RELEASE, WAIVER OF LIABILITY AND INDEMNITY AGREEMENT

Parluxe Golf Corp.

(also referred to at times as “Parluxe Indoor Golf”)

2157 Royal Windsor Drive, Unit 4/5, Mississauga, ON L5J 1K5  |  info@parluxegolf.com

PLEASE READ CAREFULLY BEFORE PROCEEDING. THIS DOCUMENT AFFECTS YOUR LEGAL RIGHTS.

This Agreement applies to all Parluxe Golf Corp. services — simulator bookings, private lessons, and private event/venue rentals. Section 5 sets out additional terms specific to each service; the subsection relevant to your booking applies to you, in addition to the general terms in the remaining sections.

1. Definitions

“Releasees” means Parluxe Golf Corp. (also referred to at times as “Parluxe Indoor Golf”) and its affiliates, and their respective directors, officers, shareholders, employees, instructors (including independent contractor instructors, as described in Section 5.2), agents, independent contractors, subcontractors, representatives, sponsors, successors, and assigns.

“Facilities” means all Parluxe premises and amenities, including the hitting bays, simulators, bar and food-service areas, pathways, restrooms, waiting lounge, and any adjacent parking areas, and any lessons or events held there.

“Equipment” means golf clubs, balls, tees, simulators, hitting turf and mats, projection screens, projectors, computers and related electronics, monitors, TVs, training aids, and any other equipment made available for use at the Facilities.

“User” means the individual or entity that made the booking (as a simulator guest, lesson participant, or event Renter) and who may bring guests and/or minors to the Facilities. Where a booking is a Private Event, “User” and “Renter” are used interchangeably, and Parluxe Golf Corp. is also referred to as the “Host.”

“Golfing” includes use of the Facilities and Equipment, participation in lessons or events, and all other activities that take place at the Facilities.

2. Assumption of Risk

I acknowledge that Golfing, my presence at the Facilities, and my use of the Facilities and Equipment involve risks, dangers, and hazards, including but not limited to:

• Slips and falls;
• Being struck by stray golf balls or golf clubs;
• Failure to act safely, within one’s own ability, or within designated areas;
• Injury, illness, or death resulting from physical activity or exertion, including aggravation of any pre-existing medical condition;
• Exposure to and spread of communicable illness, including SARS-CoV-2/COVID-19 or other disease, bacteria, or virus, whether or not subject to an outbreak, epidemic, or pandemic;
• Foodborne illness;
• Delayed maintenance or repair of the Facilities or Equipment;
• Negligence of other persons; and

Fitness to participate: I confirm that I am not aware of any medical condition, injury, or physical limitation that would make my participation in Golfing unsafe. I understand it is my responsibility to consult a physician before participating if I am uncertain about my fitness to do so.

Emergency medical treatment: I authorize Parluxe staff to call emergency medical services, administer basic first aid, or arrange transport to a medical facility if they reasonably believe it necessary, and I agree that the Releasees are not liable for any care provided or arranged in good faith in an emergency.

No insurance provided: I acknowledge that Parluxe does not provide medical, accident, or travel insurance for guests, and that I am responsible for maintaining my own insurance coverage for any injury or illness that may occur while at the Facilities.

3. Guests, Minors, and Parental Consent & Indemnity

I am responsible for the supervision and conduct of all guests and minors accompanying me, and I agree to ensure they comply with all Facility rules, regulations, and policies, including the Parluxe Rules & Code of Conduct in Section 10. I accept full liability for any damages, injuries, or losses caused by my guests or minors.

Minors are only permitted in the Facilities if accompanied by their parent or legal guardian, or where the parent or legal guardian has provided consent. By permitting a minor to enter the Facilities or participate in a lesson or event, I confirm that I am that minor’s parent or legal guardian, or am authorized by the parent or legal guardian to accept this Agreement on the minor’s behalf, and that I accept this Agreement, and its risks and obligations, on behalf of the minor.

I personally release the Releasees, on my own behalf, from any and all claims relating to the minor’s presence at or use of the Facilities, and I agree to indemnify and hold harmless the Releasees, to the fullest extent permitted by law, from any claim, loss, damage, or expense arising from the minor’s presence, conduct, or participation. Where applicable Ontario law limits a parent’s or legal guardian’s ability to waive a minor’s own independent legal claims, this Section remains fully effective as (i) a release of my own claims, and (ii) my personal indemnity in favour of the Releasees.

4. Release, Waiver of Liability, and Indemnity

In consideration of the Releasees permitting my use of the Facilities and Equipment, I agree as follows, on my own behalf and on behalf of all individuals, including minors, whom I invite or permit to enter the Facilities:

1. To waive any and all claims that I, my guests, or minors have or may in future have against the Releasees, and to release the Releasees from any and all liability for damage, expense, or loss — including illness, injury, or death — arising from any cause whatsoever, including negligence or breach of contract, duty of care, good faith, or fiduciary duty (including any duty under the Occupiers’ Liability Act), in respect of the Facilities, Equipment, instruction, or the risks described in Section 2;
2. To hold harmless and indemnify the Releasees from any and all liability for damage to or loss of property, or personal injury, illness, or death, arising from any willful or negligent act or omission by me, my guests, or minors;
3. To permit the Releasees to charge the replacement value of any fixtures, Facilities, or Equipment damaged, lost, or stolen by me, my guests, or minors to the payment method on file;
4. That the Releasees’ total liability under this Agreement is limited to amounts I paid for use of the Facilities and Equipment, and that the Releasees are not liable for punitive, exemplary, aggravated, or consequential damages;
5. That this Agreement binds my heirs, next of kin, executors, administrators, successors, assigns, and representatives; and
6. That this Agreement is governed by, and any litigation will be brought exclusively in, the Province of Ontario.

I confirm I have been given the opportunity to seek independent legal advice before accepting this Agreement, and I understand that by accepting it I am waiving legal rights that I, my guests, or minors, or our respective heirs and representatives, may have against the Releasees.

5. Service-Specific Terms

The applicable subsection below applies to your booking, in addition to the general terms of this Agreement.

5.1  Simulator Booking & Golf Club Rental

Club rentals are provided for the duration of the simulator session; please return clubs promptly at the end of your session.

• Rented equipment must be handled with care and used as intended.
• Clubs damaged, lost, or stolen during a rental will be charged at current replacement value plus a 10% administrative fee.
• All clubs are inspected before and after use; please report any pre-existing damage to staff at the time of rental, or you may be held responsible for it.
• A valid credit card is required for all rentals, and a security deposit may be held until equipment is returned in satisfactory condition.

5.2  Private Lessons & Coaching

I acknowledge that certain lessons and coaching services may be delivered by independent contractor instructors who are not Parluxe employees and who may operate their own coaching businesses with separate professional liability insurance. Whether delivered by an employee or an independent contractor, all instruction forms part of the activities covered by this Agreement, and “Releasees” includes both Parluxe Golf Corp. and the instructor providing the lesson.

5.3  Private Event & Venue Rental

Where the booking is a Private Event / Venue Rental, the following additional terms apply. Parluxe Golf Corp. is referred to as the “Host” and the booking party as the “Renter.”

• Access: The Renter may access the Venue 15 minutes before the reserved start time via the access code emailed prior to the event. A Host representative will be available on-site for the first hour for equipment orientation, a safety briefing, and food & beverage setup.
• Fees & deposit: Rental fees, a $100 cleaning surcharge, and a $200 refundable security deposit (refundable absent excessive cleaning, spills, stains, or damage) are payable through the online booking portal, plus applicable taxes.
• Guest capacity: Attendance may not exceed 32 guests. Any change to guest count must be reported at least 3 days before the event; exceeding capacity may result in additional fees and may violate fire-safety regulations.
• Alcohol & substances: No outside alcohol may be brought onto the premises without Host’s prior written consent; all alcohol service must comply with the Venue’s liquor licence. Illegal narcotics, smoking, and vaping are strictly prohibited throughout the Venue.
• Set-up: No tape, nails, adhesives, candles, or open flame may be used without Host approval. Any Renter-supplied items (decor, furniture, staging) must be approved by the Host at least 7 days in advance.
• Caterers: Any outside caterer must be approved in writing by the Host in advance.
• Condition of premises: The Renter is liable for any damage beyond normal wear and tear, as assessed by an independent contractor mutually agreed upon by the parties.
• Cancellation: Cancellations must be made in writing. More than 7 days’ notice: reservation fee refunded less a 5% administrative fee. 4–7 days’ notice: 50% of the reservation fee is payable. 4 days or less: 100% of the reservation fee is payable.
• Photography: The Renter may photograph or film the event but is responsible for obtaining consents from those filmed, and agrees that any distributed recordings will not contain obscene, illicit, defamatory, or otherwise unlawful content.

The Host may terminate this booking with reasonable notice if it determines in good faith that the event poses a safety risk or the Renter has misrepresented the nature of the event (in which case fees paid are refunded, less expenses already incurred), or where the Renter breaches this Agreement. The Renter agrees to defend and indemnify the Host against claims arising from the Renter’s, or the Renter’s guests’, use or misuse of the Venue.

6. Cancellations & Refunds

Simulator bookings: A minimum of 24 hours’ notice is required to cancel or reschedule a simulator booking. Cancellations made with less than 24 hours’ notice are not eligible for any refund or credit. It is the customer’s sole responsibility to cancel through their online account in the booking portal — cancellation requests sent by email are not accepted as valid notice and will not be honoured.

Packages, memberships & leagues: All simulator packages, lesson packages, memberships, and league memberships are non-refundable and non-creditable under any circumstances once purchased.

Auto-renewal authorization: For memberships and league memberships billed on a recurring basis, I authorize Parluxe to automatically charge my payment method on file each billing cycle until I cancel in accordance with the applicable membership terms. Parluxe will provide at least 30 days’ notice before any change to recurring pricing.

7. Payment Authorization, Damages, Loss & Theft

I authorize Parluxe Golf Corp. to open, manage, and close any food and beverage tab associated with my booking, and to charge the payment method on file for any outstanding balance, including applicable taxes and gratuities, if I or a member of my party leaves without settling the tab. I am financially responsible for all food and beverage charges incurred by my guests.

I acknowledge I am responsible for any loss, theft, or unauthorized removal of Parluxe property — including equipment, fixtures, consumables (such as golf balls, tees, or merchandise), and rented clubs — caused by me or by any guest or minor accompanying me. I authorize Parluxe Golf Corp. to charge the payment method on file for the replacement cost of such items, plus applicable taxes and reasonable administrative or restocking fees, without prior notice. I acknowledge such charges may be assessed based on security footage, staff reporting, or inventory discrepancies.

8. Alcohol, Food & Substance Policy

Age verification & responsible service: Parluxe Golf Corp. serves alcohol in accordance with the Liquor Licence and Control Act and Smart Serve requirements. Staff may request valid photo ID and may refuse or discontinue alcohol service to any guest who cannot provide ID, appears intoxicated, or is reasonably believed to be underage. Parluxe is not liable for any refusal or discontinuation of service made in good faith.

Assumption of risk — alcohol & impairment: I acknowledge that consuming alcohol impairs coordination, judgment, and reaction time, and increases the risk of injury while golfing or using the Equipment, and I voluntarily assume this risk. I agree not to use the simulators, golf clubs, or other Equipment while visibly intoxicated or impaired, and I acknowledge that Parluxe staff may restrict my access to the Facilities or Equipment if I appear intoxicated or impaired, without liability to Parluxe and without refund.

Outside alcohol & illegal substances: No outside alcohol may be brought onto the premises without Parluxe’s prior written consent. The use or possession of illegal drugs or unauthorized controlled substances on the premises is strictly prohibited; any guest found in violation will be removed immediately without refund, and Parluxe reserves the right to notify police.

Food, allergies & dietary restrictions: I am responsible for disclosing any food allergies, intolerances, or dietary restrictions to staff before ordering. Parluxe prepares and serves food in a shared kitchen and cannot guarantee against cross-contamination. Parluxe follows standard food-safety practices but does not guarantee against all risk of foodborne illness, and I assume this risk as described in Section 2.

Liability for intoxicated conduct: I am fully responsible for any injury, damage, loss, or disruption caused by me or my guests while under the influence of alcohol or other substances, and such conduct is subject to the release, waiver, and indemnity obligations in Section 4.

9. Privacy, Surveillance & Marketing Photo Release

I understand and acknowledge that the Facilities are monitored by surveillance cameras for security and operational purposes, and by entering and using the Facilities, I consent to my activities being recorded.

Personal information & PIPEDA consent: I acknowledge that Parluxe Golf Corp. collects, uses, and discloses personal information (such as my name, contact details, and payment information) to process bookings, operate the Facilities, and communicate with me, in accordance with the Personal Information Protection and Electronic Documents Act (PIPEDA) and Parluxe’s Privacy Policy. I consent to this collection, use, and disclosure, and understand I may withdraw my consent to receive marketing communications at any time by contacting info@parluxegolf.com, subject to any legal or contractual restrictions.

Marketing photo release: I further consent to Parluxe Golf Corp. photographing and/or video recording me, and any guests or minors accompanying me, while at the Facilities, and to Parluxe’s use of such photographs and recordings, without compensation, in its marketing and promotional materials, including its website, social media, and print advertising. Guests who do not wish to be included in marketing materials may opt out at any time by notifying Parluxe staff on-site or by emailing info@parluxegolf.com.

Performance & coaching data: I acknowledge that swing, ball-flight, and performance data generated by TrackMan or other launch monitors during my session or lessons (“Performance Data”) is collected to support instruction and Facility operations. Parluxe may retain and use Performance Data, including in aggregated or anonymized form, to improve its coaching programs and services. I may request a copy of my own Performance Data, or ask that it be deleted, by contacting info@parluxegolf.com.

10. Parluxe Rules & Code of Conduct

By attending the Facility and using Parluxe Golf Corp.’s (“Parluxe Indoor Golf”) full automated golf simulation facility, you acknowledge and agree to the terms outlined in our Terms of Service and Schedule A – Code of Conduct at all times.

Key highlights:

Golf clubs: Please bring your own golf clubs, which should be clean of dirt and debris.

Golf balls: Use Facility balls and tees only. Marked, dirty, or cracked balls can damage our screens, and you will be held liable.

Free Wi-Fi is available on-site for your convenience.

No outside food & drinks: No outside food or beverages, including alcohol, are allowed on the premises. Violation of this policy may result in penalties or fines. You may contact us to cater food for special events or use our kitchen/bar service for refreshments during operating hours.

Shoes: Indoor shoes only (no spikes).

Noise levels: Please respect other players; limit loud conversations, and be mindful to step out of the simulator to take calls or have extended conversations.

Inappropriate behaviour: Respect other guests, staff, and equipment. Disruptive or inappropriate behaviour will not be tolerated.

Littering: All garbage must be disposed of in the waste receptacles provided at the Facility. No person shall leave litter of any kind on or at the Facility. Violation of this policy may incur penalties or disposal fees.

Swing safety: Only swing on the strike mat.

No pets: Pets, other than guide/service animals, are not permitted at any time.

No smoking, marijuana, or vaping: Strictly prohibited in our Facility.

Privacy & marketing photos: The Facility is monitored by surveillance cameras, and photos or videos taken during your visit may be used in Parluxe’s marketing materials, as described in Section 9. You may opt out at any time by notifying staff or emailing info@parluxegolf.com.

Failure to comply with these house rules may result in future access restrictions to the premises and/or costs for damages incurred.

11. General Provisions

• Entire agreement: This Agreement constitutes the entire understanding between the parties regarding use of the Facilities and supersedes all prior agreements or understandings, written or oral.
• Precedence: If this Agreement conflicts with Parluxe’s Terms of Service or Schedule A – Code of Conduct referenced in Section 10, this Agreement governs with respect to the release, waiver, and limitation of liability.
• Amendments: Parluxe may update this Agreement and the Parluxe Rules & Code of Conduct from time to time, with changes posted on its website or provided at the time of booking. Continued use of the Facilities after such changes constitutes acceptance of the updated terms.
• Force majeure: Parluxe is not liable for any failure or delay in providing the Facilities or Equipment due to causes beyond its reasonable control, including power outages, equipment failure, severe weather, or government-ordered closures. In such cases, Parluxe’s sole obligation is to offer a refund or reschedule of the affected booking.
• Severability: If any part of this Agreement is held invalid or unenforceable, the remainder will continue in full force and effect.
• Governing law: This Agreement is governed by the laws of the Province of Ontario and the laws of Canada applicable therein, and the parties attorn to the exclusive jurisdiction of the courts of Ontario.
• Dispute resolution: The parties agree to attempt to resolve any dispute through good-faith negotiation or mediation before commencing litigation, where reasonably practicable.
• Class action waiver: To the extent permitted by law, any claim against the Releasees must be brought individually, and not as part of a class, collective, or representative action.
• Binding effect: This Agreement is binding upon and enures to the benefit of the parties and their respective heirs, next of kin, executors, administrators, successors, and assigns.
• Notices: Notices may be sent to info@parluxegolf.com or to the email address provided at the time of booking, and are effective upon receipt.

12. Acknowledgment and Electronic Signature

I confirm that I have been provided with access to this Release, Waiver of Liability and Indemnity Agreement and have had the opportunity to read and understand it in full, including the Cancellations & Refunds Policy in Section 6, the Alcohol, Food & Substance Policy in Section 8, the Parluxe Rules & Code of Conduct in Section 10, and the Service-Specific Terms in Section 5 applicable to my booking. I understand that this Agreement affects my legal rights and includes an assumption of risk, a release of claims, including claims arising from negligence, and indemnity obligations.

Electronic acceptance: By completing and paying for a booking through Parluxe’s online booking system, I knowingly and voluntarily accept and agree to be bound by this Agreement. I intend my completion and payment of the booking to constitute my electronic signature and legally binding acceptance of this Agreement, with the same force and effect as a handwritten signature.