WAIVER AND RELASE OF LIABILITY

WAIVER AND RELEASE OF LIABILITY

By booking, accessing, or using the Apex Golf indoor simulator facility (“Facility”), you (“Participant”) agree to the following terms:

1. ASSUMPTION OF RISK

Participant understands that use of a golf simulator facility involves inherent risks, including but not limited to:

- Being struck by golf balls or golf clubs

- Ricochet or deflection of golf balls

- Slips, trips, and falls

- Equipment malfunction

- Injury caused by other participants

Participant voluntarily assumes all risks, known and unknown, associated with use of the Facility.

2. RELEASE OF LIABILITY

To the fullest extent permitted by law, Participant hereby releases, waives, and discharges Apex Golf, its owners, employees, agents, and affiliates from any and all liability, claims, demands, or causes of action arising out of or related to:

- Personal injury

- Property damage

- Loss or theft

This includes claims arising from the negligence of Apex Golf, except where prohibited by law.

3. UNSUPERVISED USE (24/7 FACILITY)

Participant acknowledges that this Facility may be operated without on-site staff.

Participant accepts full responsibility for their own safety and the safety of any guests they bring.

4. RESPONSIBILITY FOR GUESTS

The individual booking the session is responsible for:

- All guests entering under their reservation

- Ensuring all participants follow posted rules and safety guidelines

- Any damage or injury caused by their group

5. RULES AND SAFE USE

Participant agrees to:

- Use equipment only as intended

- Ensure others are clear before swinging

- Not engage in reckless or unsafe behavior

- Follow all posted safety instructions

Apex Golf reserves the right to revoke access for unsafe conduct.

6. PROPERTY DAMAGE

Participant agrees to be financially responsible for any damage to:

- Simulator equipment

- Screens, walls, or structure

- Facility property

caused by Participant or their guests, whether intentional or due to negligence.

7. VIDEO MONITORING

Participant acknowledges that the Facility may be monitored by video surveillance for safety and security purposes.

8. MEDICAL FITNESS

Participant affirms they are physically able to participate in golf activities and have no condition that would make participation unsafe.

9. INDEMNIFICATION

Participant agrees to indemnify and hold harmless Apex Golf from any claims brought by third parties arising from Participant’s use of the Facility.

10. GOVERNING LAW

This Agreement shall be governed by the laws of the State of Kentucky.

11. ACKNOWLEDGMENT

By booking or entering the Facility, Participant acknowledges that they have read, understood, and voluntarily agree to this Waiver and Release of Liability.