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, unstaffed indoor golf facility, involves inherent and unavoidable risks, dangers, and hazards that may result in serious personal injury, permanent disability, death, or property damage to myself, to my Guests, or to third parties. These risks include, but are not limited to:

• Physical injury from swinging golf clubs, including muscle strains, sprains, fractures, concussions, dental or facial injuries, or impact injuries to myself or to my Guests or other persons present.
• Injury or damage caused by errant golf balls, golf clubs, broken club shafts, tees, or other projectiles, including ricochets off screens, walls, ceilings, or other surfaces.
• Equipment malfunction, failure, defect, or misuse, including but not limited to simulator hardware, software, cameras, projectors, hitting mats, and enclosure netting or screens.
• Slips, trips, or falls on flooring, golf mats, spilled liquids, or due to lighting, general conditions, or obstructions within the Facility.
• Risks uniquely associated with an unattended and unstaffed facility, including the complete absence of on-site supervision, instruction, first-aid capability, or emergency response personnel at all times.
• The actions, inactions, negligence, recklessness, or intentional misconduct of my Guests or other patrons.
• Damage to personal property, including but not limited to golf clubs, eyeglasses, clothing, electronic devices, and vehicles.
• Allergic reactions, respiratory irritation, or other adverse reactions to materials, cleaning agents, or environmental conditions within the Facility.

I understand that these risks may be increased by my own actions, inactions, or negligence, the actions, inactions, or negligence of my Guests or other persons, or the negligence of Elevate Golf Inc. or the Released Parties (as defined below). On behalf of myself and my Guests, I voluntarily accept and assume all risks of injury, disability, death, or property damage, whether foreseeable or unforeseeable, arising from my or my Guests' presence at, access to, or use of the Facility, even if caused in whole or in part by the negligence, gross negligence, breach of contract, or breach of statutory duty 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, guidelines, and tutorial or orientation materials provided by Elevate, whether displayed on-site, communicated electronically, or published on Elevate's website. I understand and agree that Elevate is an unattended, unstaffed facility, and that I, as the Booker, am solely and exclusively responsible for my own safety, the safety and conduct of each of my Guests (including any minors, if permitted under Section 11), and all activities that take place during my booked session. I affirm that I will, and I will ensure that each of my Guests will:

• Only use the golf simulator and equipment as intended and for its designated purpose, and refrain from horseplay, roughhousing, or reckless behaviour.
• Ensure proper clearance and a safe perimeter around the hitting area before any person swings a golf club.
• Not permit any person who is, in my reasonable judgment, intoxicated, impaired, or otherwise unfit to safely use the equipment to swing a golf club or otherwise use the Facility's equipment.
• Report any damage, malfunction, or safety concern 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, cannabis use, and all applicable liquor licensing requirements.
• Not share access codes, keys, or entry credentials with any individual who has not been identified as part of my booked session.
• Not permit any individual to enter or remain in the Facility who was not included in or contemplated by my booking.
• Exit the Facility promptly at the end of my booked session and ensure all Guests do the same.
• Leave the simulator bay and common areas in a clean, orderly condition consistent with how they were found upon arrival.

3. Booker's Responsibility and Vicarious Liability for Guests

I, as the Booker, understand and expressly agree that I am solely and vicariously responsible and liable for all acts, omissions, negligence, recklessness, willful misconduct, and conduct of each of my Guests during my booked session. Without limiting the generality of the foregoing, I specifically acknowledge and agree that:

• (a) I am responsible for ensuring that each of my Guests is made aware of, and complies with, all terms of this Agreement, all posted Facility rules, and all safety guidelines, whether or not my Guests have independently signed a waiver;
• (b) I am financially and legally responsible for any damage to Elevate's equipment, property, or premises caused by any of my Guests;
• (c) I am financially and legally responsible for any injury, disability, or death sustained by any of my Guests while at the Facility, and I waive and release the Released Parties from any and all claims in connection with such injury, disability, or death;
• (d) If any of my Guests brings a claim, demand, action, or lawsuit against any of the Released Parties, I agree to fully indemnify, defend, and hold harmless the Released Parties from and against all such claims and all resulting losses, damages, judgments, costs, and expenses, including legal fees on a solicitor-and-own-client basis;
• (e) My liability under this section applies whether or not I was present in the simulator bay at the time of the incident, and whether or not I was personally at fault;
• (f) I agree that Elevate is entitled to rely on this Agreement as a complete defence and indemnity against any claim by any of my Guests; and
• (g) I acknowledge that Elevate would not have permitted my booking or my Guests' access to the Facility without my agreement to this section.

I confirm that I have read this section carefully and understand that I am assuming personal financial and legal liability for the actions and safety of persons other than myself.

4. Release and Waiver of Liability

In consideration of the permission to book, access, and use the Facility, to the fullest extent permitted by the laws of the Province of Alberta and Canada, I, the Booker, on behalf of myself and, to the extent permitted by law, on behalf of my Guests, hereby irrevocably and unconditionally release, waive, and forever discharge Elevate Golf Inc., its shareholders, directors, officers, employees, agents, contractors, landlords, property managers, successors, assigns, and affiliates (collectively, "the Released Parties") from any and all claims, demands, actions, causes of action, suits, debts, dues, accounts, bonds, covenants, contracts, losses, damages (including direct, indirect, incidental, consequential, special, punitive, and aggravated damages), liabilities, costs, and expenses (including legal fees on a solicitor-and-own-client basis) of any nature whatsoever, whether known or unknown, suspected or unsuspected, latent or patent, existing or arising in the future, that I, my Guests, or any of our respective heirs, executors, administrators, personal representatives, or assigns may have or hereafter acquire against the Released Parties arising out of or in any way connected with:

• (a) my or my Guests' presence at, access to, or use of the Facility, its equipment, or services;
• (b) any injury, disability, death, or property damage sustained by me, by any of my Guests, or by any third party;
• (c) any injury, death, or property damage caused by me or by any of my Guests to any person or property; or
• (d) any claim by any of my Guests against the Released Parties arising from the Guest's presence at or use of the Facility.

This release includes, but is not limited to, any claims arising from: (i) negligence, including gross negligence, of the Released Parties; (ii) breach of contract; (iii) breach of any statutory or other duty of care, including any duty of care owed under the Occupiers' Liability Act, RSA 2000, c O-4 (Alberta); (iv) any allegation of failure to warn, failure to supervise, or failure to maintain the premises or equipment; and (v) any product liability or strict liability claim related to equipment provided at the Facility.

I specifically acknowledge that I have been made aware that this waiver is intended to release the Released Parties from liability even in circumstances involving gross negligence, and I accept this term freely and voluntarily with full understanding of its meaning and consequences. I acknowledge that this release may prevent me or my Guests from pursuing any legal action or recovery against the Released Parties, and I am signing this release with full knowledge and understanding of its consequences.

5. Indemnification

I, as the Booker, agree to fully and completely indemnify, defend, and hold harmless the Released Parties from and against any and all claims, demands, actions, causes of action, suits, judgments, losses, damages (including direct, indirect, incidental, consequential, special, punitive, and aggravated damages), liabilities, fines, penalties, costs, and expenses (including legal fees on a solicitor-and-own-client basis and costs of investigation and remediation) that the Released Parties may incur, suffer, or be threatened with as a result of:

• (a) Any breach of this Agreement by me or by any of my Guests;
• (b) My negligence, willful misconduct, reckless behaviour, or any act or omission by me;
• (c) The negligence, willful misconduct, reckless behaviour, or any act or omission of any of my Guests;
• (d) Any injury, disability, death, or property damage caused by me or by any of my Guests to any person (including to myself, to my Guests, or to any third party) or to any property (including Elevate's equipment and the Facility itself) while at or in connection with the Facility;
• (e) Any claim, action, or proceeding brought by any of my Guests or by any third party against the Released Parties arising out of or in connection with my or my Guests' presence at, access to, or use of the Facility;
• (f) Any unauthorized access to or use of the Facility by any person to whom I or my Guests provided or disclosed access codes, keys, or entry credentials; and
• (g) Any costs incurred by Elevate to repair, replace, or restore any equipment or property damaged during my booked session.

This indemnification obligation constitutes a continuing obligation that shall survive the expiration or termination of this Agreement and shall apply regardless of whether any claim is based on contract, tort (including negligence), strict liability, statute, or any other legal or equitable theory. I understand that this means I may be required to compensate the Released Parties for claims brought by my Guests even if I was not personally at fault.

6. 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 further represent and warrant that, to the best of my knowledge, each of my Guests is similarly fit and able to safely participate. I understand and agree that neither Elevate nor any Released Party is responsible for assessing or verifying the physical fitness of myself or my Guests. I understand that if I or any of my Guests feel unwell, experience any discomfort, dizziness, chest pain, or shortness of breath, or believe that safety is compromised in any way, I must ensure that the affected person immediately ceases using the equipment and, if necessary, seeks appropriate medical attention and/or exits the Facility. I acknowledge that the Facility is unattended and that no medical or first-aid personnel are available on-site.

7. Equipment and Property Damage

I acknowledge that I, as the Booker, am fully responsible for the careful and proper use of all equipment and property within the Facility by myself and by each of my Guests during my booked session. I agree to report any pre-existing damage, malfunction, or abnormality to Elevate immediately upon discovery, and to report any damage that occurs during my session promptly and no later than 24 hours after my session ends.

I understand and agree that I will be held financially responsible for all damage to Elevate's equipment, simulator systems, projection screens, enclosures, walls, flooring, furnishings, or any other property of Elevate caused by my actions or omissions, or by the actions or omissions of any of my Guests, whether resulting from misuse, negligence, recklessness, willful actions, accident, or breach of the Facility's rules. I agree to pay all repair or replacement costs within thirty (30) days of written notice from Elevate, failing which Elevate may pursue all available legal remedies and I shall be responsible for all collection costs.

I acknowledge that golf simulator equipment is specialized and expensive, and that the cost of repairing or replacing a single simulator screen, projector, sensor, or other component may range from several hundred to several thousand dollars. I agree to pay the reasonable and documented cost of repair or replacement as determined by Elevate. I acknowledge that this is a reasonable pre-estimate of Elevate's potential loss and not a penalty.

8. Alcohol and Intoxication

I agree that neither I nor any Guest will use the Facility's equipment while impaired by alcohol, cannabis, or any other intoxicating substance. I acknowledge that impairment increases the risk of injury and property damage and that I remain fully bound by this Agreement, including all assumption-of-risk, release, and indemnification provisions, regardless of whether I or any Guest is impaired at the time of any incident. I further acknowledge that Elevate reserves the right to terminate my session immediately and without refund if surveillance footage or other evidence indicates that I or any Guest is using the Facility while impaired.

9. Unattended Facility and Security

I explicitly acknowledge and understand that Elevate operates as an unattended, unstaffed venue on a 24-hours-a-day, 7-days-a-week basis, and that no staff members, supervisors, instructors, security personnel, or emergency responders will be present at the Facility during my session. I accept that this means I bear sole and complete responsibility for the safety of myself and my Guests, the security of the premises during my session, and the proper use of all equipment. I agree to follow all security and access protocols, including responsible use of provided access codes, keys, or digital credentials, and I agree that I will not share, transfer, or disclose such codes, keys, or credentials to any person who is not an identified Guest for my booked session. I understand that any unauthorized sharing of access credentials may result in immediate termination of my booking privileges, forfeiture of any prepaid session fees, and liability for any resulting damage or loss. I accept full responsibility for any person who gains access to the Facility using credentials issued for my booking, regardless of whether I authorized their entry. I understand and consent to the continuous use of video and audio surveillance and recording within the Facility for security, safety, operational, and evidentiary purposes, and I agree that such recordings may be used as evidence in any dispute, claim, or legal proceeding.

10. Personal Belongings

I understand that I am solely responsible for my personal belongings, and for the personal belongings of my Guests, while at the Facility. The Released Parties shall not be liable for any lost, stolen, damaged, or destroyed personal property of mine or of my Guests, regardless of the cause, including but not limited to theft by other patrons, equipment malfunction, water damage, or any other cause whatsoever.

11. Emergency Procedures

In case of an emergency, including but not limited to serious injury, medical emergency, fire, flooding, gas leak, power failure, equipment failure creating a safety hazard, or security breach, I agree to immediately contact appropriate emergency services (911) and, to the extent it is safe to do so, follow any posted emergency procedures and evacuate the Facility. I acknowledge that the Facility does not have any on-site assistance, first-aid supplies, automated external defibrillator (AED), or medical equipment available, and that emergency response times to the Facility may vary. I, as the Booker, am responsible for communicating emergency procedures to my Guests at the beginning of our session and for ensuring my Guests' compliance with all emergency protocols.

12. Minors Policy

I understand and agree that minors (individuals under 18 years of age in the Province of Alberta) are strictly prohibited from accessing or using the Elevate Golf Inc. facility unless accompanied by and under the direct, continuous, and active supervision of their parent or legal guardian at all times. Under no circumstances may a minor be left unattended or unsupervised at the Facility, even momentarily. The parent or legal guardian assuming responsibility for a minor must be the Booker or an adult Guest of the Booker, must digitally sign this waiver on the minor's behalf, and shall be solely, fully, and personally responsible and liable for the minor's conduct, safety, adherence to all Facility rules, and any injury, death, or property damage caused by or sustained by the minor.

If I, as the Booker, bring a minor as one of my Guests, I accept full vicarious liability for that minor in addition to any liability borne by the minor's parent or legal guardian, if different from me. If any Guest brings a minor to the Facility, I, as the Booker, remain jointly and severally liable with the Guest's parent or legal guardian for the minor's conduct, safety, and any injury or damage caused by or to the minor. I am responsible for verifying that the minor's parent or legal guardian has signed this waiver before permitting any minor to enter.

13. 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 operations@elevateindoorgolf.com prior to my session.

14. Governing Law and Jurisdiction

This Agreement shall be governed by and construed in accordance with the laws of the Province of Alberta and the applicable federal laws of Canada, without regard to conflict of laws principles. The parties irrevocably and unconditionally submit to the exclusive jurisdiction of the courts of the Province of Alberta, sitting in the City of Calgary, for the resolution of any disputes arising under or in connection with this Agreement. I waive any objection to venue or jurisdiction in such courts, including any argument that such courts are an inconvenient forum.

15. Dispute Resolution and Limitation of Claims

(a) Mandatory Mediation: Prior to commencing any legal proceeding arising out of or relating to this Agreement, the complaining party shall first submit the dispute to mediation administered by a mediator mutually agreed upon by the parties, with costs shared equally. If mediation does not resolve the dispute within sixty (60) days, either party may proceed to litigation.

(b) Limitation Period: To the fullest extent permitted by the Limitations Act, RSA 2000, c L-12 (Alberta), any claim arising out of or in connection with this Agreement or the use of the Facility must be commenced within one (1) year from the date on which the cause of action arose.

(c) Limitation of Damages: In no event shall the Released Parties' total aggregate liability to the Booker or any Guest, if any liability is found notwithstanding the releases in this Agreement, exceed the total fees paid by the Booker for the specific session during which the incident giving rise to the claim occurred.

16. Severability

If any provision or portion of a provision of this Agreement is found to be invalid, illegal, or unenforceable by a court of competent jurisdiction, that provision or portion shall be severed from this Agreement to the minimum extent necessary to render the remainder valid, and the remaining provisions shall continue in full force and effect. The parties agree that any invalid, illegal, or unenforceable provision shall be modified to the minimum extent necessary to make it valid, legal, and enforceable while preserving the original intent of the parties to the greatest extent possible.

17. Survival

The release, indemnification, assumption of risk, and limitation of liability provisions of this Agreement shall survive the expiration or termination of my session and this Agreement, and shall continue in full force and effect regardless of whether my booking is completed, cancelled, or terminated early.

18. Entire Agreement

This Agreement constitutes the entire agreement between me (the Booker) 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. I acknowledge that I have not relied upon any representation or statement made by Elevate or any Released Party that is not set forth in this Agreement. Notwithstanding the foregoing, the terms of Elevate's posted Facility rules, booking terms and conditions, and any applicable pricing or cancellation policies are incorporated herein by reference and form part of this Agreement.

19. Electronic Communication and Notices

I consent to receiving all communications, notices, and documents from Elevate Golf Inc. in electronic form, including by email to the address I have provided in my booking profile. Any notice given by Elevate by email shall be deemed received on the date sent. I agree to keep my contact information current and acknowledge that Elevate is entitled to rely on the most recent contact information I have provided.

20. Acknowledgment and Digital Signature

I, the Booker, certify that:

• (a) I am at least 18 years of age;
• (b) I have carefully and thoroughly read each section of this Waiver and Release of Liability;
• (c) I fully understand its terms, conditions, and consequences, including that I am giving up substantial legal rights;
• (d) I am signing this Agreement freely and voluntarily, without any inducement, assurance, guarantee, or duress;
• (e) I have had the opportunity to seek independent legal advice before signing, and have either obtained such advice or voluntarily chosen not to do so;
• (f) I understand and accept that, as the Booker, I bear sole and complete responsibility for all persons present during my booked session, including my Guests, and that I will be personally liable for any injury, death, or damage caused by or to my Guests;
• (g) I understand that by digitally signing this waiver, I am giving up the right to sue the Released Parties for injuries or damages sustained by me or my Guests while at the Facility, even if caused by the negligence or gross negligence of the Released Parties; and
• (h) I understand that I am agreeing to indemnify and compensate the Released Parties if any of my Guests bring claims against them.