PitchPutt
Terms and Conditions Waiver
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Introduction Welcome to “Bigfoot PitchPutt” at Chimney Pond Farms, brought to you by PitchPuttOrg. As you prepare to embark on this one-of-a-kind golfing experience, please take a moment to review and agree to the following terms and conditions. Your participation signifies your acceptance of these guidelines.
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Acknowledgement of Agritourism Activity You acknowledge that the PitchPutt activity is considered an agritourism activity under North Carolina law, specifically covered by the North Carolina Agritourism Activity Statute.
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Assumption of Risk Under North Carolina law, there is no liability for injury or death of a participant in an agritourism activity conducted at this agritourism location if such injury or death results from the inherent risks of the agritourism activity. Inherent risks include, but are not limited to:
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Risks related to land, equipment, and animals
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Risks arising from your own negligent actions that may contribute to injury or death. By participating in this activity, you agree to assume all risks associated with it.
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Definition of Agritourism Activity Agritourism activities include any activity carried out on a farm or ranch that allows the general public, for recreational, entertainment, or educational purposes, to view or enjoy rural activities.
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Specific Waiver for PitchPutt Golfing Farm Activity By participating in the PitchPutt golfing farm activity, you acknowledge and accept the following specific risks:
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Risks associated with using golf clubs and balls, including potential injury from errant shots
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Risks related to the physical exertion of playing golf, including muscle strains, sprains, and other physical injuries
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Risks inherent to the golfing terrain, including uneven ground, water hazards, natural obstacles, walking paths, steps, and potential trip hazards
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Risks associated with wildlife, including but not limited to bears, deer, venomous and non-venomous snakes, insects, and other potentially dangerous animals.
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Risks associated with dangerous plant life, including falling trees, plants causing allergic reactions (e.g., poison ivy, Virginia creeper), thistles, thorns and other risks.
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Risks associated with exposure to pesticides, herbicides, fertilizers and other chemicals used in agriculture.
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Risks associated with strenuous physical activity, psychological stress, and emotional distress
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Waiver of Liability By participating in the PitchPutt activity, you voluntarily assume all risks associated with the activity, including but not limited to physical injury, death, or loss of personal property. You acknowledge that PitchPuttOrg, Chimney Pond Farms, and their respective employees, agents, and representatives (collectively referred to as “the Operators”) shall not be liable for any such occurrences, whether caused by negligence of the Operators or otherwise. You hereby release, waive, discharge, and covenant not to sue the Operators for any and all liability to you, your personal representatives, heirs, and next of kin, for any loss or damage, and any claim or demands on account of injury to person or property arising out of or related to your participation in the PitchPutt activity, whether caused by the negligence of the Operators or otherwise. You understand and acknowledge that PitchPutt involves inherent risks, including but not limited to those described in Section 5 of these terms and conditions, and you voluntarily choose to participate despite these risks. You agree to indemnify, defend, and hold harmless the Operators from any and all claims, actions, suits, procedures, costs, expenses, damages, and liabilities, including attorney’s fees arising out of or in any way related to your participation in the PitchPutt activity. You acknowledge that you have carefully read this waiver and release of liability and fully understand its contents. You voluntarily agree to its terms and conditions and acknowledge that no oral representations, statements, or inducements apart from this written agreement have been made.
7. Indemnification You agree to indemnify, defend, and hold harmless PitchPuttOrg, Chimney Pond Farms, and their respective employees, agents, and representatives (collectively referred to as “the Indemnified Parties”) from and against any and all claims, liabilities, damages, losses, costs, expenses (including reasonable attorneys’ fees), judgments, fines, and settlements arising out of or related to: a) Your participation in the PitchPutt activity, b) Any breach of these terms and conditions by you, c) Any negligent or intentional act or omission by you, d) Any violation of applicable laws or regulations by you, e) Any damage to property caused by you, f) Any injury or harm to third parties caused by you.
This indemnification obligation shall survive the termination of your participation in the PitchPutt activity. The Indemnified Parties reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you agree to cooperate fully with the Indemnified Parties in asserting any available defenses.
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Compliance with Rules and Regulations You agree to follow all rules, instructions, and guidelines provided by PitchPuttOrg and Chimney Pond Farms while participating in the PitchPutt activity. Failure to comply may result in termination of your participation without refund.
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Path and Restricted Area Policy Participants must stay on designated paths and are prohibited from entering areas marked as “DO NOT ENTER.”
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Proper Etiquette Participants are expected to conduct themselves with proper etiquette at all times. This includes respecting fellow participants, following the rules of PitchPutt, and maintaining the integrity and cleanliness of the course. Disruptive or disrespectful behavior may result in termination of participation without refund and permanent ban.
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Dress Code: Participants are required to follow the dress code guidelines: Golf shirts and t-shirts are allowed. Closed-toe shoes are required, such as tennis shoes, golf shoes, or hiking boots. Flip-flops or any open-toe shoes are not allowed.
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Prohibition of Alcohol and Smoking The consumption of alcohol and any smoking activities are strictly prohibited on Bigfoot PitchPutt.
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Medical Treatment In the event of an injury requiring emergency services, you authorize PitchPuttOrg and Chimney Pond Farms to obtain necessary emergency services medical treatment for you, and agree to be financially responsible for any costs incurred as a result.
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Photography and Media Release You grant PitchPuttOrg and Chimney Pond Farms the right to use any photographs, videos, or other media taken during the activity for promotional purposes without compensation. You may send raw footage to PitchPuttOrg, where it may be posted on our designated social media channels including the famous “VickeryCreekPitchPutt” outlets dedicated to promoting the game of PitchPutt.
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Half-Day Farm Pass By participating in the PitchPutt activity, you receive a half-day farm pass that permits you to enjoy the trails, tree farm, animals, and other activities available at Chimney Pond Farms.
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ProShop The ProShop onsite has a stock of golf balls, rental golf clubs, exclusive merchandise, beverages, and snacks. If you are playing when the ProShop is not open, there are designated lockers on the north side of the ProShop that have balls and rental clubs; you will need to request this via tapin@pitchputt.org to secure access in advance.
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Lost Golf Balls We strongly recommend you purchase the subsidized dozen Titleist ProV1 golf balls at the Bigfoot PitchPutt ProShop; playing the course requires a high-performance golf ball, but losing golf balls is an inevitability. For safety and time concerns, you are not permitted to look for lost or errant golf balls. Specifically, you are not allowed to retrieve any golf balls in the “DO NOT ENTER” fenced areas nor in the woods or creek.
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Drop Zone Rule There is no drop zone. A one-shot penalty is applied for a lost ball or a ball hit into a “DO NOT ENTER” area. If you continue to lose shots, make sure to play the conservative path instead.
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Cancellation Policy There is a 7-day non-refundable cancellation policy. If you cancel your participation less than 7 days before the scheduled activity, no refund will be provided.
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Weather Policy The PitchPutt course is to be played rain or shine. Participants should be prepared for all weather conditions. In the event of severe thunderstorms or tornadoes, the activity will be postponed, and your tee-time will be rescheduled for a later time.
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Confidentiality You agree not to disclose or publish specific details regarding the location of the PitchPutt course, other than stating it is in Western North Carolina. Please be reminded that this is a private guest advanced reservation only, and respecting the privacy and confidentiality of the location is required.
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Non-Disparagement You agree not to disparage or make any negative statements, whether orally or in writing, about PitchPuttOrg, Chimney Pond Farms, or their respective employees, agents, and representatives. This includes, but is not limited to, statements made on social media, review websites, or any other public or private forums.
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Group Pairing and Course Access You may be paired with other players during your session. Your group will have exclusive access to the entire course for 75 minutes from your designated start time.
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Logistics
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Remote Arrival: If you are arriving via vehicle, please park at the large gravel parking lot at 240 Chimney Pond Farm Road, Glenville, NC 28736. From the parking lot, you will see a large pond north of the parking lot; walk along the inner fencing west of the pond till you reach a gravel driveway marked “PRIVATE DRIVE,” then proceed to the small black ProShop. The ProShop onsite has rental clubs, golf balls, and other necessities. If you are accessing the course during non-ProShop hours, there are lockers on the north side of the ProShop with rental equipment and balls, with code access that can be granted. Please request this via tapin@pitchputt.org to secure access.
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Onsite Arrival: If you are arriving via the guest houses, please walk around the south of the main pond on the east side of the pond to the ProShop; do not access from the 9th tee bridge.
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Monster Truck Usage You do not need a Class A Commercial Driver’s License and are permitted to operate the Monster Truck on Hole 7 Monster Truck. The remote control is behind the 7th barrel and you may attempt to drive it off the 7th tee box and to the upper crest of the initial fairway. Please return the Monster Truck and controller to their original place after use.
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Embrace the Challenge PitchPuttOrg’s mission is to deliver transformational experiences through the love of the game. Make sure you help spread our mission by registering at www.pitchputt.org. Bigfoot PitchPutt is from the twisted and deranged mind of Vickery Creek; truly embrace the unique risk-reward, shot-making value. While it is possible to survive, it is almost impossible to master the infinite complexity of the course. We encourage you to play the course via stroke play and use the remaining time to go to your favorite holes and try to pull off the various pin placements. You can hit as many shots as you like from the tee, however, repeatedly practicing from bunkers or grass areas that result in impact of the ground is prohibited. Embrace the challenge and have fun for the love of the game.
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Governing Law and Venue. These terms and conditions are governed by the laws of the State of North Carolina, without regard to its conflict of law principles. Any dispute arising from or related to your participation in the PitchPutt activity shall be exclusively resolved by the courts located in Jackson County, North Carolina. You consent to the jurisdiction and venue of such courts for the purpose of any such litigation.
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Acceptance By signing below, you acknowledge that you have read, understood, and agree to these terms and conditions.
For Participants Under 18 Years of Age: If the participant is a minor, the parent or legal guardian must sign on behalf of the minor. By signing below, the parent or legal guardian acknowledges and agrees to these terms and conditions on behalf of the minor and accepts full responsibility for the minor’s participation in the activity, including the assumption of risks and indemnification.
Participant Signature: ______________________
Date: ______________________
Printed Name: ______________________
Emergency Contact Name and Phone Number: ______________________
Parent/Guardian Signature (if participant is under 18): ______________________
Date: ______________________
Printed Name of Parent/Guardian: ______________________
PitchPutt Rules
PitchPuttOrg is the Governing Rule Body of PitchPutt Courses and Play in North America
PitchPutt Hole played is the cumulative shots played from tee to hole
Played with a minimum of 2 clubs and a maximum of 5 clubs
Typical clubs are Pitching Wedge, Gap Wedge, Sand Wedge, Lob Wedge, & Putter
Ball must be placed on ground on tee-box; teeing the ball is prohibited
Short game shots are never played from a tee.