RELEASE OF LIABILITY AND ASSUMPTION OF RISK

The person signing the Acknowledgement and Agreement Form (referred to as "I" or "me") desires to participate in golf lessons, golf practice and training, golf club fitting, and related activities, which may occur at a facility owned and/or operated by Company or offsite at a location owned by a third party (the "Activity"), provided by Apex Golf of Utah, LLC, a Utah limited liability company, and its Affiliates, as defined below, with offices located at 185 E 12300 S, Draper, UT (the "Company"). As used in this Release, “Affiliate” refers to any entities that are directly or indirectly controlled by, control, or are under common control with the Company, including, without limitation, any parent companies, subsidiaries, joint ventures, or other companies that have a significant ownership interest in, or contractual rights that confer a significant degree of influence over, the management, operations, or policies of the Company or its properties. In consideration of being permitted by the Company to participate in the Activity and in recognition of the Company's reliance hereon, I agree to all the terms and conditions set forth in this instrument (this "Release").

I AM AWARE AND UNDERSTAND THAT THE ACTIVITY IS A POTENTIALLY DANGEROUS ACTIVITY AND INVOLVES THE RISK OF PERSONAL OR PSYCHOLOGICAL INJURY, PAIN, SUFFERING, TEMPORARY OR PERMANENT DISABILITY, DEATH, PROPERTY DAMAGE, AND/OR FINANCIAL LOSS. I ACKNOWLEDGE THAT ANY INJURIES THAT I SUSTAIN MAY RESULT FROM OR BE COMPOUNDED BY THE ACTIONS, OMISSIONS, OR NEGLIGENCE OF THE COMPANY, INCLUDING NEGLIGENT EMERGENCY RESPONSE OR RESCUE OPERATIONS OF THE COMPANY. NOTWITHSTANDING THE RISK, I ACKNOWLEDGE THAT I AM KNOWINGLY AND VOLUNTARILY PARTICIPATING IN THE ACTIVITY WITH AN EXPRESS UNDERSTANDING OF THE DANGER INVOLVED AND HEREBY AGREE TO ACCEPT AND ASSUME ANY AND ALL RISKS OF INJURY, DISABILITY, DEATH, AND/OR PROPERTY DAMAGE ARISING FROM MY PARTICIPATION IN THE ACTIVITY, WHETHER CAUSED BY THE WILLFUL ACTS, GROSS NEGLIGENCE, OR ORDINARY NEGLIGENCE OF THE COMPANY, OR OTHERWISE.

I hereby expressly waive and release any and all claims, now known or hereafter known, against the Company, and its officers, directors, managers, members, employees, agents, Affiliates, successors, and assigns (collectively, "Releasees"), on account of injury, disability, death, or property damage arising out of or attributable to my participation in the Activity, whether arising out of the willful acts, gross negligence, or ordinary negligence of the Company or any Releasees or otherwise. I covenant not to make or bring any such claim against the Company or any other Releasee, and forever release and discharge the Company and all other Releasees from liability under such claims.

By participating in the Activity, I agree to abide by the following safety rules, as well as other safety rules promulgated by the Company, which are subject to change at any time at the discretion of Company: a) Obey all verbal and posted rules and instructions; b) Use reasonable measures to protect myself and others; c) I must hit within the simulator bays or as otherwise instructed; d) No running starts or other movement that would move my feet during my swing are permitted; e) Only the participant taking a turn is allowed near or in the simulator bay or driving position; f) All other guests must stand reasonably clear at all times until their turn to hit; g) I and my guests are responsible for the safety of others around us and should always check our surroundings before swinging a club; h) Aim for the appropriate targets at all times;  i) Hitting golf balls anywhere outside of the designated area is prohibited, and I am responsible for damages or injuries caused by any balls hit outside of the designated hitting area; j) Throwing golf balls is prohibited; k) Only dispense and hit one golf ball at a time; l) Guests under 18 must be supervised by an adult of at least 21 years or older at all times; and m) I and my guests must stay out of the hitting area at all times when it is not our turn to hit.

I further and specifically acknowledge that I and my guests and invitees, including my spouse, my child and my ward, if any, may be injured by the actions of customers or invitees of the Company on the Company’s premises or at a third party location (hereafter “Third Parties”). In such event, I agree to release, discharge, waive, defend, and indemnify the Company and Releasees against any and all claims arising from acts or omissions of Third Parties related to the Activity. I also acknowledge that the acts or omissions of myself and my guests and invitees, including my spouse, child and ward, if any, may cause injury to other customers, invitees, employees, independent contractors or agents of the Company while participating in the Activity. In such event, I agree to defend and indemnify the Company and Releasees and any third party invitee or customer against any and all claims arising out of the Activity which was caused, in whole or in part, by me or my guests or invitees. Further, I agree to pay for any damage to Company equipment and its premises, and I agree to pay for any damage to third-party property outside of Company’s premises caused by me and/or my guest’s (or guests’) use of equipment that results in property damage of injury or other intentional or negligent acts.

I certify and represent that I have adequate personal insurance or sufficient personal assets to fully indemnify the Company and Releasees against any and all claims I may have or claims of my guests or invitees, including my spouse, my child and my ward, if any against the Company and Releasees for which I shall have an indemnity obligation under this Agreement. I further certify and represent that I have adequate personal insurance or sufficient personal assets to fully defend, hold harmless and indemnify the Company and Releasees against any and all claims of any Third Party caused in whole or in part by any act or omission of myself or my guests or invitees, including my spouse, my child and my ward, if any.

I shall defend, indemnify, and hold harmless the Company and all other Releasees against any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including attorney fees, fees, the costs of enforcing any right to indemnification under this Release, and the cost of pursuing any insurance providers, incurred by the Company or any other Releasees arising out or resulting from any claim of a third party related to my participation in the Activity, including any claim related to my own negligence or the willful acts, gross negligence, or ordinary negligence of the Company. My covenant to indemnify Company and Releasees includes any claims made by my invitees, guests, or any other third parties who participate in the Activity at my invitation or accompany me, related to my own negligence or the willful acts, gross negligence, or ordinary negligence of the Company. I further agree to indemnify and defend the Company and all other Releasees from and again any claims, actions, or liabilities arising from the acts or omissions of such invitees, guests, or any other third parties who are present at the Activity due to my actions or invitations.

I further agree to release, indemnify, and hold harmless the Company and all other Releasees from any and all claims, liabilities, damages, losses, costs, expenses (including attorney's fees), arising out of or in any way connected with any private event(s) hosted by the Company, including any such event at which I or any of my guests provide, consume, or are involved with the consumption of alcohol. This indemnification includes, but is not limited to, claims arising from the provision of alcohol by me or any of my guests, the actions or omissions of any individuals in attendance influenced by alcohol, and any incidents or accidents resulting thereof. I understand that this release and indemnification extends to any and all activities related to the private event, regardless of whether such activities are sponsored by or under the control of the Company. I acknowledge that this clause is intended to be as broad and inclusive as permitted by the laws of the State of Utah and that if any portion of this clause is held invalid, the balance shall continue in full legal force and effect.

I hereby consent to receive medical treatment deemed necessary if I am injured or require medical attention during my participation in the Activity. I understand and agree that I am solely responsible for all costs related to such medical treatment and any related medical transportation and/or evacuation. I hereby release, forever discharge, and hold harmless the Company and other Releasees from any claim based on such treatment or other medical services.

I represent and warrant that I am in good health and proper physical condition and do not have any medical or other conditions that would impair my ability to participate in the Activity. I represent and warrant that I will comply with all federal, state, and local laws, orders, directives, and guidelines related to the Activity or participating in the Activity, and I will also follow all instructions, recommendations, and cautions of the Company and its agents at all times. If at any time I believe conditions to be unsafe or I am no longer in proper physical condition to participate in the Activity, I will immediately discontinue further participation in the Activity. I further represent and warrant that I will conduct myself and ensure my guests and invitees conduct themselves in a safe and responsible manner so as not to endanger the lives or property of any persons. I further specifically represent that I have the authority to enter this Agreement on behalf of all of myself and my guests or invitees, including my spouse, my child and my ward, if any, and understand that the Company and Releasees will rely upon such representation. I further represent and warrant that I have legal and physical custody of all minor children or wards who participate in the Activity or are otherwise present while I participate in the Activity by virtue of my signing this Agreement and have legal authority to sign this agreement on their behalf. I further agree to indemnify and hold harmless the Company and Releasees against any claim made by any third party in which it is alleged that my signing of this Agreement on behalf of any minor child or ward was unauthorized or lacking legal authority.

This Release constitutes the sole and entire agreement of the Company and me with respect to the subject matter contained herein and supersedes all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, with respect to such subject matter. If any term or provision of this Release is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of this Release or invalidate or render unenforceable such term or provision in any other jurisdiction. This Release is binding on and shall inure to the benefit of the Company, all Releasees, and me and our respective heirs, successors, and assigns. All matters arising out of or relating to this Release shall be governed by and construed in accordance with the internal laws of the State of Utah without giving effect to any choice or conflict of law provision or rule (whether of the State of Utah or any other jurisdiction). Any claim or cause of action arising under this Release may be brought only in the federal and state courts located in Salt Lake County, Utah and I hereby consent to the exclusive jurisdiction of such courts.