Golf Simulator Rules

By entering the facility, you acknowledge that you may be seriously injured through the use of this facility. Golf balls are driven at high speeds, and golf clubs are swung at full speed, both of which reach speeds frequently exceeding 100 miles per hour; such balls and/or tees may ricochet. If you walk near someone swinging a club, you might be hit by it. Being struck by a ball or club can result in contusions, broken bones, brain injury, or death. You agree that you assume 100% of the risks involved in participating in this activity, and release Treasure Island, LLC, and all related parties, from any and all liability for any injury that may occur.

RELEASE OF LIABILITY AND ASSUMPTION OF RISK

On behalf of myself, my spouse, children, wards, if any, and their respective successors and assigns, and in consideration of the services and activities provided by Treasure Island, LLC, its managers, members, employees, agents, officers, directors, affiliates, volunteers, participants, clients, customers, invitees, independent contractors, insurers, facility operators, and all other persons or entities acting in any capacity on its behalf, together with their respective successor and assigns (hereafter collectively the “The Released And Indemnified Parties”), I hereby agree to forever release, discharge, defend, hold harmless and indemnify The Released And Indemnified Parties as set forth in this Agreement:

1. RELEASE AND INDEMNITY: For myself and on behalf of the my spouse, if any, my children and my wards, if any, and their respective successors and assigns, (hereafter collectively, the “Releasing Parties”), I hereby agree to release, forever discharge, defend, hold harmless, and indemnify, The Released And Indemnified Parties from and against any and all claims, actions, causes of action, proceedings, suits, costs, liabilities, damages, and expenses, whether known or unknown (including but not limited to all direct, special, incidental, exemplary, punitive, and consequential damages, losses of any kind, and attorneys’ fees), and however caused, except for that caused by the, malicious, negligent or grossly negligent conduct of any and all of the Releasing Parties (hereafter collectively, “Claims”) that arise on, are based upon, or result from, any act, event, occurrence or omission on the premises, and agree not to initiate or prosecute (or aid any other party in prosecuting) or continue to assert or maintain any such Claim of any kind whatsoever against any of The Released and Indemnified Parties in any court or otherwise with respect to the matters released or waived hereunder, including but not limited to any Claim under any common law, whether in law or equity, or federal, provincial or local statute, ordinance or rule of law.

2. ACKNOWLEDGEMENT OF RISKS: I acknowledge that by its very nature, golfing (including indoor golf), and related activities (the “Activities”) at the Premises, present, carry and involve a serious risk of physical injury to both active participants and spectators. I acknowledge that the Activities are inherently dangerous and hazardous and acknowledge that by participating in, observing, or allowing minors of whom I have legal custody to participate in or observe the Activities, I am, on behalf of myself and on behalf of each of the Releasing Parties, expressly assuming all risks associated with the Activities and expressly contracting not to sue for any injury sustained as a result of such participation in or observation of the Activities. I understand that golfing and related activities may result in injuries ranging from minor injuries (bruises, blisters, and the like), to more serious injuries (e.g. broken bones, brain injury) or even death. I further acknowledge that there is the risk of injury or aggravation of injury resulting from any preexisting medical or physical condition of any of the Releasing Parties, irrespective of whether such medical or physical condition was known or unknown at the time. I acknowledge that golfing and related activities at the Premises subjects myself and any other participants, including but not limited to the Releasing Parties, to the risk of serious bodily injury, and expressly assume all such risks. I understand that no matter how careful the Releasing Parties may be during golfing and related activities, and that no matter how much Treasure Island, LLC, or its employees/agents attempt to reduce the risks, the risk of serious injury (including death) is not eliminated, and remains foreseeable.

3. INJURIES BY AND TO THIRD PARTIES: I further and specifically acknowledge that the Releasing Parties, including myself, my spouse, my child and my ward, if any, may be injured by the actions of customers or invitees of Treasure Island, LLC, at the Premises (hereafter “Third Parties”). Should such an event occur, I agree to release, discharge, waive, defend and indemnify The Released And Indemnified Parties against any Claims arising from acts or omissions of Third Parties on the Premises during the Claim Period. I also acknowledge that the acts or omissions of the Releasing Parties, including myself, my spouse, child and ward, if any, may cause injury to other customers, invitees, employees, independent contractors or agents of Treasure Island, LLC. Should such an event occur, I agree to defend and indemnify The Released And Indemnified Parties and any third party invitee or customer against any Claim which was caused, in whole or in part, by one or more of the Releasing Parties.

4. REPRESENTATIONS: I represent to The Released And Indemnified Parties that all of the Releasing Parties participating in any activity on the Premises are physically able to participate in all such activities and have no pre-existing physical or medical condition, including without limitation any allergies or exercise-induced conditions, that would endanger such participant while participating in the activities on the Premises. I further represent and warrant, that all of the Releasing Parties will conduct themselves, while on the Premises, in a safe and responsible manner so as not to endanger the lives or property of any persons. I further specifically represent that I have the authority to enter this Agreement on behalf of all of the Releasing Parties, and understand that The Released And Indemnified Parties will rely upon such representation. I further represent and warrant that I have legal and physical custody of all minor children or wards who are Releasing Parties by virtue of my signing this Agreement and have legal authority to sign this agreement on their behalf. I further agree to indemnify and hold the Released Indemnified Parties against any claim made by any third party in which it is alleged that my signing of this Agreement on behalf of any minor child or ward was unauthorized or lacking legal authority.

5. BASIS OF BARGAIN: I understand that Treasure Island, LLC, would not allow use of the Premises (including, but not limited to the golfing activities thereon) to me, my spouse, my child or my ward, if any, without my agreement to the terms and conditions set forth herein.

6. CHOICE OF LAW AND VENUE: This Agreement shall be governed by and construed in accordance with the laws of the State of Nevada, without regard to its conflicts of law principles, and venue for disputes under this Agreement shall be exclusively in the courts of the Eight Judicial District Court. I further agree that should any of the Released And Indemnified Parties be required to incur attorney’s fees and costs to enforce this Agreement, I will indemnify and hold The Released And Indemnified Parties harmless for all such fees and costs.

7. MODEL RELEASE: I irrevocably grant Treasure Island, LLC, the right to photograph, videotape, and/or record me and/or my child/ward and to use my or my child’s/ward’s name, face, likeness, voice and appearance in connection with exhibitions, publicity, advertising, and promotional materials without reservation or limitation.

8. MISCELLANEOUS: I acknowledge and agree that this Agreement is intended to be as broad and inclusive as is permitted by Nevada law. In the event that any clause or provision of this Agreement is determined to be unenforceable as a matter of law, I intend that such clause or provision should be severed from the Agreement and that the remainder of the Agreement shall continue in full legal force and effect. I acknowledge that the Agreement represents the entire understanding of the parties with respect to the matters set forth herein and no subsequent modification is binding unless reduced to writing and signed by the party against whom enforcement is sought. I further acknowledge and agree that all pre-existing agreements, subsequent course of performance, or purported oral modifications of the terms of this agreement that purport to establish different consequences for my activities at Treasure Island, LLC, facilities are null and void.

9. JURY TRIAL WAIVER: I, on behalf of myself and the Releasing Parties, hereby waive, to the full extent permitted by applicable law, any right the Releasing Parties, any of them, or myself may have to trial by jury in any legal proceeding directly or indirectly arising out of or relating to this Agreement, the Activities, or any injury sustained or caused by any person in connection with the Activities (whether based on contract, tort or any other theory). For myself and the Releasing parties I further represent and warrant (a) that no representative, agent or attorney of any other party has represented, expressly or otherwise, that such other party would not, in the event of litigation, seek to enforce the forgoing jury trial waiver and (b) that all parties to this Agreement been induced to enter into this agreement by, among other things, the jury trial waiver set forth in this section. I further expressly acknowledge, on behalf of myself and the Releasing Parties, that this waiver is made for the express purpose of expediting resolution of any dispute relating to this Agreement, the Activities, or any injury sustained or caused by any person in connection with the Activities between the Releasing Parties and the Released Parties.

10. GOLFERS HANDBOOK AND SAFETY RULES: I agree to follow procedures and safety rules described in the Safety Rules which are intended to protect the players, spectators and other guests.

THE COVE RULES & GUIDELINES

The following procedures are in place to ensure members and guests have a safe, enjoyable experience at Treasure Island, LLC:

• Guests must be 21 years of age or older to rent the golf simulator.
• Ages 14 and under must be accompanied by an adult over the age of 18.
• No metal spikes.
• Treasure Island, LLC, is under video surveillance. Tampering with the camera system or damaging equipment will result in financial compensation being paid to Treasure Island, LLC.
• Guests and members acknowledge that photography and/or video may be recorded and used for promotional purposes without compensation.
• Players are responsible for the equipment inside the simulators. No swinging clubs, bats, lacrosse sticks, hockey sticks, or throwing any balls outside of the simulators for safety reasons.
• Golf balls and other equipment will be provided in the simulators.
• Only one person is permitted in the hitting area at a time (except during formal instruction). Everyone MUST keep a safe distance behind the yellow line, and be aware of the person using the simulator.
• Practice swings must be done in the designated hitting areas.
• No running starts when driving the golf ball (i.e., Happy Gilmore).
• Be aware of your backswing and follow through at all times.
• Before you swing any clubs, check your surroundings to ensure no person or obstacle is within your range of swing.
• Your shot must be directed towards the hitting screen.
• Be alert of where you stand or walk and stay out of someone's swing path.
• Please be respectful and courteous to the other people using the simulators.
• If you are not finished by the end of your scheduled time, you may be asked to quickly complete your practice session, so that the next person can start on time.
• No food, drink, or glassware are allowed inside the simulator bays at any time.
• The Cove is not responsible for lost or stolen cards or other personal property.
• Report any accidents immediately.
• Customers are financially responsible for any damage caused by failure to follow the directions of the Rules and Guidelines.
• Failure to abide by any of the above procedures may result in the cancellation of the remainder of your paid simulator time without compensation.

I HAVE READ THIS RELEASE AGREEMENT, FULLY UNDERSTAND ITS TERMS, UNDERSTAND THAT I AM GIVING UP SUBSTANTIAL RIGHTS BY ENTERING THIS FACILITY AND DO SO FREELY AND VOLUNTARILY WITHOUT ANY INDUCEMENT.

PARENT OR GUARDIAN LIABILITY WAIVER ON BEHALF OF MINOR: I represent that I am duly qualified as the parent or legal guardian or authorized custodian the above listed persons ( hereafter the “Minor”) and that I have the authority to execute this Agreement on behalf of the Minor. I further agree to be legally bound by the provisions of this Agreement and to indemnify and hold harmless The Released And Indemnified Parties for any claims that the Minor may now have or may arise in the future during the Claim Period against any of The Released And Indemnified Parties arising on the Premises. I further agree that if it is determined that I am not the parent or legal guardian or legal custodian of the Minor, or that I did not have the authority to sign the Agreement on behalf of such Minor, I will nevertheless personally defend and indemnify The Released and Indemnified Parties for and from any Claim arising from Minor’s participation in activities at the Premises.

I HEREBY ACKNOWLEDGE (1) THAT THIS DOCUMENT IS VALID AND MAY BE ENFORCED IN THE SAME MANNER AS A HAND-SIGNED DOCUMENT THAT EXISTS IN PHYSICAL FORM. I ALSO EXPRESSLY ACKNOWLEDGE THE VALIDITY OF THIS DOCUMENT. I FURTHER AGREE THAT I HAVE KNOWINGLY AND EXPLICITLY WAIVED ANY RIGHT TO CLAIM THIS DOCUMENT IS INVALID OR IS UNENFORCEABLE.