Participant Waiver and Release of Liability

In consideration of the opportunity to use the Fore'Fun Golf Sim building, golf simulators, and related equipment, I hereby agree to the following Waiver and Release of Liability (Agreement):

1. Waiver and Release of Liability:

   • My participation and use of the building, golf simulators, and related equipment is voluntary and subjects me to the possibility of physical injury (which could be minimal, serious, and/or result in death) and loss of or damage to my property (collectively, Risks).
   • I hereby release and hold harmless Fore'Fun Golf Sim, its officers, directors, employees, agents, volunteers, and contractors (collectively, Releasees) from any claim, demand, loss, liability, damages, and attorney fees and costs whatsoever arising from, related to, or resulting from these Risks (Claims), including those caused by the negligent acts or omissions of any or all of the Releasees.
   • I recognize the physical exertion involved in the use of the building, golf simulators, and related equipment, and attest and certify that I am physically fit to participate safely, and I have not been advised otherwise by a health care professional.
   • I will be solely responsible for any and all medical and related bills that I may incur because of any injury, as well as costs related to loss or damage to my property, that I may sustain as a result of my participation in activities at Fore'Fun Golf Sim.
   • I will be personally liable for any and all damage to the building, simulators, and related equipment caused by my careless, reckless, or intentional actions.
   • This Agreement shall be binding on my estate, heirs, executors, administrators, successors, and assigns, as well as any other party asserting a Claim on my behalf or on behalf of my estate.

2. General Provisions:

   • This Agreement shall be governed and construed according to the laws of the state of Iowa without regard to its conflict of laws provisions.
   • Any action or proceeding concerning any Claim or the meaning or effect of any provision of the Agreement shall be conducted only in the state courts located in Dubuque County, Iowa, or in the Federal District Court for the Northern District of Iowa, and for such purposes, I expressly submit to the jurisdiction of such courts.
   • This Agreement contains the entire understanding between and among the parties concerning these matters. No waiver, modification, or amendment of any of the terms of this Agreement shall be effective unless made in writing and signed by the party to be charged.
   • If any portion of this Agreement is held invalid, the balance of the Agreement shall nonetheless continue in full legal force and effect.

Signature: ___________________________

Date: _______________________________

Signature