THE IRONS CLUB, LLC Acknowledgement of Risk, Liability Waiver, and Release of Claims This ACKNOWLEDGEMENT OF RISK, LIABILITY WAIVER, AND RELEASE OF CLAIMS (“Waiver”) is executed on the date written below my signature (“Effective Date”), by the undersigned individual (“Participant”), in favor of THE IRONS CLUB, LLC, d/b/a THE IRONS CLUB, its owners, officers, directors, managers, employees, agents, representatives, independent contractors, vendors, volunteers, business affiliates, insurers, and/or its successors and assigns (collectively, the released parties are referred to as “The Irons Club”). 1. Acknowledgment of Risk I acknowledge and agree that the use of, and/or my presence at, or the participation in, activities at The Irons Club facilities, including, but not limited to, simulator golf-related activities, food and beverage services, the consumption of alcohol, and other entertainment activities, involves known and unknown/unforeseen inherent risks, dangers and hazards which can resulting in serious injuries, including physical injury, property damage, transmittal of illness (including Covid), death, and other potential hazards to myself as well as to other parties. I understand that golf balls are driven by golf clubs at high speeds, and golf clubs are swung at full speed, both of which frequently exceed 100 miles per hour, and that said hit golf balls may ricochet when hit, and that I may walk near someone that is swinging a club and that I might get hit. I fully comprehend the risks of sport-play activities, and I voluntarily accept these risks. I understand that these risks may result from my own actions and/or the actions of others, and I agree that The Irons Club has taken measures to reduce these risks by implementing rules for participant and use of its facilities and equipment. To mitigate the inherent risks, I agree to abide by all safety rules and facility use procedures established by The Irons Club. I agree that said safety rules are posted throughout The Irons Club, can be found by scanning the QR code, and are listed their website: www.theironsclub.com/terms including, but not limited to: 1. One person on the mat at a time; 2. No running starts or roughhousing; 3. No throwing of golf balls; 4. Be aware of your surrounding before taking a swing; and 5. No misuse of golf equipment. 2. Assumption of Risk I voluntarily assume all risks associated with my entrance into, presence at, observation of and/or participation in activities at, The Irons Club, including any injury, illness, or damage resulting from such entrance and/or participation in the activities. I further understand that I am responsible for determining my own physical and mental fitness to participate in these activities. 3. Release and Waiver of Liability I hereby waive, discharge, release, and covenant not to sue The Irons Club from any and all claims, liabilities, damages, or causes of action that I may have, or may arise out of, or be related to my entrance into, presence at, observation of and/or participation in activities at The Irons Club, including but not limited to claims arising from my negligence and/or the negligence of other parties. 4. Indemnification I agree to indemnify, defend, and hold The Irons Club harmless from any and all claims, actions, damages, or costs, including attorney fees, arising from or related to my entrance into, presence at, observation of and/or participation in activities at, The Irons Club or my breach of terms, representations, and provisions of this Waiver. 5. Physical Condition and Medical Consent I represent to The Irons Club that I'm physically capable of participating in, and that I have no medical condition, pre-existing condition, or physical limitations that would prevent me from participating in the activities at The Irons Club. I further understand that I am responsible for determining my own physical and mental fitness to participate in these activities. In the event that medical clearance or a medical waiver is required, then I further represent to The Irons Club that I have obtained the required medical clearance. In the event of an injury or medical emergency, I consent to the provision of medical treatment and accept full financial responsibility for any expenses incurred by me or The Irons Club for any medical treatment administered to me. 6. Minor Participants and Guests There are specific times at which minors may be allowed to enter and/or participate in activities at The Irons Club. If Participant is accompanied by a minor, then, by signing below, I represent that I have the legal authority to sign for said minor, and that I will supervise all minors so as to ensure that each minor complies with the safety rules and facility use procedures. I hereby assume all risks with each minor's entrance to, and/or participation in the activities at, The Irons Club and agree that I will indemnify, defend and hold The Irons Club harmless from any claims that arise from the minor's presence at The Irons Club facility. In the event that I have a guest that enters The Irons Club without signing a Waiver then in consideration of that guest being allowed to join my group as a spectator, I hereby assume all risks with each guest's entrance to, and/or participation in the activities at, The Irons Club and agree that I will indemnify, defend and hold The Irons Club harmless from any claims that arise from the guest's presence at The Irons Club facility. I acknowledge and agree that each person that participates in the golf activities at The Irons Club must sign a Waiver. 7. Personal Property Participant assumes all risk and responsibility for any personal property and/or equipment brought into The Irons Club that may be damaged, lost, stolen or left at the facility before, during or after any use of the facilities, and hereby waives and claims and agrees that Participant will not hold The Irons Club responsible for any such loss, theft, or damage. 8. Severability If any term or provision of this Waiver is found to be invalid or unenforceable, then that specific term or provision shall be severed from this Waiver and the remaining terms and provisions shall remain in full force and effect. 9. Binding Effect From the Effective Date and forward, this Waiver is binding on me, my spouse, family members, parents/guardians (if applicable), heirs, executors and administrators of my estate. This Waiver applies today and each time that I enter The Irons Club, use the facilities and equipment at The Irons Club, or participate in any event, league, instructional course, or activity at The Irons Club in the future. I agree that there is no need or requirement for me to sign a Waiver each time that I participate in an activity with The Irons Club. 10. Photo and Video Release I consent to the use of any photographs, videos, or other media taken of me while at The Irons Club for promotional, marketing, or other purposes without compensation to me. 11. Governing Law, Venue and Attorneys' Fees This Waiver shall be governed by and construed in accordance with the laws of the state of Florida and the venue for any action shall be Pinellas County, Florida. In the event that any dispute arises between Participant and The Irons Club then the prevailing party shall be entitled to be reimbursed by the non-prevailing party for its attorneys' fees and costs, including at trial and at the appellate level. 12. Rights reserved to The Irons Club The Irons Club reserves the right to deny participation, or to revoke the right of continued participation, to any person for any reason, including, but not limited to, failure to complete and sign this Waiver, failure to follow the rules and procedures established for the facility, failure to follow the instructions or directions of The Irons Club employees or representatives, display of attitude, aggressive behavior, erratic behavior, or fighting, the possession of any alcohol that was not purchased from The Irons Club, the sharing of any alcohol with underage persons, the possession or use of any banned or illegal substances. The Irons Club reserves the right to require that any person leave the facility immediately and without refund of any fees paid by said person. 13. Data Collection and Processing By signing this waiver and submitting your information, you acknowledge and consent to the collection, storage, and processing of your personal information by The Irons Club and its authorized third-party service providers. You expressly consent to: (a) receiving communications related to your submissions, inquiries, and account; (b) the storage of your information in our customer relationship management systems and email marketing platforms; and (c) receiving marketing communications and promotional materials, from which you may opt-out at any time. Your information will be processed in accordance with applicable data protection laws, and you have the right to request access to, correction of, or deletion of your personal data, withdraw consent, or opt-out of marketing communications by contacting us at 727.329.8049. I HAVE READ THIS LIABILITY WAIVER AND FULLY UNDERSTAND ITS TERMS. I AM AWARE THAT BY SIGNING THIS WAIVER I AM WAIVING CERTAIN LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE THE IRONS CLUB. I AM AT LEAST 18 YEARS OF AGE AND I HEREBY SIGN THIS WAIVER FREELY AND VOLUNTARILY, INTENDING TO BE LEGALLY BOUND UNLESS AND UNTIL THE UNDERSIGNED PARTICIPANT REVOKES THIS WAIVER IN WRITING.