Liability Waiver

In consideration of being allowed to enter, access, use, book, reserve, observe, participate in, or attend any activity, service, event, league, membership, simulator bay, putting green, fitting, repair service, retail experience, food and beverage service, beer wall service, or other activity at or through Flight Club Golf LLC, each participant agrees to this Assumption of Risk, Release of Liability, Waiver, and Indemnity Agreement.

For purposes of this Agreement, "Flight Club Golf," "Company," "we," "us," or "our" means Flight Club Golf LLC and its owners, members, managers, officers, employees, contractors, agents, representatives, vendors, technology providers, affiliates, landlords, property owners, successors, and assigns.

"Participant" means the person signing this Agreement, the person participating in the activities, any minor participant for whom a parent or legal guardian signs, and any guests, invitees, family members, employees, contractors, or attendees brought by or associated with the signing person, to the fullest extent permitted by law.

This Agreement applies to all activities, services, areas, and interactions at or involving Flight Club Golf, including:

• Entering, exiting, walking through, standing in, sitting in, or using the facility.
• Using simulator bays, hitting bays, turf, mats, screens, sensors, projectors, lighting, launch monitors, golf balls, golf clubs, tees, seating, tables, and related equipment.
• Using Foresight Sports, PuttView, or other simulator, putting, tracking, technology, or software systems.
• Using the putting green, short-game areas, practice areas, walkways, lounge areas, restrooms, retail areas, repair areas, check-in areas, beer wall areas, and common areas.
• Participating in open bay play, memberships, Founders memberships, leagues, tournaments, lessons, fittings, club repair, demos, events, private parties, corporate outings, sponsorship events, and special programming.
• Consuming, purchasing, possessing, or being near food, beverages, beer wall service, or alcoholic beverages.
• Using rental clubs, borrowed equipment, personal equipment, repaired equipment, retail products, bags, carts, furniture, fixtures, lighting, flooring, and other facility property.
• Observing or accompanying another participant.
• Participating in activities before, during, or after scheduled reservation times, events, leagues, or private functions.

Golf-related activities, indoor simulator golf, putting, club fitting, club repair, retail activities, events, leagues, food and beverage service, and facility attendance involve inherent risks, known and unknown, that cannot be completely eliminated even when reasonable care is used. These risks include, but are not limited to:

• Being struck by a golf club, golf ball, ricochet, broken club, equipment, furniture, or another object.
• Injuries from swinging golf clubs, being near others who are swinging, or walking into a swing path.
• Injuries from balls rebounding from screens, walls, ceilings, turf, dividers, fixtures, equipment, furniture, or other surfaces.
• Slips, trips, falls, missteps, turf-related injuries, flooring transitions, wet surfaces, uneven surfaces, cords, mats, steps, ramps, seating, lighting, or furniture.
• Muscle strains, sprains, joint injuries, back injuries, shoulder injuries, wrist injuries, elbow injuries, knee injuries, ankle injuries, head injuries, eye injuries, cuts, bruises, concussions, or other bodily injury.
• Equipment malfunction, simulator malfunction, technology error, launch monitor error, PuttView malfunction, screen malfunction, lighting issue, sensor issue, software issue, power interruption, or internet outage.
• Injuries caused by negligent, reckless, intentional, distracted, or unsafe conduct by the participant, another guest, another participant, a minor, an event attendee, a league participant, or another person.
• Injuries related to alcohol consumption, intoxication, impaired judgment, food or beverage consumption, allergic reactions, or interactions with other guests.
• Damage to personal property, golf clubs, bags, clothing, phones, watches, jewelry, vehicles, or other belongings.
• Risks associated with crowded areas, events, leagues, private parties, corporate outings, and social activities.
• Risks associated with emergency response delay or inability to immediately provide medical assistance.

These risks may result in serious personal injury, death, property damage, economic loss, emotional distress, or other harm.

Each participant agrees to act responsibly and follow all posted rules, verbal instructions, written instructions, booking rules, membership rules, event rules, league rules, simulator instructions, staff directions, and safety requirements, including that the participant:

• Will inspect their surroundings and equipment before participating.
• Will not swing a golf club unless in a designated hitting or practice area and it is safe to do so.
• Will remain behind the designated hitting area when another person is swinging.
• Will not take practice swings near walkways, seating areas, beer wall areas, restrooms, staff areas, retail areas, other guests, or unsafe locations.
• Will not intentionally hit balls into walls, ceilings, lights, sensors, screens, furniture, fixtures, people, or equipment.
• Will not run, wrestle, throw clubs, throw balls, climb, misuse equipment, engage in horseplay, or act recklessly.
• Will not use the facility while impaired, intoxicated, medically unable, or otherwise unable to participate safely.
• Will immediately notify staff of any unsafe condition, injury, equipment issue, spill, damage, or incident.
• Will supervise any minors or guests in their party.
• Will comply with all alcohol policies, age-verification rules, and beer wall rules, and will not provide alcohol to anyone under twenty-one.
• Will not bring outside food, beverages, alcohol, coolers, or unauthorized consumable products into Flight Club Golf unless expressly approved in writing by management.
• Will not share beer wall access, membership access, account credentials, payment access, or restricted privileges.

Each participant represents that they are physically and medically able to participate in the activities they choose, and understands that golf swings, putting, walking, standing, bending, twisting, carrying equipment, and social activities may involve physical exertion.

Each participant is responsible for determining whether they should participate, whether they need medical advice, and whether they have any condition that could make participation unsafe. Flight Club Golf does not provide medical advice and does not determine whether a participant is medically fit to participate.

Alcohol may impair judgment, balance, coordination, reaction time, and decision-making. Each participant agrees not to participate in golf activities, swing clubs, use simulator bays, use the putting green, drive, or engage in unsafe conduct while impaired.

Flight Club Golf may refuse service, deactivate beer wall access, stop play, remove guests, call transportation, contact emergency services, contact law enforcement, or take other action if staff believes a person is underage, intoxicated, impaired, unsafe, disruptive, or violating facility rules.

Alcohol consumption is voluntary. Each participant is responsible for drinking responsibly, monitoring their own consumption, following all alcohol-service rules, and arranging safe transportation.

Each participant knowingly and voluntarily assumes all risks, known and unknown, foreseeable and unforeseeable, inherent and non-inherent, associated with entering the facility, using the website or booking systems, participating in activities, using simulator bays, using the putting green, using equipment, attending events, participating in leagues, consuming food or beverages, using the beer wall, and otherwise interacting with Flight Club Golf, and accepts full responsibility for their participation, conduct, health, safety, property, and guests, to the fullest extent permitted by law.

To the fullest extent permitted by Florida law, each participant, for themself and for their heirs, spouse, estate, representatives, successors, assigns, insurers, and anyone claiming through them, releases, waives, discharges, and agrees not to sue Flight Club Golf for any claims, demands, causes of action, damages, injuries, death, losses, expenses, costs, or liabilities arising out of or related to:

• Their entry into or use of the facility.
• Their participation in any activity, reservation, event, league, membership, fitting, repair, retail, simulator, putting, food and beverage, or beer wall service.
• Their use of equipment, technology, property, turf, mats, screens, golf balls, golf clubs, lighting, furniture, fixtures, or common areas.
• The conduct of other guests, participants, minors, event attendees, league participants, or third parties.
• Slips, trips, falls, impacts, ricochets, equipment malfunction, technology malfunction, or property damage.
• Ordinary negligence by Flight Club Golf or any released party.

This release includes claims for ordinary negligence to the fullest extent permitted by Florida law. It does not waive claims that cannot legally be waived, including claims based on gross negligence, willful misconduct, intentional misconduct, or other claims that applicable law does not permit to be released.

To the fullest extent permitted by law, each participant agrees to defend, indemnify, and hold harmless Flight Club Golf from and against any claims, damages, losses, liabilities, costs, expenses, attorneys’ fees, and other amounts arising out of or related to:

• Their conduct or participation.
• Their violation of this Agreement or facility rules.
• Their unsafe, negligent, reckless, intentional, impaired, or unlawful conduct.
• Their guests, invitees, minors, employees, contractors, family members, event attendees, or anyone they bring to or involve with Flight Club Golf.
• Property damage caused by them or their guests.
• Injury or harm caused by them or their guests.
• Their provision of alcohol to any person, including a minor.
• Their misuse of equipment, technology, beer wall access, membership privileges, or facility property.

Each participant is financially responsible for damage caused by them or their guests to Flight Club Golf property, rented equipment, simulator equipment, launch monitors, PuttView equipment, screens, mats, turf, lighting, furniture, fixtures, retail products, repair tools, beer wall equipment, restrooms, walls, flooring, or third-party property, and authorizes Flight Club Golf to charge them for damage, unpaid balances, fees, or other amounts owed to the extent permitted by the applicable booking, membership, event, payment, or facility agreement.

Flight Club Golf is not responsible for lost, stolen, damaged, or misplaced personal property, including golf clubs, bags, apparel, phones, watches, jewelry, wallets, vehicles, keys, or other belongings, except to the extent required by law.

Flight Club Golf may use security cameras and may capture photos, video, or audio in public or common areas for safety, security, training, operational, marketing, social media, and promotional purposes. By entering the facility or participating in activities, a participant may appear incidentally in photos, videos, livestreams, social media content, promotional content, or security footage. A guest who does not want to be intentionally photographed or featured should notify staff.

If a participant is injured or experiences a medical emergency, Flight Club Golf staff are authorized to seek emergency medical assistance on the participant’s behalf if staff determine it is appropriate or necessary. Flight Club Golf staff may not be medical professionals and may not be able to provide medical care. The participant is responsible for any medical costs, ambulance costs, treatment costs, or related expenses arising from their injury, illness, or emergency.

A parent or legal guardian signing on behalf of a minor represents that they have authority to do so and agrees to supervise the minor and ensure the minor follows all facility rules, staff instructions, safety requirements, alcohol-related rules, simulator rules, putting green rules, staff directions, and posted signage.

Minors may not be left unattended at Flight Club Golf. Any minor on the premises must be accompanied and supervised by a parent, legal guardian, or responsible adult at all times unless Flight Club Golf has approved a specific supervised program, lesson, league, or event in writing.

Flight Club Golf does not assume responsibility for supervising minors who are dropped off, left alone, or left in the care of unrelated adult guests. Parents, legal guardians, and responsible adults remain responsible for the conduct, safety, supervision, and property damage caused by minors in their party.

Minors may not be left alone with unrelated adults, staff members, instructors, members, guests, or event participants unless a parent or legal guardian has provided written consent and Flight Club Golf has approved the arrangement in advance. Minors may not purchase, possess, consume, or be provided alcoholic beverages.

The following notice is required by Florida law for waivers signed by a natural guardian on behalf of a minor child, and is reproduced here exactly as it appears on the signed form.

READ THIS FORM COMPLETELY AND CAREFULLY. YOU ARE AGREEING TO LET YOUR MINOR CHILD ENGAGE IN A POTENTIALLY DANGEROUS ACTIVITY. YOU ARE AGREEING THAT, EVEN IF FLIGHT CLUB GOLF LLC USES REASONABLE CARE IN PROVIDING THIS ACTIVITY, THERE IS A CHANCE YOUR CHILD MAY BE SERIOUSLY INJURED OR KILLED BY PARTICIPATING IN THIS ACTIVITY BECAUSE THERE ARE CERTAIN DANGERS INHERENT IN THE ACTIVITY WHICH CANNOT BE AVOIDED OR ELIMINATED. BY SIGNING THIS FORM YOU ARE GIVING UP YOUR CHILD’S RIGHT AND YOUR RIGHT TO RECOVER FROM FLIGHT CLUB GOLF LLC IN A LAWSUIT FOR ANY PERSONAL INJURY, INCLUDING DEATH, TO YOUR CHILD OR ANY PROPERTY DAMAGE THAT RESULTS FROM THE RISKS THAT ARE A NATURAL PART OF THE ACTIVITY. YOU HAVE THE RIGHT TO REFUSE TO SIGN THIS FORM, AND FLIGHT CLUB GOLF LLC HAS THE RIGHT TO REFUSE TO LET YOUR CHILD PARTICIPATE IF YOU DO NOT SIGN THIS FORM.

The Flight Club Golf Terms and Conditions may include a binding arbitration agreement, class action waiver, representative action waiver, and jury trial waiver. To the fullest extent permitted by law, each participant agrees that any dispute arising out of or related to this Agreement, the facility, their participation, their reservation, their membership, an event, a league, or services provided by Flight Club Golf shall be handled according to the dispute resolution provisions in the Flight Club Golf Terms and Conditions at https://flightclubgolf.com/terms unless a separate signed agreement states otherwise.

This Agreement shall be governed by the laws of the State of Florida, without regard to conflict-of-law principles. Subject to any applicable arbitration agreement, any permitted court proceeding arising out of or related to this Agreement shall be brought exclusively in the state courts located in Duval County, Florida, or the federal courts serving Duval County, Florida.

If any part of this Agreement is found invalid, illegal, or unenforceable, that part shall be modified or severed to the minimum extent necessary, and the remaining parts shall remain in full force and effect.

By signing this Agreement, a participant confirms they have carefully read it and understand they are giving up certain legal rights, including the right to sue Flight Club Golf LLC for certain claims, and that they sign voluntarily and intend to be legally bound.

The signed copy of this Agreement is completed by each participant, or by a parent or legal guardian on behalf of a minor, at the time of booking or at check-in.

Questions about this Agreement may be directed to:

Attention

Flight Club Golf LLC, Legal / Management

Address

13830 Gran Bay Parkway, Unit 401-402, Jacksonville, FL 32258

Email

scott@flightclubgolf.com