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Participant Waiver and Release of Liability

Required for all participants · Version 2026-07-04

I. Acknowledgment of Risks

I understand that participating in golf simulator activities involves inherent risks, including but not limited to:

  • Being struck by a golf club before, during, or after a swing;
  • Being struck by golf balls, ricochets, or rebounding balls;
  • Equipment failure, movement, collapse, or malfunction;
  • Projector, screen, netting, electrical, or electronic equipment malfunction;
  • Slips, trips, falls, uneven flooring, cords, mats, cables, or other setup-related hazards;
  • Injury caused by the acts or omissions of other participants or spectators;
  • Failure to follow instructions or safety rules;
  • Physical exertion, muscle strains, sprains, or aggravation of pre-existing conditions;
  • Property damage occurring during participation.

I voluntarily choose to participate despite these risks.

II. Voluntary Participation

I acknowledge that my participation is entirely voluntary and that I am free to decline participation at any time.

III. Assumption of Risk

I knowingly and voluntarily assume all risks associated with participation, whether known or unknown, including those arising from the actions of myself or other participants.

IV. Release of Liability

To the fullest extent permitted by law, I release and discharge MMGolf, LLC (the "Company"), its owners, employees, contractors, agents, affiliates, and representatives (collectively, the "Released Parties"), from any claims, demands, lawsuits, damages, losses, or expenses arising out of or relating to my presence at the event, participation in golf simulator activities, observation of such activities, use of equipment, or use of the premises where the equipment is installed, including claims alleging ordinary negligence. I understand that the risks assumed include those arising from the ordinary negligence of the Released Parties, to the fullest extent permitted by California law.

This release does not apply to gross negligence, reckless conduct, or intentional misconduct on the part of the Released Parties where prohibited by law.

V. Covenant Not to Sue

I agree not to bring legal action against the Released Parties for injuries or damages covered by this agreement.

VI. Indemnification

I agree to indemnify and hold harmless the Released Parties from any claims arising from:

  • my actions;
  • my failure to follow safety instructions; and
  • damage caused by my misuse of equipment.

VII. Rules

I agree to:

  • Follow all staff instructions.
  • Remain outside designated swing areas unless actively hitting.
  • Never swing a club when another person is within the safety zone.
  • Use only equipment provided or approved.
  • Stop immediately if instructed.
  • Not participate while impaired by alcohol or drugs.
  • Remain under adult supervision if under the age of 18.
  • Not touch projectors, launch monitors, computers, screens or electrical equipment.

VIII. Removal

I understand the Company reserves the right to refuse participation or remove any participant who fails to follow safety instructions or whose conduct is deemed unsafe.

IX. Equipment Condition

Prior to participating, I agree to inspect the equipment and surrounding area. If I believe any condition is unsafe, I will immediately notify Company personnel and will not participate until the condition has been addressed.

X. Physical Condition

I certify I am physically capable of participating and have no medical condition that would unreasonably increase the risks associated with participation or that would make participation unsafe.

XI. Property Damage

I agree to use the equipment responsibly. I understand if I intentionally or recklessly damage equipment, I may be responsible for repair or replacement costs.

XII. Emergency Medical Care

If emergency treatment becomes necessary, I authorize emergency medical personnel to provide care. I understand I am responsible for any resulting costs.

XIII. Minors

If signing on behalf of a minor, I certify I am the parent or legal guardian of such minor and agree to all terms of this agreement on the minor's behalf.

XIV. Governing Law

This agreement shall be governed by the laws of the State of California.

XV. Severability

If any provision in this agreement is found unenforceable, the remaining provisions shall remain in effect.

XVI. Electronic Signature

Electronic signatures shall have the same force and effect as original signatures.

XVII. Entire Agreement

This agreement constitutes the entire agreement between the parties concerning the subject matter herein and supersedes any prior oral or written representations.

I acknowledge that I have carefully read this agreement, understand its contents, understand that I am giving up certain legal rights, including the right to sue (except as prohibited by law), and sign it freely and voluntarily without inducement or coercion.

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