WAIVER, INDEMNITY AND HOLD HARMLESS AGREEMENT AND RELEASE OF LIABLITY

In consideration of the grant by Golf Lab CT LLC ("Golf Lab CT") of a license to use Golf Lab CT's golf simulators and other equipment (the "Activity") in its facility located at 2317 Black Rock Turnpike, Fairfield, CT  (the "Facility"), the undersigned ("I") hereby agree that:

1) Physical Condition

I am in sound physical condition and I am not aware of any medical conditions, impairments, injuries, diseases or illnesses that would prevent or limit my ability to participate in the Activity.  If I am under the care of a physician, I hereby represent that I have received my physician's permission to participate in the Activity.

2) Assumption of Risk

I am aware and understand that the Activity is a potentially dangerous activity and involves the risk of serious injury, disability, death and/or property damage.  I am also aware of the highly contagious nature of the 2019 novel coronavirus disease (Covid-19( (the "virus") and the risk that I may be exposed to or contract the Virus by engaging in the Activity, which may result in serious illness, personal injury, disability, death and/or property damage.  I understand that, while the Company has implemented measures to reduce the risk of injury from the Activity and the spread of the Virus, the Company cannot guarantee that I will not be injured or become infected with the Virus or other infectious diseases due to my participation in the Activity and that engaging in the Activity may increase my risk of contracting the Virus.  NOTWITHSTANDING THESE RISKS, I ACKNOWLEDGE THAT I AM VOLUNTARILY PARTICIPATING IN THE ACTIVITY WITH KNOWLEDGE OF THE DANGERS INVOLVED.  I HEREBY AGREE TO ACCEPT AND ASSUME ALL RISKS OF INJURY, ILLNESS, DISABILITY, DEATH AND/OR PROPERTY DAMAGE ARISING FROM THE ACTIVITY.

3) Release and Waiver 

I hereby expressly waive and release any and all claims, now known or hereafter known, against Golf Lab CT, and its officers, manager(s), employees, agents, affiliates, members, successors and assigns (collectively, "Releasees"), on account of injury, illness, disability, death or property damage arising out of or attributable to my participation in the Activity.  I covenant not to make or bring any such claim against Golf Lab CT and all other Releasees from liability under such claims.  This waiver and release does not extend to claims for gross negligence, willful misconduct or any other liabilities that Connecticut law does not permit to be released by agreement.

4) Indemnification and Hold Harmless Agreement

I shall defend, indemnify and hold harmless Golf Lab CT and all other Releasees against any losses, damages, liabilities, deficiencies, claims, actions, judgements, settlements, interest, awards, penalties, fines, costs or expenses of any kind, including reasonable attorney fees, fees, the cost of enforcing the right to indemnification under this release and the cost of pursuing any insurance providers, incurred by Golf Lab CT 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 ordinary negligence of Golf Lab CT. 

5) Photograph and Multimedia Authorization and Release

I acknowledge that Golf Lab CT may use or implement closed circuit or other security cameras and video recording devices, and that my image, likeness and / or voice may be recorded on security footage stored on such devices or other electronic storage systems maintained by Golf Lab CT in the ordinary course of business.

6) Consent to Treatment

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 Golf Lab CT from any claim based on such treatment or other medical services.

 Golf Lab CT

MEMBERSHIP AGREEMENT

THIS MEMBERSHIP AGREEMENT is made by and between Golf Lab CT, LLC, a Connecticut limited liability company and the individual identified below relating to the individual's membership and use of the golf simulators and other equipment located at 2317 Black Rock Turnpike, Fairfield, CT.

This Agreement shall be composed of the information completed by the Member, the terms and conditions appearing below, and the Waiver, Indemnity and Hold Harmless Agreement and Release of Liability document and the rules and regulations published by Golf Lab CT from time to time governing the use of the Facility.

Reservation Scheduling Platform  All Reservations shall be scheduled through a scheduling software platform selected boy Golf Lab CT in its sold discretion.  Golf Lab CT may change its Scheduling Platform service provider at any time, with or without notice.  Availability of any software, apps, data or other electronic information or access shall be subject to the Service Provider's terms of service and use.  Golf Lab CT disclaims any and all liability arising out of, connected with or relating to Member's use of the Scheduling Platform.

Member Must Be Present at All Times  A member who reserves simulator time must be present for the duration of the reserved time.  With the exception of family membership shared by members residing in the same household, members must not reserve time and allow other members or non-members to play without the scheduling member being present.

Membership Availability  Memberships are made available as capacity permits.  There is no guarantee that a membership will be continuously available should a member select any membership option other than a 12-Month Full Membership.  

Shared Memberships  12-Month memberships may be shared by 2 people.  Members must elect between having their monthly rental credits pooled so that both members can draw on the total pool or allocating a fixed number of credits to each member.  Associate Rental Rates (not Full Member Rental Rates) apply to monthly rentals in excess of the monthly rental credit allowance provided in the membership.  Billing for shared memberships will be allocated 50% to each member.  

Reservation Cancellations and No-Shows  Cancellations must be made by the member using the scheduling platform.  Cancellations must be made at least 3 hours before the scheduled reservation start time.  Failing to cancel a reservation at least 3 hours in advance, and not showing for a reservation will be charged as if the reservation was kept.

Credit Card on File / Recurring Charges  Member agrees to keep a credit card on file and agrees to allow Golf Lab CT to charge their credit card on file for applicable membership fees and hourly rental charges.

Self-Serve Model   Member acknowledges that Golf Lab Ct operates on a self-serve model and that typically no employees are on-site.  On occasion, equipment may need to be restarted.  If necessary, Trackman support is available by phone.  Members agree to alter Golf Lab CT within 1 day if they lose any simulator time due to technology issues.  Golf Lab CT will credit member for time lost due to technology issues.

Excess Simulator Usage  Members who use a simulator for a period longer than what was originally reserved must either inform Golf Lab CT of the excess usage.  Golf Lab CT may terminate membership for any member who fails to report usage that is in excess of what was originally scheduled.  

Equipment  Any equipment provided to members by Golf Lab CT (including, but not limited to, refrigerator, video cameras, computers, golf practice aids, or any other equipment of any kind or nature whatsoever) and any facilities made available to members are so provided or made available an "as-is", "where-is", "with all faults" basis.  Golf Lab Ct hereby disclaims any and all warranties, including, but not limited to, any warranties of merchantability or fitness for a particular purpose with respect to any provided equipment and facilities.

Termination by Golf Lab CT  Golf Lab CT, in its sole discretion, reserves the right to terminate this Agreement at any time for any reason.  In furtherance, and not in derogation of the foregoing, Golf Lab CT shall have the right to terminate the Agreement at any time if Member is in default or breach of this Agreement, if Member engages in behavior that endangers the health and safety of Member or the health and safety of other members, if Member creates, contributes, or facilitates a hazardous, threatening, unlawful or dangerous condition or circumstance at the Facility or if Members is determined to have engaged in theft or other criminal activity at the Facility.

Facility Rules and Regulations  Member agrees to comply with and abide by Golf Lab CT's rules and regulations in effect from time-to-time governing access to, use of and Member's conduct within the Facility.  Member shall be in material default of this Agreement if Member fails to comply with such rules and regulations.

Sales Tax  Notwithstanding any other provisions of this agreement, members understand and agree that membership fees and rentals rates are exclusive of sales tax.

Governing Law  This agreement and all matters related to or arising out of this agreement, your Membership or Member's use of the Facility shall be governed by the laws of the State of Connecticut without regard to conflict of laws provisions thereof to the extent they would permit or require the application of any laws other than the laws of the State of Connecticut.

Your Rights with the Department of Consumer Protection  You may file a complaint with the State of Connecticut Department of Consumer Protection if you believe that Golf Lab CT has (1) failed to provide you with the agreed upon services, (2) failed to comply with its contractual obligations, (3) failed to remain open for the duration of your contract, or (4) failed to comply with Chapter 420 of the Connecticut General Statutes.

Arbitration Agreement  Except as hereinafter described and except for any complaints that you make with the State of Connecticut Department of Consumer Protection and any right of action against Golf Lab CT in connection with the alleged violation of Chapter 420 of the Connecticut General Statutes, Member and Golf Lab CT agree that any other disputes, controversies or claims, including but not limited to claims for injury or personal property, will be settled by binding arbitration pursuant to the rules of the American Arbitration Association's arbitration program.  the arbitration hearings will take place in Fairfield CT and shall be conducted in English.  The final decision rendered by and arbitrator pursuant to such arbitration shall be binding and final upon Member and Golf Lab CT. Notwithstanding the foregoing, if the amount in controversy regarding a fee claimed to be due to Golf Lab CT is within the jurisdictional limits of small claims procedures for the State of Connecticut, or if Golf Lab CT should elect to limit its claim to the amount within the jurisdiction of the small claims docket, the Golf Lab CT may bring action to recover such fees in the small claims session of the Connecticut Superior Court in accordance with Chapter 24 of the Connecticut Rules of Court.

Personal Property  Member agrees that Golf Lab CT shall not be liable to any damage, loss, theft, destruction or harm suffered by any of Member's personal property.

Severability  Should any provision of this Agreement be found unenforceable, all other provisions shall remain in effect.

Entire Agreement  This Agreement, together with the Waiver and Release Agreement, constitutes the entire agreement between the Member and Golf Lab CT regarding the subject matter hereof, and supersedes all prior and contemporaneous agreements, understandings and communications, whether written or oral, with respect to such subject matter.

Communication  Members agree to allow Golf Lab CT to communicate with them via email, text and phone calls.  members shall have the option to opt-out of text messages.

BUYER'S RIGHT TO CANCEL   Full members (monthly or annual) can cancel their membership by notifying Golf Lab CT.   Monthly charges for the remainder of the original term will apply.  

ACKNOWLEDGMENT

I HEREBY ACKNOWLEDGE THAT I HAVE READ AND UNDERSTAND THE ENTIRETY OF THIS AGREEMENT, INCLUDING THE BUYER'S RIGHT TO CANCEL.  THE TERMS OF THIS AGREEMENT AND AND THAT I HAVE ACCESS TO AN ELECTRONIC COPY OF THIS  SIGNED AGREEMENT FOR MY OWN RECORDS.  I UNDERSTAND THAT I AM REFERRED TO IN THIS AGREEMENT AS MEMBER, BUYER OR YOU.  I UNDERSTAND THAT THIS AGREEMENT SHALL NOT BE EFFECTIVE UNLESS AND UNTIL I SIGN THE WAIVER, INDEMNITY AND HOLD HARMLESS AGREEMENT AND RELEASE OF LIABILIITY DOCUMENT.  

I HAVE NOT BEEN INDUCED TO SIGN THIS AGREEMENT BY ANY PROMISE OR REPRESENTATION AND I SIGN IT VOLUNTARILY AND OF MY OWN FREE WILL.