PIPE GOLF LLC

RELEASE OF LIABILITY, ASSUMPTION OF RISK, AND INDEMNIFICATION AGREEMENT

(Minnesota)

This Release of Liability, Assumption of Risk, and Indemnification Agreement (“Agreement”) is made by and between the purchaser and/or user (“User”) of the Pipe Golf training aid and related accessories (the “Product”) and Pipe Golf LLC, a Minnesota limited liability company (“Company”). By purchasing, assembling, or using the Product, User agrees to be legally bound by this Agreement.

1) Purpose; Best-Practice Disclosures (Minnesota)

This Agreement is intended to be clear, specific, and conspicuous to satisfy Minnesota requirements for liability releases and risk assumptions. It waives claims for ordinary negligence only and does not waive claims for gross negligence, willful or wanton misconduct, or other non-waivable rights under Minnesota law.

2) Definition of “Proper Use” (Training Speed Only)

For all purposes of this Agreement, “Proper Use” means use of the Product solely for swing-path visualization and training with a slow, smooth, and controlled swing motion. The Product is not intended for full-speed, forceful, or impact-driven swings. Any high-velocity, aggressive, reckless, or impact use constitutes misuse and voids any warranty and any claim of liability against the Company.

3) Eligibility; Purchaser Age and Minor Use

Purchaser must be at least 18 years of age and legally capable of entering this Agreement.

1. The Product may be used by minors only under direct adult supervision.

2. The adult purchaser/supervising adult assumes full responsibility and liability for any injury, damage, or misuse by a minor.

3. The Company is not liable for any claim, injury, or damage arising from a minor’s use, whether supervised or unsupervised.

4) Acknowledgment of Inherent Risks

User understands that golf training involves inherent risks, including but not limited to: impact injuries; trips/falls; contact with the alignment rod, stakes, or pipe assembly; damage to clubs, balls, or surrounding property; and injuries to others in the practice area. The Product and golf clubs are not indestructible and may bend, wear, or break if misused or struck.

 

5) Assumption of Risk (Conspicuous)

BY PURCHASING, ASSEMBLING, OR USING THE PRODUCT, USER FREELY AND VOLUNTARILY ASSUMES ALL RISKS OF INJURY, DEATH, OR PROPERTY DAMAGE, WHETHER KNOWN OR UNKNOWN, FORESEEABLE OR UNFORESEEABLE, ARISING OUT OF OR RELATING TO THE PRODUCT, INCLUDING RISKS CAUSED IN WHOLE OR IN PART BY ORDINARY NEGLIGENCE OF THE COMPANY OR OTHERS, EXCEPT WHERE PROHIBITED BY MINNESOTA LAW.

User accepts responsibility for selecting a safe practice area, maintaining safe distances, and ensuring Proper Use at training-speed only.

 

6) Release and Waiver of Liability (Ordinary Negligence Only)

To the fullest extent permitted by Minnesota law, User hereby releases, waives, and discharges the Company and its owners, members, officers, employees, contractors, distributors, and affiliates (collectively, the “Released Parties”) from any and all claims, demands, damages, losses, or causes of action arising out of or related to:
(a) use, assembly, storage, transport, installation, or misuse of the Product;
(b) contact or impact with the alignment rod, stakes, or pipe assembly;
(c) property damage (including to clubs, balls, or premises); and
(d) ordinary negligence of any Released Party.

This release does not apply to gross negligence, willful or wanton misconduct, or other non-waivable rights under Minnesota law.

 

7) Indemnification and Hold Harmless (Broad; Purchase-Linked)

AS A CONDITION OF PURCHASE AND/OR USE, User agrees to indemnify, defend, and hold harmless the Released Parties from and against any and all claims, actions, liabilities, losses, damages, costs, and expenses (including reasonable attorneys’ fees) arising in any manner out of or relating to:
(i) User’s purchase, assembly, use, transport, storage, or misuse of the Product;
(ii) any third-party or minor’s use of the Product under User’s supervision, control, or permission;
(iii) injury to any person or damage to any property in connection with the Product; or
(iv) any claim relating in any regard to the Product or any other Pipe Golf LLC product, whether alleged under negligence, strict liability, warranty, or any other legal theory—except to the extent prohibited by Minnesota law.

 

8) Safety Responsibilities; Best-Practice Use

User agrees to:

1. Use only in open, unobstructed areas with adequate clearance.
2. Maintain safe distance from people, pets, windows, vehicles, and fragile objects.
3. Inspect components before each use; do not use damaged parts.
4. Use stakes or clamps only as directed; avoid hard or unstable surfaces.
5. Begin at training speed and cease use if any contact occurs with the rod or stakes until setup and swing path are corrected.

9) No Warranty; Limited Remedies

The Product is provided “AS IS”, without warranties, express or implied, including merchantability, fitness for a particular purpose, non-infringement, or durability. No performance improvement is guaranteed. To the extent permitted by law, User’s exclusive remedy is limited to replacement of defective components within the stated return period; consequential or incidental damages are disclaimed.

 

10) Governing Law; Venue; Jurisdiction (Minnesota)

This Agreement is governed by the laws of the State of Minnesota, without regard to conflict-of-law rules. Exclusive venue and jurisdiction lie in the state or federal courts located in Hennepin County, Minnesota, and the Parties consent to personal jurisdiction there.

 

11) Severability; Blue-Pencil

If any provision is found invalid or unenforceable, the remainder shall continue in full force. A court may blue-pencil any overbroad provision to the minimum extent necessary for enforceability consistent with Minnesota law.

 

12) Integration; Modification; Conspicuous Acceptance

This Agreement is the entire agreement regarding the matters described and supersedes any prior oral or written statements. It may be modified only by a signed writing by an authorized Company representative. User’s purchase, opening of packaging, or use of the Product constitutes knowing and voluntary acceptance of this Agreement.

 

13) Notices

Notices to Company must be sent to:
Pipe Golf LLC • sales@pipegolf.com

 

14) Acknowledgment (Conspicuous)

USER AFFIRMS THAT USER HAS READ THIS AGREEMENT, UNDERSTANDS ITS TERMS, UNDERSTANDS THAT USER IS GIVING UP SUBSTANTIAL LEGAL RIGHTS (INCLUDING THE RIGHT TO SUE FOR ORDINARY NEGLIGENCE), AND DOES SO FREELY AND VOLUNTARILY. USER AGREES TO “PROPER USE” ONLY (SLOW, CONTROLLED TRAINING SWINGS) AND ACCEPTS FULL RESPONSIBILITY FOR MINOR USE UNDER USER’S SUPERVISION.