Participant Waiver and Release of Liability

In consideration of the opportunity to use the Simz Golf building, golf simulators, and related equipment and components, I hereby agree to the following Waiver and Release of Liability (Agreement):

1. Waiver and Release of Liability: My participation use of the building, golf simulators, and related equipment is voluntary and subjects me to the possibility of physical injury (which could be minimal, serious, and/or result in death) and loss of or damage to my property. It is also reasonably foreseeable that my careless or reckless use of the building, golf simulators, and related equipment may result in damage. Accordingly, I agree to the following:

a. I hereby release and hold harmless Company, its officers, directors, employees, agents, volunteers, and contractors, from any claim, demand, loss, liability, damages, and solicitor fees and costs whatsoever arising from, related to, or resulting from these Risks, including those caused by the negligent acts or omissions of any or all of the Releasees.

b. I recognize the physical exertion involved in the use of the building, golf simulators, and related equipment, and attest and certify that I am physically fit to participate safely, and I have not been advised otherwise by a health care professional.

c. As between each of the Releasees and me, I will be solely responsible for any and all medical and related expenses that I may incur because of any injury, as well as costs related to loss or damage to my property, that I may sustain as a result of my participation in activities at Simz Golf.

d. I will be personally liable for any and all damage to the building, simulators, and related equipment caused by my careless, reckless or intentional actions.

e. This Agreement shall be binding on my estate, heirs, executors, administrators, successors, and assigns, as well as any other party asserting a Claim on my behalf or on behalf of my estate.

2. This Agreement contains the entire understanding between and among the parties concerning these matters. No waiver, modification, or amendment of any of the terms of this Agreement shall be effective unless made in writing and signed by the party to be charged.

a. I hereby expressly agree that if any portion of this Agreement is held invalid, the balance of the Agreement shall nonetheless continue in full legal force and effect. I warrant that I have read and understand that this Agreement involves my waiver and release of significant rights and my assumption of significant indemnification responsibilities in participating in the Event.

3. Venue Safety Rules and Regulations

I agree to follow procedures and safety rules described in the Rules and Regulations (available on the Simz Golf website), which are intended to protect the players, spectators and other guests.

a. Rules and Regulations:

• Please ensure you have CLEAN SHOES and CLEAN CLUBS when entering the hitting area.
• During winter months, no shoes worn outside are allowed in the hitting area. Please bring a clean and dry pair of dry shoes.
• Use the balls and tees provided to you at check in.
• Keep food and drinks at the provided tables. NO FOOD OR DRINK INSIDE SIMULATOR or near the computer at any time.
• No alcohol or drugs permitted on the premises, only alcohol sold on the premises is permitted.
• No smoking or vaping.
• No more than 4 golfers per bay at one time.
• Be respectful and mindful of other guests.
• No children under the age of 16 without supervision from a non-golfing adult.
• Players are responsible for the equipment inside and outside the simulator. No swinging clubs outside of the simulators for safety reasons.
• Only one person should be present in the hitting area at a time. Everyone must keep a safe distance, and keep watch of the person golfing.
• Before you swing any club, check your surroundings to ensure no one or obstacle is within your range of swing.
• Be very aware of your backswing and follow-through at all times.
• Your shot must be directed towards the hitting screen only.
• Swinging should only take place on the hitting area of the mat.
• Report any accidents immediately to a member of Simz Golf staff.
• Customers are financially responsible for any damage caused by failure to follow the directions of the Rules and Regulations.
• Customers acknowledge Simz Golf is under CCTV surveillance at all times. Tampering with a camera system or damaging equipment by not following procedures in the guidelines will result in financial compensation being paid to Simz Golf.
• Customers acknowledge that photography and/or video may be recorded and used for promotional purposes without compensation.
• We would love for you to be able to finish your “last hole”, but if another group is booked after you, we will transition the simulator to the next group promptly at the end of your booking time. Your game will be saved to your group booking to complete at a different time if you wish to make an additional booking.
• Failure to abide by any of the above procedures may result in the cancellation of the remainder of your paid simulator time without compensation.

I HAVE READ THIS RELEASE AGREEMENT, FULLY UNDERSTAND ITS TERMS, UNDERSTAND THAT I AM GIVING UP SUBSTANTIAL RIGHTS BY ENTERING THIS FACILITY AND DO SO FREELY AND VOLUNTARILY WITHOUT ANY INDUCEMENT.

b. PARENT OR GUARDIAN LIABILITY WAIVER ON BEHALF OF MINOR: I represent that I am duly qualified as the parent or legal guardian or authorized custodian the above listed persons ( hereafter the “Minor”) and that I have the authority to execute this Agreement on behalf of the Minor. I further agree to be legally bound by the provisions of this Agreement and to indemnify and hold harmless The Released and Indemnified Parties for any claims that the Minor may now have or may arise in the future during the Claim Period against any of The Released And Indemnified Parties arising on the Premises. I further agree that if it is determined that I am not the parent or legal guardian or legal custodian of the Minor, or that I did not have the authority to sign the Agreement on behalf of such Minor, I will nevertheless personally defend and indemnify The Released And Indemnified Parties for and from any Claim arising from Minor’s participation in activities at the Premises.

I HEREBY ACKNOWLEDGE (1) THAT THIS DOCUMENT IS VALID AND MAY BE ENFORCED IN THE SAME MANNER AS A HAND-SIGNED DOCUMENT THAT EXISTS IN PHYSICAL FORM. I ALSO EXPRESSLY ACKNOWLEDGE THE VALIDITY OF THIS DOCUMENT. I FURTHER AGREE THAT I HAVE KNOWINGLY AND EXPLICITLY WAIVED ANY RIGHT TO CLAIM THIS DOCUMENT IS INVALID OR IS UNENFORCEABLE BASED ON THE FACT THAT I HAVE NOT PUT PEN TO PAPER.