FullTime Fairways Guest Agreement

FullTime Fairways LLC

Guest Waiver, Release of Liability & Code of Conduct

THIS GUEST WAIVER, RELEASE OF LIABILITY & CODE OF CONDUCT ("Agreement") is entered into as of the date signed below by the undersigned individual ("Guest") as a condition of accessing FullTime Fairways LLC, a Missouri limited liability company ("Facility" or "FullTime Fairways"). By signing this Agreement, Guest agrees to be bound by all terms and conditions set forth herein.

PLEASE READ THIS AGREEMENT CAREFULLY. IT CONTAINS A RELEASE OF LIABILITY, ASSUMPTION OF RISK, AND WAIVER OF CERTAIN LEGAL RIGHTS. BY SIGNING THIS DOCUMENT, YOU AGREE TO GIVE UP IMPORTANT LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE FULLTIME FAIRWAYS LLC FOR INJURY, DEATH, OR PROPERTY DAMAGE.

1. GUEST ACCESS AND FACILITY USE

1.1 Guest acknowledges that access to the FullTime Fairways Facility is granted solely through the Member who invited them. Guest must be accompanied by the Member at all times while on Facility premises. Guest understands they have no independent right of access and may not enter or remain at the Facility without the accompanying Member present.

1.2 Guest understands that each visit requires a unique, single-use access passcode ("Passcode") issued to the Member for their booking. Guest shall not share, distribute, or use the Passcode for any purpose other than the specific booking for which it was issued.

1.3 Guest acknowledges and understands that the Facility operates as an UNMANNED Facility. No Facility staff, supervisors, instructors, or security personnel will be present on-site at any time. Guest assumes full responsibility for their own safety and conduct during each visit.

1.4 Guest may not bring additional guests of their own. Only the Member of record may authorize entry to the Facility.

2. ASSUMPTION OF RISK

2.1 Guest expressly acknowledges and accepts that participation in golf simulator activities involves inherent risks of injury, including but not limited to the following:

• Being struck by a golf ball, golf club, or club fragments

• Slipping, tripping, or falling on or near simulator equipment or flooring

• Repetitive motion injuries, muscle strains, sprains, or joint injuries from swinging golf clubs

• Eye injuries from golf ball impact, debris, or equipment malfunction

• Injury caused by impact with walls, screens, netting, equipment, or other structures

• Injury caused by the actions of other Members or Guests in adjacent or nearby simulator bays

• Equipment malfunction or failure

• Any other injury that may result from the use of golf equipment or the simulator Facility

2.2 Guest voluntarily and knowingly assumes ALL risks associated with use of the Facility and participation in golf simulator activities, whether such risks are known or unknown, foreseen or unforeseen.

2.3 Guest acknowledges that golf involves the use of real golf clubs and live golf balls striking a high-impact simulator screen and that such activities carry inherent risks of property damage and personal injury.

3. RELEASE OF LIABILITY AND WAIVER

3.1 IN CONSIDERATION OF BEING PERMITTED TO USE THE FACILITY, GUEST HEREBY RELEASES, WAIVES, DISCHARGES, AND COVENANTS NOT TO SUE FullTime Fairways, its members, managers, officers, employees, agents, contractors, successors, and assigns (collectively, "Released Parties") from any and all liability, claims, demands, actions, causes of action, costs, losses, damages, or expenses of any kind or nature, whether known or unknown, arising out of or in connection with:

• Any personal injury, bodily injury, illness, disability, or death suffered by Guest at the Facility or in connection with use of the Facility

• Any property damage, loss, or theft incurred by Guest at the Facility

• Any injury or damage caused by the negligence, gross negligence, or other wrongful act or omission of Released Parties

• The negligence or intentional actions or other behavior of other Members or Guests

• Any equipment failure, malfunction, or defect

• Any injury or damage caused by other Members or third parties at the Facility

• Any claims arising from alcohol or other intoxicating substance related incidents

• Emergency response delays or the absence of on-site staff

3.2 THIS RELEASE IS INTENDED TO BE AS BROAD AND INCLUSIVE AS PERMITTED BY LAW. Guest agrees that if any portion is found to be invalid in a court of law, the remaining provisions shall continue in full force and effect.

3.3 Guest specifically acknowledges that this Release applies to claims arising from the negligence of the Released Parties, and Guest expressly waives all such claims.

4. INDEMNIFICATION

4.1 Guest agrees to INDEMNIFY, DEFEND, and HOLD HARMLESS FullTime Fairways LLC and all Released Parties from and against any and all claims, lawsuits, demands, costs, losses, damages, judgments, and expenses (including reasonable attorneys’ fees and court costs) arising out of or relating to:

• Guest’s use or misuse of the Facility;

• Guest’s breach of any provision of this Agreement;

• Any act, omission, or behavior of Guest while on Facility premises;

• Any violation of applicable laws or regulations by Guest;

• Any injury, damage, or loss caused by Guest;

• Any claims, damages, fines, penalties, or expenses arising from Guest’s violation of the alcohol and intoxicating substances policy; and

• Any injury, damage, or incident that occurs as a result of Guest’s presence at the Facility while under the influence of alcohol or other intoxicating substances.

5. FACILITY RULES AND CODE OF CONDUCT

5.1 Guest agrees to comply with all Facility rules at all times. Violation of any rule may result in immediate removal from the Facility and potential permanent ban. Guest’s rules include but are not limited to:

• NO ALCOHOL: FullTime Fairways maintains a ZERO TOLERANCE policy regarding alcohol. The possession, consumption, or introduction of alcoholic beverages of any kind is strictly prohibited on Facility premises at all times. Any Guest found to be in possession of or under the influence of alcohol while on Facility premises may be required to leave immediately.

• NO MARIJUANA, CANNABIS OR OTHER INTOXICATING SUBSTANCES: The use, possession, distribution, or sale of any intoxicating substances is strictly prohibited on all property owned, operated, or controlled by the Facility. This includes, but is not limited to: marijuana, cannabis, hemp-derived products, CBD products, and THC products, whether legal or illegal under applicable law.

• FOOD AND BEVERAGES: Guests are welcome to bring their own food and non-alcoholic beverages. Guests are responsible for cleaning up all food and beverage waste and maintaining the cleanliness of the Facility.

• EQUIPMENT USE: Guests shall not swing golf clubs recklessly or in a manner that endangers others. Guests shall inspect clubs and golf balls for damage before use and shall not use cracked, broken, or unsafe equipment. Guests are to report any observed equipment damage.

• PROPERTY CARE: Guests must treat all Facility equipment, screens, flooring, furniture, and technology with care. Intentional or negligent damage to property will result in Guest being held financially responsible for full repair or replacement costs.

• CAPACITY: No more than four (4) people should be present in any simulator bay. All bystanders must remain clear of the hitting area when a golf club is being swung.

• CONDUCT: Disruptive, threatening, abusive, or illegal behavior is strictly prohibited. All Guests must conduct themselves in a respectful manner at all times.

• APPROPRIATE ATTIRE: Guests are advised to wear appropriate attire.

• NOISE: Guests must be respectful of noise levels, particularly during late-night and early-morning hours, to avoid disturbance to neighboring businesses or residents.

• NO SMOKING OR VAPING: Smoking, vaping, and the use of tobacco or cannabis products of any kind is strictly prohibited on all Facility premises including the parking area.

• CHILDREN: Children under the age of 16 must be actively supervised by an adult at all times and must never be left unattended on Facility premises.

• ILLEGAL ACTIVITY: No illegal activity of any kind is permitted on Facility premises. Any illegal activity will be reported to law enforcement.

6. PROPERTY DAMAGE

6.1 Guest shall be financially responsible for any and all damage to the Facility, equipment, screens, technology, flooring, walls, or other property caused by Guest, whether such damage results from intentional acts, negligence, horseplay, or misuse of equipment.

6.2 FullTime Fairways reserves the right to seek reimbursement from Guest for the cost of repair or replacement of damaged property. Guest agrees to pay any assessed balance within thirty (30) days of written notice.

7. MEDICAL EMERGENCIES AND EMERGENCY PROCEDURES

7.1 Guest acknowledges and understands that the Facility is UNMANNED at all times. In the event of a medical emergency, injury, or other emergency situation, Guest must call 911 or other emergency services immediately. FullTime Fairways cannot and does not guarantee the availability of first aid, medical personnel, or emergency assistance on-site. FullTime Fairways is not liable for any injury, death, or medical expense arising from any medical emergency or from any delay in obtaining medical assistance due to the unmanned nature of the Facility.

7.2 Guest represents and warrants that they are in good physical condition and possess the level of health, fitness, and ability necessary to safely participate in the activities offered by the Facility; they have no known medical, physical, or mental conditions that would impair their ability to safely engage in the activity or that would pose a risk to themselves or others; and they will immediately discontinue participation if they experience any pain, discomfort, dizziness, or other health concerns. Guest further agrees that they are solely responsible for determining their own fitness for participation.

8. SURVEILLANCE ACKNOWLEDGMENT

8.1 Guest acknowledges that the Facility may employ security cameras and recording equipment for safety and security purposes. Guest consents to such recording and waives any claims related to video surveillance of the Facility.

9. LIMITATION OF LIABILITY

9.1 TO THE MAXIMUM EXTENT PERMITTED BY MISSOURI LAW, IN NO EVENT SHALL FULLTIME FAIRWAYS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, PERSONAL INJURY, OR PROPERTY DAMAGE, ARISING FROM OR RELATED TO GUEST’S USE OF THE FACILITY.

10. GOVERNING LAW AND DISPUTE RESOLUTION

10.1 This Agreement shall be governed by and construed in accordance with the laws of the State of Missouri, without regard to its conflict of laws provisions.

10.2 In the event of any dispute, claim, or controversy arising out of or relating to this Agreement or Guest’s use of the Facility (a "Dispute"), Guest and FullTime Fairways agree to first attempt to resolve the matter through good faith negotiations.

10.3 If the Dispute is not resolved through informal discussions, the parties agree to submit the Dispute to non-binding mediation before initiating any legal action. Mediation shall be: (i) administered by a mutually agreed-upon mediator, or if the parties cannot agree, by a recognized mediation service; (ii) conducted in St. Louis County, unless otherwise agreed in writing; and (iii) scheduled within a reasonable time after a written request for mediation is made by either party.

10.4 Any legal action or proceeding not resolved through mediation shall be brought exclusively in the St. Louis County Circuit Court or the Eastern District of Missouri federal court.

10.5 TO THE FULLEST EXTENT PERMITTED BY LAW, GUEST HEREBY KNOWINGLY, VOLUNTARILY, AND INTENTIONALLY WAIVES ANY RIGHT TO A TRIAL BY JURY IN ANY ACTION, PROCEEDING, OR COUNTERCLAIM ARISING OUT OF OR RELATING TO THIS AGREEMENT OR USE OF THE FACILITY.

11. MISCELLANEOUS PROVISIONS

11.1 This Agreement constitutes the entire agreement between Guest and FullTime Fairways LLC with respect to Guest’s access to and use of the Facility.

11.2 If any provision of this Agreement is held invalid or unenforceable, the remaining provisions shall remain in full force and effect.

11.3 FullTime Fairways LLC reserves the right to modify Facility rules and policies at any time. Updated rules will be posted at the Facility and on the Facility Website. Guest’s continued presence at the Facility constitutes acceptance of any updated rules.

11.4 Failure by FullTime Fairways LLC to enforce any provision of this Agreement shall not constitute a waiver of that provision or any other provision.

GUEST ACKNOWLEDGMENT

GUEST ACKNOWLEDGES AND AGREES THAT:

• I have read this entire Agreement carefully and understand its contents.

• I understand that I am waiving and releasing important legal rights, including the right to sue FullTime Fairways LLC for injury, death, or property damage, and the right to a jury trial.

• I understand that the Facility is unmanned at all times and that no staff will be present during my visit.

• I understand and accept the strict no-alcohol/intoxicating substances policy.

• I am voluntarily assuming all risks associated with using the Facility.

• I understand I must remain with the Member who invited me at all times.

• If I am under 16, my parent or legal guardian must sign below.

• If I am signing myself, I affirm that I am at least 16 years of age.