WAIVER OF LIABLITY AND HOLD HARMLESS AGREEMENT

There are certain inherent risks associated with participating in golf and/or golf training (including use of golf simulators/virtual golf practice facilities) that cannot be eliminated. These risks include, but are certainly not limited to: (1) minor injuries such as scratches, cuts, bruises and strains; and (2) major injuries such as injuries to the eyes, infection, loss of sight, joint injuries, back injuries, heart attacks, concussions, paralysis and even death. Also included in these risks are the same or similar injuries that might result from using training equipment, actual use of a field or training facilities, the acts of others or from the unavailability of emergency staff or emergency medical care (hereinafter we shall define all of these risks and potential injuries as “Risks”). All of these Risks will be present in the activities that you and/or your minor will be participating in at Smash Factor, LLC (the “Activities”).

HAVING READ THIS AGREEMENT and having an appreciation for and an UNDERSTANDING OF THESE RISKS, you hereby affirm that your (and/or your minor’s) participation in these Activities is voluntary and that you agree on behalf of yourself or your minor to all of the following:

1. ASSUMPTION OF RISK: I, on behalf of myself and/or my minor, ASSUME ALL OF THE RISKS THAT MAY OR CAN ARISE OUT OF PARTICIPATING IN THE ACTIVITIES, INCLUDING BUT NOT LIMITED TO THE ATHLETIC ACTIVITY ITSELF, USE OF THE EQUIPMENT, FIELD OR FACILITIES, THE ACTS OF OTHERS OR THE UNAVAILABLITY OF EMERGENCY CARE, as well as those Risks described in the preceding paragraph.


2. INDEMNITY/HOLD HARMLESS: I, on behalf of myself and/or my minor and/or our heirs, personal representatives and/or assigns, also agree to indemnify and hold Smash Factor, LLC, as well as their affiliates, parents, subsidiaries, assigns, partners, attorneys, members, employees, independent contractors, shareholders, officers, directors, and agents or any producers, investors, cast members or any other person or entity associated in any way with the ownership, operation or affiliation with recreational facilities and the creation, production or distribution of Smash Factor, LLC-related marketing content on any Smash Factor, LLC-owned website, harmless from any and all claims, causes of actions, lawsuits, arbitrations or proceedings as well as from any expenses, judgments, costs, fees, damages, expenses and/or liabilities, including attorneys’ fees incurred in defending or prosecuting any such claims brought against Smash Factor, LLC as the result of my or my minor’s participation in the Activities. I hereby allow Smash Factor, LLC to use my or my minor’s image or likeness without current or future compensation for marketing purposes related to Smash Factor, LLC.


3. RELEASE/WAIVER: In consideration for being permitted to participate in the Activities, I, on behalf of myself and/or my minor and/or our heirs, personal representatives and assigns HEREBY RELEASE, WAIVE AND DISCHARGE Smash Factor, LLC from any and all liability associated with or related to my or my minor’s participation in the Activities and agree NOT TO SUE Smash Factor, LLC for any reason resulting from or associated with my or my minor’s participation in the Activities. This waiver and release is intended to include all claims for injuries, accidents, illnesses, or property loss, whether known or unknown or anticipated or unanticipated, which are in any way related to or associated with the Activities.


4. NO INSURANCE: I, on behalf of myself and/or my minor, acknowledge that Smash Factor, LLC does not carry insurance on behalf of myself or my minor.


5. LEGAL RIGHTS: I, on behalf or myself and/or my minor, understand and acknowledge that I/we are surrendering valuable legal rights in this agreement.


6. SEVERABILITY: I, on behalf or myself and/or my minor, understand and expressly agree that this agreement is intended to be as broad and inclusive as permitted by the law of the State of California for which it is used and that if any portion of this agreement is held invalid, it is agreed that the balance of the agreement shall continue in full force and effect and that whatever portion is held invalid shall be interpreted and construed to afford as much protection to Smash Factor, LLC as permitted by the applicable law.
7. NO USE OF SPIKED SHOES (CLEATS): Use of spiked (cleated) golf shoes are prohibited at Smash Factor LLC’s facilities.

ACCEPTANCE