PARTICIPANT WAIVER AND RELEASE OF LIABILITY In consideration of the opportunity to use the Paradigm Sports LLC dba THE VILLA GOLF LOUNGE (Company) building, golf simulator and related equipment and components, I hereby agree to the following Waiver and Release of Liability (Agreement): 1. Waiver and Release of Liability: My participation use of the building, golf simulator 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). It is also reasonably foreseeable that my careless or reckless use of the building, golf simulator and related equipment will result in damage thereto. Accordingly, I agree to the following: a. I hereby release and hold harmless Company, 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. b. I recognize the physical exertion involved in the use of the building, golf simulator 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. c. As between each of the Releasees and me, 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 the Seminar, including those sustained on the premises where the Seminar is conducted and while I am traveling to and from such premises, regardless of the location or mode of transportation. d. I will be personally liable for any and all damage to the building, simulator and related equipment caused by my careless, reckless or intentional actions. e. 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: a. I hereby expressly agree that (1) this Agreement shall be governed and construed according to the laws of the state of Texas without regard to its conflict of laws provisions and (2) 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 Bell County, Texas, or in the Federal District Court for the State of Texas, and that for such purposes, I expressly submit to the jurisdiction of such courts. b. 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. c. I hereby expressly agree that if any portion of this Agreement is held invalid, the balance of the Agreement shall nonetheless continue in full legal force and effect. I warrant that I have read and understand that this Agreement involves my waiver and release of significant rights and my assumption of significant indemnification responsibilities in participating in the Event. Food Allergy Disclaimer: Effort is made to educate staff on the severity of food allergies. However, because outside food is allowed and served with a number of ingredients, it cannot be guaranteed that every allergen in the food served will be identified and/or labeled. Customers that are concerned with food allergies need to be aware of this risk to ensure safety. Acknowledgment of Understanding: I (the minor client and the parents/guardians) have read this Assumption of Risk, Waiver of Liability, and Indemnification Agreement and fully understand its terms. I understand that I am giving up substantial rights, including my right to sue. I further acknowledge that I am signing the agreement freely and voluntarily, and intend my signature to be a complete and unconditional release of all liability due to 1) ordinary negligence by THE VILLA GOLF LOUNGE and the previously named parties or to 2) the inherent risks of the activity, to the greatest extent allowed by law in the State of Texas. I further grant THE VILLA GOLF LOUNGE 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. By signing this document, I acknowledge that if anyone is hurt or property is damaged during my participation in this activity, I may be found by a court of law to have waived my right to maintain a lawsuit against the Paradigm Sports LLC dba THE VILLA GOLF LOUNGE (referred to as the THE VILLA GOLF LOUNGE) on the basis of any claim from which I have released them herein. I HAVE HAD SUFFICIENT OPPORTUNITY TO READ THIS ENTIRE DOCUMENT. I HAVE READ AND UNDERSTOOD IT, AND I AGREE TO BE BOUND BY ITS TERMS. I have read the rules and instructions on the signs erected throughout the facility and/or from the “THE VILLA GOLF LOUNGE” website; villagolflounge.com and I have read the safety sign prior to participation.