Digital Liability Waiver and Release

1. Acknowledgment and Assumption of Inherent Risks

I understand and acknowledge that the use of golf simulators and related equipment, as well as accessing and being present at an unattended indoor golf facility, involves inherent and unavoidable risks, dangers, and hazards that may cause serious personal injury, death, or property damage. These risks include, but are not limited to:

• Physical injury from swinging golf clubs, including muscle strains, sprains, fractures, concussions, or impact injuries to myself or others.
• Injury or damage caused by errant golf balls, golf clubs, or other projectiles, including ricochets off screens, walls, or other surfaces.
• Equipment malfunction, failure, or misuse, including but not limited to simulator hardware, software, cameras, projectors, and hitting mats.
• Slips, trips, or falls on uneven surfaces, golf mats, or due to general conditions within the Facility.
• Risks associated with an unattended facility, including the absence of immediate supervision, instruction, or emergency response personnel.
• The actions or inactions of other patrons.
• Damage to personal property, including but not limited to golf clubs, eyeglasses, and electronic devices.

I understand that these risks may be increased by my own actions, inactions, or negligence, the actions, inactions, or negligence of others, or the negligence of Elevate Golf Inc. or the Released Parties (as defined below). I voluntarily accept and assume all risks of injury, death, or property damage, whether foreseeable or unforeseeable, arising from my presence at or use of the Facility, even if caused by the negligence of Elevate Golf Inc. or the Released Parties.

2. Responsibility for Conduct and Compliance

I agree to use the Facility and its equipment responsibly, safely, and in accordance with all posted rules, instructions, and guidelines provided by Elevate. I understand that Elevate is an unattended facility, and I am solely responsible for my own safety, the safety of any minors accompanying me (if applicable), and my conduct during my session. I affirm that I will:

• Only use the golf simulator and equipment as intended and for its designated purpose.
• Ensure proper clearance and safety around the hitting area before swinging any golf club.
• Report any damage, malfunction, or safety concerns regarding the equipment or facility immediately to Elevate using the provided contact methods.
• Adhere to all local, provincial, and federal laws and regulations, including those pertaining to alcohol consumption, if applicable and permitted by Elevate's policy.
• Not share access codes or keys with unauthorized individuals.
• Exit the facility promptly at the end of my booked session.

3. Release and Waiver of Liability

In consideration of the permission to use the Facility, to the fullest extent permitted by law, I hereby release, waive, and forever discharge Elevate Golf Inc., its shareholders, directors, officers, employees, agents, contractors, successors, assigns, and affiliates (collectively, "the Released Parties") from any and all claims, demands, actions, causes of action, losses, damages, liabilities, costs, and expenses (including legal fees) of any nature whatsoever, whether known or unknown, existing or arising in the future, that I or my heirs, executors, administrators, or assigns may have or acquire against the Released Parties arising out of or in connection with my presence at, access to, or use of the Facility, its equipment, or services, including but not limited to any injury or damage sustained by me or caused by me to other individuals or their property.

This release includes, but is not limited to, any claims arising from negligence (including gross negligence) on the part of the Released Parties, breach of contract, or breach of any statutory or other duty of care, including any duty of care owed under the Occupiers' Liability Act (Alberta).

4. Indemnification

I agree to indemnify, defend, and hold harmless the Released Parties from and against any and all claims, demands, actions, causes of action, losses, damages, liabilities, costs, and expenses (including reasonable legal fees) that the Released Parties may incur as a result of:

• My breach of this Agreement.
• My negligence, willful misconduct, or reckless behaviour.
• Any injury, death, or property damage caused by me or anyone for whom I am responsible (including any minors accompanying me) to myself or to any other person or property while at the Facility.
• Any third-party claims arising from my use of the Facility.

5. Health and Fitness Representation

I represent and warrant that I am in good physical and mental condition and have no medical conditions, disabilities, or impairments that would prevent me from safely using the golf simulator or participating in physical activities at the Facility. I understand that if I feel unwell, experience any discomfort, or believe my safety is compromised, I must immediately cease using the equipment and, if necessary, seek appropriate medical attention and/or exit the Facility.

6. Equipment and Property Damage

I acknowledge that I am responsible for the careful and proper use of all equipment and property within the Facility. I agree to report any damage, malfunction, or abnormality to Elevate immediately. I understand that I may be held financially responsible for any damage to Elevate's equipment or property caused by my misuse, negligence, willful actions, or breach of the Facility's rules.

7. Unattended Facility and Security

I explicitly acknowledge and understand that Elevate operates as an unattended venue and that no staff members will be present during my session. I agree to follow all security and access protocols, including responsible use of provided access codes or keys and not sharing them with unauthorized individuals. I understand and consent to the use of surveillance cameras within the Facility for security, safety, and operational purposes.

8. Personal Belongings

I understand that I am solely responsible for my personal belongings while at the Facility. The Released Parties are not liable for any lost, stolen, or damaged personal property.

9. Emergency Procedures

In case of an emergency (e.g., serious injury, fire, security breach), I agree to immediately contact appropriate emergency services (e.g., 911) and follow any posted emergency procedures. I acknowledge that the Facility does not have immediate on-site assistance available.

10. Minors Policy

I understand and agree that minors (individuals under 18 years of age in Alberta) are NOT permitted to use the Elevate Golf Inc. facility unaccompanied by a parent or legal guardian. Any minor present at the Facility must be directly supervised by their parent or legal guardian at all times. The parent or legal guardian assuming responsibility for a minor must digitally sign this waiver on the minor's behalf and will be solely responsible for the minor's conduct, safety, and adherence to all Facility rules.

11. Photo/Video Release

I understand that photographs or videos may be taken of patrons within the Facility for security, operational, or potentially promotional purposes. I grant Elevate Golf Inc. permission to use any photographs or videos taken of me during my session for promotional or marketing purposes, unless I explicitly communicate my request to opt-out in writing to Elevate Golf Inc. at info@elevateindoorgolf.com prior to my session.

12. Governing Law and Jurisdiction

This Agreement shall be governed by and construed in accordance with the laws of the Province of Alberta and the federal laws of Canada applicable therein. Any disputes arising under this Agreement shall be exclusively resolved by the courts of Alberta.

13. Severability

If any provision of this Agreement is found to be invalid, illegal, or unenforceable by a court of competent jurisdiction, that provision shall be severed from this Agreement, and the remaining provisions shall continue in full force and effect.

14. Entire Agreement

This Agreement constitutes the entire agreement between me and Elevate Golf Inc. regarding the subject matter hereof and supersedes all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding such subject matter.

15. Acknowledgment and Digital Signature

I certify that I am at least 18 years of age (or have had my parent/legal guardian review and agree to this waiver on my behalf if I am a minor as per Section 10) and have carefully read, understood, and agree to the terms of this Waiver and Release of Liability. I acknowledge that I am signing this agreement freely and voluntarily, without any inducement, assurance, or guarantee, and that I understand its purpose and effect.

I understand that by digitally signing this waiver, I am giving up certain legal rights, including the right to sue the Released Parties for injuries or damages sustained while using the Facility, even if caused by their negligence.