Richard McEvoy Golf Academy

Waiver

Richard McEvoy Golf Academy: Waiver

Adult Members
1. I wish to use the facilities at the gym and training centre located at 10 Towerfield Road, Shoeburyness, Essex. SS3 9QE (Academy), owned and operated by Richard McEvoy Golf Academy Limited (registered with company number 15573702 and whose registered address is 10 Towerfield Road, Shoeburyness, Southend-On-Sea SS3 9QE (Company).
2. I confirm that I:
  1. am 18 years old or older; and
  2. will always comply with the Academy’s rules (Rules), all safety instructions, and any other instructions or advice provided to me by the Company.
3. I acknowledge that my use of the Academy could be physically challenging and carries with it risks that the Company cannot entirely eliminate. These include risk arising from:
  1. using gym equipment (such as muscle strains);
  2. other members (such as being hit by stray golf-balls or having equipment dropped on me resulting in bruising, broken bones or even death);
  3. using the plunge pool (including drowning); and
  4. hot surfaces whilst using the infra-red sauna.
4. I understand that by using the facilities at the Academy I could be putting myself at risk of injury (as set out above).
5. I agree that, at all times whilst at the Academy, I will:
  1. act responsibly and sensibly;
  2. at all times comply with the Rules;
  3. ensure any equipment I bring to the Academy is in good working order and functioning correctly;
  4. not be under the influence of alcohol or drugs; and
  5. respect and treat any equipment at the Academy with care.
6. I acknowledge that I am responsible for my own safety (and the safety of my possessions) whilst using the Academy. I also acknowledge that a reasonable level of fitness and ability is required to use some of the facilities at the Academy and that I should only use the Academy’s facilities if I am physically able to do so.
7. I acknowledge that the Company is not qualified to express an opinion that I am fit to use the Academy’s facilities, and I certify, to the best of my knowledge, that I do not have a medical condition which might have the effect of making it more likely that I will be involved in an incident which could result in injury to me or others.
8. I declare that, being fully aware of the risks, my use of the Academy is purely voluntary and that I will only engage in actives at the Academy which are commensurate with my fitness, health and ability.
Declaration on behalf of Junior Member
1. I am the parent/ guardian of the Junior(s) listed in the application. I wish for the Junior to use the Academy.
2. I will ensure that the Junior complies at all times with safety instructions, and any other instructions or advice provided to them or me by the Company.
3. I acknowledge that my use of the Academy could be physically challenging and carries with it risks that the Company cannot entirely eliminate. Therefore, any Juniors must be 16 years and over to use the Gym unless accompanied by a responsible adult. These include risk arising from:
  1. using gym equipment (such as muscle strains);
  2. other members (such as being hit by stray golf-balls or having equipment dropped on me resulting in bruising, broken bones or even death);
  3. using the plunge pool (including drowning); and
  4. hot surfaces whilst using the infra-red sauna.
4. I understand that by using the Academy, the Junior is putting themselves at risk of injury (as set out above).
5. I agree that I will ensure that the Junior, at all times when at the Academy:
  1. acts responsibly and sensibly;
  2. at all times complies with the Rules;
  3. is not under the influence of alcohol or drugs; and
  4. respects and treats any equipment at the academy with care.
6. In addition to the above, I also agree that I will ensure that any equipment the Junior brings to the Academy is in good working order and functioning correctly.
7. I acknowledge that I am responsible for the safety of the Junior (and the safety of their possessions) whilst at the Academy. I also acknowledge that a reasonable level of fitness and ability is required to use the Academy and that I will not allow the Junior to use the Academy unless I am satisfied that they are physically able to do so.
8. I acknowledge that the Company is not qualified to express an opinion that the Junior is fit to safely use the Academy and I certify, to the best of my knowledge, that the Junior does not have a medical condition which might have the effect of making it more likely that they will be involved in an incident which could result in injury to them or others.
9. I declare that, being fully aware of the risks, the Junior’s use of the Club is purely voluntary and that they will only engage in actives at the Academy which are commensurate with their fitness, health and ability.
Declaration
I agree that my use of the Academy (and the Junior’s) is entirely at my risk. I acknowledge and agree that, in the absence of any negligence or other breach of duty by the Company, the use of the Academy by me and the Junior is entirely at my own risk.
Further, in the absence of any negligence or other breach of duty by the Company, I agree that the Company is not responsible for any theft, damage, destruction or loss of my property (or the property of the Junior) whilst using the Academy.
Nothing in this disclaimer shall limit the Company’s liability for death or personal injury arising from its negligence.

By agreeing to this waiver you are declaring and agreeing that:

YOU HAVE READ AND UNDERSTand THIS DISCLAIMER.

YOU ARE ABLE TO CONTACT THE COMPANY TO ASK QUESTIONS TO CLARIFY ANYTHING IN THIS DISCLAIMER YOU DO NoT UNDERSTAND.
IN THE ABSENCE OF ANY NEGLIGENCE OR OTHER BREACH OF DUTY BY THE COMPANY, THAT YOU use, and the Junior’s Use of, the Academy is ENTIRELY AT YOUR OWN RISK.

61491261.v3 Richard McEvoy Golf Academy Waiver

387627.00001 29/10/2024

Richard McEvoy Golf Academy – Waiver

Waiver