DRIVE GOLF ACADEMY

MASTER TERMS OF SERVICE & LIABILITY AGREEMENT

TERMS & CONDITIONS / LIABILITY WAIVER / INFORMED CONSENT / PHOTO & DATA RELEASE

Curtis Nelson (o/a DRIVE GOLF ACADEMY)

(Hereinafter referred to as “DRIVE GOLF ACADEMY”)

In consideration for my use of DRIVE GOLF ACADEMY’s services, programs, events, equipment, and/or facilities (hereafter referred to as “services and facilities”), including but not limited to golf lessons, golf instruction, private studio memberships, golf simulator rentals, golf club regripping and repair, and custom golf club making, I agree to the DRIVE GOLF ACADEMY customer waiver (the “Client Waiver”) and its terms and conditions, as follows:

GENERAL TERMS AND CONDITIONS

I hereby understand and acknowledge that DRIVE GOLF ACADEMY’s services, programs, events, and equipment—including golf lessons, golf instruction, private studio memberships, simulator usage, club regripping and repair, and custom golf club making—may expose me to inherent risks, including accidents, injury, illness, or even death. I assume all risks associated with participation including, but not limited to, falls, contact with other participants, high-velocity golf ball rebounds, errant club swings, equipment-related injury, the effects of the weather, including high heat and/or humidity, and all other such risks being known and appreciated by me.

I hereby acknowledge my responsibility in communicating any physical and psychological concerns that might conflict with participation in any activity at a DRIVE GOLF ACADEMY facility. I hereby release, covenant not to sue, discharge, and hold harmless DRIVE GOLF ACADEMY, its owners, other employees, of and from the Claims, including all liabilities, claims, actions, damages, costs or expenses of any kind arising out of or relating thereto. I understand and agree that this release includes any Claims based on the actions, omissions, or negligence of the DRIVE GOLF ACADEMY, its owners, its employees, agents, and representatives.

I acknowledge that I am physically fit and mentally capable of performing the physical activities I choose to participate in while attending the DRIVE GOLF ACADEMY facility. After having read this Client Waiver and knowing these facts, I freely and voluntarily agree to participate in and use DRIVE GOLF ACADEMY’s facilities, private membership access, and virtual golf simulators. I understand the risks involved in these activities.

I understand that by signing this form, I am forfeiting my right to pursue legal recourse against DRIVE GOLF ACADEMY for any injury or accident that may occur while I attend and/or participate in any and all DRIVE GOLF ACADEMY services and/or facility usage. I understand that I am solely responsible and liable for my actions while attending and participating in any DRIVE GOLF ACADEMY services and/or facility usage. Further, I will not hold DRIVE GOLF ACADEMY responsible for any acts by any other individuals attending and/or participating in any and all DRIVE GOLF ACADEMY services and/or facility usage.

In consideration of DRIVE GOLF ACADEMY’s acceptance of my participation and furnishing of their services to me, I agree, for myself and anyone entitled to act on my behalf, to HOLD HARMLESS, WAIVE AND FOREVER RELEASE AND DISCHARGE DRIVE GOLF ACADEMY, its owners, employees, agents, officers, instructors, programs, organizers, representatives, successors, volunteers, and operators from any responsibility, liability, demands, or claims of any kind arising out of my attendance at DRIVE GOLF ACADEMY’s facilities or my participation in DRIVE GOLF ACADEMY’s virtual reality simulator, classes, lessons, memberships, programs, and/or events, whether foreseen or unforeseen, including those allegedly attributed to the above mentioned parties; and further, to save and hold harmless DRIVE GOLF ACADEMY’s services, programs, and persons from any claim by me, or my family, estate, heirs, transferees or assignees, arising as a result of my use of DRIVE GOLF ACADEMY’s services, facilities, or equipment.

LIMITATION OF LIABILITY & TECHNICAL DISCLAIMER

I acknowledge and agree that DRIVE GOLF ACADEMY shall not be held responsible or liable for any technical errors or downtime which may affect the DRIVE GOLF ACADEMY app, website, ProAgenda software, virtual reality screens, launch monitors, or other electronically-offered services from time to time. In the event a technical problem prevents or hinders my use of DRIVE GOLF ACADEMY’s services, I may notify DRIVE GOLF ACADEMY for a partial or full credit or adjustment of my session fee at the sole discretion of management.

TO THE FULLEST EXTENT PERMISSIBLE BY LAW, OTHER THAN IN THE EVENT OF A FORMAL JUDICIAL FINDING OF GROSS NEGLIGENCE OR WILLFUL MISCONDUCT BY A BRITISH COLUMBIA AND/OR CANADIAN FEDERAL COURT, DRIVE GOLF ACADEMY’S TOTAL LIABILITY TO ME SHALL NOT UNDER ANY CIRCUMSTANCES EXCEED THE TOTAL AMOUNT OF ALL THE MONEY I HAVE PAID TO DRIVE GOLF ACADEMY.

To the maximum extent permitted by applicable law, I agree to defend, indemnify, and hold harmless DRIVE GOLF ACADEMY, its affiliates, and their respective directors, officers, employees, agents, service providers, contractors, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgements, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to my use of DRIVE GOLF ACADEMY’s equipment or facilities, including, but not limited to, my use of the virtual reality simulator, private member keycode entry, my use of any shared customer facilities, my use of any rented or academy-provided equipment, my interactions with other individuals in or around the DRIVE GOLF ACADEMY facility, and my actions while attending the DRIVE GOLF ACADEMY facility.

FORCE MAJEURE

DRIVE GOLF ACADEMY shall not be liable for any failure to perform any obligation under any agreement which is due to an event beyond the control of such party including, but not limited to, any Act of God, terrorism, war, political insurgence, insurrection, riot, civil unrest, government-ordered lockdown, act of civil or military authority, uprising, pandemic, epidemic, earthquake, flood, or any other natural or man-made eventuality outside of our control, which causes the termination or suspension of an agreement or contract entered into by DRIVE GOLF ACADEMY. In such event, DRIVE GOLF ACADEMY shall use all reasonable endeavors to comply with the terms and conditions of any agreement entered between myself and DRIVE GOLF ACADEMY once safety and operations resume.

CANCELLATION / NO SHOW POLICY

Cancellations or modifications to any simulator rental, membership hour booking, or academy lesson reservation must be completed via DRIVE GOLF ACADEMY’s booking system at least 12 hours prior to the scheduled time. Cancellations made between 4 and 12 hours prior to the reservation will incur a charge of 50% of the cost, or have 50% of the session time deducted from an active package/membership tier. For any cancellations less than 4 hours before the reservation time, or complete no-shows, the full cost of the reservation will be charged or 100% of the time will be deducted from the package or membership allocation.

THE 24-MEMBER CLUB INTEGRITY POLICY (MEMBERSHIP SPECIFIC)

To preserve an uncrowded, premium practice sanctuary, private studio memberships are strictly capped at 24 active keys.

1. Host-Must-Play Clause: Secure entry credentials, keycode access, and booking accounts are strictly non-transferable. While members possess guest privileges aligned with their respective tier, the primary membership holder must be physically present in the hitting bay for the entire duration of the booking. Unhosted guest access is strictly prohibited.

2. Account Sharing: Systematically sharing an account, distributing personal entry codes to non-members for independent use, or splitting membership tier costs collectively to bypass individual registration constitutes a material breach of contract.

3. Enforcement & Liquidated Damages: Violation of this policy will result in the immediate deactivation of the member's keycode and permanent revocation of booking access. For 12-month commitment tiers, because the member has locked up one of only 24 keys, the member remains legally liable for the financial balance of their remaining contract term. Recurring monthly charges will continue via Stripe through the end of the term as agreed-upon liquidated damages. For month-to-month tiers, access is terminated instantly without a pro-rated refund for the active cycle, and future billing is ceased.

4. Surveillance Monitoring: For security, insurance validation, and club integrity enforcement, the facility is under continuous 24/7 video and audio surveillance. Tampering with cameras or security hardware will result in immediate membership termination and financial liability for damages.

ACADEMY DEVELOPMENT PACKAGES & PERFORMANCE GUARANTEE

1. 12-Month Expiration: All public simulator packs, standalone lesson packages, and upgraded performance tracks carry a strict 12-month expiration date from the original date of purchase. Unused lessons or hours are completely non-refundable and automatically forfeit after 12 months.

2. The DRIVE Upgrade Path: Students enrolled in a Silver (6-lesson) package may upgrade to a Gold (11-lesson) or Platinum (15-lesson) package at any point before their 6th lesson is completed by paying the exact mathematical difference between the tracks. Upgrading retains top-tier volume discounts but does not reset or extend the original 12-month expiration window from the initial purchase date.

3. Roster Locks: Multi-player semi-private (2 players) or group (3 players) lesson packages require fixed participant rosters designated at initial checkout. Participants cannot be substituted or swapped between sessions. Registered members purchasing multi-player tracks at a member-exclusive tier discount must be present at all training hours; non-members are permitted inside the facility strictly during the paid instruction hour.

FACILITY RULES & GUIDELINES

The following procedures are in place to ensure members and guests have a safe, elite, and premium training experience at DRIVE GOLF ACADEMY.

1. Waiver Prerequisite: Every individual must execute this Master Agreement and Liability Waiver digitally or physically before participating in any facility activities, entering the hitting bays, or utilizing any academy equipment.

2. No Outside Food & Mat-Zone Drink Restrictions: Outside food is strictly prohibited within the facility at all times. Complimentary facility-provided beverages (such as water and premium coffee pods) are permitted exclusively within the designated high-top lounge seating tables. All beverages must be kept in closed, spill-resistant containers (such as capped bottles or travel mugs with lids) and must remain entirely clear of the active turf hitting mats, electronics, and computer tracking terminals. The user/member assumes 100% financial liability for any hardware or structural damage caused by liquid spills.

3. Footwear Policy (NO SPIKES): Standard athletic running shoes or spikeless golf shoes are fine, but metal spikes or hard plastic cleats are strictly prohibited. Spikeless golf shoes or running shoes must be dedicated indoor shoes or cleaned completely of all mud, dirt, and outdoor debris prior to entering the hitting mats.

4. Rental and Academy Equipment: If any rental or academy-provided clubs are used, the user is entirely responsible for any damage or missing components. Each bag contains a total of 14 club sets; if damaged or lost, the original full replacement cost of the club will be charged directly to the billing method on file.

5. Simulator Technology Protection: Players are entirely responsible for the high-end technology and tracking equipment inside the simulators. Members and guests shall not touch, adjust, calibrate, untether, or tamper with the overhead launch monitors (ProTee VX sensors), projection screens, computer terminals, or structural camera setups. Any hardware errors or tracking discrepancies must be reported immediately to staff or administration.

6. Hitting Mat Boundaries: Only one person is permitted inside the active hitting area at a time. All other persons—including spectators, children, and waiting players—MUST keep a safe distance behind the structural safety boundaries, remain fully alert, and keep constant watch of the person golfing. For safety reasons, no clubs may be swung outside of the designated hitting bays under any circumstances.

7. General Environmental Awareness: Swinging golf clubs near individuals and golf balls exiting the bay at high speeds present extreme physical danger. Before you swing any club, check your entire physical surroundings (monitors, overhead structures, adjacent walls, and other players) to ensure no obstacles or individuals are within your range of swing. Be responsible for both your backswing and your follow-through at all times.

8. Direction of Play: All practice swings and active shots must take place exclusively on the designated hitting area of the mat and must be directed explicitly toward the impact hitting screen.

9. Accident and Damage Reporting: Any operational accidents, structural contact, equipment malfunctions, or bodily injuries must be reported to DRIVE GOLF ACADEMY management immediately at the time of the occurrence.

10. Financial Accountability: Members and guests are held directly financially responsible and legally liable for any structural, tracking technology, or property damage caused by a failure to follow the explicit directions of these Rules and Guidelines or reckless conduct.

11. Clean Club Requirement: If you bring your own clubs, faces and grooves must be completely cleaned of dirt, mud, sharp debris, and permanent marker before play to protect the premium simulator impact screens from tearing or staining.

12. Punctuality and Transition Protocol: Hitting bays and academy lesson tracks operate on strict, consecutive schedules. We would love for you to be able to finish your "last hole," but if another group is booked after you, the simulator session will terminate promptly at the end of your designated booking block to ensure smooth transitions.

13. Enforcement of Facility Expulsion: Failure to abide by any of the stated procedures, safety protocols, or staff instructions will result in the immediate cancellation of the remainder of your paid simulator or lesson time and potential expulsion from the facility without financial compensation or recourse.

14. Surveillance Consent & Structural Security: Members and guests explicitly acknowledge that the DRIVE GOLF ACADEMY facility is under continuous 24/7 video and audio surveillance. Tampering with the security camera system, main door locking mechanisms, or safety hardware will result in the immediate termination of all facility access, permanent membership revocation, and formal financial compensation demands being processed against the account holder.

COMPREHENSIVE RELEASE OF LIABILITY, ASSUMPTION OF RISK, AND RELEASE

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

RELEASE AND INDEMNITY: For myself and on behalf of 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, remise, 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, including without limitation by reckless, negligent or grossly negligent conduct (hereafter collectively, “Claims”) of any and all of the Releasing Parties that arise on, are based upon or result from, any act, event, occurrence or omission on the Premises. Furthermore, and without limiting the foregoing, on behalf of the Releasing Parties I waive any and all Claims that any of us, whether individually or collectively, may now or in the future have against any of The Released and Indemnified Parties 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.

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 or even death. 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. I understand that no matter how careful the Releasing Parties may be during golfing and related activities, and that no matter how much DRIVE GOLF ACADEMY’s employees/agents attempt to reduce the risks, the risk of serious injury (including death) is not eliminated, and remains foreseeable.

ASSUMPTION OF RISK AND LOSS: I ACKNOWLEDGE THAT ALL ACTIVITIES AT THE PREMISES, INCLUDING THE ACTIVITIES OF THE RELEASED AND INDEMNIFIED PARTIES, THE ACTIVITIES OF THE RELEASING PARTIES AND THE ACTIVITIES OF THIRD PARTIES ARE POTENTIALLY AND INHERENTLY DANGEROUS AND I KNOWINGLY AND FREELY ASSUME ALL KNOWN AND UNKNOWN RISKS ON BEHALF OF MYSELF AND THE OTHER RELEASING PARTIES, INCLUDING WITHOUT LIMITATION ALL RISKS OF INJURY, DAMAGE AND/OR DEATH. I further agree that none of The Released And Indemnified Parties will be responsible to me or any of the Releasing Parties for the loss or theft of my personal property, or that of any of the Releasing Parties while I am on the Premises. My participation and the participation of any of the Releasing Parties (including, but not limited to my spouse, child and ward, if any) in any activities whatsoever on the Premises is purely voluntary, and I elect and agree on behalf of myself and all of the Releasing Parties (including but not limited to my child or ward, if any) to participate in those activities in spite of the risks. I further expressly agree that I will pay for the cost of medical assistance should any of The Released And Indemnified Parties request such assistance in their sole discretion on behalf of any of the Releasing Parties. I assume full financial responsibility for any damage or injury that may occur to any of the Releasing Parties while at the Premises, I fully agree to bear the costs of any such injury or damage to any of the Releasing Parties and their personal property arising on the Premises. As to any occurrence on the Premises, I further expressly assume 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 to me.

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 DRIVE GOLF ACADEMY at the Premises (hereafter “Third Parties”). In such event, 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. 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 DRIVE GOLF ACADEMY while on the Premises. In such event, 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.

INSURANCE & REPRESENTATIONS: I certify and represent that I have adequate personal insurance or sufficient personal assets to fully indemnify The Released And Indemnified Parties against any Claims of any of the Releasing Parties against any of The Released And Indemnified Parties for which I have an indemnity obligation under this Agreement. 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.

INFORMED DATA, VIDEO, AND MOBILE AUDIO-VISUAL CAPTURE RELEASE

I recognize that DRIVE Golf Academy utilizes advanced technology tools for performance tracking, swing analysis, and facility safety.

1. Technical Tracking: I grant DRIVE Golf Academy explicit authorization to capture, process, and digitally store my dynamic swing mechanics, shot tracking metrics, and audio-visual data captured via overhead sensors and built-in studio cameras within the ProAgenda ecosystem.

2. Handheld Mobile Device Captures: Furthermore, I explicitly authorize DRIVE Golf Academy instructors to utilize iPhones, Android devices, tablets, or any secondary handheld or stationary audio-visual recording devices to record my golf swings, setups, and instructional physical forms during lessons, clinics, or practice hours.

3. Media & Promotional Rights: I irrevocably grant DRIVE Golf Academy the right to utilize any photographic captures, high-speed camera extractions, or mobile/handheld video clips containing my face, form, likeness, voice, or performance metrics for promotional, corporate advertising, educational insights, or social media marketing channels without financial compensation.

4. Privacy Opt-Out: I retain the absolute right to restrict my personal training data and video assets to private, unshared instructional database folders by executing a formal written request sent directly to admin@drivegolfacademy.com.

CHOICE OF LAW AND VENUE

This Agreement shall be governed by and construed in accordance with the laws of the Province of BRITISH COLUMBIA and the federal laws of Canada applicable therein, without giving effect to any choice or conflict of law provision, principle or rule and notwithstanding your domicile, residence or physical location. Venue for disputes under this Agreement shall be exclusively in the courts of BRITISH COLUMBIA. I further agree that should DRIVE GOLF ACADEMY (or any of the other 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.

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).

PARENT OR GUARDIAN LIABILITY WAIVER ON BEHALF OF MINOR

I understand that all minors under the age of 21 must be accompanied by parents or legal guardians at all times while at DRIVE GOLF ACADEMY. I represent that I am duly qualified as the parent or legal guardian or authorized custodian of the minor user (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 against any of The Released And Indemnified Parties.

MISCELLANEOUS

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 oral modification is binding.

I HEREBY ACKNOWLEDGE AND AGREE THAT THIS DIGITAL AGREEMENT IS VALID AND MAY BE ENFORCED IN THE EXACT SAME MANNER AS A HAND-SIGNED DOCUMENT THAT EXISTS IN PHYSICAL PAPER FORM. I HAVE READ THIS RELEASE AGREEMENT, FULLY UNDERSTAND ITS TERMS, UNDERSTAND THAT I AM GIVING UP SUBSTANTIAL LEGAL RIGHTS BY PARTICIPATING IN SERVICES AND/OR ENTERING THIS PRIVATE CLUB ENVIRONMENT, AND CHECK THIS ACCEPTANCE BOX FREELY AND VOLUNTARILY WITHOUT ANY INDUCEMENT.