or related to any matter released under Section 4 or any other provision of this Agreement. If Participant breaches this covenant, Participant shall pay all attorneys' fees, costs, and expenses incurred by the Released Parties in defending or responding to such matter, as further set forth in Section 19. 6. Indemnification by Participant Participant agrees to defend (with counsel of Owner's choosing), indemnify, and hold harmless Owner and each Released Party from and against any and all Claims arising out of, related to, or resulting from (a) Participant's entry upon or use of the Premises; (b) Participant's participation in any Activities; (c) any act or omission of Participant or any member of Participant's Party on or in connection with the Premises; (d) any breach of this Agreement by Participant or any member of Participant's Party; or (e) any Claim brought by, on behalf of, or through Participant or any member of Participant's Party against any Released Party. Participant's indemnification obligation under this Section is independent of, and in addition to, the release and covenant not to sue set forth elsewhere in this Agreement, and shall apply regardless of any allegation or finding of negligence on the part of Owner or any Released Party, but shall not extend to Claims attributable solely to the gross negligence, willful or wanton misconduct, or intentional tort of the indemnified party. 7. Responsibility for Personal Property Participant acknowledges and agrees that Participant is fully and solely responsible for any personal property, equipment, clothing, golf clubs, bags, electronics, and other belongings that Participant or any member of Participant's Party brings onto the Premises. Owner and the Released Parties shall not be responsible for, and shall not be required to provide security for, any loss, theft, damage, or destruction of any such property, whether occurring on the Premises, in storage areas, in vehicles parked on or near the Premises, or otherwise. 8. No Representations by Owner; “AS IS” Condition Owner makes no representations or warranties, express or implied, with respect to (a) the condition of the Premises; (b) the safety, fitness, suitability, or merchantability of any structure, fixture, equipment, simulator, club, ball, mat, screen, or other property on the Premises; or (c) the suitability of the Premises or any Activity for any particular purpose. Participant accepts and uses the Premises and all equipment and property thereon in their “AS IS, WHERE IS, WITH ALL FAULTS” condition. Participant is not relying upon any oral or written representation or statement of Owner or any Released Party in entering into this Agreement, except as expressly set forth herein. ALL IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, ARE EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW. 9. Compliance with Laws and Rules Participant agrees to comply with, and to ensure that each member of Participant's Party complies with, (a) all applicable federal, state, and local laws, rules, ordinances, and regulations; (b) all rules, policies, signage, and instructions of Owner and its staff, including without limitation any posted bay rules, safety rules, dress code, or facility guidelines, whether or not specifically referenced herein; and (c) any modifications to such rules from time to time. Such rules are incorporated into this Agreement by this reference as if fully set forth herein. Owner reserves the right, in its sole and absolute discretion and without liability, to refuse entry to, remove, eject, or terminate the access of Participant or any member of Participant's Party for any reason or no reason, including without limitation any violation or suspected violation of this Section. 10. Alcohol; Bring-Your-Own-Beverage (“BYOB”) Policy Participant acknowledges and agrees that: (a) Owner does not hold a retail liquor license and does not sell, serve, furnish, or supply alcoholic beverages on the Premises. To the extent Owner permits Participant or any member of Participant's Party to bring alcoholic beverages onto the Premises (a “BYOB” arrangement), any such beverages are brought, possessed, and consumed entirely at the risk of Participant and Participant's Party; (b) Participant is and shall remain solely responsible for: (i) Participant's own consumption of alcoholic beverages on the Premises; (ii) ensuring that no alcoholic beverage possessed, brought, or consumed by Participant or any member of Participant's Party is furnished, served, given, or otherwise made available, directly or indirectly, to any person under twenty-one (21) years of age; and (iii) compliance with all applicable federal, state, and local laws and ordinances relating to alcohol, including without limitation the Illinois Liquor Control Act of 1934, 235 ILCS 5/1-1 et seq., and the Chicago Municipal Code; (c) Consumption of alcohol materially increases the risks associated with participation in the Activities, including without limitation impaired coordination, balance, judgment, and reaction time, and Participant expressly and voluntarily assumes such additional risks on behalf of Participant and Participant's Party; (d) Owner reserves the absolute right, in its sole discretion and without liability, to: (i) refuse entry to any person who appears to be intoxicated or impaired; (ii) require Participant or any member of Participant's Party to surrender, dispose of, or discontinue consumption of any alcoholic beverage; (iii) suspend, restrict, or terminate access to the Premises and the Activities at any time; and (iv) require Participant and Participant's Party to leave the Premises; (e) Owner makes no representation that any BYOB arrangement is appropriate, advisable, or suitable for any particular purpose, and disclaims all responsibility for any incident, injury, illness, damage, claim, or consequence arising from or relating to the consumption, possession, or transport of alcohol on the Premises or thereafter, including without limitation any subsequent driving, operation of machinery, or other activity by Participant or members of Participant's Party after leaving the Premises; and (f) Participant agrees to defend, indemnify, and hold harmless Owner and the Released Parties from and against any and all Claims arising out of or related to any alcoholic beverage brought, possessed, served, consumed, or otherwise distributed by Participant or any member of Participant's Party on or in connection with the Premises, including without limitation any claim that a person under twenty-one (21) years of age obtained alcohol from Participant or Participant's Party, any claim of over service, any social host liability claim, and any Claim arising from or asserted by reason of the acts or omissions of an intoxicated person. 11. Minor Participants; Parent or Guardian Consent The following provisions apply where Participant is, or any member of Participant's Party is, a Minor: (a) Each Minor entering the Premises or participating in any Activity must at all times be accompanied by a Guardian (or by an adult expressly authorized in writing by a Guardian) who has accepted this Agreement on the Minor's behalf; (b) By accepting this Agreement on behalf of a Minor, the undersigned Guardian represents and warrants that the Guardian is the parent or legal guardian of the Minor and has full legal authority to execute and accept this Agreement on behalf of, and to bind, the Minor; (c) The Guardian, on behalf of the Guardian individually and on behalf of the Minor and the Minor's heirs, executors, administrators, personal representatives, and assigns, agrees that all acknowledgments, assumptions of risk, releases, waivers, covenants not to sue, and indemnifications set forth in this Agreement shall apply with equal force and effect to the Minor as if the Minor were the Participant, and shall be binding upon both the Guardian and the Minor to the maximum extent permitted by law; (d) The Guardian acknowledges that the Activities may present additional or heightened risks to a Minor, and the Guardian voluntarily and knowingly assumes all such risks on the Minor's behalf; (e) The Guardian shall be solely responsible for the supervision, conduct, and safety of the Minor while on the Premises, and agrees to defend, indemnify, and hold harmless Owner and the Released Parties from and against any and all Claims arising out of or relating to the Minor's presence on the Premises or participation in any Activities, including without limitation any Claim brought by, on behalf of, or through the Minor; (f) To the fullest extent permitted by law, in the event any release, waiver, covenant not to sue, or other provision of this Agreement is held unenforceable as applied to any Claim of the Minor, all such provisions shall remain fully enforceable as to any Claim of the Guardian individually, including without limitation any Claim for loss of consortium, services, society, or companionship, and any Claim for medical, hospital, funeral, or related expenses incurred by the Guardian on the Minor's behalf; (g) In the event it is determined that the undersigned was not the legal parent or guardian of the Minor or otherwise lacked authority to bind the Minor, the undersigned shall personally defend, indemnify, and hold harmless Owner and the Released Parties from and against any and all Claims arising out of or relating to the Minor's presence on the Premises or participation in the Activities; and (h) Under no circumstances shall any alcoholic beverage be furnished, served, given, or made available to any Minor on the Premises. Participant and Guardian agree to maintain strict supervision to prevent any such occurrence, and acknowledge that any violation is grounds for immediate removal from the Premises and may result in civil and criminal liability under Illinois law. 12. Participant's Party; Responsibility for Guests For purposes of this Agreement, “Participant's Party” means each individual who accompanies Participant to the Premises or whom Participant invites, books, brings, hosts, or otherwise causes to enter the Premises in connection with Participant's visit, including without limitation Participant's spouse, partner, children, wards, family members, friends, business associates, league members, employees, customers, clients, and other guests (each, a “Guest”). Participant agrees that: (a) Participant represents and warrants that Participant has full authority to enter into this Agreement on behalf of, and to bind, each member of Participant's Party to the terms hereof, and acknowledges that Owner is relying on this representation in permitting Participant and Participant's Party to enter the Premises; (b) On behalf of Participant and on behalf of each Guest (and their respective heirs, executors, administrators, personal representatives, and assigns), Participant adopts, ratifies, and confirms each acknowledgment, assumption of risk, release, waiver, covenant not to sue, indemnification, and other agreement set forth in this Agreement as if separately made by each Guest, and agrees that all such provisions shall apply with full force and effect to each Guest while on the Premises or participating in the Activities; (c) Participant shall be solely responsible for the conduct, supervision, and safety of each Guest while on the Premises, and for ensuring that each Guest complies with this Agreement, all posted rules and signage, and all instructions of Owner's staff; (d) Participant agrees to defend, indemnify, and hold harmless Owner and the Released Parties from and against any and all Claims (i) brought by, on behalf of, or through any Guest arising out of or relating to the Guest's presence on the Premises or participation in the Activities, (ii) caused by or resulting from any act or omission of any Guest on the Premises, including without limitation damage to Owner Property and injury to any other person, and (iii) arising from any breach of this Agreement by any Guest; (e) In the event it is determined that Participant did not have legal authority to bind any Guest to this Agreement, Participant shall nevertheless personally defend, indemnify, and hold harmless Owner and the Released Parties from and against any and all Claims brought by or on behalf of such Guest arising out of or relating to the Guest's presence on the Premises or participation in the Activities; and (f) Owner reserves the right, in its sole discretion, to require any adult Guest to separately accept this Agreement before entry, and Participant acknowledges that this Section is intended to supplement, and not replace, individual acceptance where Owner requires it. 13. Photo, Video, and Media Release Participant grants to Owner and the Released Parties, in perpetuity and on a worldwide, royalty-free, fully paid-up, non-exclusive, transferable, sublicensable basis, the right and license to photograph, film, record, livestream, broadcast, and otherwise capture Participant's image, likeness, voice, name, and performance while on the Premises or participating in the Activities, and to use, reproduce, edit, modify, distribute, publish, exhibit, perform, display, and exploit such recordings and any derivative works in any and all media, now known or hereafter developed, including without limitation Owner's website, social media accounts, advertising, marketing, promotional materials, and commercial materials, without further notice, consent, compensation, royalty, accounting, or other obligation to Participant. Participant waives any right to inspect or approve any such recording or use thereof and releases Owner and the Released Parties from any and all Claims arising from such use, including without limitation Claims for invasion of privacy, right of publicity, defamation, false light, misappropriation, or violation of the Illinois Right of Publicity Act, 765 ILCS 1075/1 et seq. Participant further acknowledges that the Premises may be monitored by audio and/or video security systems and that Participant has no expectation of privacy with respect to such monitoring. 14. Physical Condition; Fitness to Participate Participant represents and warrants that: (a) Participant is in good physical condition and is medically and physically able to participate safely in the Activities; (b) Participant is not aware of any physical, mental, or medical condition, impairment, injury, medication, intoxication, or treatment that would prevent Participant from safely participating in the Activities or that would create a risk of injury to Participant or others; (c) Participant has not been advised by a physician or other healthcare professional to refrain from physical activity of the type involved in the Activities, and has had the opportunity to consult with a physician regarding Participant's fitness to participate prior to entering the Premises; (d) Participant shall immediately cease participation and notify Owner's staff if Participant experiences any pain, discomfort, dizziness, shortness of breath, or other symptom suggesting Participant should stop; and (e) The same representations are made by Participant on behalf of each member of Participant's Party. Owner has no obligation to assess the fitness of Participant or any Guest to participate and has relied upon Participant's representations herein. 15. Emergency Medical Authorization In the event of accident, injury, or illness on the Premises, Participant authorizes Owner and the Released Parties to, at Owner's discretion: (a) summon emergency medical services on Participant's behalf or on behalf of any member of Participant's Party; (b) administer basic first aid; and (c) transport or arrange for transportation to a hospital or other medical facility if Owner reasonably determines such action to be necessary or appropriate. Participant agrees that Participant is and shall remain solely responsible for any and all medical, ambulance, hospital, and related costs incurred in connection with any such emergency response with respect to Participant or any member of Participant's Party, and shall not seek reimbursement from Owner or any Released Party. Where this Agreement is accepted by a Guardian on behalf of a Minor, the Guardian grants the same authorization with respect to the Minor and agrees to be financially responsible for any such costs. 16. Insurance Representation Participant represents and warrants that Participant has, and during all periods of presence on the Premises will maintain, adequate personal health, accident, disability, and liability insurance and/or sufficient personal financial resources to (a) cover any medical, hospital, rehabilitation, or related expenses incurred by Participant or any member of Participant's Party in connection with any injury or illness arising on the Premises, and (b) fully fund Participant's defense, indemnification, hold-harmless, and other obligations under this Agreement, including without limitation any Claims brought by or on behalf of any Guest, any Minor, or any third party. Owner has relied on this representation in permitting Participant and Participant's Party to enter the Premises. Owner is not obligated to maintain insurance for the benefit of Participant or any member of Participant's Party, and any insurance maintained by Owner is for Owner's own benefit only and confers no rights upon Participant or any third party. 17. Recurring Visits; Continuing Effect Participant acknowledges and agrees that this Agreement shall apply to Participant's first visit to the Premises and to each and every subsequent visit by Participant or any member of Participant's Party to the Premises, and to each and every Activity in which Participant or any member of Participant's Party participates, regardless of whether Participant is required to re-execute this Agreement on any subsequent visit. The waivers, releases, indemnifications, and other agreements set forth herein shall continue in full force and effect with respect to each such visit and Activity until and unless this Agreement is expressly superseded in writing by a subsequent waiver executed by Participant. Each entry by Participant or any member of Participant's Party onto the Premises constitutes Participant's renewed acceptance of, and reaffirmation of, this Agreement, and Participant's electronic acceptance hereof shall be deemed re-given as of each such entry. 18. Statute of Limitations; Time Bar To the fullest extent permitted by applicable law, Participant and each member of Participant's Party agree that any Claim arising out of or relating to this Agreement, the Premises, or the Activities must be commenced, if at all, by the filing of a complaint or other appropriate initiating pleading in a court of competent jurisdiction within one (1) year after the date on which the cause of action accrues, regardless of any longer limitation period that would otherwise apply by statute (including without limitation 735 ILCS 5/13-202) or by common law. Any Claim not commenced within such one-year period shall be permanently and forever barred. If applicable law prohibits the parties from contractually agreeing to a one-year limitation period, then the shortest period permitted by applicable law shall apply. The parties acknowledge that this shortened limitations period is a material term of this Agreement and a material inducement to Owner's willingness to permit Participant and Participant's Party to enter the Premises. 19. Attorneys' Fees and Costs In the event of any action, suit, claim, arbitration, or proceeding (a) brought by Participant or any member of Participant's Party against Owner or any Released Party in violation of this Agreement (including without limitation in violation of the release in Section 4 or the covenant not to sue in Section 5), or (b) brought by Owner or any Released Party to enforce, interpret, or seek a declaration with respect to this Agreement, the prevailing party shall be entitled to recover from the non-prevailing party all reasonable attorneys' fees, paralegal fees, court costs, expert witness fees, deposition costs, mediation and arbitration fees, and other costs and expenses (including such fees and costs incurred on appeal and in any post-judgment proceedings) incurred in connection with such matter. This provision shall apply regardless of whether such matter proceeds to final judgment or is otherwise resolved, shall be in addition to (and not in lieu of) Participant's indemnification obligations under this Agreement, and shall survive any termination, expiration, or rescission of this Agreement. 20. Governing Law and Venue This Agreement shall be governed by and construed in accordance with the laws of the State of Illinois, without giving effect to any choice-of-law or conflict-of-law principles that would result in the application of the laws of any other jurisdiction. Participant agrees that any action, suit, claim, or proceeding arising out of or relating to this Agreement, the Premises, or the Activities shall be brought exclusively in a state or federal court located in Cook County, Illinois, and Participant irrevocably submits to the exclusive personal jurisdiction and venue of such courts and waives any objection based on forum non conveniens or improper venue. 21. Jury Trial Waiver PARTICIPANT, ON BEHALF OF PARTICIPANT AND PARTICIPANT'S PARTY, HEREBY KNOWINGLY, VOLUNTARILY, AND INTENTIONALLY WAIVES, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ANY RIGHT TO A TRIAL BY JURY IN ANY ACTION, SUIT, CLAIM, OR PROCEEDING DIRECTLY OR INDIRECTLY ARISING OUT OF, RELATING TO, OR IN CONNECTION WITH THIS AGREEMENT, THE PREMISES, THE ACTIVITIES, OR ANY INJURY, DAMAGE, OR LOSS SUSTAINED OR ALLEGED TO HAVE BEEN CAUSED OR SUSTAINED IN CONNECTION WITH THE ACTIVITIES OR PARTICIPANT'S OR PARTICIPANT'S PARTY'S PRESENCE ON THE PREMISES, WHETHER SOUNDING IN CONTRACT, TORT, STATUTE, OR ANY OTHER THEORY OF LIABILITY. Participant represents and warrants that: (a) no representative, agent, or attorney of Owner has represented, expressly or otherwise, that Owner would not, in the event of any such action, suit, claim, or proceeding, seek to enforce this jury trial waiver; (b) Participant has been induced to enter into this Agreement by, among other things, the waivers and certifications in this Section; and (c) Participant has had a reasonable opportunity to consult with counsel of Participant's own choosing regarding this waiver. This waiver is a material inducement to Owner's willingness to permit Participant and Participant's Party to enter the Premises and shall survive termination of this Agreement. 22. Class, Collective, and Representative Action Waiver PARTICIPANT, ON BEHALF OF PARTICIPANT AND PARTICIPANT'S PARTY, AGREES THAT ANY ACTION, SUIT, CLAIM, OR PROCEEDING BROUGHT AGAINST OWNER OR ANY RELEASED PARTY ARISING OUT OF OR RELATING TO THIS AGREEMENT, THE PREMISES, OR THE ACTIVITIES MUST BE BROUGHT IN PARTICIPANT'S INDIVIDUAL CAPACITY ONLY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, CONSOLIDATED, MASS, REPRESENTATIVE, OR PRIVATE ATTORNEY GENERAL ACTION OR PROCEEDING. Participant expressly waives any right to bring or participate in any class, collective, consolidated, mass, representative, or private attorney general action, and waives any right to act as a class representative, named plaintiff, or private attorney general. No arbitrator or court shall have authority to (a) consolidate the Claims of Participant with the Claims of any other person, or (b) preside over any class, collective, consolidated, mass, representative, or private attorney general proceeding involving the Claims of Participant. If a court or arbitrator determines that any portion of this Section is unenforceable with respect to any Claim, then such Claim (and only such Claim) shall be severed and may proceed in court, while all remaining Claims shall be adjudicated on an individual basis. 23. Electronic Signature; Acceptance Participant acknowledges and agrees that this Agreement may be executed and accepted electronically, and that Participant's electronic signature, electronic submission, click-through assent, checkbox acceptance, or other electronic affirmation of agreement shall have the same legal force, effect, validity, and enforceability as an original handwritten signature on a paper copy of this Agreement. Participant consents to the use of electronic records and electronic signatures in connection with this Agreement in accordance with the federal Electronic Signatures in Global and National Commerce Act, 15 U.S.C. § 7001 et seq., and the Illinois Uniform Electronic Transactions Act, 815 ILCS 333/1 et seq. Participant further acknowledges that: (a) electronic delivery of this Agreement constitutes effective notice and delivery; (b) Participant has the technical means to access, view, retain, and print this Agreement; (c) Participant has been provided a reasonable opportunity to review this Agreement before submitting electronic acceptance; (d) Participant's submission of electronic acceptance constitutes Participant's intent to be bound by this Agreement and to be deemed the signer of this Agreement for all purposes; and (e) where this Agreement is accepted on behalf of a Minor, the foregoing applies with equal force to the Guardian's electronic acceptance. A photocopy, image, electronic record, or printout of an electronically accepted version of this Agreement shall be admissible in any proceeding to the same extent as a signed original. 24. Assignment This Agreement is personal to Participant and may not be assigned, transferred, or delegated by Participant, in whole or in part, whether voluntarily, involuntarily, or by operation of law, without Owner's prior written consent. Owner may freely assign, transfer, or delegate this Agreement, in whole or in part, to any successor in interest or to any of its parents, subsidiaries, affiliates, or other related parties, without the consent of or notice to Participant. This Agreement shall be binding upon, and shall inure to the benefit of, the parties hereto and their respective heirs, executors, administrators, personal representatives, successors, and permitted assigns, and shall benefit each Released Party as an intended third-party beneficiary entitled to enforce this Agreement directly. 25. Waiver of Rights No waiver of any term, condition, or right in this Agreement shall be effective unless in writing and signed by an authorized officer of Owner. No failure or delay by Owner to enforce any provision of this Agreement, and no course of dealing or course of performance, shall be construed as a waiver or modification of such provision or of any other provision, or as a waiver of any right to enforce such provision or any other provision thereafter. A waiver of any breach shall not constitute a waiver of any subsequent breach. 26. Severability; Reformation; Blue Pencil If any provision of this Agreement, or the application of any provision to any person or circumstance, is held by a court of competent jurisdiction to be illegal, invalid, void, or unenforceable, in whole or in part, then (a) such provision shall be deemed modified and reformed to the minimum extent necessary to render it legal, valid, and enforceable while preserving to the maximum extent possible the intent of the parties; (b) if such modification is not permitted by law, the offending provision shall be severed from this Agreement; and (c) the remaining provisions of this Agreement, and the application of the offending provision to persons or circumstances other than those as to which it is invalid or unenforceable, shall continue in full force and effect and shall be enforceable to the maximum extent permitted by law. The parties expressly intend that each release, waiver, assumption of risk, covenant not to sue, indemnification, jury trial waiver, class action waiver, statute of limitations provision, and other risk-shifting provision in this Agreement be enforced to the broadest extent permitted by Illinois law, and the parties hereby grant to any reviewing court the express authority to “blue-pencil,” narrow, reform, or otherwise modify any such provision to the extent necessary to ensure its enforcement to the maximum permissible degree. 27. Construction; Headings; Counterparts (a) Section headings and captions in this Agreement are for convenience of reference only and shall not be considered in interpreting or construing any provision hereof. (b) This Agreement shall be deemed to have been drafted jointly by the parties, and no rule of construction or presumption against the drafting party shall apply. Participant acknowledges that Participant has had a reasonable opportunity to review this Agreement with counsel of Participant's own choosing. (c) The words “including” and “include” mean “including without limitation” wherever used. The words “or” and “any” are not exclusive. The singular includes the plural and vice versa, and references to one gender include all genders. (d) The provisions of this Agreement that by their nature should survive the termination of, or any participant's last visit under, this Agreement—including without limitation Sections 4, 5, 6, 10, 11, 12, 13, 16, 18, 19, 20, 21, 22, 24, and 26—shall so survive. (e) This Agreement may be executed in counterparts (including electronic counterparts), each of which shall be deemed an original and all of which together shall constitute one and the same instrument. 28. Entire Agreement; Modification; No Reliance This Agreement constitutes the entire agreement between Participant and Owner with respect to the subject matter hereof and supersedes any and all prior or contemporaneous agreements, understandings, communications, representations, or warranties, whether written, oral, or electronic, relating to such subject matter. No change, modification, amendment, or addition to this Agreement shall be valid or binding unless in writing and signed by an authorized officer of Owner; Owner reserves the right to modify the form of this Agreement applicable to future visits. Participant represents and warrants that Participant is not relying upon, and has not been induced by, any statement, representation, inducement, or promise of Owner or any Released Party not expressly set forth in this Agreement. 29. Acknowledgment FINAL ACKNOWLEDGMENT. BY ELECTRONICALLY ACCEPTING THIS AGREEMENT, PARTICIPANT ACKNOWLEDGES AND AGREES THAT: (I) PARTICIPANT HAS CAREFULLY READ THIS ENTIRE AGREEMENT, HAS HAD A REASONABLE OPPORTUNITY TO ASK QUESTIONS ABOUT ITS TERMS AND TO CONSULT WITH AN ATTORNEY, AND FULLY UNDERSTANDS ITS CONTENT AND LEGAL EFFECT; (II) PARTICIPANT UNDERSTANDS THAT THIS AGREEMENT INCLUDES A RELEASE OF LIABILITY (INCLUDING FOR THE NEGLIGENCE OF OWNER AND THE RELEASED PARTIES), AN EXPRESS ASSUMPTION OF RISK, AN INDEMNIFICATION OBLIGATION, A COVENANT NOT TO SUE, A JURY TRIAL WAIVER, A CLASS, COLLECTIVE, AND REPRESENTATIVE ACTION WAIVER, A SHORTENED LIMITATIONS PERIOD, AND OTHER PROVISIONS THAT MATERIALLY AFFECT PARTICIPANT'S LEGAL RIGHTS; (III) PARTICIPANT IS AT LEAST EIGHTEEN (18) YEARS OF AGE AND FULLY COMPETENT TO ACCEPT THIS AGREEMENT, OR THIS AGREEMENT IS BEING ACCEPTED ON BEHALF OF A MINOR BY THE MINOR'S PARENT OR LEGAL GUARDIAN AS PROVIDED IN SECTION 11; (IV) PARTICIPANT IS ACCEPTING THIS AGREEMENT VOLUNTARILY, FOR ADEQUATE CONSIDERATION, WITHOUT DURESS OR INDUCEMENT, AND WITH THE FULL INTENT TO BE LEGALLY BOUND BY ITS TERMS; AND (V) NO STATEMENT, REPRESENTATION, INDUCEMENT, OR PROMISE NOT EXPRESSLY SET FORTH IN THIS AGREEMENT HAS BEEN MADE TO OR RELIED UPON BY PARTICIPANT.